International Students: A Green Card Pathway?

International students often face an uphill battle when it comes to finding jobs and internships in the United States due to visa sponsorship barriers. While a green card does not automatically guarantee a job, it does grant the right to live and work in the US indefinitely without the need for a student visa or Optional Practical Training (OPT). This makes it a highly desirable option for international students, especially those who have graduated from American schools.

F-1 student visa to green card

International students on an F-1 visa can get a Green Card by changing their immigration status. The F-1 visa is a single-intent visa, meaning holders promise to return to their home country once their studies are complete. Therefore, students cannot enter the US on an F-1 visa with the intention of gaining permanent residency. However, there are several routes F-1 visa holders can take to adjust their status and obtain a Green Card.

Marriage

If an F-1 visa holder marries a US citizen or lawful permanent resident, they become eligible to adjust their status and obtain a Green Card. However, they must be aware of the 90-day rule, which is a guideline used by USCIS to determine whether a person has committed immigration fraud. In other words, it means the person entered the US with one intention, in this case, to study, but their real intention was to immigrate. To avoid triggering the 90-day rule, individuals should wait at least 90 days before getting married after entering the US on an F-1 visa. After clearing the 90-day mark, the applicant must still prove to the government that the relationship is legitimate.

Employment

F-1 visa holders can gain work experience in the US through Curriculum Practical Training (CPT) or Optional Practical Training (OPT). CPT occurs when an F-1 student is employed by their educational institution. During this time, the student can attempt to convince the school to sponsor them and have them join the faculty as an associate instructor or in another role. OPT allows students to gain work experience in their area of study. Before starting work through OPT, students must obtain an Employment Authorization Document (EAD) from USCIS. After gaining work experience, students may find an employer who will sponsor them for an employment-based Green Card.

EB-1 Visa

F-1 visa holders can also apply for an EB-1 visa, which is available to people with extraordinary abilities in the arts, sciences, education, business, or athletics. This can be a path to gaining permanent residency and, eventually, citizenship in the US. EB-1 visas are unique because applicants can either self-petition or find a job in their field with an employer willing to sponsor them.

EB-5 Investor Visa

Becoming an investor in the US to obtain immigration benefits is another option for F-1 visa holders. Individuals who invest between $500,000 and $1 million (or more) in a US commercial enterprise that creates more than ten permanent jobs may be eligible for an EB-5 investor Green Card.

EB-1 visa for persons with extraordinary abilities

International students on an F-1 visa are eligible to apply for a green card. However, they must not have entered the US with the intention of gaining lawful permanent residency, as this would be considered immigration fraud. There are several pathways for international students to obtain a green card. One option is to marry a US citizen or lawful permanent resident. Another option is to find an employer who can sponsor them for an employment-based green card.

One type of employment-based green card that international students can pursue is the EB-1 visa, which is available to individuals with extraordinary abilities in the arts, sciences, education, business, or athletics. The EB-1 visa is unique because applicants can either self-petition or find an employer willing to sponsor them. To be eligible for an EB-1 visa, applicants must demonstrate their extraordinary ability through sustained national or international acclaim. This can be proven in a variety of ways, such as receiving major prizes or awards, membership in distinguished associations or organizations, published papers or research in recognized journals or media, participation as a judge in their field, original scholarly research contributions, or authorship of scholarly books or articles.

The EB-1 visa process typically involves the following steps:

• Gather evidence for the I-140 form, including any necessary documents and forms such as the ETA 750 for professional athletes.
• Fill out and sign Form I-140, Petition for Alien Worker, and pay the filing fee of $700.
• Wait for the EB-1 green card processing, which usually takes around 6 months but can be expedited with a Request for Premium Processing Service for a fee of $2,500.
• If eligible, file a Form I-485, Application to Register Permanent Residence or Adjust Status.

It is important to note that the EB-1 visa process can be complex, and it is recommended to consult with an experienced immigration attorney to guide you through the legal and regulatory issues.

Dual-intent visa

International students on an F-1 visa are not allowed to enter the US with the intention of gaining lawful permanent residency. Doing so would be committing immigration fraud, which is grounds for removal from the country and a bar to re-entry.

However, an F-1 visa can be changed to a dual-intent visa, which is a nonimmigrant USA work visa that allows the holder to apply for a green card in the future. The H-1B, L-1, and O-1 employment visas are pure dual-intent visas that provide a clear path to a green card if there is a willing sponsor. The E-2 treaty trader visa is also a dual-intent visa, but it requires waiving certain legal rights provided in the trade agreement, so an immigration attorney should be consulted first.

