Janice Lozano
International students who want to study in the United States need to obtain an F1 student visa, which is a single-intent visa. This means that students promise to return to their home country once they finish their studies. However, many international students consider adjusting their status from an F1 visa to permanent residency, commonly known as a Green Card, during or after their education. While it is possible to transition from an F1 visa to a Green Card, it can be challenging and expensive, requiring careful navigation of immigration laws to avoid complications such as allegations of immigration fraud.
| Characteristics | Values |
|---|---|
| Student visa type | F-1 Visa |
| Visa description | Nonimmigrant student visa that allows foreign nationals to study full-time at accredited schools in the United States |
| Schools include | Colleges, universities, high schools, elementary schools, seminaries, and language training programs |
| Permanent residency status | Lawful Permanent Resident (LPR) |
| Permanent residency documentation | Green Card |
| Visa requirements | Must not enter the US with the intention to stay permanently; must be a temporary stay |
| Visa transition options | Dual Intent Visa, EB-1 Visa, EB-5 Visa, H1B Visa, Employment-Based Visa, EB-2 Visa, EB-3 Visa |
| Permanent residency options | Employment-based sponsorship, marriage to a US citizen or permanent resident, investor visa, academic performance |
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What You'll Learn
F1 visa holders can apply for a green card through various routes
F-1 visa holders can apply for a green card through various routes, but it is important to note that the F-1 visa is not a direct path to a green card. Changing immigration status from an F-1 visa to a green card can be challenging, and students need to be proactive in ensuring their activities and employment align with updated visa rules to maintain their legal status in the US.
One option is to change from an F-1 visa to a dual-intent visa, which would allow holders to apply for a green card. An example of a dual-intent visa is the H-1B visa, which can be obtained through employer sponsorship. The employer must petition for the individual to the US Citizenship and Immigration Services (USCIS) and gain approval.
Another option is to marry a US citizen or green card holder. The spouse can then petition for the F-1 visa holder to obtain a green card through Form I-130, Petition for Alien Relative. However, it is crucial to be aware of the 90-day rule, which states that if a green card is applied for within 90 days of entering the US on an F-1 visa, the USCIS may assume the applicant misrepresented their intent when applying, which can complicate the case.
A third option is to gain employment with an employer who is willing to sponsor the F-1 visa holder for an employment-based green card. This can be done through an EB-2 or EB-3 visa. The employer must submit supporting documentation to the USCIS, including proof of qualifications and the job offer. The EB-2 visa is for people who have received a job offer that requires an advanced degree, people who possess exceptional ability in the sciences, business, or arts, or people who have a national interest waiver for the position. The EB-3 visa is for skilled workers, professionals, and certain other workers.
A fourth option is to apply for an EB-1 visa, which is for individuals with extraordinary achievements in areas such as science, education, arts, business, or athletics. This route can be challenging due to extensive requirements and high fees.
Finally, F-1 visa holders can apply for an EB-5 investor visa by investing $500,000 to $1,000,000 in a US commercial enterprise and creating more than 10 permanent jobs. This route can be challenging due to the financial prerequisites and the due diligence and source-of-funds requirements.
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Marriage to a US citizen or lawful permanent resident
International students on an F-1 visa can pursue various paths to obtain permanent residency in the US. One option is to marry a US citizen or lawful permanent resident, which enables the spouse to petition for a marriage-based green card. This route, however, requires careful navigation to avoid triggering the 90-day rule, which may result in the presumption of immigration fraud.
The 90-Day Rule
If an international student on an F-1 visa marries a US citizen or permanent resident within 90 days of entering the US, the USCIS may suspect immigration fraud, assuming the student entered with the intention of marrying rather than studying. Consequently, the green card application will be denied. Therefore, it is advisable to wait at least 90 days after entering the US on an F-1 visa before getting married to avoid this presumption.
Proving a Genuine Relationship
Even after the 90-day mark, the international student and their spouse must provide evidence to the government that their relationship is legitimate. While there won't be a presumption of fraud, the USCIS requires proof that the marriage is based on the genuine intention to share a life together rather than solely for obtaining a green card.
Application Process
The application process for a marriage-based green card typically involves filing Forms I-130 and I-485, along with supporting documentation. Form I-130, or Petition for Alien Relative, is submitted by the US citizen or permanent resident spouse to classify the status of their noncitizen spouse. Form I-485, or Application to Register Permanent Residence or Adjust Status, is then filed by the international student, along with required fees, marriage certificate, evidence of termination of any previous marriages, birth certificates, and other USCIS forms and photographs.
Interview Process
Following the submission of the application, the USCIS will review the materials, which can take several months or even years. They will then schedule an interview with the couple, which may be conducted separately. The purpose of this interview is to ascertain the authenticity of the marriage and the couple's intention to build a life together. After the interview, it will take several more weeks or longer for the USCIS to issue the green card.
Conditional Green Card
If the marriage is less than two years old when the green card is granted, the card will be conditional. After a specific period, the couple will have to prove to the USCIS that their marriage is genuine to have the conditions removed. This measure is implemented to deter and detect immigration fraud.
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Employment-based sponsorship
International students on an F-1 visa can transition to permanent residency through employment-based sponsorship after graduation. This process can be challenging, and it is recommended that students consult an immigration attorney to guide them through the process.
