International Students: A Path To Us Citizenship?

International students can apply for US citizenship, but the process is long and complex. The basic path to citizenship is through 'naturalization', which most international students don't qualify for. Students usually start with an F-1 visa, which can be followed by Optional Practical Training (OPT) and an H1-B visa. The H1-B visa is a competitive and sought-after route to permanent settlement in the US, with only 65,000 issued each year. After the H1-B visa expires, the next step is to apply for a green card, which completes the process of obtaining citizenship.

F-1 student visa

The F-1 student visa is a non-immigrant visa that allows international students to temporarily live and study in the United States. To be eligible for an F-1 visa, students must:

• Be enrolled in an "academic" educational program, a language-training program, or another type of program that culminates in a degree, diploma, or certificate.
• Attend a school that is approved by the Student and Exchange Visitor Program (SEVP) through the Department of Homeland Security (DHS).
• Be enrolled as a full-time student.
• Be proficient in English or be enrolled in courses to achieve English proficiency.
• Have sufficient funds to support themselves throughout their studies.
• Maintain a residence abroad with no intention of giving up their residence.

The F-1 visa does not allow students to work off-campus during their first academic year. However, after the first year, F-1 students may engage in three types of off-campus employment: Curricular Practical Training (CPT), Optional Practical Training (OPT), and Science, Technology, Engineering, and Mathematics (STEM) OPT. For off-campus employment, prior authorization is required from the Designated School Official and U.S. Citizenship and Immigration Services (USCIS).

After completing their studies, F-1 visa holders have several options to continue their stay in the United States. One option is to change their status to an H-1B visa, which is a non-immigrant visa for temporary employment in specialty occupations requiring a bachelor's degree. Another option is to apply for an EB-1 visa, which is available to individuals with extraordinary abilities in specific fields. The EB-1 visa can lead to lawful permanent residency and eventually citizenship. However, the requirements for the EB-1 visa are strict, and other options such as the EB-2 or EB-3 visa may be more attainable. To transition from an F-1 visa to a green card, individuals must meet specific requirements, including academic records, work experience, and proof of exceptional ability.

OPT status

International students on an F-1 visa are eligible to apply for Optional Practical Training (OPT) to gain temporary employment directly related to their major area of study. OPT is available both before and after completion of their academic studies. Students can apply for pre-completion OPT after being enrolled full-time for a full academic year at a college or university certified by the U.S. Immigration and Customs Enforcement (ICE) Student and Exchange Visitor Program (SEVP) to enroll F-1 students. During the school year, students with pre-completion OPT authorization can work up to 20 hours per week and full-time when school is not in session. Post-completion OPT requires students to work a minimum of 20 hours per week, either part-time or full-time.

The initial period of OPT is 12 months, with an additional 12 months available if the student advances to a higher degree level (e.g., from a bachelor's to a master's degree). Students with a STEM degree can apply for a 24-month extension, bringing the total possible OPT time to 36 months. However, all periods of pre-completion OPT will be deducted from the available post-completion OPT time. Additionally, students can accrue no more than 90 days of unemployment during post-completion OPT and 150 days during the 24-month STEM OPT extension, including post-completion OPT unemployment time. Volunteering and unpaid internships can be considered employment during the initial 12-month post-completion OPT period.

To apply for OPT, students must submit unmounted and unretouched photos to the U.S. Citizenship and Immigration Service (USCIS) along with their application. If OPT is approved, USCIS will issue an Employment Authorization Document (EAD), and students must not begin working before the start date on the EAD. Students must also comply with all requirements for maintaining their F-1 student status, as working without authorization can result in serious consequences, including removal from the country.

While OPT provides international students with an opportunity to gain practical experience in their field of study, it is still considered a nonimmigrant visa. After OPT status expires, students typically transition to an H-1B visa, a nonimmigrant classification for temporary employment in specialty jobs requiring a bachelor's degree. This step can be challenging, as H-1B visas are subject to an annual cap and are highly competitive. To remain in the U.S. long-term, individuals would need to pursue a green card and eventually apply for U.S. citizenship, which has its own set of requirements and eligibility criteria, including demonstrating English proficiency and knowledge of U.S. history and government.

