Douglas Olsen
International students who wish to become US citizens typically need to first obtain a student visa, commonly known as an F or M visa. The F-1 visa is for academic students and allows them to study full-time at accredited schools, while the M-1 visa is for vocational or other non-academic programs. After graduating, international students can apply for Optional Practical Training (OPT), which provides an additional 12 months in the US and is considered a nonimmigrant visa. To transition from student status to permanent residency, individuals can explore employment-based sponsorship or family-based petitions, obtaining a Green Card, and eventually applying for US citizenship, which has its own set of requirements and tests.
| Characteristics | Values |
|---|---|
| Visa type | F-1, H1-B, EB-2, EB-3, L1 |
| Visa duration | 2-4 years for H1-B, 3 years for F-1 (masters), 5 years for F-1 (bachelors) |
| Visa extension | H1-B can be extended up to 8 years, F-1 can be extended by 1 year for non-STEM degrees and 2 years for STEM degrees |
| Visa fee | $1200 for H1-B |
| Visa cap | 65,000 H1-B visas per year, with an additional 20,000 for advanced degrees |
| Visa application timing | H1-B applications open in October for the next calendar year |
| Visa requirements | Bachelor's degree for H1-B, master's degree preferred |
| Green card requirements | Permanent job offer, employment-based sponsorship, family sponsorship, or self-sponsorship for "experts" or those with "extraordinary abilities" |
| Citizenship requirements | Proficiency in English, knowledge of US history, form of government, and the Constitution, oath of allegiance, US citizenship test |
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What You'll Learn
Understanding F-1 student visas
The F-1 visa is a nonimmigrant visa, meaning it is granted to international students with the intention of returning to their home country after their visa ends. To be eligible for an F-1 visa, students must be enrolled in an academic educational program, a language-training program, or a vocational program at an accredited school. This includes colleges, universities, high schools, elementary schools, seminaries, and language training programs. The school must be approved by the Student and Exchange Visitors Program, and students must be enrolled full-time. Additionally, students must be proficient in English or be enrolled in courses to become proficient, have sufficient funds to support themselves during their studies, and maintain a residence abroad.
F-1 visa holders are allowed to work under certain conditions. After the first academic year, F-1 students may engage in three types of off-campus employment, provided it is related to their area of study and authorized by the Designated School Official and USCIS. F-1 students may also be eligible for Optional Practical Training (OPT), which provides an additional 12 months in the US at each educational level. STEM students can apply for a 24-month extension. While OPT is considered a nonimmigrant visa, it allows students to continue working in the US.
After completing their studies and any authorized practical training, F-1 students have 60 days to leave the US. However, they may choose to extend their stay by transferring to another school, changing their education level, or applying to change to another visa status. Some F-1 students may transition to an H1-B visa, which is a nonimmigrant visa for temporary employment in specialty jobs requiring a bachelor's degree. To obtain an H1-B visa, students must find an employer willing to petition and apply for the visa on their behalf.
While there is no direct path from an F-1 visa to US citizenship, F-1 visa holders can explore options to adjust their status and apply for a Green Card. This includes employment-based sponsorship, where an employer sponsors a full-time, permanent position, or family sponsorship by marrying a US citizen or Green Card holder. Changing immigration status from an F-1 visa to a Green Card can be challenging, and students are advised to work with an immigration attorney to guide the process.
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H1-B visas and green cards
International students in the US typically enter the country on an F-1 visa, which is a non-immigrant visa that allows foreign nationals to study full-time at accredited schools. While F-1 visa holders can apply for Optional Practical Training (OPT) to stay in the US for an additional 12 months (or 24 months for STEM degrees), this is still considered a non-immigrant visa.
One way for international students to transition from F-1 to permanent residency is through an H1-B visa, which is a non-immigrant, temporary visa that allows foreign nationals to work in specialty jobs requiring a bachelor's degree. H1-B visas are considered "dual intent", meaning holders can have legal immigration plans to obtain a Green Card once they reach the maximum stay of six years.
The Green Card, officially called a Permanent Resident Card, is essential for those aiming to become a naturalised American citizen. It serves as proof of permanent residence, allowing the holder to work and live in the US indefinitely, without requiring additional work authorisation.
To transition from an H1-B visa to a Green Card, the following steps must be taken:
- Ensure that you have already begun the Green Card application process before your H1-B visa expires after six years.
- Communicate with your employer about their willingness to apply for a Green Card through an H1-B visa petition on your behalf. This includes submitting supporting documentation to the US Citizenship and Immigration Services (USCIS), such as proof of your qualifications and the job offer.
- Your employer must file a PERM Labour Certification with the Department of Labor (DOL) to receive approval for the prevailing wage determination.
- The employer provides information on the job, including duties, requirements, and location.
- In response, the DOL will issue a prevailing wage determination.
- The employer must then file a Green Card petition, including an Application for Employment Certification and an Immigrant Petition for Alien Worker (Form I-140).
- Once USCIS receives the I-140, your priority date is set. You must wait until this date arrives before applying for Adjustment of Status.
- Apply for Adjustment of Status by completing Form I-485, Application to Register Permanent Residence or Adjust Status.
- If you are a derivative applicant (a spouse or child), you must submit additional documentation showing your relationship to the principal applicant.
- After approval of your Form I-485, you may become eligible to apply for US citizenship once you have held a Green Card for five years.
