International Students: Pathway To Citizenship?

International students who have studied in the US and want to remain in the country after graduation have several options to stay and work. While there is no direct path to citizenship, international students can pursue permanent residency and eventually citizenship through a process known as 'naturalization'. This process can be lengthy and complex, but there are several visa options that can serve as stepping stones. One common path is to transition from a student F1 visa to an H1-B visa, which allows for temporary work in the country. This visa is valid for up to six years, after which an employer can petition for a green card on the employee's behalf. Obtaining a green card is an important step towards permanent residency and eventual citizenship.

F1 visas are non-immigrant visas

International students on F1 visas can apply for US citizenship, but the process is long and complex. F1 visas are non-immigrant visas, granted to students who intend to temporarily stay in the US for the duration of their studies. Students on F1 visas must maintain a residence abroad and intend to return to their home country after their studies. While F1 visa holders can work, their employment options are restricted.

F1 visas are one of two types of non-immigrant visas for students, the other being M visas. M visas are for students in vocational or non-academic programs (except language training), while F1 visas are for students enrolled in academic institutions. To obtain an F1 visa, students must be enrolled full-time at an institution accredited by the Department of Homeland Security (DHS) through the Student Exchange and Visitor Program (SEVP). They must also demonstrate English proficiency or be enrolled in courses to achieve this, and show proof of sufficient financial funds to support their studies. Students must also pay the I-901 fee of $350 and complete the Form DS-160.

F1 visa holders are allowed to work on-campus after their first academic year, and off-campus in certain situations, such as severe economic hardship. They can also be eligible for off-campus work if they are taking Science, Technology, Engineering, and Mathematics (STEM) Optional Practical Training (OPT) courses. However, any off-campus employment must be related to their area of study and authorized by the Designated School Official.

While F1 visas are non-immigrant visas, they can serve as a pathway to US citizenship for international students. After graduating, some students' status may change from F1 directly to an H1-B visa, which is considered ""dual intent". This means that H1-B holders can have legal immigration plans to obtain permanent residency and citizenship. The H1-B visa lasts for three years and can be extended for another three years. However, it is subject to an annual cap of 65,000 visas, with an additional 20,000 for advanced degrees, making it a competitive process. Towards the end of the maximum six years on an H1-B visa, the employer must apply for a green card through an H1-B visa petition. Obtaining a green card is another crucial step towards US citizenship.

H1-B visas are capped at 85,000

International students can apply for citizenship in the US, but the process is long and complex. There is no direct path to citizenship, but there are several routes that can be taken to increase the chances of a successful application.

One route is to obtain a work visa, such as the H-1B visa, which is a non-immigrant, temporary visa. The H-1B visa is a popular route for international students as it is considered dual intent, meaning holders can have legal immigration plans to obtain permanent residency. The H-1B visa is a nonimmigrant classification for temporary employment in specialty jobs that require a bachelor's degree. Students cannot directly apply for an H1-B visa, but they can find an employer who will petition and apply for the visa on their behalf.

The H-1B visa is subject to an annual cap of 65,000 visas, with an additional 20,000 visas available for applicants with advanced degrees from US institutions. Certain employers are exempt from these caps, including Chilean and Singaporean nationals. Prospective H-1B workers seeking employment in the territories of the Northern Mariana Islands and Guam are exempt from the cap until 31 December 2029. The E-3 visa is designated for Australian citizens and is not subject to the H-1B cap.

The H-1B visa program is highly competitive, and the number of applications far exceeds the cap. In 2023, there were 781,000 lottery entries for 85,000 visas. This was partly due to different companies submitting the same applicant multiple times. To ensure a fair and orderly distribution of visas, the United States Citizenship and Immigration Services (USCIS) denies or revokes multiple or duplicative petitions filed by an employer for the same H-1B worker.

The H-1B visa allows an initial three-year stay in the US, which may be extended to a maximum of six years. After this period, the visa holder must either leave the US or reapply. Towards the end of the maximum six years on an H-1B visa, the employer will need to apply for a green card through an H-1B visa petition on the employee's behalf.

Green card eligibility categories

International students can take several pathways to transition from student status to permanent residency in the US. The process of obtaining a US Permanent Residency (a "Green Card") and citizenship is long and complex.

