Lori Meadows
International students seeking permanent residence in the United States must first obtain a visa, either a nonimmigrant visa for temporary stays or an immigrant visa for permanent residence. The process of obtaining a U.S. permanent residency, or a Green Card, is complex and varies depending on the individual's circumstances. Students must apply for a student visa (F or M visa) to enter the U.S. for educational purposes. Obtaining permanent residency typically requires several years in other visa statuses, such as H-1B, TN, O-1, J-1, or F-1. Foreign nationals seeking permanent residency through employment must undergo an in-depth review, considering their immigration history, academic credentials, professional experience, and reputation within their field. The U.S. government sets an annual limit of 140,000 permanent resident visas, allocated among countries to ensure diversity.
| Characteristics | Values |
|---|---|
| What is permanent residency in the USA? | Lawful Permanent Residents (LPR) are foreign nationals who have received approval to immigrate to the United States. |
| What is an LPR provided with? | An Alien Registration Card, commonly called a Green Card, as proof of their permanent status. |
| How many immigrant visas are awarded each year? | 140,000 |
| How are these visas distributed? | They are distributed equally among countries and based on a preference system and priority date. |
| What is the preference system? | The preference system refers to the various immigration categories under which an individual is approved for U.S. residency. |
| What is the priority date? | The priority date is the date assigned to the residency application at the time it is submitted to the Department of Labor or the Bureau of Citizenship and Immigration Services (BCIS). |
| What is a Green Card? | A Green Card is a U.S. Permanent Resident Card. |
| Who is considered an international student? | An international student is an individual who is not a citizen or national of, or lawfully admitted for permanent residence in, the United States. |
| What is a student visa? | A student visa (F or M visa) is required for foreign nationals to travel to the United States to study. |
| What is the process for obtaining U.S. Permanent Residency? | The process is complex and can be done through employment or sponsorship by a U.S. citizen or permanent resident relative. |
| Can a university help with obtaining permanent residency? | Yes, universities like Carnegie Mellon University have pre-approved immigration attorneys to help with the process. |
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What You'll Learn
Permanent residency requirements
Permanent residency in the United States, also known as a "
Employment
One way to obtain permanent residency is through employment. This route requires an in-depth review and analysis of each individual case, taking into account the position being offered, the applicant's immigration history, academic credentials, professional experience, standing in the academic community, and reputation within their field.
Sponsorship
Another way to obtain permanent residency is through sponsorship by a U.S. citizen or permanent resident relative. In the case of employment, a department or employer can apply to the Department of Labor (DOL) for labour certification to sponsor a foreign national for a position. Under special handling rules, the sponsor is not required to demonstrate that there are no qualified U.S. citizens or permanent residents available for the position but that the appointee is the best-qualified applicant.
Immigrant Visas
Each country is allocated an equal number of immigrant visas annually. If a country has a low rate of immigration to the U.S., its citizens are generally immediately eligible to apply for permanent residency once their immigrant visa is approved. However, if a country has a high rate of immigration to the U.S., exceeding the number of available visas, it is considered "over-subscribed," resulting in a backlog. In this case, citizens must wait for an immigrant visa to become available before they can obtain permanent residency.
Preference System
Immigrant visas are awarded based on a preference system and a priority date. The preference system refers to various immigration categories under which an individual is approved for U.S. residency. The priority date is the date assigned to the residency application when it is submitted to the Department of Labor or the Bureau of Citizenship and Immigration Services (BCIS).
Nonimmigrant Visas
Nonimmigrant visas are issued to foreign nationals who intend to stay in the U.S. temporarily. There are over 50 types of nonimmigrant visas, some of which authorise temporary employment. Some nonimmigrant visa holders may eventually qualify for U.S. permanent residency through employment sponsorship.
It is important to note that the information provided here is general, and the specifics of obtaining permanent residency may vary depending on individual circumstances. For detailed guidance, it is recommended to consult a qualified immigration attorney or official government sources.
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Student visa types
International students who wish to study in the US must obtain a student visa. The US government offers three types of student visas: F, J, and M. Each visa type has specific requirements and is suited for different types of study or training in the US.
F Student Visa
The F-1 Student Visa is for international students who plan to study full-time at an accredited US college or university or to study English at an English language institute. To be eligible for this visa, students must first be accepted by an accredited US institution of higher education that is certified by the Student and Exchange Visitor Program (SEVP). Students must also enrol in courses that are SEVP-certified.
J Exchange Visa
The J Exchange Visa is for individuals participating in an exchange program, including high school and university studies. This visa is also suitable for foreign nationals who have been approved to take part in work-and-study-based exchange programs, such as visiting scholars, camp counselors, au pairs, and research assistants. Institutions designated to place participants in academic exchange programs (J visas) must be accredited.
M Student Visa
The M Student Visa is for international students pursuing non-academic or vocational studies or training in the US. Similar to the F visa, students must be accepted by a SEVP-certified institution and enrol in SEVP-certified courses.
Other Visa Options
In addition to the three primary student visa types, there are other visa options that may be suitable for specific situations. For example, the J-1 Exchange Visitor Visa is a non-immigrant visa for exchange visitors, including students, visiting professors, researchers, or short-term visiting scholars. There are also temporary nonimmigrant work visas such as F-1, J-1, H-1B, O-1, or TN, which are typically used by faculty and professional staff at educational institutions.