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Employment-based sponsorship
International students in the U.S. on an F1 visa are allowed to work, but only under certain conditions and in accordance with complex guidelines and restrictions issued by the United States Citizenship and Immigration Service (USCIS). Generally, all employment must be within the scope of the organization's sponsorship and within the student's field of study. The student must also have been in valid F1 status for at least one full academic year and be in good academic standing. If these requirements are met, international students can apply for an Employment Authorization Document (EAD) from the USCIS. This process can take up to 3 months.
On-campus employment is the most freely available option and does not require USCIS approval. However, on-campus employment opportunities are often limited. There are also several off-campus employment options for F1 visa holders:
- Curricular Practical Training (CPT): This is an off-campus employment option when the practical training is an integral part of the established curriculum or academic program. To qualify, the work experience must be required for the degree, or academic credit must be awarded. Prior authorization by the school's International Student Office and notification to the USCIS are required. CPT employment can be paid, and a job offer letter is required.
- Optional Practical Training (OPT): OPT is authorized by the USCIS based on a recommendation from a designated school official (DSO). Students are eligible for 12 months of OPT for each degree level, and an additional 24 months for STEM degrees. OPT applications are processed through the International Students and Scholars Office, and there is an application fee. OPT does not require a job offer letter, and there is little paperwork for employers.
After completing their education, international students on an F1 visa can transition to a green card through employment-based sponsorship. If an employer is willing to sponsor the student, there are two main visa categories to consider: EB-2 and EB-3. The employer must submit supporting documentation to the USCIS, including proof of the employee's qualifications and the job offer. The employer must also file a petition and offer a full-time, permanent position.
It is important to note that most work visas require employer sponsorship. While some employers are unable to provide sponsorship due to the associated fees and paperwork, many are open to sponsoring international applicants. International students should research visa options and be transparent about their long-term career goals and sponsorship needs when applying for jobs in the U.S.
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Marriage-based green cards
International students on an F-1 visa in the US who marry a US citizen or permanent resident can apply for a Marriage-based Green Card. This is a valid pathway to permanent residency, but only if the relationship is genuine and follows immigration law.
Firstly, it is important to understand the difference between a nonimmigrant and immigrant visa. F-1 visas are nonimmigrant visas, meaning the holder is granted a temporary stay in the US with the intention to return to their home country after the visa ends. Marriage-based Green Cards, on the other hand, provide permanent residency status in the US.
To apply for a Marriage-based Green Card, the international student must be present in the US and have been "inspected and admitted" or "inspected and paroled" by an immigration officer. They must also submit supporting documentation, including fees, a marriage certificate, evidence of the termination of any previous marriages, birth certificates, photographs, and other USCIS forms.
The process typically includes an interview with a USCIS officer, who will speak with both the student and their spouse to ascertain that the marriage is bona fide and not undertaken solely for the purpose of obtaining a Green Card. The officer may ask questions about the relationship to determine if the couple intends to spend their lives together.
It is important to note that the timing of the marriage and application process is critical. If an international student on an F-1 visa applies for a Green Card within 90 days of entering the US, USCIS may assume that the student misrepresented their intent when applying for the visa. This can complicate the case and may result in the assumption of immigration fraud.
Therefore, while Marriage-based Green Cards are a valid pathway for international students to obtain permanent residency in the US, it is a process that requires careful consideration, adherence to timing and documentation requirements, and the ability to demonstrate a genuine relationship with a US citizen or permanent resident spouse.
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Naturalization and the citizenship test
International students in the US on an F-1 visa are granted a temporary stay in the country with the intent to return home after their visa ends. However, there are pathways to transition from student status to permanent residency and eventually US citizenship. One way to do this is through the "10-step naturalization process", which involves verifying eligibility and taking an oath of allegiance to the US. A crucial part of this process is the US citizenship test, also known as the naturalization test.
The naturalization test is comprised of two components: an English test and a civics test. The English test assesses the applicant's ability to read, write, and speak basic English. During the test, applicants must read aloud one out of three sentences correctly and write one out of three sentences correctly. The content of the English test focuses on civics and history topics.
The civics test is an oral examination where a USCIS officer asks up to 10 questions from a list of 100 civics test questions. Applicants must answer at least 6 questions correctly to pass. The civics test covers important topics about American government and history. It is worth noting that applicants aged 65 or older who have lived in the US as lawful permanent residents for 20 or more years may be exempt from taking the full test and can instead focus on 20 specific questions. Additionally, they have the option to take the naturalization test in their preferred language.
To prepare for the naturalization test, applicants can take advantage of the free study materials and resources provided by USCIS, such as the Reading Test Vocabulary List, the Writing Test Vocabulary List, interactive practice tests, study booklets, and videos. These resources can help applicants enhance their knowledge of English, civics, and history, increasing their chances of passing the test and progressing towards US citizenship.
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Frequently asked questions
The first step is to obtain a student visa, which is classified as non-immigrant status. The F-1 visa is a common non-immigrant student visa that allows international students to study full-time at accredited schools in the US.
After graduating, international students can apply for Optional Practical Training (OPT) to get an additional 12 months in the US, with a 24-month extension period for STEM degree holders. While on OPT status, students can work and gain experience in their field of study.
One way is to find employment with a US-based company that is willing to sponsor your H1-B visa. The H1-B visa is a non-immigrant visa for temporary employment but is considered a pathway towards securing permanent residency. After the H1-B visa expires, you can apply for a green card, which is required for permanent residency.
Yes, there are alternative pathways to US citizenship. Marriage to a US citizen or green card holder may make you eligible for a green card through family sponsorship. Additionally, if you become recognised as an "expert" or possess "extraordinary abilities" in a specific field, you may be able to self-sponsor a green card.
