Changing Visa Status to Enable Longer-Term Employment
If an employer should want to retain an F1 or J1 student beyond the practical or academic training period, it may be possible to secure an H-1B (Temporary Worker) visa. Application for the H-1B visa is made by the employer through the Department of Labor and Immigration and Naturalization Service (INS). Although services of an attorney are not required, these applications should be prepared with careful attention to the instructions provided concerning documents to be submitted with the completed forms. The entire process can take from a few months to more than six months. An H-1B visa may be continued for up to six years. It is intended for "professional" employment. There is no requirement that American citizens be recruited or preferred for H-1B positions.
Another option for longer-term employment is the L visa. This is for foreign nationals who have been employed abroad for a minimum of one year by a U.S. firm or corporation, or the affiliate or subsidiary of a U.S. company. These employees may transfer to the U.S. to continue their employment on L visas. The employer applies with the U.S. INS for the L visa, which permits foreign nationals to continue employment for up to three years.
All of these options focus on non-immigrant visas. Employers often favor these types of visas because they represent a much smaller time and resource commitment to obtain than immigrant visas. Employees who intend to return to their home countries after having established themselves professionally over a few years do not need to pursue immigrant visa status. For information about obtaining "green cards" or immigrant visa/permanent resident status for employees, please contact the United States Immigration and Naturalization Services.