International Students: A Path To Naturalization?

International students who wish to remain in the US after graduation have several options to continue living and working in the country. While there is no direct path to citizenship, international students can take several steps to transition from student status to permanent residency and eventually apply for naturalization. This process involves obtaining the appropriate visas and meeting various requirements, including demonstrating good moral character, basic English proficiency, and taking the US citizenship test.

F-1 students can apply for Optional Practical Training (OPT)

International students in the US who are on an F-1 visa are granted a temporary stay in the country with the intention of returning to their home country after their visa ends. However, F-1 students can apply for Optional Practical Training (OPT) to extend their stay and gain practical experience in their field of study. OPT is a benefit and extension of F-1 student status that allows students to remain in the US after completing their academic program and work in their field of study.

To be eligible for OPT, F-1 students must have been in active F-1 status in the US at the time of application and must have been enrolled in a full-time degree or qualifying certificate program in active F-1 status for at least one academic year (two consecutive semesters). Additionally, the student must not be studying English as a second language, and their proposed employment must relate to their major area of study.

The OPT application process can be lengthy and involves several steps and players. F-1 students must submit a Form I-765, "Application for Employment Authorization," and have their recommended OPT in their SEVIS records, along with an updated Form I-20 with the OPT recommendation. The earliest students can submit their application is 90 days before their program end date. It is important to note that OPT approval may take more than three months to be processed, so students need to plan ahead.

If approved for OPT, F-1 students can remain in the US for an additional 12 months at each educational level. For those with a degree in certain STEM fields, a 24-month extension of OPT employment authorization is available. During this time, students can work in their field of study and gain practical experience. It is important to note that OPT status is still considered a nonimmigrant visa, and students must maintain their student status by complying with all requirements.

Students with STEM degrees can apply for a 24-month OPT extension

International students in the US who are interested in applying for naturalization have a few options to consider. Firstly, it's important to understand the difference between a nonimmigrant and immigrant visa. F1 visas, which are typically held by international students, are nonimmigrant visas, meaning the student is granted a temporary stay in the US with the intention of returning to their home country after the visa ends.

One option for international students to remain in the US after graduation is to apply for Optional Practical Training (OPT), which provides an additional 12 months in the country at each educational level. This allows students to gain work experience in their field of study. For students with degrees in science, technology, engineering, and mathematics (STEM), there is an option to apply for a 24-month extension of their OPT, known as the STEM OPT extension. This extension replaced the previous 17-month STEM OPT extension in 2016.

To be eligible for the 24-month STEM OPT extension, F-1 students must meet several requirements. Firstly, they must have earned a bachelor's, master's, or doctoral degree from an accredited US college or university that is certified by the Student and Exchange Visitor Program (SEVP) at the time of their STEM OPT extension application. The degree must be in an eligible STEM field, as designated by the US Department of Education and the SEVP. Additionally, students must be employed or have a job offer of at least 20 hours per week directly related to their STEM field of study from an employer registered in the USCIS E-Verify Program. The employer must have an EIN number, and the employment must be paid and commensurate with the terms and conditions for similar positions in the US.

It's important to note that students cannot qualify for STEM OPT extensions unless they will be bona fide employees of the employer signing Form I-983. The student's Training Plan must be customized and describe the direct relationship between the STEM OPT opportunity and their qualifying STEM degree, as well as their work-based learning goals and objectives. Students with a timely filed H-1B petition and a request for a change of status may also apply for a "Cap-Gap" extension of their F-1 status and post-completion OPT employment authorization.

Students can transition from F-1 to H1-B status

International students on an F-1 visa in the US who wish to transition to H1-B status face a challenging process. F-1 visas are nonimmigrant visas, which allow international students to temporarily stay in the US with the intention of returning to their home country after their visa ends. However, many F-1 students choose to remain in the US and start their careers due to the wide range of employment opportunities available.

Transitioning from an F-1 student visa to an H-1B work visa involves a multi-step process, and each applicant's situation may differ depending on their specific circumstances. H-1B visas are also nonimmigrant visas but are considered "dual intent", meaning H-1B holders can have legal immigration plans to obtain a Green Card through an employer-based petition. This step is typically the most difficult, as H-1B visas are capped at 65,000 each year, with an additional 20,000 for advanced degrees. USCIS has established a lottery system to process H-1B visa selection at random.

