International Students: Path To Us Citizenship

International students who wish to become US citizens typically need to first obtain a green card, which confers permanent residency. One way to do this is by obtaining an F-1 student visa, which allows foreign nationals to study as full-time students in the US. After graduating, students can apply for Optional Practical Training (OPT), which provides an additional 12 months (or 24 months for STEM graduates) to remain in the US. After this, students can transition to an H-1B visa, which is a non-immigrant visa for temporary employment in specialty jobs requiring a bachelor's degree. An employer must petition and apply for this visa on the student's behalf. After the maximum period of six years on an H-1B visa, an employer can apply for a green card through an H-1B visa petition. Once permanent residency is obtained, an individual can begin the process of applying for US citizenship, which includes demonstrating English proficiency and taking a citizenship test.

F-1 student visas

The F-1 visa is a non-immigrant visa that allows international students to temporarily live and study in the US as full-time students. The visa is valid for one year and can be issued up to 365 days before the start of the course. To be eligible for an F-1 visa, students must be enrolled in an academic program that culminates in a degree, diploma, or certificate at a school approved by the US government to accept foreign students. Students must also demonstrate English proficiency and have sufficient funds to support themselves during their studies.

After completing their studies, F-1 students have several options to extend their stay in the US. One option is to apply for Optional Practical Training (OPT), which provides an additional 12 months in the US and can be extended by 24 months for STEM degree holders. During this time, students can work towards obtaining a visa that allows them to stay in the country permanently.

One common path is to transition from F-1 to H-1B status. The H-1B visa is a non-immigrant visa that allows temporary employment in specialty jobs requiring a bachelor's degree. To obtain an H-1B visa, students must find an employer willing to petition and apply for the visa on their behalf. The H-1B visa is valid for three years and can be extended for an additional three years. However, it is subject to an annual cap of 65,000 visas, with an additional 20,000 for advanced degrees, and selection is made through a lottery system.

Towards the end of the maximum six years on an H-1B visa, the employer can apply for a green card through an H-1B visa petition. Obtaining a green card, or lawful permanent resident status, is a crucial step towards US citizenship. There are several ways to obtain a green card, including through family sponsorship, the diversity visa lottery, and self-petitioning as a person with extraordinary abilities.

While there is no direct path from an F-1 student visa to US citizenship, it is possible for international students to eventually become US citizens by carefully navigating the various visa options and, ultimately, obtaining a green card. The process is complex and challenging, but with perseverance and a clear understanding of the requirements, international students can increase their chances of successfully obtaining US citizenship.

H1-B visas

International students in the US who want to stay and work in the country after graduation have several options. One of the most common ways to do this is by obtaining an H1-B visa, which is a non-immigrant visa that allows individuals to work in the US for a sponsoring employer. This visa type is designed for workers in specialty occupations that require higher education or technical expertise, such as science, medicine, engineering, and mathematics.

It is important to note that the H1-B visa is not a direct path to US citizenship. However, it can be a stepping stone towards that goal. Towards the end of the six-year period on an H1-B visa, the employer can apply for a green card through an H1-B visa petition on the employee's behalf. Obtaining a green card is a prerequisite to becoming a US citizen.

While the H1-B visa is a popular option for international students, there are other pathways to consider. One alternative is to obtain an EB-1 visa, which is available to individuals with extraordinary abilities in specific fields or outstanding professors and researchers. EB-1 visas can lead to permanent residency and, eventually, citizenship. Another option is to marry a US citizen or lawful permanent resident, which can also put one on the path to citizenship.

Green cards

International students on an F-1 visa in the United States have several options to obtain a green card and transition from nonimmigrant to permanent residency status. Here are some of the ways to achieve this:

Employment-based pathways:

• EB-1 visa: This option is available to individuals with extraordinary abilities in fields such as arts, sciences, education, business, or athletics. It also applies to outstanding professors and researchers. Those who meet the criteria can self-petition or find an employer in their field willing to sponsor them. The EB-1 visa allows individuals to apply for permanent residency and eventually citizenship. However, it is important to note that EB-1 visas have extensive requirements and are difficult to obtain.
• H-1B visa: After completing their degree, F-1 students can pursue Optional Practical Training (OPT) for up to 12 months (24 months for STEM degrees) during or after their studies. Following OPT, students can transition to an H-1B visa, which is a nonimmigrant visa for specialty jobs requiring a bachelor's degree. While on H-1B status, individuals can work towards obtaining a green card through employer sponsorship.
• Dual-intent visas: F-1 visa holders can change their status to a dual-intent visa, such as certain H visas, which allows them to work in the US and later apply for a green card.