To obtain a dual-intent visa, an international student can participate in Curriculum Practical Training (CPT) or Optional Practical Training (OPT). CPT occurs when an F-1 student is employed by the educational institution they attend. During this time, the student can attempt to convince the school to sponsor them and allow them to stay as an associate professor. OPT allows students to gain work experience in the US. They may find a qualifying US employer and work for 12 months, after which the employer may opt to sponsor them for an H-1B visa.

Another option to obtain a green card after a student visa is the EB-1 visa for persons with extraordinary abilities. F-1 visa holders generally have the propensity to fit into one of the categories of people that are eligible for an EB-1: outstanding professors and researchers, people with extraordinary abilities in arts, science, business, athletics, or education, and executive managers who have worked at a foreign branch of a US company for the past three years.

Marry a US citizen

International students on an F-1 visa who marry a US citizen can apply for a marriage-based green card. This process can be complicated and requires several steps. Firstly, it is important to note that marriage to a US citizen does not automatically guarantee a permanent stay for an international student. Certain requirements must be met to transition from an F1 visa to a green card.

The first step is to get married and register the marriage with the state or county officials where the wedding took place. Following this, the US citizen spouse must file a petition with the United States Citizenship and Immigration Services (USCIS) to prove their eligibility and readiness to be a sponsor. This is done by filling out Form I-130, which establishes the marital relationship. The international student and their spouse must meet the requirements for a petitioner and beneficiary, respectively.

Once the I-130 form is approved, the international student can file Form I-485, Application for Adjustment of Status, to become a permanent resident. During this process, the student's spouse acts as their sponsor or petitioner, while the student is the beneficiary. The student must also undergo a medical examination as part of the adjustment process to verify that they do not have any communicable diseases, substance abuse disorders, or conditions that would make them dependent on the government.

It is important to note that the timing of filing for status adjustment is crucial. Applying too early after entering the US can raise suspicions about the student's intentions, while filing when out of status can also affect their approval chances. Additionally, marriage to a US citizen can make it difficult to prove ties to one's home country, which is a requirement for maintaining an F-1 visa. As such, re-entry into the US on a student visa after marrying a US citizen may be denied.

The entire immigration process can take up to 2.5 years, and the student must maintain valid immigration status during this time. Visa numbers are automatically available for spouses of US citizens, but spouses of green card holders must wait. It is also worth mentioning that there are severe consequences for marriage fraud, and USCIS may require proof that the marriage is genuine and not solely for immigration purposes.

US investor visa

International students can obtain a green card in the US, but it is not a direct path from an F1 student visa. The F1 visa is a single-intent visa, meaning the holder must declare their intention to return to their home country once their studies are complete. However, there are several options for those who wish to obtain a green card after entering the US on an F1 visa.

One way to obtain a green card is through the EB-5 Immigrant Investor Program. This program was created by Congress in 1990 to stimulate the US economy through job creation and capital investment by foreign investors. The EB-5 program is administered by the United States Citizenship and Immigration Services (USCIS). To be eligible for an EB-5 investor green card, applicants must invest between $500,000 and $1 million (or more) in a qualifying US commercial enterprise. The exact amount depends on whether the enterprise is located within a regional center. The investment must also create or preserve at least 10 permanent full-time jobs for qualified US workers. The EB-5 visa allows investors and their spouses and unmarried children under 21 to apply for lawful permanent residence in the US.

Another option for international students seeking a green card is to change from an F1 visa to a dual-intent visa, which would allow them to apply for a green card. One such dual-intent visa is the H1-B visa, which can be obtained through an employer willing to sponsor the applicant. To be eligible for an H1-B visa, the applicant must find a job with a qualifying US employer, either through Curriculum Practical Training (CPT) or Optional Practical Training (OPT). OPT allows international students to gain work experience in the US for up to 12 months in a field related to their major. If the employer is willing to sponsor the applicant, they can then apply for an H1-B visa, which will allow them to remain in the US and work for that employer.

International students can also obtain a green card by marrying a US citizen or lawful permanent resident. However, there is a 90-day rule that must be followed to avoid triggering a presumption of immigration fraud. This means that the student must wait at least 90 days after entering the US on an F1 visa before getting married. After this period, the student's spouse can petition for their green card, but the student must still prove to the government that the relationship is legitimate.

Finally, some international students may be eligible for an EB-1 visa after completing their studies in the US. The EB-1 visa is available to people with extraordinary abilities in the arts, sciences, education, business, or athletics. This visa is particularly suitable for F1 visa holders who have gained an education in the US and can demonstrate their abilities through published papers or research in their field. The EB-1 visa allows applicants to either self-petition or find an employer willing to sponsor them.

Frequently asked questions