As an F-1 student visa holder, you may be dedicated to your studies and graduating with high marks. However, it’s also important to consider what will happen after you graduate. In many instances, your visa will expire shortly after your graduation date. However, if you wish to remain in the United States, you may be able to do so through employment. It’s imperative to understand that you generally cannot exceed more than 20 hours of employment while on this kind of visa. As such, you may be eligible to change your status from F-1 to H-1B to remain in the country. The following blog explores this process in further detail so you can learn more about your options and the importance of discussing your circumstances with an H-1B visa – specialty occupations and fashion models lawyer.
What Is an H-1B Visa?
An H-1B visa is an option for certain immigrants looking for employment in specialty occupations. Generally, for something to be considered a specialty occupation, it requires specific skills, knowledge, or educational qualifications. Additionally, you’ll find that the minimum requirement is a bachelor’s degree, though many of these positions require higher degrees. As such, you must possess the required degree or its equivalent to qualify for employment.
Common fields of employment that utilize H-1B visa holders include engineers, computer scientists, accountants, physicians, lawyers, journalists, and technical writers, among others.
It’s also important to understand that as an F-1 student visa holder, you may be eligible for Optional Practical Training. This is a program that allows you to have hands-on job experience to work in the United States following graduation. This program offers 12 months of employment. As such, you may work through OPT while searching for employment so you may remain in the United States following the expiration of your F-1.
How Can I Change My Status From an F-1 to an H-1B?
Applying for a change of status to assume a specialty occupation in the United States can be difficult. As such, the most important thing you can do during this process is connect with an experienced attorney to help guide you through these matters.
First and foremost, you cannot apply for a change of status without first securing employment from a U.S.-based employer willing to sponsor your H-1B visa. Next, you will be entered into the lottery, and if you are selected, you may continue the application process. This includes your employer filing a Labor Condition Application (LCA) with the Department of Labor, and once approved, filing a Form I-129, Petition for a Nonimmigrant Worker. This form will be filed with USCIS as a request to change your status from F-1 to H-1B. Once approved, you will be able to legally work in the United States.
As you can see, this process can be incredibly complicated to navigate. That is why it’s in your best interest to connect with an experienced attorney with Goel & Anderson to help guide you through changing your status. Contact us today to learn how we can assist you.
