If you are an international student in the United States you may wonder about your visa status and options once you graduate. Student visa holders often question whether they can switch from a student to a work visa. Understanding the process, legal requirements, and options available to you is crucial for successfully transitioning from a student to a lawful employee. Continue reading and contact an employment visa attorney in New York City for more information and legal assistance.
What is a Student Visa?
An F-1 student visa is a temporary nonimmigrant visa that allows foreign individuals to study at U.S. academic institutions. While this visa offers international students the opportunity to study and reside in the United States for the duration of their course, many individuals want to explore work opportunities in the country after they have completed their studies.
What is a Work Visa?
There are several types of work visas available to foreign nationals seeking employment in the United States, the most common being the H-1B visa. This category is reserved for individuals working in a specialty occupation who have at least a Bachelor’s degree, or equivalent experience.
Can I Switch From a Student Visa to a Work Visa?
The F-1 student visa is temporary and not designed for long-term employment. However, it is possible to switch to a work visa under certain circumstances. The most popular way students attempt to change their status after graduating is by transitioning to an H-1B visa.
Depending on the specific details of the circumstances, each student’s journey to obtaining employment status will be different. However, the general steps required to switch from an F-1 visa to an H-1B visa are as follows.
- Secure a job offer: In order to change your status you must first secure a job offer from a U.S. employer who is willing to sponsor you for the H-1B visa. If you are offered a job you can apply to change your status without leaving the United States.
- Labor Condition Application: Your prospective employer will file the Labor Condition Application (LCA) with the U.S. Department of Labor. This document establishes that the employer will comply with labor laws and outlines the details of your employment.
- Form I-129: Next, your employer will file Form I-129, the Petition for Nonimmigrant Worker with the USCIS (United States Citizenship and Immigration Services). This form details your qualifications, the role, the terms of your employment, and more. There is an associated filing fee of $780 which must be paid by the employer upon submission of the petition.
There may be additional fees throughout the process depending on the details of the situation.
During this process, it is crucial that you maintain valid legal status to ensure a smooth transition from student to worker. For more information on your legal rights and options, reach out to a skilled immigration attorney today.
