Lori Meadows
International students can apply for US citizenship, but the process is long and complex. Students can apply for Optional Practical Training (OPT) during or after their degree, which provides an additional 12 months in the US. Students with STEM degrees can apply for a 24-month extension. While on OPT status, students can find an employer who will petition and apply for an H1-B visa on their behalf. After a maximum of six years on an H1-B visa, an employer can apply for a green card. After obtaining a green card, an individual is well on their way to becoming a US citizen. Applicants for US citizenship must demonstrate English proficiency and knowledge of US history, government, and the Constitution.
| Characteristics | Values |
|---|---|
| Student visa | F-1 or M-1 |
| F-1 visa category | Academic Student |
| M-1 visa category | Vocational Student |
| F-1 visa requirements | Enrolled in an "academic" educational program, a language-training program, or a vocational program |
| School accreditation | Must be approved by the Student and Exchange Visitors Program, Immigration & Customs Enforcement |
| Work on F-1 visa | No off-campus work during the first academic year |
| On-campus work on F-1 visa | Allowed with certain conditions and restrictions |
| Off-campus work after the first academic year on F-1 visa | Allowed with prior authorization from the Designated School Official |
| OPT | Optional Practical Training available for F-1 students, providing an additional 12 months at each educational level |
| OPT STEM extension | 24-month extension available for students with a STEM degree |
| H-1B visa | A nonimmigrant visa for temporary employment in specialty jobs requiring a bachelor's degree |
| Green card | Permanent residency required before applying for citizenship |
| Green card options | Employment-based sponsorship, family sponsorship, diversity visa lottery, or marriage to a U.S. citizen |
| Citizenship requirements | Proficiency in English, knowledge of U.S. history, form of government, and the Constitution |
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F-1 Visa and OPT
International students on an F-1 visa are permitted to work off-campus only under specific circumstances. One such circumstance is Optional Practical Training (OPT), which allows students to work in a role directly related to their field of study. OPT is available both before and after completion of a degree, and students may work part-time (20 hours or less per week) while school is in session, and full-time when it is not. Students must be authorized to participate in pre-completion OPT and must apply for post-completion OPT.
Students with an F-1 visa can apply for OPT during or after the completion of their degree, providing an additional 12 months in the US at each educational level. Students with a STEM degree can apply for a 24-month extension, or a 6-month extension if they have already completed a year of part-time pre-completion OPT. To apply for a STEM OPT extension, students must be employed by an employer enrolled in E-Verify and must have received an initial grant of post-completion OPT employment authorization based on their STEM degree.
The next step for students on an F-1 visa is to transition to an H-1B visa, a nonimmigrant classification for temporary employment in specialty jobs that require a bachelor's degree. This step can be difficult, as H-1B visas are capped at 65,000 per year, with an additional 20,000 for advanced degrees. The transition from F-1 to H-1B status can be made directly for some students employed by a US-based company.
While on an H-1B visa, students can remain in the US for a maximum of 6 years, after which their employer will need to apply for a green card through an H-1B visa petition on their behalf. Obtaining a green card is a long and complex process, but it puts students well on their way to US citizenship.
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H1-B Visa
International students can pursue various pathways to US citizenship. One option is to apply for an H1-B visa, which is a nonimmigrant classification for temporary employment in specialty occupations that require at least a bachelor's degree or its equivalent. Common fields with specialty occupations include architecture, engineering, mathematics, physical sciences, social sciences, medicine, health, education, business specialties, accounting, law, theology, and the arts.
To qualify for an H1-B visa, you must prove an employer-employee relationship where the hiring company can hire, fire, and supervise your work. The position typically requires a bachelor's degree or higher, and the employer normally submits applications to the US Department of Labor and US Citizenship and Immigration Services (USCIS) to demonstrate that the employer, position, and employee meet the criteria.
The H1-B visa is typically granted for three years and can be extended for an additional three years under special circumstances. The visa has an annual cap of 65,000, with an additional 20,000 petitions for individuals with a master's degree or higher, or those employed in specific sectors. To apply, the employer or agent submits Form I-129, Petition for a Nonimmigrant Worker, along with the required documentation, to the correct USCIS center. The prospective H-1B worker then applies to the US Department of State at a US Embassy or Consulate abroad for the H-1B visa and admission to the United States.
It is important to note that the H1-B visa process is highly competitive, and there are often more applicants than the cap permits. Additionally, students cannot directly apply for the H1-B visa themselves; instead, they must find an employer who will petition and apply for the visa on their behalf. This step is considered the most difficult, and students are advised to be cautious of employers who offer to file an H-1B for a fee.
Towards the end of the maximum six years on H1-B status, the employer will need to apply for a green card through an H1-B visa petition on the employee's behalf. This transition is divided into five preference categories. It is recommended that students consult with an immigration lawyer to guide them through the H1-B process and its impact on their unique situation.
