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Transitioning From Studies to the American Dream
America is a top destination for international students looking to broaden their horizons. An F-1 Visa allows these individuals to attend university in the United States, but what happens when their schooling comes to an end? Do they have options? Fortunately, there are various ways that international students can transition to work visas in Texas.
Taking this route offers tremendous opportunity. For one, an applicant can apply from inside American borders. These students typically have also established a life in the United States, and in many instances, this means they’ve had the opportunity to make professional relationships. Whatever your specific circumstances, there are typically options available.
Understand Your Visa Options
The first step in transitioning from a student visa to a work visa in Texas is to understand all your options. There are various visa types available — along with benefits to the visa you already have — and the route you choose should be based on your individual circumstances. Here are the most common options available to international students:
- H-1B Visa: This is the most common visa sought and secured by international students. Eligible individuals include those working in specialty occupations that require at least a bachelor’s degree
- L-1 Visa: If you are already employed and your employer has American offices, an L-1 Visa may be appropriate for an intra-company transfer
- E-1/E-2 Visas: These visas are available to those engaged in trade or investment as long as they’re from treaty countries. It’s also possible that employees of these individuals could qualify for a work visa
- O-1 Visa: Individuals who have made major achievements or who have extraordinary abilities may qualify for this visa. This greatly incentivizes excelling while in college
- Optional Practical Training (OPT): Holders of student visas can apply for OPT This will allow them to work in their field of study for 12-24 months, depending on their industry
Clearly, the opportunities are there for international students who want to transition to a work visa. However, a mere understanding of your options isn’t enough. Once you know what’s available to you, it’s critical to take certain steps to increase your odds of employment-based visa status. Not everyone is approved, so putting in the work is critical.
Applying for OPT
In most cases, applying for OPT is the quickest way to get started working in America. This will help you get practical experience while also extending your time in the country. Most importantly, this means you’ll have more time to apply for a visa and build professional relationships that can improve your odds of securing a temporary or permanent work visa.
To be eligible for OPT, you must have an F-1 Visa and be enrolled in an academic program for a minimum of one academic year. You’ll typically need to work with the Designated School Official (DSO) during the process, but it’s also recommended to consult with an immigration attorney. They can help you navigate U.S. Citizenship and Immigration Services (USCIS).
If you choose this route, make sure you apply within 90 days before your program ends or within 60 days after.
Securing Sponsorship
To get a work visa in America, you must first secure sponsorship. This starts with finding an employer — assuming you haven’t already done so. Start your job search as soon as possible, and make sure to focus on employers who sponsor work visas. Use university resources, professional networks, and career fairs to succeed in this task.
Once you’ve found the right employer, they’ll need to file a petition for a work visa on your behalf. However, keep in mind that there are annual caps on certain visas. This means timing and preparation are absolutely critical during the process. This is another reason why it’s usually advisable to apply for OPT whenever possible.
Changing and Maintaining Status
For international students transitioning to work visas in Texas, it may feel like a lot is out of their control. Even if you find the right employer and work with an experienced immigration attorney, it certainly feels like a significant portion of your time is spent “sitting and waiting.” However, you’ll have plenty to do once your employer’s petition is approved.
When this occurs, you’ll need to file a change of status with the USCIS. There’s a chance that your OPT might end before your visa begins. If this is the case, a cap-gap extension might be able to extend your F-1 status. Once you’ve secured employment-based visa status, you need to work diligently to maintain it.
Ensure you follow all relevant rules regarding employment and other requirements, and make sure you report to your DSO when appropriate. This may seem like an exciting victory, and it certainly is. However, simple mistakes can create unnecessary issues — and considering the complexity of America’s immigration system, it’s always best to avoid potential problems.
What Else Should You Know?
Understanding the American immigration system can be a complicated task. Fortunately, transitioning to a work visa can be a simpler endeavor than getting a green card. Still, it’s advisable to seek legal assistance. An attorney can advise you on which approach offers you the best opportunity for securing a visa to work in America.
A legal professional can also help guide you to potentially getting a green card. For instance, H-1B Visas allow dual intent, which means you can apply for a green card while on the visa. This is just one of the many nuances of international students transitioning to an employment-based visa in Texas. With the right legal help, things can become much simpler.
At Badmus & Associates, our team of immigration lawyers is here to help. Contact us at 214-393-4917 to discuss all your options.
