From OPT to H-1B: Helping Texas Students Transition to Professional Work Visas

In this article, you can discover…

• What OPT is, and how it works for international students.
• How to transition from OPT to an H-1B Visa.
• Why working with an immigration attorney is critical to this transition.

What Is Optional Practical Training (OPT), And How Does OPT Work For International Students?

Optional Practical Training, or OPT, is a temporary work authorization that’s available to students who are here on an F-1 student visa. It allows them to work in the United States in a job that directly relates to what they’re studying, and is usually given in two-year increments.

How Long Can International Students Legally Remain In The U.S. On OPT After Graduating From A Texas University?

There are two types of OPT that allow you to legally remain in the U.S. after graduating. One is Post-Completion OPT, which applies right after graduation and lasts for two years. You can also extend your Optional Practical Training beyond graduation if you are in the fields of science, technology, engineering, or mathematics.

What Is The Step-By-Step Process For Transitioning From OPT To An H-1B Work Visa?

If you’re in OPT and your employer decides to keep you on after your OPT expires, typically your employer would then sponsor you for an H-1B visa. To start that process, they would need to give you a formal engagement letter or a work offer letter. Next, you would enter into what is called “the H-1B lottery” through the USCIS, where you register your case to be considered for an H-1B visa.

Finally, you would begin a “labor conditions application”, which is sent to the Department of Labor. If approved, this would greenlight you as a foreign worker, meaning that there are no other American workers who are able to meet the requirements of the job you are going to take.

Attorney Ricardo Ramirez is a seasoned, renowned visa and immigration attorney serving Texas. Since 2011, he’s helped students just like you ensure the OPT to H-1B transition is handled professionally, carefully, and with an eye on their future.

Have questions, or in need of legal representation? Reach out to R. Ramirez Attorneys and Counselors for an initial consultation today.

What Alternative U.S. Work Visas Are Available For OPT Holders Who Are Not Selected In The H-1B Lottery?

There are very few alternatives if you are not selected in the H-1B visa lottery. If you are a Canadian or Mexican citizen, you may qualify for a TN (Trade Nafta) visa, though this is only for certain listed professions.

There is also an E-2 visa, which would allow you, as a student, to transition into business founding or ownership if you invest in or start a business. If you have worked for a multinational company in a capacity abroad, you can transfer into the American Affiliate or American Subsidiary and get an L-1 visa in lieu of an H-1B.

Another thing to be aware of is that there are cap-exempt H-1B visas. These are not subject to a lottery or a cap, and are usually for non-profit research positions and certain medical positions.

Can I Change Employers While On OPT In Texas Without Violating Visa Rules?

Yes, you can, but you will have to do it very carefully. Once you decide to change employers and you’re under OPT, the shift needs to be to a job that is directly tied to your degree and is similar to what you were doing for your previous employer. You will need to update your SEVIS record with your school, as well.

Your new employer also needs to be enrolled in E-Verify, so that they can verify your qualifications.

Why Is Working With An Immigration Attorney Critical During The OPT-To-H-1B Transition?

When you are transitioning from OPT to an H-1B, you’re in a very vulnerable period where any little mistakes or transgressions can lead to the serious consequence of being out of status. It’s not just paperwork, but about timing, strategy, and when to start applying or renewing. An attorney can make sure this is handled optimally and ensure that you have all the needed documentation from your employer, as well.

There may be wage level issues or discrepancies that need to be sorted out before you transition from OPT to an H-1B. Furthermore, even one or two days in a lapse of status can potentially mean a denial of the entire process. An attorney can help you make sure your status is always current and valid throughout the transition.

With an immigration attorney, you have greater peace of mind that your degree, paperwork, the job offer, and everything else are in alignment and that all deadlines are met.

Still Have Questions? Ready To Get Started?

For more information on the OPT to H-1B transition in Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (956) 247-0068 today.