You may have originally come to the United States with an F-1 visa as a student studying abroad; however, it isn’t uncommon for students to want to switch their F-1 to a work visa. You may wish to do this as a way of supporting yourself as you stay in the United States. Or, you may want to use an F-1 to H-1B change of status as a way of moving closer towards permanent residency. So, keep reading to find out whether you can switch an F-1 visa to a work visa and, if so, how this process works.
Understanding Change of Status
Pursuing an employment visa after a student visa is a common strategy many foreign students use so that they can continue to live and work in the United States. And the good news is that it is possible to change your status by taking the right immigration steps.
Firstly, when you do this, you’re changing your legal status in the U.S., which does require you to meet the eligibility requirements of the new visa you’re pursuing. You also need to make sure you time this correctly so that your current student visa doesn’t expire, resulting in you living in the U.S. illegally.
However, the good news for students is that they don’t have to leave the United States when switching from an international student visa to a work visa. For example, you can switch to an H-1B, O-1, or L-1, all while continuing to live in the U.S.
Utilizing Optional Practical Training When Switching From an F-1 to a Work Visa
A special resource foreign students have access to is optional practical training, otherwise known as OPT. OPT provides temporary work authorization for international students currently using an F-1 visa. It allows them to get hands-on work experience in their field of study, even if they don’t currently have a work visa. It is an employment benefit, not a type of visa, so students will maintain their F-1 status.
The main benefit of this option is that it provides students with hands-on work experience in their field, which can then help them qualify for more desirable employment options in the United States.
Also, going through OPT, which usually lasts up to 12 months and, in some rare cases, 24 months, gives you time to find a U.S. employer to sponsor your work visa.
Moving From F-1 to H-1B: What You Need to Know
Now that you know about changing your status and utilizing OPT, how exactly do you move from F-1 status to H-1B status? Here is an overview of what this process looks like, the eligibility requirements, and additional factors you need to keep in mind:
- H-1B eligibility: First of all, you need to make sure you meet the H-1B eligibility requirements before you attempt to apply. So, you must work in a specialty industry that requires exceptional knowledge and skills, hold at least a bachelor’s degree or its higher equivalent, and have a job offer in your field already arranged.
- Employer sponsorship: It isn’t enough to simply have a job offer from a U.S. company; you also need to have sponsorship from the employer. This is because the sponsoring employer is the one responsible for applying for the visa and meeting any additional employment requirements.
- H-1B cap: Another thing you need to keep in mind is that the H-1B visa falls into the category of visas that have an annual cap. The current limit is 65,000 H-1B visas per year, which means that these visas are highly competitive and often harder to obtain.
- Maintaining F-1 status: When going through a change of status, it’s crucial that you maintain your current visa status to avoid staying in the U.S. illegally. For F-1 status, this usually requires you to maintain a full course of study while your status is active, avoid any work without proper authorization, and understand when your F-1 status comes to an end.
Because you have to keep so many things in mind when switching from an F-1 visa to a work visa, it’s strongly recommended that you get the help of an employment-based immigration attorney. An attorney will have a better understanding of these requirements and can help you maintain your F-1 status and apply for an H-1B visa.
Other Employment-Based Options
Students who don’t meet the qualifications for an H-1B visa still have other employment-based visa options. These include:
- O-1 Visa: A visa option for individuals with extraordinary ability or achievements in education, sciences, arts, business, or athletics.
- L-1 visa: A visa option for students who have previously worked for a multinational company abroad and have transferred to a U.S. branch of that same company or an affiliate.
- TN visa: A visa option available for Canadian and Mexican citizens in designated professional occupations.
Keep in mind that you may have additional employment-based visa options depending on your qualifications.
Hire an Immigration Attorney Today
Do you want to switch your student visa to an employment visa? Contact us today at U.S. Immigration Law Counsel at 800-666-4996 or reach out through our online contact form to speak with an immigration attorney about your situation. We will deal with the government, so you don’t have to!
FAQ Section
Can I change from F-1 to H-1B without leaving the United States?
Yes. In most cases, you won’t have to leave the United States if you wish to change your status from an F-1 visa to an H-1B visa.
Do I need to use OPT before changing status?
OPT is an optional form of work authorization that isn’t strictly necessary if you wish to qualify for a work visa. However, it can help to serve as a bridge between school and long-term employment, giving you time to find a sponsoring employer as well as providing you with hands-on work experience.
Does changing status give me a new visa stamp?
No. The legal process of changing status inside the U.S. will not result in a new visa stamp, as this is only used for entry requests at a U.S. border or port of entry.
