Changing Status From F-1 Student Visa to H-1B Work Visa

If you are a foreign student in the United States who is interested in getting a temporary visa to work in the U.S. after graduation, an H-1B visa/status is a likely possibility. This article will focus on the steps to take to switch from F-1 to H-1B status without leaving the United States.

The process will be largely in the hands of your future (or possibly present) U.S. employer, especially at the beginning. In particular, your prospective employer will need to submit a petition to U.S. Citizenship and Immigration Services (USCIS) on your behalf asking to change your status to H-1B. Despite this, it is important for you to have a general understanding of how the process works so that you can adequately prepare the supporting documents and effectively communicate with your employer about your and your employer's rights and responsibilities.

Initial Steps: Determining H-1B Eligibility And Submitting The Labor Condition Application

You must first get a job offer in the United States. Then, your employer must determine your eligibility for H-1B status. To be eligible, the position must be a professional one, and the employer must plan to pay you the prevailing wage.

A professional position is one that requires, at minimum, a bachelor's degree in a specific field of study, called a "specialty" in H-1B visa terminology. The prevailing wage is an amount that is determined according to U.S. Department of Labor (DOL) regulations.

If the employer cannot satisfy either of these requirements, it cannot sponsor you for H-1B status. If the employer can satisfy these requirements, it has to submit a Labor Condition Application (LCA) to the Department of Labor (DOL) and comply with LCA posting requirements as set forth by law. The employer cannot move forward with the H-1B petition until the DOL certifies the LCA .

Also see Improving Your Chances of Getting an H-1B Visa.

Registering to Submit an H-1B Petition

Because of high demand for H-1B visas or status, and an annual cap on how many can be allotted for most types of jobs, USCIS has instituted measures for dealing with the flood of incoming applications. In recent years, it has utilized various lottery or pre-registration methods to limit the number of employers submitting H-1B petitions. Assuming your job is subject to this cap, your employer will likely have to register in advance, to make sure that USCIS will even be open to receiving a petition on your behalf, and pay a registration process fee.

Also see How to Find a Cap-Exempt H-1B Job.

Preparing Supporting Documentation for H-1B Petition

The U.S. employer has to submit several supporting documents with the H-1B petition. These include a number of items that you, the F-1 student, will have to provide, specifically:

• copies of your college or university degree and transcript
• copies of all your previously issued I-20 forms
• copy of your Employment Authorization Document (EAD) if you are currently employed through Optional Practical Training (OPT), and
• copies of your I-94 Arrival/Departure Record, passport biographic page, and F-1 visa stamp.

The employer will have to provide the following supporting documents:

• copy of the signed and certified LCA
• a support letter that provides information about the job requirements, duties, and salary (which letter must also state the period of time the employer wishes to sponsor you in H-1B status), and

Preparing Required Forms and Filing Fees to Send USCIS

The employer will need to prepare and submit the following forms to USCIS for the H-1B petition:

• I-129 Petition for Nonimmigrant Worker, requesting a change of status from F-1 student to H-1B worker
• I-129 H Supplement
• I-129 Data Collection Form
• I-907 Request for Premium Processing (required only if the employer wishes to expedite the processing and is willing to pay the premium processing fee).

The employer is required to pay:

• an H-1B petition filing fee ($780 for paper filing or $730 for online filing as of 2026, or $460 for small employers and nonprofits; check the I-129 page of the USCIS website for details or updates)
• the ACWIA fee (required for most private sector employers and determined by the number of employees, either $750 or $1,500)
• the fraud prevention and detection fee ($500)
• an Asylum Program fee ($600, except for businesses with 25 or fewer full-time employees, which will owe $300), and
• a $100,000 supplementary fee per the "Presidential Proclamation on Restriction of Entry of Certain Nonimmigrant Workers" (paid later in the process).

The DOL regulations require the employer to pay virtually all H-1B fees and costs.

If the employer or F-1 student wishes to expedite processing of the H-1B petition, it might be possible for either the employer or employee to pay for premium processing (15 business-day processing) for this. That fee amount is currently $2,805, but will go up to $2,695 on March 1, 2026). One example of when it might be important for you to pay the premium processing fee is when you need the petition approval to travel and get a visa.

Filing the H-1B Petition With USCIS

The employer must submit the nonimmigrant worker petition and supporting documents to the appropriate USCIS Service Center. USCIS's Web page for I-129 petitions indicates the appropriate Service Center for various types of H-1B petitions.

If you have dependents (spouse and children) requiring a change of status to H-4, you will have to make sure to prepare and submit an I-539 Application to Extend/Change Status along with the H-1B petition. Employers filing the I-129 petition alone have the option of submitting it electronically through the USCIS portal. If there are family members submitting a concurrent I-539 application, however, the I-129 and I-539 must be submitted by mail. Coordinate with your employer on how to handle this.