International Students: Path To Us Permanent Residency

International students who wish to become permanent residents of the United States (also known as obtaining a Green Card) have several pathways to do so. One way is through employment, which requires an in-depth review of the individual's immigration history, academic credentials, and professional experience. Another way is through marriage to a U.S. citizen or lawful permanent resident, which allows the individual to adjust their status and obtain a Green Card. Additionally, international students may be eligible for an EB-1 visa if they possess extraordinary abilities in certain fields, which can lead to permanent residency. It is important to note that the process of obtaining U.S. permanent residency is complex, and each country has an equal allocation of immigrant visas annually.

Student visa pathways

The H-1B visa is a common next step for international students after the OPT period. This is a temporary work visa for highly skilled immigrants, which allows the visa holder to live and work in the US. To obtain this visa, students must have a bachelor's degree and a valid job offer from a US employer willing to sponsor their visa. The employer must file a labour certificate with the US Department of Labor, and if no US worker is available to fill the position, they can file an H-1B visa petition with the USCIS for the international student.

After obtaining an H-1B visa, an international student can apply for a Green Card (PR) through various employment-based visa categories, such as EB-1, EB-2, EB-3, EB-4, and EB-5. EB-1 visas are for individuals with extraordinary abilities, such as professors, researchers, managers, or athletes. EB-2 visas are for individuals with advanced degrees or exceptional abilities in specialized fields. EB-3 visas are for skilled professionals who do not fall into the EB-1 or EB-2 categories, and EB-4 visas are for special immigrants, including religious workers, journalists, and medical professionals. The EB-5 visa is for immigrant investors who invest at least USD 1,050,000 in a US business, creating at least ten jobs.

While the process of gaining PR in the USA as an international student can be challenging, with careful planning and perseverance, it is possible to navigate the complex visa categories and sponsorship requirements to achieve the dream of permanent residency.

Employment-based visas

International students can pursue various pathways to obtain permanent residency in the US through employment-based visas. Here is an overview of the process and some common visa categories:

Process for Employment-Based Visas:

The process typically involves the following steps:

• Employer Petition: Employers seeking to hire foreign workers must petition the US Citizenship and Immigration Services (USCIS) on behalf of the prospective employee.
• Approval and Visa Availability: Once the petition is approved by USCIS, a visa number must be available for the individual to apply for an immigrant visa. The availability of visa numbers is subject to annual quotas and preference categories.
• Adjustment of Status: If the individual is already in the US on a temporary visa, they may apply for an "adjustment of status" to permanent residence upon the approval of the employer's petition.
• Immigrant Visa Application: If the individual is outside the US or chooses to apply from a US embassy or consulate, they must file an immigrant visa application, processed by a US consular officer.
• Biometrics and Interview: The process typically includes a biometrics appointment and an interview with a Consulate Officer.
• Eligibility and Criteria: Each visa category has specific eligibility requirements, including education, expertise, job skills, and work experience.

Common Employment-Based Visa Categories:

• EB-5 Immigrant Investor Program: This visa is for individuals who invest a significant amount (typically $900,000 to $1,800,000) in a new commercial enterprise that creates at least 10 full-time jobs for US workers. Investors and their families become eligible for green cards.
• EB-4 Special Category Visa: This visa is for certain religious workers, employees of US foreign service posts, retired employees of international organizations, and non-citizen minors under specific conditions.
• R-Visa: Issued to non-immigrant religious workers who are members of a religious denomination with official non-profit status in the US.
• O-1 Visa: Granted to individuals with extraordinary abilities in fields such as science, arts, education, business, or athletics, and their accompanying personnel.
• H-1B Visa: A common visa for skilled workers sponsored by their employers. Many students secure jobs after graduation and are sponsored by their employers for this visa.
• Exchange Visitor Visa (J-1): Used for exchange visitors, including students, professors, researchers, and short-term scholars. This visa promotes cultural exchange and has specific eligibility criteria.

It is important to note that the availability of visas and the specific requirements may change, and it is always advisable to refer to the official websites and guidelines for the most up-to-date information.

Family sponsorship

International students can apply for permanent residency in the USA through multiple pathways, including family sponsorship. Family-based immigration is one of the most common ways to obtain a Green Card, which confers permanent residency.

