If you are a foreign student holding an F-1 visa, you might be wondering what will happen to your legal status and options once you complete your studies. Transitioning from a student visa to a work visa is a vital step for those seeking to establish their careers in the United States. Please continue reading as we explore how to obtain a temporary visa to work in the U.S. after graduation and why connecting with a seasoned Middlesex County, New Jersey Business Immigration Lawyer is in your best interest.
What is a Student Visa?
First, it’s important to understand the F-1 visa permits foreign nationals to engage in full-time study in the U.S. To obtain a student visa you must meet certain academic and financial requirements. Although this non-immigrant visa enables international students to pursue academic studies in the U.S. for the duration of their courses, many students wish to pursue employment opportunities in the country after completing their studies.
What is a Work Visa?
There are several types of work visas available in the U.S. that allow foreign nationals to seek employment within the country. One of the most common types is the H-1B visa. This category is reserved for those working in specialty occupations, whcih typically require at least a Bachelor’s degree or its equivalent in experience. These occupations include fields such as architecture, engineering, mathematics, medicine, technology, and other specialized areas.
How to Move from a Student Visa to a Work Visa?
As mentioned above, the F-1 student visa is temporary, allowing foreign nationals to stay in the U.S. for a defined period solely to pursue their academic studies at an accredited institution. Essentially, this means these individuals are not permitted to permanently reside in the country. Once their studies are completed, they are expected to return to their home country.
To remain in the country after graduation, you can apply for a work visa. However, this usually requires completing your studies and finding an employer who is willing to sponsor your visa. The employer will need to file a petition on your behalf. It’s important to understand that you cannot simply convert your student visa to a work visa. The most popular route is transitioning to an H-1B visa.
After you’ve found an employer who is willing to sponsor your work visa application, they’ll need to file the Labor Condition Application (LCA) with the U.S. Department of Labor (DOL). This will establish that the employer will comply with labor laws and outline the details of your prospective employment.
From here, your employer will need to file Form I-129, “Petition for Nonimmigrant Worker,” with the United States Citizenship and Immigration Services (USCIS). This form outlines your qualifications, the position being offered, and the terms of your employment. You should note that your employer will need to pay a $780 filing fee when they submit this petition.
If you are an international student in the U.S. and you are nearing graduation, it’s crucial to consider your options for remaining in the country to pursue your desired career. At the Law Offices of Aditya Surti, LLC, we can guide you through the process ahead and maximize your chances of success. Connect with our firm today for more information and skilled representation.