• Marriage to a US citizen or lawful permanent resident: International students who marry a US citizen or lawful permanent resident can apply for a spouse visa (IR-1 or CR-1) and eventually adjust their status to obtain a green card. However, USCIS conducts extensive background checks to ensure the legitimacy of the relationship.
• Investment-based pathways:

EB-5 visa: Individuals can invest in a US commercial enterprise, creating or preserving 10 full-time jobs for qualified US workers. The minimum investment amount required to qualify for EB-5 is $800,000, providing a pathway to a green card and permanent residency.

Other options: Although less common, international students can also explore options such as military service, winning the diversity visa lottery, or receiving sponsorship through a parent or child.

It is important to note that the process of obtaining a green card and transitioning from student status to permanent residency can be complex and challenging. Seeking guidance from immigration experts is recommended to navigate the specific requirements and procedures for each pathway.

Naturalization

International students on an F-1 visa are granted a temporary stay in the US and are expected to return to their home country after their visa ends. However, there are pathways to transition from student status to permanent residency and, eventually, citizenship.

Permanent Residency

One way to gain permanent residency is to marry a US citizen or lawful permanent resident. Another option is to enter the military. Alternatively, you can win the diversity visa lottery or receive sponsorship through a parent or child. However, the most common way to gain permanent residency is through employment.

Employment

F-1 students can apply for Optional Practical Training (OPT) during or after the completion of their degree, providing an additional 12 months in the US at each educational level. For those with a STEM degree, a 24-month extension can be granted. While on OPT status, students can work and gain experience in their field of study. After this, the next step is to obtain an H-1B visa. This is a nonimmigrant visa for temporary employment in specialty jobs that require a bachelor's degree. Students cannot apply for this themselves; an employer must petition and apply for the H-1B visa on their behalf.

Green Card

After the maximum period of six years on an H-1B visa, an employer can apply for a green card (permanent residence) through an H-1B visa petition. This is a complex process, and the employer must be willing to sponsor the employee during their green card application.

Once an individual has become a permanent resident, they are on the path to becoming a US citizen. The naturalization process involves a 10-step application to verify eligibility and establish an oath of allegiance to the US. Applicants must take a citizenship test, which includes demonstrating proficiency in the English language and knowledge of US history, government, and the Constitution.

English language proficiency

International students on an F-1 visa are granted temporary stay in the US with the intent to return to their home country after their visa ends. However, it is possible for international students to transition from student status to permanent residency, and eventually, citizenship.

To apply for US citizenship, applicants must demonstrate proficiency in the English language. This can be done through a language test, which assesses the applicant's ability to read, write, speak, and understand English. The USCIS website provides information about the language test, as well as study guides and tools to help prepare for the test. While English proficiency is a requirement for citizenship, there are exceptions based on age, medical condition, or other factors.

International students can begin their path to citizenship by first obtaining an F-1 student visa, which allows them to study as full-time students in the US. After completing their degree, students can apply for Optional Practical Training (OPT), which provides an additional 12 months in the US and is considered a nonimmigrant visa. STEM students can apply for a 24-month extension. During this time, students can gain work experience in their field of study, which can be beneficial for their future career and visa applications.

After the OPT period, students can transition to an H1-B visa, which is a nonimmigrant visa for temporary employment in specialty jobs requiring a bachelor's degree. While on the H1-B visa, students can work towards obtaining a green card, which is a step towards permanent residency. The H1-B visa is typically valid for three years and can be extended for an additional three years. During this time, students should communicate with their employer about their willingness to sponsor their green card application. Obtaining a green card can be challenging, as it involves meeting eligibility requirements and often requires employer sponsorship.

Once permanent residency is obtained, individuals are on the path to becoming US citizens. The process of obtaining citizenship involves a 10-step naturalization process to verify eligibility and establish an oath of allegiance to the US. Applicants must also take a US citizenship test, which assesses their knowledge of US history, government, and the Constitution. While the process is complex, organizations like ISO offer support and resources to help international students navigate their journey towards US citizenship.

Frequently asked questions