Immediate relatives of US citizens, such as spouses, unmarried children under 21, and parents, are exempt from numerical quotas and can apply directly without waiting for a visa number. Other family members, such as siblings of US citizens and spouses or unmarried children of Green Card holders, fall under family preference categories and may face longer wait times.

To apply for a Green Card through family sponsorship, a candidate's relative must file a petition with the U.S. Citizenship and Immigration Services (USCIS). Once the petition is approved by the USCIS, the candidate can file Form I-485, which is the permanent resident visa application form. The process is then followed by a biometrics appointment and interview with a Consulate Officer.

The average processing time for family-sponsored PR applications can range from a few months to several years, depending on various factors.

Asylum and refugee status

Asylum

Asylum applicants must file a Form I-589, Application for Asylum and for Withholding of Removal, within 1 year of arriving in the US. There is no fee for this application. Applicants must bring an interpreter to their asylum interview if they do not speak English fluently. The interpreter must be at least 18 years old and fluent in English and another language spoken by the applicant. Applicants should also bring their family members to the interview. If granted asylum, family members included on the application will also be granted asylum status unless they are barred from asylum.

If you are granted asylum, you may petition to bring your spouse and unmarried children under 21 to the US by filing a Form I-730, Refugee/Asylee Relative Petition. This must be filed within 2 years of being granted asylum unless there are humanitarian reasons to excuse this deadline. There is no fee for this petition.

As an asylee, you will be eligible for a Green Card after 1 year. To apply, file a Form I-485, Application to Register Permanent Residence or to Adjust Status.

Refugee

To be considered for refugee status, you must receive a referral to the US Refugee Admissions Program (USRAP). Priority is given to certain individuals and groups, including Priority-1 Individual Cases, Priority-2 Groups of Special Humanitarian Concern, and Priority-3 Family Reunification. If you receive a referral, you will be interviewed abroad by a USCIS officer who will determine your eligibility for refugee resettlement. If approved, you will receive a medical exam, a cultural orientation, help with travel plans, and a loan for your travel to the US.

If you are a refugee in the US and want your family members to join you, you may file a Form I-730, Refugee/Asylee Relative Petition, for your spouse and unmarried children under 21. This must be filed within 2 years of your arrival in the US unless there are humanitarian reasons to excuse this deadline. There is no fee to apply for refugee status.

Green Card lottery

International students can pursue permanent residency in the USA through a few different pathways. One way is to apply for a Green Card, also known as a Diversity Immigrant Visa, through the Diversity Visa Lottery. This lottery is a government-run program that provides about 50,000 green cards annually to people worldwide. It is one of the simplest ways to gain a Green Card, but eligibility requirements are strict.

To be eligible to enter the Diversity Visa Lottery, you must meet specific requirements. Firstly, you must be from a country with historically low immigration rates as identified each year by the United States Citizenship and Immigration Services (USCIS). Secondly, you must have adequate education or work experience. In terms of education, you must have a high school education or its equivalent, which is defined as having completed 12 years of formal elementary and secondary education. Regarding work experience, you must have had at least two years of work experience in the past five years that required two years' worth of training or experience to perform.

Once you have determined your eligibility, you can submit your entry online at dvlottery.state.gov. It is important to note that you are limited to one entry per registration period, and paper entries are not accepted. It is recommended that you submit your application before the week prior to the deadline, and incomplete applications will not be accepted. Additionally, individuals who submit an application more than once will be disqualified from the lottery.

After entering the lottery, you can check online to see if you have been selected. If you are selected, you can then find out the next steps to apply for an immigrant visa. It is important to note that the Diversity Visa Lottery is separate from the process of applying for a Green Card through the USCIS, which may involve additional steps such as a biometrics appointment and an interview with a Consulate Officer.

Another pathway to obtaining a Green Card as an international student is through family or employment sponsorship. You can apply for a Green Card with USCIS or a visa application with the US Department of State once your immigrant petition has been approved. If you are sponsored by a company or family member in the USA, you can directly apply for Form I-485, which is the permanent resident visa application form.

Frequently asked questions