If you are currently in the US as a dependent of an F-1 student visa holder, you may be wondering how you can work legally in the country.
Your F-2 visa does not allow you to work or study in the US, but you can change your visa status to H-1B if you meet certain requirements and find a qualified employer who is willing to sponsor you.
The H-1B visa is a nonimmigrant visa that allows foreign workers to perform services in a specialty occupation for a US employer.
A specialty occupation is one that requires at least a bachelor's degree or equivalent in a specific field of study.
Some examples of specialty occupations are accountants, engineers, software developers, architects, and physical therapists.
In this blog post, we will explain the steps and criteria for changing your visa status from F-2 to H-1B in the US.
{tocify} $title={Table of Contents}
Find a suitable job offer from a registered H-1B employer
The first step in changing your visa status from F-2 to H-1B is to find a suitable job offer from an employer who is registered for the H-1B program and who is willing to sponsor you.
You can search for H-1B employers on websites like myvisajobs.com or h1bdata.info.
The job offer must meet the following criteria:
- It must be in a specialty occupation that requires at least a bachelor's degree or equivalent in a specific field of study.
- It must pay at least the prevailing wage for the occupation and location, as determined by the Department of Labor (DOL).
- It must not exceed the annual cap of 65,000 H-1B visas, plus an additional 20,000 for workers with a master's degree or higher from a US institution. However, some employers are exempt from the cap, such as universities, nonprofit research organizations, and government entities.
Have your employer file a Labor Condition Application (LCA) with the DOL
The next step is for your employer to file a Labor Condition Application (LCA) with the DOL.
The LCA is a form that certifies that your employer will comply with the labor and wage standards for hiring an H-1B worker.
The LCA must include information such as:
- The job title, duties, and requirements of the position
- The number of workers and their visa classifications
- The period of employment and the location of work
- The wage offered and the prevailing wage for the occupation and location
- The benefits and working conditions provided to the worker
- The notice given to other workers or their representatives about the LCA
The LCA must be approved by the DOL before your employer can file an H-1B petition for you.
The LCA approval process usually takes about seven days.
Have your employer file an H-1B petition with USCIS
Once your employer has obtained an approved LCA, they can file an H-1B petition for you with the US Citizenship and Immigration Services (USCIS).
The petition must include:
- Form I-129, Petition for a Nonimmigrant Worker
- Form I-129H Supplement, Classification Supplement to Form I-129
- Form I-129H1 Supplement, Data Collection and Filing Fee Exemption Supplement
- A copy of your passport and F-2 visa
- A copy of your spouse's F-1 visa and I-20 form
- A copy of your marriage certificate
- A copy of your diploma and transcripts or other evidence of your educational qualifications
- A copy of your resume and any relevant work experience letters
- A copy of the job offer letter and contract from your employer
- A copy of the approved LCA from the DOL
- A check or money order for $460 as the base filing fee
- A check or money order for $500 as the fraud prevention and detection fee
- A check or money order for $750 or $1500 as the American Competitiveness and Workforce Improvement Act (ACWIA) fee, depending on the size of your employer
- A check or money order for $2000 as the Public Law 111-230 fee, if your employer has more than 50 employees in the US and more than 50% of them are on H-1B or L visas
- A check or money order for $1410 as the premium processing fee, if you want to expedite your petition processing within 15 days
Your employer must file your H-1B petition with USCIS within six months of obtaining the LCA approval.
If your petition is subject to the annual cap, your employer can only file it during the first five business days of April for the fiscal year starting on October 1.
If your petition is cap-exempt, your employer can file it at any time of the year.
Wait for USCIS to process and adjudicate your H-1B petition
After your employer files your H-1B petition with USCIS, you will have to wait for USCIS to process and adjudicate your petition.
The processing time varies depending on the service center, the workload, and the type of processing.
If you opted for premium processing, you should receive a decision within 15 days.
If you opted for regular processing, you should receive a decision within two to six months.
You can check the status of your petition online using the receipt number provided by USCIS.
You can also sign up for email or text alerts on the USCIS website.
If your petition is approved, USCIS will send an approval notice (Form I-797) to your employer.
The approval notice will indicate the validity period of your H-1B status, which is usually three years and can be extended for another three years.
If your petition is denied, USCIS will send a denial notice to your employer.
The denial notice will explain the reasons for the denial and whether you can appeal or file a motion to reopen or reconsider the decision.
Change your visa status from F-2 to H-1B
If your H-1B petition is approved, you can change your visa status from F-2 to H-1B without leaving the US.
You will need to submit the following documents to USCIS:
- Form I-539, Application to Extend/Change Nonimmigrant Status
- A copy of your passport and F-2 visa
- A copy of your spouse's F-1 visa and I-20 form
- A copy of your marriage certificate
- A copy of the approval notice (Form I-797) for your H-1B petition
- A check or money order for $370 as the filing fee
- A check or money order for $85 as the biometric fee
You should file your Form I-539 with USCIS before your F-2 status expires.
You can check the expiration date on your Form I-94, Arrival/Departure Record, which you can access online.
If your Form I-539 is approved, USCIS will send you a new Form I-94 with your new H-1B status and expiration date.
You can start working for your H-1B employer as soon as you receive the approval notice.
If you leave the US after changing your visa status from F-2 to H-1B, you will need to apply for an H-1B visa at a US consulate or embassy abroad before returning to the US.
You will need to present the following documents at the visa interview:
- A valid passport
- A confirmation page of your online DS-160 visa application form
- A visa fee payment receipt
- A photo that meets the visa requirements
- An appointment confirmation letter
- A copy of the approval notice (Form I-797) for your H-1B petition
- A copy of the job offer letter and contract from your employer
- A copy of the approved LCA from the DOL
- A copy of your diploma and transcripts or other evidence of your educational qualifications
- A copy of your resume and any relevant work experience letters
You may also be asked to provide additional documents or information by the consular officer.
You should check the website of the US consulate or embassy where you plan to apply for specific instructions and requirements.
Conclusion
Changing your visa status from F-2 to H-1B in the US is possible if you meet the eligibility criteria and find a qualified employer who is willing to sponsor you.
The process involves several steps and fees, and it may take several months or longer depending on various factors.
You should plan ahead and prepare all the necessary documents and information before applying.
You should also consult an immigration attorney if you have any questions or concerns about your case.