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Green Card
International students on an F-1 visa are permitted to study full-time at accredited academic institutions in the United States. While the F-1 visa is a nonimmigrant visa, there are legal ways for F-1 visa holders to adjust their status and apply for a Green Card. One way is through family sponsorship, i.e., by marrying a U.S. citizen or Green Card holder. However, if you apply for a Green Card within 90 days of entering the U.S. on an F-1 visa, your application may be complicated as USCIS may assume you misrepresented your original intent.
Another option for international students to obtain a Green Card is through the EB-5 visa program. This program allows students to gain permanent residency in the U.S. and access a range of benefits, including greater access to educational opportunities, unrestricted work authorization, and financial benefits. With a Green Card, international students can enrol in any U.S. educational institution without facing international student visa restrictions and quotas. They also become eligible for domestic tuition rates, which can result in significant cost savings.
After completing their studies, Green Card holders can seek employment opportunities without the same restrictions as F-1 visa holders. They can work off-campus, part-time or full-time, and gain valuable professional experience through paid internships or summer positions.
It is important to note that the process of obtaining U.S. permanent residency and citizenship is long and complex, and students should be mindful of potential challenges when adjusting their status from an F-1 visa to a Green Card.
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English proficiency
International students seeking US citizenship are required to demonstrate proficiency in the English language. This is a crucial component of the naturalization process, which involves an interview to assess basic English skills in reading, writing, speaking, and listening. However, it's important to note that certain exceptions exist.
US Citizenship and Immigration Services (USCIS) conducts a language test as part of the citizenship evaluation. During the interview, applicants are expected to read and write one to three English sentences and engage in a conversation in English about the information provided in their application. This interaction allows examiners to assess the applicant's English fluency and their ability to integrate into US social, cultural, and civic life.
While English proficiency is a standard requirement, there are scenarios where individuals can become US citizens without demonstrating language proficiency. These exceptions are based on age, long-term residency, or medical conditions. For instance, individuals aged 50 or older with at least 20 years of permanent residency may be exempt from the English requirement. Similarly, those aged 55 or older with a minimum of 15 years of residency and individuals aged 65 or older with 20 years of residency are also exempt from the English test.
In cases of medical conditions that hinder an individual's ability to learn English, the USCIS provides exemptions through the Medical Certification for Disability Exemptions (Form N-648). This form ensures equal opportunities for applicants with health challenges to pursue citizenship. Additionally, applicants with physical, developmental, or mental impairments that make it impossible to learn or demonstrate knowledge of English may be eligible to skip the English test and take the civics test in their native language with the assistance of an interpreter.
It is worth noting that USCIS offers resources to help applicants prepare for the English and civics tests. The USCIS website provides study guides, tools, and free study materials. Additionally, local adult schools, libraries, or cultural centers often offer "citizenship classes" that cover English, US history, and civics to help applicants enhance their knowledge and skills before taking the tests.
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Citizenship tests
International students on an F1 visa can apply for Optional Practical Training (OPT) during or after completing their degree, which provides an additional 12 months in the US. Students with a STEM degree can apply for a 24-month extension. While on OPT status, you can still work in the US on a nonimmigrant visa. After this, you can transition to an H1-B visa, which is a nonimmigrant visa classification for temporary employment that requires a bachelor's degree. This visa lasts for 3 years and can be extended for another 3 years.
Towards the end of the maximum 6 years on an H1-B visa, your employer will need to apply for a Green Card (permanent residency) through an H1-B visa petition on your behalf. Obtaining a Green Card and then citizenship is a long and complex process. However, once you become a permanent resident, you are well on your way to becoming a US citizen.
To become a US citizen, you must undergo a naturalization interview and test. During the interview, a USCIS officer will ask you questions about your application and background. The naturalization test consists of two components: an English test and a civics test. During the English test, you must demonstrate an understanding of the English language, including the ability to read, write, and speak basic English. Your ability to speak and understand English will be determined by a USCIS officer during your eligibility interview on Form N-400, Application for Naturalization. For the reading test, you must read one out of three sentences correctly out loud. The content focuses on civics and history topics. For the writing test, you must write one out of three sentences correctly, with the content focusing on civics and history topics.
During the civics test, you will answer questions about American government and history. The 2008 version of the civics test is an oral test, and the USCIS officer will ask you up to 10 questions from a list of 100 civics test questions. If you are 65 or older and have been living in the US as a lawful permanent resident for 20 or more years, you may study only the 20 questions marked with an asterisk (*) and take the test in the language of your choice.
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Frequently asked questions
The first step is to obtain a Green Card (permanent residency). This can be done through employment-based sponsorship, family sponsorship, or by winning a diversity visa lottery.
After obtaining a Green Card, an individual must meet certain eligibility requirements before submitting their citizenship application. This includes demonstrating proficiency in English and knowledge of US history, government, and the Constitution.
The process of obtaining US citizenship is long and complex. It can be challenging to change from a student visa to a Green Card, and there is high competition for H1-B visas, which are capped at 65,000 per year.
