Student (F-1) or Researcher/Trainee (J-1) Transitioning to Professional Career 

Our firm advises F-1 students and J-1 exchange visitors on maintaining lawful status, employment authorization, changes of status, and transitioning to employment-based visa options, including employer sponsorship for permanent residency (PERM labor certifications). For F-1 students, this may include planning around CPT, OPT, STEM OPT, the F-1 grace period, and the transition to H-1B or another nonimmigrant status.

The pathway for F-1 students can contain many hurdles, as there are limitations on work authorization during school, and careful planning must be done to maintain status adn keep open the possibility of future employment opportunities in the U.S. 
 
Students selected for a cap-subject H-1B may also qualify for cap-gap protection, which can help bridge the period between the expiration of F-1 status or OPT and the start of H-1B status. Other transitions—including cap-exempt H-1Bs and changes to different visa classifications—require careful planning because cap-gap protection may not be available.

J-1 exchange visitors face their own set of rules. Depending on the program and individual circumstances, issues involving employment authorization, program completion, changes of status, and the two-year home residence requirement can significantly affect future immigration options.

There are many questions that students have, such as whether they are authorized to work for a particular employer, whether they can travel outside the United States, and how to bring their spouse or children to the U.S. Also, there have been recent challenges to duration of status (D/S) which F-1 and J-1 holders commonly had upon entry to the United States. Furthermore, there has been recent litigation around the 60-day grace period  that F-1 and J-1 visa holders traditionally had upon entry to the United States. The regulations proposed by the government earlier this year would have done away with duration of status for all new entrants and reduced the grace period from 60 days to 30. That regulation is currently being challenged in Federal Court. As the law around F-1 students and J-1 trainees/researchers often changes on a weekly basis, please reach out to our office to schedule your appointment so you can receive up to the minute information on the latest regulatory and legal updates for F-1 and J-1 holders and their family members. 

Attorney Jessica White helps students, researchers, professionals, and exchange visitors look beyond their current visa and develop a strategy for what comes next.Your education brought you to the United States. Let us help you plan your next step. Schedule a consultation with Attorney White to discuss your immigration and employment options.