It is important to note that the process of obtaining a US visa can be complex and may vary depending on individual circumstances. Students should refer to official government sources for detailed and up-to-date information on visa requirements and application procedures.
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Green card eligibility
International students can apply for permanent residence in the USA. Permanent residency in the United States is obtained by becoming a Lawful Permanent Resident (LPR), which involves receiving approval to immigrate to the country. LPRs are provided with an Alien Registration Card, commonly referred to as a Green Card, as proof of their permanent residency status.
There are various ways to obtain a Green Card, and eligibility depends on several factors. One way is through sponsorship by a US citizen or permanent resident relative. Another method is through employment, which requires an in-depth review and analysis of the individual's immigration history, academic credentials, professional experience, standing in the academic community, and reputation within their field of expertise.
The EB-5 visa program is another route to obtaining a Green Card. This program allows individuals to invest in educational prospects in the United States. Additionally, continuous residence in the US before a specified date may make one eligible for a Green Card.
The process of obtaining a Green Card is complex, and each country is allocated an equal number of immigrant visas annually. The availability of visas can vary, with some countries experiencing backlogs, resulting in waiting periods ranging from a few months to several years.
Green card holders enjoy benefits such as unrestricted work authorization, the ability to travel freely in and out of the country, and access to social benefits like healthcare programs and social security. It also puts them on a path to US citizenship, with the opportunity to apply for naturalization after meeting the required residency period and other criteria.
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Employment-based permanent residency
International students can apply for permanent residence in the USA, but the process is complex and can be lengthy. One way to gain permanent residency is through employment, and there are several routes to achieving this.
Firstly, it is important to note that the Office of International Education (OIE) does not provide legal advice or services for permanent residency applications. Scholars are advised to seek the counsel of a qualified immigration attorney.
There are five employment-based "preference" categories for immigrant visas, which are limited by country of birth. These categories are:
- Outstanding Professors/Researchers: This category is for those who are recognised internationally as outstanding in an academic field.
- Members of the Professions Holding Advanced Degrees or Those with Exceptional Ability: This category includes requests for national interest waivers.
- Skilled Workers, Professionals, and Other Workers: This is a broad category that covers skilled, trained workers.
Each application is reviewed in-depth, taking into consideration the applicant's immigration history, academic credentials, professional experience, standing in the academic community, and reputation within their field.
Application Process
To apply for a Green Card through employment, an individual must file Form I-485, Application to Register Permanent Residence or Adjust Status. This form must be filed when the individual is physically present in the US, and an immigrant visa must be immediately available to them.
The process of obtaining permanent residency through employment can be lengthy, with delays of years due to high demand and visa backlogs. It is recommended that applicants familiarise themselves with the specific requirements and procedures outlined by the United States Citizenship and Immigration Services (USCIS) and consult with an immigration attorney.
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Sponsorship for permanent residency
International students can apply for permanent residence in the USA. One way to do this is through sponsorship. There are several ways a foreign national can become a lawful permanent resident of the United States, including through employment, family, ability, and the visa lottery.
Sponsorship by a US Citizen or Permanent Resident Relative
An individual may apply for permanent residency in the United States through sponsorship by a US citizen or permanent resident relative.
Sponsorship by a US University
Some US universities can sponsor international students for permanent residency. For example, Florida Tech attracts a number of outstanding scholars from around the world to study, conduct research, and teach. Faculty and professional staff usually begin their employment at Florida Tech on temporary, non-immigrant work visas such as F-1, J-1, H-1B, O-1, or TN. Once a department identifies an international employee (or "foreign national") it wishes to sponsor, the department should seek consultation with the relevant department to determine sponsorship feasibility and strategy. At Dartmouth, for example, requests to sponsor non-faculty positions must be submitted by the individual school or department to the Office of Visa and Immigration Services (OVIS).
Other Ways to Obtain Permanent Residency
Other ways to obtain permanent residency in the United States include through employment, family, ability, and the visa lottery. Obtaining permanent residency through employment requires an in-depth review and analysis of each individual case, taking into consideration the position being offered along with the foreign national's full immigration history, academic credentials, professional experience, standing in the larger academic community, and reputation within the field of expertise. Immigrant visas are awarded based on a preference system and a priority date. The preference system refers to the various immigration categories under which an individual is approved for US residency. The priority date is the date assigned to the residency application when it is submitted to the Department of Labor or the Bureau of Citizenship and Immigration Services (BCIS).
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Frequently asked questions
Permanent residence in the USA, also known as a "Green Card", allows foreign nationals to live and work in the United States on a permanent basis.
International students can apply for permanent residence in the USA through a variety of means, including sponsorship by a U.S. citizen or permanent resident relative, or through employment. The process is complex and requires an in-depth review of each individual case, taking into consideration the applicant's immigration history, academic credentials, and professional experience.
There are two main types of visas available for international students: nonimmigrant visas for temporary stays, and immigrant visas for permanent residence. Immigrant visas are further divided into five employment-based "preference" categories, with a limit of 140,000 visas issued per fiscal year.
