Post-Graduation Options: Navigating the Transition from Student Visa to Work Visa | ALG Lawyers

Published: August 7, 2023

Official records state that there were 1,362,157 active F-1 and M-1 students in school year 2022. After completing high school or college, a number of these students prefer to work and find post-graduate options in United States. To establish legal employment within the country, they must adjust their immigration status from student visa to work visa.

The chances of landing jobs in US as a non-citizen seem to be rising. According to the Bureau of Labor Statistics, non-citizens account for 18.1% of the US civilian labor force. There has been a 17.4% climb from 2021 to 2022 and this trend will more likely continue.

If you intend to work in the US after completing your studies, you may coordinate with ALG Lawyers. Our Los Angeles immigration law firm is more than happy to accommodate your legal needs.

What is post-completion OPT?

If you are interested in furthering your training before entering the workforce, F-1 students may apply for Optional Practical Training (OPT) after graduation. Through this program, eligible visa holders may work part-time or full-time in off-campus positions for up to 12 months for non-STEM OPT and 24 months for STEM-related OPT. However, such positions must be in a field related to their major.

Adjusting Status from Student Visa to Work Visa in the USA

One should petition for an adjustment of status to convert an existing student visa into a work visa capable of permanent residency in the United States. This process enables students who are currently residing in the United States to acquire an employment-based green card without leaving the country. Filing an adjustment of status is a convenient option for graduates or graduating students who already have job offers waiting for them.

To successfully transition from a student visa to a work visa, one indispensable requirement is finding an employer. Your employer will be your sponsor for the work visa. After which, you may coordinate with them to process your adjustment of status and comply with other requirements set by USCIS.

Depending on the visa you are applying for, your employer may need to submit a labor certification with the US Department of Labor. It should contain attestations relating to the prevailing wage requirements, working conditions, labor disputes, and notices of application.

List of Post-Graduate Work Visa Options

There are a variety of work visas available for US immigrants. It is ideal to explore the available options to carefully choose which one is the best match for your goals and preferences. The enumeration below is not an exclusive list of work visa options but these four are most relevant to recent graduates or soon-to-be graduating students:

EB-2 Visa

The EB-2 visa is recommended for professionals with advanced degrees and exceptional abilities. This visa category has two subgroups:

• Professionals holding an advanced degree, or a baccalaureate degree with at least five years relevant progressive experience
• Persons with exceptional ability in the sciences, arts, or business. They should establish a degree of expertise significantly above other professionals in the sciences, arts, or business fields

Generally, applicants should secure a job offer to qualify for the EB-2 visa. However, they may be exempted from this requirement if they successfully applied for a national interest waiver. Eligible applicants must establish the following:

• Their endeavors must be substantially meritorious and of national importance
• They are well positioned to advance their proposed endeavors
• The US government will benefit granting the waiver and the permanent labor certification requirements

E-3 Visa

The EB-3 or skilled workers, professionals, and unskilled workers visa offers US residency and employment to the following subgroups of workers:

• Skilled workers whose non-temporary or seasonal jobs requiring minimum of 2 years training or work experience
• Professionals belonging to jobs requiring a baccalaureate degree (or higher) from a US university or college or its foreign equivalent degree
• Unskilled workers whose non-temporary or seasonal jobs require less than two years training or experience

Applicants under this employment-based visa category should acquire a labor certification from the US Department of Labor.

H-1B Visa

The H-1B or specialty occupations visa admits foreign employees of US-based companies whose jobs entail theoretical and practical application of a specialized field. This visa category is often granted to practicing experts specializing in:

• Accounting
• Architecture
• Arts
• Business
• Education
• Engineering
• Law
• Mathematics
• Medicine
• Physical Sciences
• Social Sciences
• Theology

Applicants for the H-1B visa must possess the following qualifications:

• A valid job offer from a US employer for a job requiring specialty knowledge
• Proof of a bachelor’s degree or equivalent experience in the employee’s field of expertise
• The employer must establish the lack of qualified US-based applicants for the role

O-1 Visa

The O-1 visa is reserved for people possessing extraordinary ability or achievement relevant to their chosen fields. Applicants should demonstrate an extraordinary ability that has been nationally or internationally acclaimed. Those who succeeded qualifying for this visa are considered the “cream of the crop” in their field.

The O-1 visa category has two subdivisions:

• O-1A: Those who possess extraordinary ability pertaining to the fields of sciences, education, business, or athletics
• O-1B: Those who possess extraordinary ability in the arts or extraordinary achievement in motion picture or television industry

Tips for International Students Intending to Work in USA After Graduation

Finding the best post-graduate career options is both exciting and nerve-racking. To avoid being overwhelmed by this new adventure, here are some helpful tips you can follow:

Seek employment beforehand

Your hunt for a job in the US should not start after graduation. F1 international students’ visas expire 60 days after completing their courses. Two months is an extremely short time to find and land a job. Ideally, you should seek employment opportunities while your graduation is approaching or even before that.

Coordinate with your school

You may also try approaching your school’s International Students Office and Career Development Center. This office can facilitate your post-completion OPT. In addition, you may take advantage of their staff and resources to research on career options for graduating international students.

Establish connections while studying

Other than academics, you should also focus on networking to build ties with potential employers and workmates. The people you meet during internships and career talks might lead you to job opportunities. Do not limit your circle to co-students and teachers.

Consult an immigration attorney

Immigration lawyers can provide expert opinions regarding your transition from student visa to work visa. They can explain about the advantages and disadvantages of choosing specific visa routes. Following their professional advice can help you avoid rookie mistakes that may negatively affect your chances of visa approval.

Student Visa to Work Visa Transition in USA Made Easier with ALG Lawyers

College graduation is both a joyous and nerve-racking occasion. Finishing tertiary education is an event worthy of celebration, however, you also face the pressure of finding a good job and earning a reliable income. The pressure could even be more intensive for immigrants. If you are feeling overwhelmed figuring out post-graduate options in the US, you may also consult ALG Lawyers.

Our Los Angeles immigration law firm has lawyers and legal professionals with more than two decades of field experience. You can rely on us to provide premium and consistent services. We will utilize our expertise, tools, and connections to resolve your immigration dilemmas.