Transition from Student Visa to Work Visa in the US
If you’re a foreign student holding an F-1 visa, you have the option to transition to a temporary work visa or H-1B. It’s a good opportunity to start your career in the United States. However, it’s important to know how to process a student visa to a work visa in the USA to ensure a hassle-free process.
Below, we briefly discuss the steps and requirements to help you with your visa application. Keep reading to learn the basics, or simply contact us at Rush In Documentation Center to get professional help.
Understanding the benefits of F-1 visa (student visa)
The F-1 visa is a type of non-immigrant visa issued to foreigners who will enter the US as a full-time student in any accredited academic institution. Unlike the M-1 visa, the F-1 visa is only issued to individuals who will pursue an academic program in the United States.
One of the common questions we get among F-1 visa holders is whether they can legally work in the US during their stay. The answer is yes, but there are strict rules and limitations they should be aware of.
F-1 visa holders can seek on-campus employment for up to 20 hours a week during their academic term. They can also choose two off-campus work options under their F-1 visa:
- Curricular Practical Training (CPT). F-1 visa holders can seek paid training, either part-time or full-time, as long as it’s required or directly related to their field of study.
- Optional Practical Training (OPT). With OPT, F-1 visa holders can get up to 12 months of work authorization in their field of study, even if it’s not required by their major. This authorization is up to 24 months for STEM majors.
Overview of the H-1B visa (work visa)
The H-1B visa is a common choice among students who wish to transfer student visas to work visas. It’s a non-immigration and sponsored visa that allows employers to hire foreign nationals in the United States. The H-1B visa has a three-year, extendable validity.
H-1B visa holders can work in the U.S. in their field of expertise, which is why it’s popular among foreign students who want to gain international work experience. At the same time, the H-1B visa can be a pathway to permanent residency or a green card.
However, H-1B visa is NOT green card itself. Those who want to seek permanent residency under an H-1B visa need to undergo a separate process.
How to change a student visa to a work visa in the USA
If you’re a student planning to transfer from a student visa to a work visa, here are the steps you need to go through:
Step 1. Finish your degree
Take note that a bachelor’s degree or higher is the minimum eligibility for an H-1B visa. Make sure you secure your degree under your F-1 visa before starting the transition process.
Step 2. Find an H-1B sponsor
H-1B visa is a type of sponsored visa, so you need a job offer from a U.S. employer to qualify. Also, the job should be a ‘specialty’ occupation or one that requires technical expertise, such as those in engineering, science, or computer programming.
Step 3. The sponsor files the H-1B petition
Your employer should file a Labor Condition Application or LCA to the Department of Labor. This includes details such as your job title, compensation, and more.
Once the LCA is certified, your employer will then submit a filled-out Form-129 to start the H-1B petition to the U.S. Citizenship and Immigration Services or USCIS.
Step 4. Wait for approval
After your employer submits the H-1B petition, you only need to wait for approval. The processing time for your F-1 to H-1B visa can vary, depending on the specific circumstances of your case.
According to the USCIS Case Processing Times, 80% of H-1B petitions in California take about 4.5 months to be completed. But if you want to expedite the process, you can hire a professional like Rush In Documentation Center to help with your visa processing.
Requirements to change student visa to work visa
Similar to student visa requirements, you and your employer need to prepare documentation and eligibility when petitioning for an H-1B visa. Here are key requirements you need to know:
For the visa recipients:
- College degree diploma and transcript
- All copies of I-20 forms previously issued to you
- A copy of your Employment Authorization Document (EAD) if you’re currently employed through OPT
- Copies of your I-94 Arrival/Departure Record
- Passport biographic page
- Your valid F-1 visa stamp
- An eligible job offer
- Work experience (depending on your specific occupation & degree)
For petitioning employers:
- ACWIA fee (cost depends on the size of the company)
- H-1B petition filing fee
- Fraud prevention and detection fee
- Signed and certified Labor Condition Application (LCA)
- Support letter indicating the job requirements, duties, salary, and duration of which the employer plans to sponsor your H-1B
- Form I-129 petition
- Form I-129 H Supplement
- Form I-129 Data Collection Form
- Form I-907 Request for Premium Processing (if the employer wants to expedite the visa processing)
When is the best time to change student visa to work visa
It’s best to start the petition process at least 6 months before your F-1 student visa expires. The earlier, the better.
