F-1 Students and the Option to Stay in the US with H-1B Visa

Young people around the world dream to study in the US because of the opportunities this nation can offer. Entering the US with an F-1 student visa is a great start to potentially find work in the country and hopefully, to be able to live permanently here.

In order to live permanently in the US after having the F-1 student visa, it’s necessary to follow the right process.

Can I change from F-1 status to H-1B status?

You can change the F-1 status to the H-1B status upon completion of your academic studies. The H-1B Visa will grant you permission to work in the US.

If you have a non-immigrant F-1 Visa is because you were allowed to enter the US as a full-time student, therefore, to complete the change of status, the institution where you did your academic studies, must be accredited by the US and you must obtain a degree, diploma or certificate of your education.

You can change from F-1 Visa to H-1B Visa after you complete your studies because you are going to be accredited as a professional and can work in specialized jobs, cooperative research with the DOD (department of Defense), development projects and models of haute couture

F-1 Visa

With the H-1B Visa you can work, while students with an F-1 Visa cannot work outside the campus during the first academic year, they can only accept a job on site and it’s subject to conditions and restrictions, and only after the first academic year, F-1 students can participate in three types of off-campus employment:

• Curriculum Practical Training (CPT)
• Optional practical training (OPT) (pre-completion or post-completion)
• Science, Technology, Engineering and Mathematics (STEM) Optional extension of practical training (OPT)

For F-1 students, any off-campus employment must be related to their area of study and must be authorized before by the Designated School Official, who is responsible for maintaining the Student Exchange and Visitor Information System ( SEVIS) in USCIS.

H-1b Visa

With the H-1B Visa, American employers can temporarily employ foreign workers in special occupations.

A specialized occupation requires a certificate of study or work experience. The duration of the permit is three years, extendable to six years, however, the visa holder can reapply before its expiration.

The laws limit the number of H-1B visas that are issued each year: 180,440 new H-1B visas were issued in 2017.

The H-1B Visa application for specialized jobs must meet one or more of the following requirements:

• A bachelor’s or graduate degree is normally the minimum requirement for these positions.
• You must have completed high school in an accredited institution, or higher (or its equivalent abroad) in an accredited university or studies center.
• You need to have a university degree obtained abroad that is equivalent to the university degree in the United States.
• Have a license (without restrictions) issued by the state or a certification that authorizes you to work in a specialized area.

An application for employment status is required (see: USCIS – H-1B Visa).

Summary

In conclusion, an F-1 Visa status can be changed to an H-1B Visa status after obtaining the certification of your studies at a US-certified school and then meeting the eligibility requirements for the H-1B Visa.

It is important to be in contact with an experienced immigration lawyer to have guidance when applying for an H-1B Visa. If you have any questions about an immigration issue or relating to a case you may have currently in Progress, then please don’t hesitate to contact us for a FREE Consultation with one of our expert immigration attorneys. Alternatively, simply call Motion Law today at: (202) 918-1799