International Students: A Green Card Application Guide

International students in the United States are often enrolled on an F1 visa, which is a single-intent visa that does not provide a direct path to a green card. However, there are several options for international students to gain lawful permanent resident status and apply for a green card. One way is to change from an F1 visa to a dual-intent visa, which allows for temporary presence in the US with the intention to stay permanently, and from there, students can find an employer to sponsor them for an employment-based green card.

F1 Visa to Green Card

International students with an F1 Visa can apply for a Green Card through various pathways and become permanent residents after they complete their studies in the US.

One way to obtain a Green Card is by marrying a US citizen or a lawful permanent resident. The marriage must be genuine, and the applicant must demonstrate evidence that they did not get married solely to obtain the Green Card. The applicant must submit a Petition for Alien Relative (Form I-130), which is a family sponsorship form signed by the US citizen or lawful permanent resident sponsoring their spouse. Once the petition is accepted, the applicant can submit the Green Card application by filling out Form I-485, along with supporting documents such as birth certificates, marriage certificates, and passport photos. It is important to note that the US government may view applying for a marriage-based green card soon after entering on an F-1 visa as evidence of immigration fraud, so it is crucial to prove that the relationship is real and that plans changed.

Another pathway to obtaining a Green Card is through employment. F1 Visa holders can change their status to a Dual-Intent Visa, which allows them to work in the US for about 12 months and provides an opportunity to apply for a Green Card. The employer can sponsor the F1 Visa holder to obtain an H-1B visa, which can then lead to applying for a Green Card.

F1 Visa holders can also transition to an employment-based visa, such as the Third Preference Visa (EB-3), if they are professionals, skilled workers, or meet other requirements. They can then move from this visa to a Green Card by submitting supporting documents, including labour certification and work experience.

Additionally, F1 Visa holders with exceptional abilities or achievements can apply for the EB-1 visa, also known as the Persons with Extraordinary Abilities Green Card. This visa has extensive requirements, including national or international awards, publications in major media, or significant contributions to their field.

For those with the financial means, investing in the US economy is another pathway to a Green Card. By investing between $500,000 and $1,000,000 in a US commercial enterprise that creates more than ten permanent jobs, individuals can obtain the EB-5 investor Green Card.

It is important to note that overstaying an F1 Visa can have serious consequences, including being barred from re-entering the United States for several years. Additionally, the process of obtaining a Green Card may vary, and individuals should consult official sources and seek legal advice for the most accurate and up-to-date information.

Dual Intent Visa

International students on an F-1 visa can apply for a Green Card through various routes. One of the most common ways is to marry a US citizen or lawful permanent resident. The marriage must be genuine, and the applicant must prove that they did not get married solely to obtain a Green Card. USCIS conducts extensive background checks to ensure the validity of the relationship.

Another route to obtaining a Green Card is by investing in the US economy. This route is only available to those who can afford to invest between $500,000 and $1 million in a US commercial enterprise that creates more than ten permanent jobs. Successful applicants will receive an EB-5 investor Green Card.

International students can also obtain a Green Card by adjusting their status from an F-1 visa to a dual-intent visa. A dual-intent visa is a nonimmigrant work visa that allows the holder to be temporarily present in the US with the intention of possibly immigrating permanently. This type of visa provides a path to a Green Card, which can be achieved through a US employer's sponsorship. The employer must petition for the applicant to the US Citizenship and Immigration Services (USCIS) and obtain approval. The H-1B, L-1, and O-1 employment visas are pure dual-intent visas that offer a clear route to a Green Card.

It is important to note that attempting to adjust status to permanent resident with other nonimmigrant visas can potentially trigger long-term immigration problems. Most nonimmigrant visas require the visitor to demonstrate nonimmigrant intent, meaning they must prove they have a residence abroad that they do not intend to abandon and that they do not intend to immigrate permanently to the United States. However, the doctrine of dual intent allows a nonimmigrant to obtain or maintain a particular nonimmigrant status while simultaneously taking steps towards obtaining US permanent residence.

EB-5 Investor Visa

International students can apply for a Green Card through various routes. One such route is the EB-5 investor visa, which is a Green Card for wealthy investors. The EB-5 visa is a method for foreign nationals to obtain a Green Card by investing in a "new commercial enterprise" in the United States. The EB-5 program was created by Congress in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors.

To obtain the EB-5 visa, individuals must invest in a new commercial enterprise that was established after November 29, 1990, or on or before this date, if the business is restructured or expanded through the investment, resulting in at least a 40% increase in net worth or the number of employees. The investment must be made in a for-profit enterprise that creates or retains a specified number of jobs. The standard minimum investment amount is $1.8 million, although this can be reduced to $800,000 if the investment is made in a qualifying infrastructure project or Targeted Employment Area (TEA).