However, if your F-1 visa is set to expire before the approval of your H-1B, you can apply for a cap-gap extension. This will allow you to extend your F-1 visa to bridge the gap until your new visa becomes available. However, it’s only applicable if you’re selected in the H-1B visa lottery.
Take note that there’s an annual cap on H-1B visa applications due to the high demand. An H-1B lottery will take place if the number of petitions exceeds the annual cap. This means some applications will be selected through a lottery system to identify which one will be permitted to proceed with the filing.
Alternative pathways to secure a visa with work authorization
If you’re not chosen in the H-1B lottery, you can explore several alternatives to secure work authorization in the United States. Here are some of them:
- O-1 Extraordinary ability visa
The O-1 visa is a type of non-immigrant visa issued to individuals with extraordinary abilities or achievements in their field. This could be in the fields of sciences, business, arts, education, sports, and more. You can transition from your student visa to this visa if you meet the strict eligibility requirements.
- F-1 OPT STEM extension visa
If you have an F-1 Optional Practical Training (OPT) status, you might be eligible for a 24-month extension if you’re in the fields of science, technology, engineering, and mathematics (STEM).
- E-3 visa
If you’re an Australian citizen, you can apply for an E-3 visa to work in a specialty occupation in the U.S. As with an H-1B, you need employer sponsorship for this visa.
- TN visa
Under the United States-Mexico-Canada Agreement, Mexican and Canadian citizens can apply for a TN visa to secure work authorization under specific occupations.
Tips when switching from a student visa to a work visa
Planning is crucial when transitioning from a student visa to a work visa. Make sure you keep the following points in mind:
1. Plan around the processing times
Petitioning for H-1B visas can take up to 7 months to get approval. Also, you should factor in the lottery system, which will impact your petition.
If possible, you should apply as early as you can to avoid any gaps in your student visa’s validity to the H-1B approval.
2. Consult a visa processing expert
Shifting from a student visa to a work visa in the USA can be overwhelming without professional guidance. It’s best that you seek the expertise of an immigration consultant like Rush In Documentation Center.
This way, you’ll receive professional guidance on your visa application. We also offer processing support for both standard and expedited visa applications in California. With our help, you can avoid possible discrepancies that could compromise your H-1B petition.
3. Consider premium processing
The USCIS offers premium processing for certain petitions, including the petition for a non-immigrant worker (H-1B). Instead of waiting for months, you can get your H-1B petition results in as fast as 15 business days. However, premium processing can only be requested by the employee petitioning for an H-1B visa.
Premium visa processing also comes with an additional fee. As of February 2024, the USCIS fee for expedited processing of I-129 petitions is $1,685.
4. Stay informed about policy changes
Immigration policies are ever-changing, so make sure you’re in the loop of any possible changes that could affect your status in the U.S. This way, you can prepare ahead of time for your petition so you can transition from a student visa to a valid work authorization.
Need professional assistance with your visa application?
Are you a student visa holder planning to transfer to a work visa? Or are you an employer petitioning for H-1B but unfamiliar with the process? If so, all you have to do is call us at Rush In Documentation Center!
We provide visa processing support for all types of visas in the United States and other countries. We’ve successfully completed 187,000+ cases, making us the #1 choice in Los Angeles.
Since 1994, we’ve been the go-to specialist for all immigration consultation and support. Aside from visa processing, we also offer green card support, notary, certified translation, and apostille in Los Angeles. We’re your one-stop documentation provider in California for fast, accurate, and affordable services.
Contact us today, and let’s help you transition from a student visa to a work visa!
