International Students: Green Card Freedom

International students on F-1 visas often rely on Optional Practical Training (OPT) to gain work experience after graduation. However, green card holders can directly seek employment without these restrictions. Obtaining a green card as an international student can be challenging, but it offers significant advantages in terms of tuition rates, employment, and financial aid. The EB-5 Visa Program is one route to obtaining a green card, where foreign applicants invest in vetted U.S. real estate projects. While green card holders have greater protections and flexibility than those on temporary visas, they must still meet legal and residency requirements to maintain their permanent residency status.

International students on F-1 visas face restrictions in work and study

International students on F-1 visas face several restrictions in work and study. Firstly, F-1 visa holders are classified as nonimmigrant academic students, allowing them to enter the US as full-time students at academic institutions. To obtain an F-1 visa, students must meet specific criteria, including demonstrating proficiency in English, having sufficient funds for self-support, and maintaining a residence abroad with no intention of giving it up.

One of the main restrictions F-1 visa holders face is in employment. During their first academic year, F-1 students are generally not permitted to work off-campus. However, they may accept on-campus employment, provided it meets certain conditions and restrictions. For instance, on-campus work must directly provide services for students, such as working in a bookstore or cafeteria. Any off-campus employment must be related to the student's area of study and must be authorized by the Designated School Official (DSO) and the US Citizenship and Immigration Services (USCIS) before starting work.

After the first academic year, F-1 students may engage in off-campus employment under specific circumstances. These include severe economic hardship, emergent circumstances defined by the Department of Homeland Security (DHS), or special student relief. Even then, strict rules govern the place of employment, hours worked per week, and, in some cases, the type of employment. Working without authorization is considered a violation of the F-1 visa status and can lead to serious immigration repercussions.

F-1 visa holders also face restrictions in their studies. They must maintain their status as full-time students and cannot let their visa lapse during their grace period. The 60-day grace period at the end of their permitted stay is meant for preparing to leave or touring the country, with no studying or working allowed. Engaging in any academic or employment activities during this period is considered a violation of their visa status.

In contrast, green card holders do not face the same restrictions as F-1 visa students. They can enroll in US colleges and universities without needing an F-1 visa, giving them more flexibility in tuition rates, employment, and financial aid. Green card holders can also work freely in the US without the limitations imposed on F-1 visa holders, such as restricted on-campus work hours or the need for Optional Practical Training (OPT) authorization.

Green card holders can work freely without limitations

International students on F-1 visas often rely on Optional Practical Training (OPT) to gain work experience after graduation. However, green card holders can directly seek employment without these restrictions. They can work freely in the US without limitations, unlike F-1 visa holders who face restrictions like limited on-campus work hours and the need for OPT authorization.

Green card holders, as Lawful Permanent Residents (LPRs), enjoy greater flexibility in employment. They can enrol in US colleges without needing a student visa, avoiding the administrative burden of obtaining and renewing one. This freedom offers advantages in tuition rates, employment opportunities, and financial aid.

To become a green card holder, one must be eligible under specific categories, such as family or employment-based preferences. Employment-based categories include multinational managers, executives, professionals with advanced degrees, and skilled workers. Family-based applications require a work permit during the processing period if the applicant intends to work.

Once the USCIS approves a green card application, the holder can work in the US without requiring a separate work permit. They are authorized to work even before receiving their physical green card. This freedom from work restrictions allows green card holders to smoothly transition into US higher education and access financial support, as seen in the case of Maria, an international student from Brazil who pursued her master's in the US with a green card.

Green card holders can apply for federal financial aid

International students on F-1 or J-1 visas must obtain or renew their student visas, whereas green card holders do not have this restriction. Green card holders are considered "Lawful Permanent Residents" (LPRs) and can enrol in US colleges and universities without needing a student visa. This freedom provides advantages in terms of tuition rates, employment, and financial aid.

To apply for federal student aid, green card holders will need to include their 8- or 9-digit Alien Registration Number on the FAFSA form. They will also need to create an FSA ID, which is used to complete the FAFSA application and receive results.

It is important to note that green card holders must still meet certain legal and residency requirements to fully access educational benefits, such as in-state tuition and federal aid. For example, they must maintain their permanent residency status by avoiding prolonged absences from the US and paying US taxes on worldwide income.

EB-5 Visa grants green cards to foreign applicants and their families

International students on F-1 or J-1 visas face restrictions related to obtaining or renewing their student visas, on-campus and off-campus work, and financial aid. However, green card holders can overcome these challenges and enjoy greater flexibility in their higher education journey in the U.S.

The EB-5 Visa, also known as the EB-5 Immigrant Investor Visa Program, offers a pathway to obtaining a green card for foreign nationals and their families. Established in 1990, this program aims to stimulate the U.S. economy by attracting foreign investments that create jobs and promote economic growth.

To qualify for an EB-5 Visa, applicants must invest substantial capital in a "new commercial enterprise" in the United States. The standard minimum investment amount is $1.8 million, but it can be lower at $800,000 for investments in targeted employment areas (TEA). The investment must create or preserve at least ten full-time jobs for U.S. workers, excluding the investor and their immediate family.

The EB-5 program offers two investment routes: direct investment or investment through regional centers (RCs). Regional centers are federally approved investment issuers that connect foreign investors with developers in need of funding. As of April 2023, there were 640 USCIS-approved regional centers, and most EB-5 visas were granted through this route. If investing through a regional center, jobs may be created directly or indirectly through economic activity.

Upon approval of the foreign national investor's petition, they and their dependents are granted conditional permanent residence for two years. Within 90 days before this expires, the investor must provide evidence documenting the full investment and job creation or maintenance.

The EB-5 Visa, therefore, provides a valuable opportunity for foreign investors and their families to obtain green cards, contributing to the U.S. economy and enjoying the benefits of permanent residency in the country.

Green card holders are considered lawful permanent residents

International students on F-1 or J-1 visas often face restrictions and challenges in their pursuit of higher education in the United States. However, green card holders, officially known as lawful permanent residents, enjoy a unique set of advantages that facilitate their academic and career goals.

One of the notable benefits of being a green card holder is the ability to seek employment without restrictions. Unlike F-1 visa holders, who face limitations such as restricted on-campus work hours and the need for Optional Practical Training (OPT) authorization, green card holders can freely choose their employment. They are also eligible to apply for federal financial aid through the Free Application for Federal Student Aid (FAFSA), which can include grants, federal student loans, and work-study programs, thus easing their financial burden.

Additionally, green card holders have the right to own property, receive financial assistance at public colleges and universities, and join the Armed Forces. They are also protected by all laws of the United States, their state of residence, and local jurisdictions. However, it is important to note that to maintain their permanent residency status, green card holders must meet certain criteria, including avoiding prolonged absences from the United States and complying with tax requirements by paying U.S. taxes on their worldwide income.

In conclusion, green card holders are considered lawful permanent residents, and this status brings with it a range of benefits and responsibilities that international students on temporary visas do not have. It provides them with greater flexibility and opportunities in terms of education, employment, and financial aid, making it easier to pursue their academic and career goals in the United States.

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