Investors who make a TEA investment or an infrastructure investment for the $800,000 minimum qualify for EB-5 "set-aside" visas, which are broken down into three categories: infrastructure projects, projects in high-unemployment areas, and projects in rural areas. Applicants can choose to invest directly or through a "larger investor pool via regional centers (RCs)", which are federally approved investment issuers. Regional centers are usually private, for-profit businesses approved by the U.S. Department of Homeland Security.

As of April 2023, there were 640 USCIS-approved regional centers, and as of March 2023, the majority of EB-5 visas were granted through regional centers. By 2015, the EB-5 program had become an important source of capital for developers and regional centers. If an EB-5 investment is made in a regional center, the jobs may be created indirectly through economic activity, rather than through direct investment.

The EB-5 visa allows foreign nationals and their spouses and unmarried children under 21 to obtain a U.S. visa based on a minimum investment in a for-profit enterprise that creates or retains at least 10 jobs for U.S. workers, excluding the investor and their immediate family. If the foreign national investor's petition is approved, the investor and their dependents are granted conditional permanent residence, valid for two years. Within 90 days before this expires, the investor must submit evidence documenting that the full investment has been made and that 10 jobs have been maintained or will be created.

Marrying a US Citizen

International students on an F-1 visa can apply for a Green Card in several ways. One way is to marry a US citizen. However, this does not guarantee a Green Card or permanent stay in the US.

Firstly, the marriage must be genuine and not solely for the purpose of obtaining a Green Card. The US Citizen and Immigration Services (USCIS) will conduct extensive background checks to ensure the relationship is valid. They will also apply the 90-day rule to check whether the applicant's original intention was to study in the US or to gain permanent residency. If the latter, the applicant may be guilty of immigration fraud, which can result in removal from the country and a bar on re-entry.

If the marriage is deemed valid, the US citizen spouse must file a Petition for Alien Relative (Form I-130) with the USCIS. This is a family sponsorship form that must be filled out and signed by the US citizen sponsoring their spouse. Once the petition is accepted, the Green Card applicant can submit the Green Card application (Form I-485). The applicant must also prove that they have married their spouse "in good faith".

If the couple gets divorced during the two-year conditional period, the foreign spouse loses their status and must return to their home country. If the couple stays married, the foreign spouse can adjust their status.

OPT and CPT

OPT

Optional Practical Training (OPT) is a program in the US that allows international students on F-1 visas to work in their field of study for up to 12 months after completing their degree. There are two types of OPT: pre-completion OPT and post-completion OPT.

To qualify for pre-completion OPT, you must be in valid F-1 status, be enrolled in a Student and Exchange Visitor Information System (SEVIS)-approved school, and have completed at least one academic year of full-time study. During the academic year, you can work part-time (up to 20 hours per week) while school is in session and full-time during breaks or vacations.

Post-completion OPT is a work authorization benefit available to F-1 international students in the United States after they complete their degree program. Its primary purpose is to provide recent graduates with practical work experience in their field, helping them apply their academic knowledge in a professional setting and facilitating their transition to skilled career opportunities.

If you have earned a degree in certain Science, Technology, Engineering, and Mathematics (STEM) fields, you may apply for a 24-month extension of your post-completion OPT employment authorization.

To apply for OPT, you must request that your designated school official (DSO) at your academic institution recommend the OPT. Your DSO will make the recommendation by endorsing your Form I-20, Certification of Eligibility for Nonimmigrant Student Status, and making the appropriate notation in the Student and Exchange Visitor Information System (SEVIS). You will then need to file Form I-765, Application for Employment Authorization, with the required fee and supporting documentation. Once approved, you will receive an Employment Authorization Document (EAD) card, which you need to start working.

Applying for a Green Card on OPT

International students who satisfy the eligibility requirements may be able to apply for a Green Card while on OPT. To apply for a Green Card, you will need to file Form I-485, Application to Register Permanent Residence or Adjust Status, and pay the required governmental fees. As part of the process, you will attend a Green Card interview at a U.S. Citizenship and Immigration Service (USCIS) office, where you will typically be informed if your application has been approved.

If your OPT status will expire before your Green Card is approved, you should obtain a different U.S. visa status or adjust your status to another type of visa, such as a U.S. Work Visa. You can apply for an Employment-Based Green Card, in which case you will need to secure employer sponsorship, or a Family-Sponsored Green Card, which requires proof of family relationship and other documents.

CPT

Curricular Practical Training (CPT) is a type of work authorization available to F-1 students enrolled at a Student and Exchange Visitor Program (SEVP)-certified college, university, or other qualifying institution. CPT can be authorized by a designated school official (DSO) on a part-time or full-time basis, provided that the training is an integral part of the established curriculum.

To qualify for CPT, students must have been lawfully enrolled on a full-time basis for at least one full academic year and must have secured a training position. CPT authorization is only required when the training takes place inside the United States.

To obtain CPT authorization, students must work with their DSO to complete the necessary paperwork, including Form I-20, which reflects the CPT authorization. Students are expected to maintain their full-course load even when CPT is authorized during the academic year.

Frequently asked questions