Student Visas To H-1B Visas: Rules, Options, and Guidance

International students studying at U.S. universities often want to work during their programs or remain in the U.S. after graduation. While immigration rules can feel complex, there are multiple pathways for transitioning from a student visa to work authorization.

Most students begin with Optional Practical Training (OPT) or STEM OPT, which let them work in the U.S. in jobs related to what they studied. From there, many transition to longer-term work visas, such as the H-1B typically.

In this guide, we explain how student work authorization works, the options available after graduation, and how to plan your next steps.

Understanding Student Visa Work Permissions

Your ability to work in the U.S. depends on your student visa type, enrollment status, and the kind of work you plan to do. Each student visa comes with specific rules and limitations.

Student Visa Types and Work Permissions

Because of its flexibility, the F-1 visa is by far the most common visa for undergraduate and graduate students and offers the widest range of work options.

Working as an F-1 Student

On-Campus Work

F-1 students are generally allowed to work on campus:

• Up to 20 hours per week while school is in session
• Full-time during scheduled breaks

No additional government authorization is required, but employment must still comply with school and visa rules.

Off-Campus Work

Off-campus employment requires specific authorization and is more limited than on-campus work. Depending on the type of work, students may need approval from their Designated School Official (DSO), USCIS, or both.

Off-Campus Work Authorization Options

Why OPT Is the Most Common Choice

OPT is the most widely used work option for international students. According to the Department of Homeland Security (DHS), more than 500,000 of the approximately 1.5 million international students in the U.S. have received work authorization through OPT.

Students often choose OPT because it offers:

• Broad eligibilityAvailable to most F-1 students, including both STEM and non-STEM majors.
• Flexible timingCan be used before or after graduation, depending on your academic and career plans.
• No job offer required to applyUnlike CPT, you do not need a pre-approved position to request OPT authorization.
• Employer familiarityOPT is widely understood by U.S. employers, making it easier to begin working after graduation.
• A path toward longer-term work visasMany students use OPT as a first step toward options like the H-1B.

Work Authorization Rules and Timing Considerations

Before moving forward with OPT or planning a transition to an H-1B, it is important to understand the work authorization rules that apply while you’re still in F-1 status.

• During academic terms, F-1 students may work up to 20 hours per week
• Full-time work is typically permitted during scheduled breaks
• CPT and OPT are usually part-time during school terms, with limited exceptions
• Never work without authorization or before your EAD start date

Violating work-hour limits or beginning employment before authorization can result in loss of F-1 status and may affect eligibility for future immigration benefits.

USCIS processing times for OPT and STEM OPT can be difficult to predict, so filing as early as possible helps prevent delays or gaps in work authorization.

Transitioning From Student Visas to Work Visas

After gaining experience through OPT or STEM OPT, many students pursue employer sponsorship. For most recent graduates, the H-1B specialty occupation visa is the most common next step. This visa is designed for professional roles that require at least a bachelor’s degree.

While other work visa options—such as the TN or O-1—may be available in specific situations, the H-1B is the most common pathway for international students and is often the natural progression after OPT.

Below is a simplified overview of how most students transition from F-1 to H-1B status.

Step 1: Secure an Employer Sponsor

First, you’ll need a job offer from a U.S. employer willing to sponsor your H-1B visa. Your employer must be prepared to:

• Register you during the H-1B electronic registration period, which takes place in March
• File a full H-1B petition on your behalf if you are selected in the lottery

Employer participation is required at every stage of the H-1B process.

Step 2: H-1B Registration and Lottery Selection

Your employer must create a USCIS online account and submit an electronic registration for you. A registration fee is required.

USCIS conducts a lottery if registrations exceed the annual cap, which includes:

• 65,000 visas for candidates with a bachelor’s degree
• 20,000 additional visas for candidates with a U.S. master’s degree or higher

If your registration is selected, your employer may move forward with filing the full petition.

Step 3: Labor Condition Application (LCA)

Before filing the H-1B petition, your employer must obtain an approved Labor Condition Application (LCA) from the Department of Labor using Form 9035 or 9035E.

Through the LCA, the employer confirms:

• Details about the job role and work location
• That they will pay the higher of the prevailing wage (the minimum wage for similar roles in the area) or the actual wage paid to comparable employees

The LCA must be approved before the H-1B petition can be filed.

Step 4: File the H-1B Petition

Once selected and after the LCA is approved, your employer files the H-1B petition with USCIS using Form I-129. The filing window typically opens in April following the March lottery.

• Standard processing can take 8–10 months
• Premium processing is available for an additional fee and provides a faster response

Step 5: Cap-Gap Protection (If Applicable)

If your OPT or STEM OPT is set to expire before your H-1B takes effect, the “cap gap” can extend your F-1 status once your change-of-status H-1B has been filed. It’s effectively a grace period that allows you to maintain your F-1 visa so you can stay in the U.S. while you wait for processing.

Step 6: Transition to H-1B Status

If your change-of-status petition is approved, your status automatically changes from F-1 to H-1B on the start date listed in your petition, typically October 1.

At that point, you are authorized to continue working for your sponsoring employer under H-1B status.

Some students may qualify for a cap-gap extension when transitioning from OPT or STEM OPT to H-1B status. Because cap-gap rules change frequently, students should work closely with their DSO and immigration counsel to assess eligibility based on their specific situation.

How Ellis Helps

Ellis helps students and HR teams navigate OPT, H-1B sponsorship, and work visa transitions with clear, reliable guidance. Get in touch today.