• Employment-based: This is a common path for international students. The H1-B visa is a nonimmigrant, temporary visa considered "dual intent", meaning holders can have legal immigration plans to obtain permanent residency. The H1-B visa is a competitive option for highly skilled international workers, capped at 65,000 per year, with an additional 20,000 for advanced degrees. Towards the end of the six-year maximum, your employer will need to apply for a green card through an H1-B visa petition on your behalf.
• Family-based: Immediate relatives of US citizens are at the top of the list for green card eligibility. This includes spouses, including same-sex spouses if the marriage is legally valid in the state or country where it took place, as well as recent widows and widowers.
• Refugee or Asylee Status: Refugees are required to apply for a green card within one year of receiving their status and being physically present in the US. Asylees can wait longer than a year to apply, but it is safer to do so earlier, as asylee status can be revoked if conditions in the applicant's home country improve.
• Registry: This option is for people who have lived in the US continuously since January 1, 1972. Applicants must show good moral character and not be inadmissible. Very few people are eligible for this category, and Congress occasionally discusses updating the date.

Naturalization

International students in the United States who wish to become citizens must go through the naturalization process. Naturalization is the process of voluntarily becoming a US citizen. This process is long and complex, and there is no direct path to citizenship for international students. However, there are several steps that international students can take to increase their chances of obtaining US citizenship.

Firstly, international students on an F-1 visa can apply for Optional Practical Training (OPT) during or after completing their degree, which provides an additional 12 months in the US at each educational level. For those with a STEM degree, a 24-month extension can be applied for. Although OPT status is still considered a non-immigrant visa, it allows students to gain valuable work experience and build a strong resume, which can be advantageous when applying for a more permanent visa status.

After the OPT status expires, the next step is typically to apply for an H-1B visa, which is a non-immigrant visa for temporary employment in specialty jobs requiring a bachelor's degree. Students cannot directly apply for this visa themselves; instead, they must find an employer willing to petition and apply for the H-1B visa on their behalf. Obtaining an H-1B visa can be challenging due to its limited annual quota, and USCIS has established a lottery system to process applications randomly.

Towards the end of the maximum six years on the H-1B visa, the employer can apply for a green card (permanent residency) through an H-1B visa petition. This step involves communicating with the employer about their willingness to sponsor the applicant during the green card application process. Obtaining a green card is a crucial step towards establishing permanent residency and eventually applying for citizenship through naturalization.

Once an individual has obtained their green card and met the residency requirements, they can initiate the naturalization process by submitting Form N-400, collecting necessary documents, and providing biometrics if required. USCIS will then schedule an interview, after which a decision on the application will be made. If approved, the individual may participate in a naturalization ceremony, take the Oath of Allegiance, and officially become a US citizen.

Employer-based visas

International students in the UK cannot apply for citizenship based on their student status alone. However, once they have completed their degree, they can explore options to switch to another type of visa and remain in the UK. For instance, if you are from an EEA country and Switzerland and have lived in the UK for over five years, you can seek permanent residence.

If you are looking to apply for UK citizenship through an employer-based visa, you will need to explore the Tier 2 visa route. This is because a Tier 2 visa allows you to stay in the UK for longer than a student visa and can eventually lead to permanent residence. To qualify for a Tier 2 visa, you will need a job offer from a licensed sponsor and the job must be at the required skill level. The job offer must be related to your field of expertise, and your employer will need to prove that no other suitable candidates were found for the role.

Once you have obtained your Tier 2 visa, you can apply for indefinite leave to remain (ILR) after five years. With ILR, you can live and work in the UK without any restrictions. To be eligible for ILR, you must meet certain requirements, such as earning a certain amount and passing the Life in the UK test.

After obtaining ILR, you can apply for UK citizenship by naturalisation. To be eligible, you must usually have lived in the UK for at least 12 months after getting ILR and meet other requirements, such as having good character and knowing English.

It is important to note that the process of obtaining an employer-based visa, ILR, and eventually citizenship can be complex and may vary depending on individual circumstances. Therefore, it is always recommended to seek up-to-date advice from official government sources or immigration specialists.

Frequently asked questions