To transition to H-1B status, students must first be selected in the H-1B visa lottery, and their H-1B petition must be filed before their F-1 status expires. If these requirements are met, the student becomes eligible for a cap-gap extension, which automatically extends their F-1 status and, if applicable, their Optional Practical Training (OPT) work authorization. The cap-gap extension provides a seamless transition for F-1 students, allowing them to maintain their lawful presence in the US while waiting for their H-1B employment to begin.

It is important to note that not all F-1 students are eligible for the cap-gap extension. To qualify, the H-1B petition must be filed as a change of status rather than consular processing, and the student must be in a period of authorized OPT or the 60-day grace period following the OPT expiration when the H-1B petition is filed. If a student does not meet the requirements for the cap-gap extension and their F-1 status expires before their H-1B visa is approved, they will need to leave the US.

Overall, while transitioning from F-1 to H-1B status is possible, it is a complex and challenging process with many requirements and potential obstacles.

Green card eligibility

International students can apply for naturalization in the US, but the process is long and complex. Naturalization is the process of becoming a US citizen if you were born outside of the country.

There are several ways to become eligible for a Green Card, which is a permanent resident card that allows the holder to live and work in the US.

Firstly, international students can apply for Optional Practical Training (OPT) during or after their degree, which provides an additional 12 months in the US at each educational level. This is still considered a nonimmigrant visa, but it can be a pathway to permanent residency. For those with a STEM degree, a 24-month extension can be applied for.

After OPT status expires, the next step is to apply for an H-1B visa, which is a nonimmigrant classification for temporary employment in specialty jobs requiring a bachelor's degree. This visa is valid for 3 years, with an option to extend for a further 3 years. Towards the end of the maximum 6 years on an H-1B visa, an employer can apply for a Green Card on the holder's behalf. This is an employer-based Green Card, and the transition is divided into five preference categories.

Green Card holders may apply for naturalization after 5 years, provided they meet other requirements, including being 18 or older, speaking basic English, and being of good moral character.

The 10-step naturalization process

International students can become U.S. citizens through naturalization. Naturalization is the process of becoming a U.S. citizen if you were born outside of the United States. Here is a 10-step naturalization process:

• File Form N-400: Submit Form N-400, Application for Naturalization, to the United States Citizenship and Immigration Services (USCIS). You can file this form 90 calendar days before completing your continuous residence requirement. You can create a USCIS online account to file your form or submit a paper form.
• Pay the filing fee: When submitting Form N-400, you must pay a filing fee. The fee is final and non-refundable, regardless of any action taken on your application. You can use the Fee Calculator to determine the exact fee.
• Submit biometrics: Applicants who file Form N-400 must generally submit biometrics, which includes fingerprinting. This information is used for a criminal background check.
• Attend an interview: After your forms are processed, USCIS will schedule an interview to complete the naturalization process. You must bring the appointment notice with you to the USCIS office.
• Pass the English and civics test: During the interview, you will be evaluated on your understanding of the English language and knowledge of the country's government.
• Receive a decision: USCIS will mail a notice of their decision to you. They may approve, continue, or deny your application, depending on the evidence in your record.
• Receive a notice to take the Oath of Allegiance: If your application is approved, USCIS will mail you a notification with the date, time, and location of your scheduled naturalization ceremony.
• Take the Oath of Allegiance: You officially become a U.S. citizen when you take the Oath of Allegiance at the naturalization ceremony.
• Receive your Certificate of Naturalization: After taking the Oath of Allegiance, you will receive your Certificate of Naturalization. Review it carefully and notify USCIS of any errors.
• Understand U.S. citizenship: Familiarize yourself with the rights and responsibilities that come with U.S. citizenship.

It is important to note that the entire naturalization process can take between 18.5 to 24 months, and there are various requirements and pathways for international students to obtain U.S. citizenship. For example, F-1 students can apply for Optional Practical Training (OPT) to extend their stay and gain work experience. After OPT, they can transition to an H-1B visa, which is a nonimmigrant visa for temporary employment. Eventually, with employer sponsorship, international students can apply for a green card and, after meeting the residence requirement, apply for naturalization.

Frequently asked questions