Ibrahim Gardner
If you are a citizen of the country in which you are studying, you are not considered an international student. International students are defined as non-immigrant visitors who come to a country temporarily to take classes or take online courses virtually from anywhere in the world. Non-immigrant visas, such as F1 visas, are granted to those with temporary stay in a country with the intent to return abroad after the visa ends. However, some colleges may have broader definitions of what constitutes an international student, so it is important to contact each school or look up their individual websites for more information. Additionally, having dual citizenship can further complicate the matter, as the determining factor may be where you attended high school or if you need a visa.
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What You'll Learn
Student visas
International students on visas must navigate complex immigration systems, which vary by country. In the United States, international students typically enter on F1 visas, which are nonimmigrant visas that grant a temporary stay in the country. While on an F1 visa, students are not permitted to work in the US and must have sufficient financial resources to support themselves throughout their studies.
After completing their degree, some international students may choose to continue their studies in graduate school, while others may seek employment in the US. For those seeking employment, the next step is typically to find an employer who will petition and apply for an H1-B visa on their behalf. The H1-B visa is a nonimmigrant, temporary visa that allows the holder to work in the US for up to three years, with a possible extension for an additional three years. However, obtaining an H1-B visa can be challenging, as there is a cap on the number of visas issued each year, and the process is often subject to a lottery system.
During their time in the US, international students may also explore pathways to permanent residency and citizenship. One option is to apply for a Green Card, which can be obtained through employment-based visas or through marriage to a US citizen. After holding a Green Card for five years, individuals can apply for naturalization, provided they meet other requirements such as being over the age of 18, speaking basic English, and demonstrating good moral character.
In recent years, the process of obtaining a student visa in the US has become even more complex due to increased scrutiny of social media activity. The Trump administration implemented policies to tighten borders and enhance national security, requiring visa applicants to disclose their social media identifiers and expanding social media vetting to all student visa applicants. This has raised concerns among digital rights lawyers and students about unfair profiling and self-censorship.
While the US offers various visa options for international students, the process can be lengthy and subject to changing political dynamics. It is important for prospective international students to stay informed about the latest visa requirements and to carefully navigate the application process to increase their chances of successfully obtaining a student visa.
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Citizenship requirements
Citizenship and International Student Status
An individual's citizenship status is a fundamental factor in determining whether they are considered an international student. In the context of higher education, particularly in the United States, citizenship often dictates the classification of students as domestic or international. Generally, if an individual holds citizenship of the country where they are seeking higher education, they are typically not regarded as an international student. For example, a US citizen applying to colleges in the US would be considered a domestic student, regardless of their residence history or high school background.
Residence and High School Background
While citizenship is the primary determinant, an individual's residence and high school background can also influence their international student status. In some cases, even US citizens residing abroad and attending high school outside the US may still be considered domestic students when applying to US colleges. However, this classification may vary, and certain colleges might classify such students as international due to their foreign residence and educational background. Therefore, it is advisable to contact individual colleges or refer to their websites to understand their specific definitions and criteria for international students.
Dual Citizenship and International Student Status
For individuals with dual citizenship, the determination of international student status can be more complex. In such cases, the passport held by the individual and the country from which they are applying can become relevant factors. For instance, an individual with dual US and German citizenship residing in Germany and applying to US colleges may be advised to apply as an American from abroad, as this could provide certain advantages in the application process. However, the competition for admission from specific countries, as well as the availability of financial aid and scholarships, may also come into play when determining the optimal approach for dual citizens.
Student Visa Requirements
While citizenship is crucial, it is also essential to understand the visa requirements for international students. Non-citizen students seeking to study in a particular country usually need to obtain a student visa. In the US, for instance, nonimmigrant visas such as the F-1 Visa (Academic Student) and M-1 Visa (Vocational Student) are commonly required for international students. These visas are typically necessary for full-time students enrolled in academic or vocational programs, and they come with specific requirements, such as English proficiency and sufficient funds for self-support during the course of study.
In summary, while citizenship is a pivotal factor in determining international student status, other factors, such as residence history, high school background, dual citizenship, and visa requirements, can also come into play. It is important to refer to the specific guidelines of the country and educational institutions in question to understand their definitions and criteria for international students.
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Permanent residency
The definition of an international student varies across universities. However, generally, an international student is a "non-immigrant" visitor who comes to a country temporarily to take classes or take online courses virtually from anywhere in the world. A non-immigrant is someone who meets one or more of the following criteria: intends to stay in the country temporarily, does not have citizenship or legal permanent resident status (a valid "green card"), is currently in the country on a non-immigrant visa status (without a valid green card), or has applied for a visa to be allowed entry into the country.