There are several visa categories to consider when seeking employment-based sponsorship. The EB-2 and EB-3 visas are the most common. EB-2 visas are for members of professions holding advanced degrees or those with exceptional ability, while EB-3 visas are for skilled workers, professionals, or other workers. To obtain an EB-2 or EB-3 visa, the employer must submit supporting documentation to the U.S. Citizenship and Immigration Services (USCIS), including proof of qualifications and the job offer. The employer must also file a petition and offer a full-time, permanent position.
Another option is the EB-1 visa, which is for individuals with extraordinary abilities in science, art, education, business, or athletics. The qualifications for the EB-1 visa are rigorous, and applicants must provide evidence of significant accomplishments in their field.
The EB-5 visa is an investment visa that allows individuals to obtain a green card by investing in a U.S. business and hiring U.S. workers. To qualify, individuals must make the necessary investment in a commercial enterprise in the U.S. and plan to create or preserve 10 full-time jobs for qualified U.S. workers.
Some universities may also offer employment-based visa sponsorship for eligible teaching and research positions. This sponsorship can lead to U.S. Permanent Resident status, also known as a "green card."
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EB-5 projects—investment visas
International students on an F-1 visa can become lawful permanent residents in the U.S. and get a green card. However, the F-1 visa is a nonimmigrant visa, meaning that the holder intends to return to their home country upon completion of their studies. Changing from an F-1 visa to a green card can be challenging, but it is possible.
One option to obtain a green card is through the EB-5 Immigrant Investor Program. This program was created by Congress in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. The EB-5 visa is an investment visa that allows foreign nationals to obtain permanent residency (a green card) in the United States by investing in a U.S. business and hiring U.S. workers. The minimum investment amount to qualify for EB-5 is $800,000 in a Targeted Employment Area (TEA) or $1,050,000 in a non-TEA. The investment must also create or preserve 10 full-time jobs for qualified U.S. workers.
There are several EB-5 investment projects available, including:
- Tamarack Resort in Idaho: This project offers a ski, golf, and lake resort with over 2,336 qualifying jobs created. It is located in a rural TEA and offers faster I-526E petition processing and a 20% EB-5 visa set-aside.
- Rocky River in North Carolina: This project consists of 1,120 single-family homes in a master-planned community and has created an estimated 7,020 EB-5 eligible jobs. It is also located in a rural TEA and qualifies for faster I-526E petition processing and a 20% EB-5 visa set-aside.
- Twin Lakes in Georgia: This project includes 1,300 single-family homes in a master-planned community in Jackson County, Georgia. It has created thousands of qualifying EB-5 jobs and sold over 700 homes. It is located in a rural TEA and offers faster I-526E petition processing and a 20% EB-5 visa set-aside.
- Terra Ceia Multifamily in Florida: This project is a 276-unit class A apartment community for active adults aged 55+. It is located in an urban TEA, providing access to set-aside visas and concurrent filing for EAD.
- Terra Vi Yosemite: This project offers luxury accommodations just minutes from Yosemite National Park. The exact number of jobs created and other details are not provided.
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Self-petitioning as a person with extraordinary abilities
International students on an F-1 visa can pursue several paths to gain lawful permanent resident status in the U.S. and get a green card. One option is to transition to a green card through employment-based sponsorship after graduation. For this, you would need to find an employer in the U.S. who is willing to sponsor you, and there are two main visa categories to consider: EB-2 and EB-3. Your employer must submit supporting documentation to U.S. Citizenship and Immigration Services (USCIS), including proof of your qualifications and the job offer.
Another option is to self-petition as a person with extraordinary abilities in science, art, education, business, or athletics by applying for an EB-1 visa. The qualifications for the EB-1 visa are rigorous and require evidence of extraordinary ability, such as a distinctive award or honor comparable to a Pulitzer Prize. Additionally, you must achieve at least three of the following:
- Your work being showcased or exhibited.
- Noteworthy, original scholarly writing, research, or other significant contributions in your field.
- Being awarded a high honour for excellence on a national or international level.
- Performing a leading role in a well-recognized organization.
- Membership in an organization that expects a high level of achievement.
To qualify as a person with extraordinary abilities, you must demonstrate that your entry will substantially benefit the United States. While there is no standard rule for what constitutes "substantial benefit," it involves a fact-dependent assessment of the case. The petitioner must provide sufficient context and explain how the submitted evidence demonstrates sustained national or international acclaim and recognition in their field of expertise.
It is important to note that the process of changing immigration status from an F-1 visa to a green card can be challenging. An immigration attorney can guide you through the various options and ensure that all necessary documentation is properly submitted.
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Frequently asked questions
An F1 visa is a nonimmigrant student visa that allows foreign nationals to study full-time at accredited schools in the United States.
The F1 visa is a single-intent visa, meaning you enter the US to study, and then return to your home country once you finish your studies. However, there are a few paths you can follow after an F1 visa that would lead to a green card.
The most common paths to a green card from an F1 visa are self-petitioning as a person with extraordinary abilities, adjusting status to a dual-intent visa, becoming an investor in the US, or marrying a US citizen.
A dual-intent visa allows the F1 student visa holder to be temporarily present in the US with the intention to stay in the US permanently. Once you are on a dual-intent visa, you can find an employer who will sponsor you for an employment-based green card.
The process of obtaining US permanent residency (acquiring a "green card") is complex. There are a number of ways through which a foreign national may become a US resident. This includes residency through employment and family sponsorship.