H1-B visa

International students can apply for US citizenship, and there are several pathways to do so. One common route is to transition from an F1 student visa to an H1-B visa, and then to a green card.

The H-1B visa is a non-immigrant visa that allows employers to hire foreign professionals in specialty occupations that require at least a bachelor's degree or its equivalent. These fields often include mathematics, engineering, technology, and the medical sciences. The H-1B visa is typically valid for three years and can be extended for a maximum of six years. However, in certain circumstances, such as being the beneficiary of an approved immigrant visa petition, extensions beyond six years may be granted in three-year increments.

To initiate the H-1B visa process, a US employer must first file a petition with the United States Citizenship and Immigration Services (USCIS). The employer must ensure that hiring a foreign worker will not negatively impact US workers and must attest to this on a labor condition application (LCA) certified by the Department of Labor (DOL). The employer must also pay a fee, which is $215 for each registration submitted. If the petition is approved, the prospective H-1B worker outside the US can apply for an H-1B visa at a US embassy or consulate and then for admission to the United States with US Customs and Border Protection (CBP).

The H-1B visa program has an annual cap of 65,000 visas, with an additional 20,000 visas for foreign professionals with advanced degrees from US institutions. Due to the high demand and limited availability, USCIS has implemented a lottery system to select H-1B visa recipients randomly.

The H-1B visa is a pathway for international students to work in the US after graduation, providing temporary employment and the opportunity to gain valuable skills and experience in their field of study. However, it is important to note that the transition from an H-1B visa to a green card and, ultimately, US citizenship, is a complex and lengthy process.

Permanent residency

International students can apply for permanent residency in the US, also known as acquiring a "Green Card". This can be done by first obtaining an F-1 visa and then applying for Optional Practical Training (OPT) during or after the completion of their degree, which provides an additional 12 months in the US. For those with a STEM degree, a 24-month extension can be applied for. While on OPT status, students can apply for jobs, and upon securing one, their status may change from F-1 directly to H1-B. The H1-B visa is a non-immigrant classification for temporary employment that requires a bachelor's degree. This visa typically lasts for 3 years and can be extended for another 3 years. It should be noted that the H1-B visa is subject to an annual cap of 65,000 visas, with an additional 20,000 for those with advanced degrees.

Towards the end of the maximum 6 years on an H1-B visa, the employer can apply for a Green Card through an H1-B visa petition on the employee's behalf. This transition is divided into five preference categories. Obtaining a Green Card is a crucial step towards securing permanent residency and eventual citizenship in the US. It is important to keep in mind that the process of obtaining permanent residency and citizenship is lengthy and complex.

Once an individual becomes a permanent resident, they are well on their path to becoming a US citizen if they so choose. The basic path to citizenship is through naturalization, which requires applicants to meet certain eligibility criteria and demonstrate proficiency in the English language, with some exceptions based on age, medical condition, etc. Applicants are also tested on their knowledge of US history, government, and the Constitution.

English proficiency

International students on an F-1 visa who wish to remain and work in the US after graduation can apply for Optional Practical Training (OPT), which provides an additional 12 months in the country. For those with a STEM degree, a 24-month extension can be requested. While on OPT status, students can consider their next steps, which may include applying for US citizenship.

US Citizenship and Immigration Services (USCIS) requires applicants for US citizenship to demonstrate proficiency in the English language. This is determined by the applicant's ability to read, write, speak, and understand English. Applicants must also be able to act on basic commands, follow directions, and respond to questions during the naturalization interview. USCIS recommends that immigrants with limited English language proficiency enrol in a basic-level English course before scheduling their citizenship interview.

The naturalization test also includes a civics component, which assesses the applicant's knowledge of US history, government, and the Constitution. Applicants must correctly answer aloud six out of ten questions selected from a list of 100 questions that USCIS makes available online for applicants to study in advance. While the civics test can be taken in the applicant's language of choice with the use of an interpreter, the English test cannot. However, certain exceptions to the English proficiency requirement exist based on age, medical condition, and other factors. For example, applicants aged 70 and above with LPR status are automatically exempt from the English language requirement.

Frequently asked questions