At Georgia State, applicants are classified as "international" if they meet any of the following criteria: they are in the country on a non-immigrant visa (B-1, H-1, J-1, etc.), they are living outside the country and will require a visa to study in the country, they are in the process of applying for Permanent Residency status but have not yet received the Permanent Residency Card, or they have been educated outside the country.
At Gallaudet University, the term "international student" means an individual who is not a citizen or national of, or lawfully admitted for permanent residence in, the country. The individual does not provide evidence from the country's Citizenship and Immigration Services that they are in the country for purposes other than temporary ones with the intention of becoming a citizen or being lawfully admitted for permanent residence.
At Baylor University, Permanent Residents are those who have obtained their Green Card (Form I-551). They are not considered citizens but have many rights associated with citizens and are not considered international students. They do not need any special visa or authorization from the International Student and Scholar Office to enroll. An individual who has filed the I-485 application to adjust their status from a non-citizen to become a Permanent Resident is considered Pending for Permanent Residency (PR Pending or I-485 Pending). This status gives the individual legal status to remain in the country during this pending period, but they do not have the right to work and may need to maintain their F-1 status.
At Berkeley, international students are defined as "non-immigrant" visitors who come to the United States temporarily to take classes or take online courses virtually from anywhere in the world. Most international students at Berkeley have an F-1 student visa, but other visa statuses may permit study.
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Employment-based visas
International students can take several pathways to transition from student status to permanent residency and eventually citizenship. One of the ways to do this is through employment-based visas. Employment-based visas are immigrant petitions that provide permanent worker status in the US. There are several types of employment-based visas, including temporary work visas (nonimmigrant/NIV) and immigrant/employment-based visas that can lead to a green card.
The most common type of temporary work visa is the H-1B, which is subject to an annual cap of 65,000 visas, with an additional 20,000 for advanced degrees. The H-1B visa is considered "dual intent," meaning holders can have legal immigration plans to obtain a Green Card in the future. The process of obtaining an H-1B visa involves a lottery system, and if selected, the petition still needs to be filed and approved. The employee cannot start work until October 1 of that year.
There are different tiers to an employment-based visa (EB1/2/3) that determine one's preference category. EB visas generally require the employer to prove they cannot find a US worker for the job they are sponsoring the foreign worker for. There is a limit on the number of green cards issued each year, and there are more applicants than available green cards, resulting in long wait times. The wait time for EB-2 and EB-3 green cards is typically around 3-4 years, but this can vary depending on the country and category.
The overall numerical limit for permanent employment-based immigration is 140,000 per year, including the immigrants' eligible spouses and minor children. This number is divided among five preference categories, each with its own numerical cap. Lawful permanent residency allows a foreign national to work and live permanently in the United States and apply for nearly all jobs. Immigrants who acquire lawful permanent resident (LPR) status through employment may apply for US citizenship after five years, provided they meet other requirements such as being 18 or older, speaking basic English, and having good moral character.
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Dual citizenship
Individuals with dual citizenship have legal rights and obligations in both countries. For example, US citizens are obligated to comply with US tax laws, and when travelling to the US with dual citizenship, a US passport must be used to enter and exit the country. Additionally, in the US, only citizens are allowed to vote in federal elections, so dual citizens can vote as long as they fulfil any other requirements such as residency and age.
When it comes to education, dual citizenship can impact how an individual is classified by educational institutions. For instance, at MIT, students with non-US dual citizenship can select their preferred country during the application process, as their application will be listed as international. However, for US colleges and universities, it is generally considered easier to apply as an American citizen, as getting into colleges as an international student is often more difficult.
Furthermore, individuals with dual citizenship should be aware of potential legal issues and complexities, especially when travelling. Some countries may impose restrictions or requirements on departing citizens, such as needing an exit visa. It is important to research the dual nationality laws of the countries in question before travelling, as some countries may not permit dual citizenship or may require renunciation of one citizenship.
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Frequently asked questions
An international student is anyone who is not a citizen or permanent resident of the country in which they are studying.
It depends on where you went to high school. If you went to high school in the country of your other citizenship, you are considered an international student in the country of your second citizenship.
No, having a US passport does not have a dramatic effect on the application side. However, it is still easier to get into colleges in the US as an American citizen than as an international student.
F visas are for academic students and M visas are for vocational students. F-1 students may not work off-campus during the first academic year, but may accept on-campus employment.
There is no direct path to US citizenship for international students. However, one way to gain citizenship is to first obtain a Green Card, which can be done through an H1-B visa.
