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Will the immigration reform act give right to work for overstayed student visas?

New York, NY |

For someone who came legally , studied in the USA and completed his / her degree in the USA but is a non - resident alien with a F - 1 Visa ( student visa ) there currently only is a year period given to get some work experience in the USA ( OPT ) after which the person can't legally work in the USA anymore . That person paid its taxes , knows English and is well educated . After that , that person has to find an employer that would be ready to sponsor the H - B visa ( 5 year temporary visa ) and pay a few thousands of dollars for that . Will the Immigration reform act lift that one year of right to work for those who overstayed their student visa ( because they want to work in the USA as they studied in the USA ) ?

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Attorney answers 4

Best Answer

At this point, its impossible to say what immigration reform will bring. The emphasis, however, seems to be on family unity. Keeping highly educated individuals like yourself in the U.S. is also going to be a top priority. But again, it's impossible to say right now since no bill has been passed.

Senator Schumer of New York is one of the key players in drafting what will hopefully become comprehensive immigration reform. I suggest you follow his web site.


I am sorry, but so far, there are only drafts. The "reform" might help you, it might not..

Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova , New York Immigration Attorney Blog:


The process is still in its infancy. No one knows what is going to the the final outcome.

Dean P. Murray
The Murray Law Firm
560 Sylvan Avenue
Englewood Cliffs, NJ 07632
T: (201)875-2600
F: (201)549-8700

Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during a face to face attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, and attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on are intended as general information for the education of the public, and not for any specific individual.


A proposed law needs to pass both houses of Congress and be signed into law by the President before it becomes a law. Until that time, it is impossible to advise you whether there is help available for the person you describe.

Heather L. Garvock Attorney Ellis Porter, PLC 2701 Troy Center Dr., 410 Troy, MI 48084 Phone: 248-519-9900 Fax: 248-519-9901 Email: For more information about current issues and developments in immigration law, visit my blog: The information I provide on my blog and Avvo is for informational purposes only and does not constitute legal advice or create an attorney client relationship.

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