How can I change my status from a student visa to a work visa?

Many international students studying in the United States wish to continue living and working in the country after completing their education. Transitioning from a student visa (F-1 or J-1) to a work visa (such as H-1B) involves a specific process. 

Steps to Change Your Status from a Student Visa to a Work Visa

1. Find an Employer

• Job Offer: The first step is to find a U.S. employer willing to sponsor you for a work visa. The employer must offer you a job that qualifies for the work visa category you are seeking.

• Employer Sponsorship: The employer must agree to sponsor your visa application and fulfill the necessary requirements.

2. Understand the Work Visa Options

• H-1B Visa: The most common work visa for international students. It requires a job offer in a specialty occupation and a bachelor’s degree or higher.

• O-1 Visa: For individuals with extraordinary ability or achievement in their field.

• L-1 Visa: For intra-company transferees who have worked abroad for a related entity of the U.S. employer.

• E-2 Visa: For investors and essential employees from treaty countries.

• Other Visas: Depending on your qualifications and job offer, other work visa categories might be available.

3. File the Petition

• Form I-129: The employer must file Form I-129, Petition for a Nonimmigrant Worker, with U.S. Citizenship and Immigration Services (USCIS) on your behalf.

• Supporting Documents: Include supporting documents such as your job offer letter, evidence of your qualifications, and proof that the job meets the requirements of the visa category.

4. Apply for a Change of Status

• Form I-539: If you are already in the U.S. and wish to change your status without leaving the country, you must file Form I-539, Application to Extend/Change Nonimmigrant Status, along with Form I-129.

• Filing Fees: Pay the required filing fees for Form I-129 and Form I-539.

• Timing: Ensure that the application is filed before your current student status expires.

5. Optional Practical Training (OPT)

• Post-Completion OPT: Utilize the 12-month OPT period after graduation to gain work experience in your field of study while waiting for your work visa approval.

• STEM OPT Extension: If you graduated with a degree in a STEM field, you might be eligible for a 24-month extension of your OPT period.

Important Considerations

• Cap-Gap Extension: If you are applying for an H-1B visa and your OPT period expires before October 1, you might be eligible for a cap-gap extension, allowing you to continue working until your H-1B status begins.

• Maintain Status: Ensure that you maintain your student status until your change of status is approved.

• Legal Advice: Consider consulting with an immigration attorney to navigate the process and ensure all requirements are met.

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Conclusion

Changing your status from a student visa to a work visa involves several steps, including finding an employer sponsor, filing the necessary petitions, and potentially utilizing OPT. Understanding the process and requirements can help you successfully transition from a student to a professional worker in the United States.

If you have any questions or need legal assistance with changing your status from a student visa to a work visa, please contact Liang Law at (408) 780-8862. We are here to help you through every step of the process.