Janice Lozano
International students who wish to apply for permanent residence in the USA can do so through employment. The process of obtaining permanent residency in the USA is complex and requires an in-depth review and analysis of each individual case. The department or employer will sponsor the application to the USCIS and will be involved in the entire process. There are only 140,000 permanent resident visas issued per fiscal year, and they are divided into five employment-based preference categories.
| Characteristics | Values |
|---|---|
| What is permanent residency? | Lawful Permanent Resident (LPR) status is conferred on those foreign nationals who have received approval to immigrate to the United States. |
| What is the process of obtaining permanent residency? | The process of obtaining permanent residency is complex and can be done through a variety of means, including sponsorship by a U.S. citizen or permanent resident relative, employment, or investment. |
| What is a Green Card? | A Green Card is proof of permanent residency in the U.S. |
| What is the difference between an F-1 and M-1 visa? | The F-1 Visa (Academic Student) allows you to enter the U.S. as a full-time student at an accredited academic institution. The M-1 visa (Vocational Student) includes students in vocational or other non-academic programs, other than language training. |
| What is the quota for permanent resident visas? | Only 140,000 permanent resident visas may be issued per fiscal year (October through September). |
| How are immigrant visas awarded? | 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 U.S. residency. |
| What is the role of the Department of Labor (DOL) and USCIS? | The DOL processes labor certification applications for sponsored employees, while USCIS handles legal permanent resident status applications. |
| What is the Student and Exchange Visitors Program? | The Student and Exchange Visitors Program provides information on student and exchange visitor visas and employment opportunities in the U.S. |
What You'll Learn
Permanent residence requirements
International students can apply for permanent residence in the USA. However, the process of obtaining a Green Card, or permanent residency, is complex.
To live and work in the United States on a permanent basis, a foreign national must become a Lawful Permanent Resident (LPR). LPR status is given to foreign nationals who have received approval to immigrate to the US. They are then provided with an Alien Registration Card, or a Green Card, as proof of their permanent residency.
There are a number of ways to become a US resident. One way is through employment. This requires an in-depth review of the position being offered and the individual's immigration history, academic credentials, professional experience, and standing in the academic community, among other factors.
Another way to obtain permanent residency is through sponsorship by a US citizen or permanent resident relative. Each year, the US government sets a level for the number of individuals who may immigrate to the country, and these visas are allocated equally to each country. If a country has a low rate of immigration to the US, its citizens will generally be immediately eligible to apply for permanent residency. However, if a country exceeds 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 immigrate to the US as Lawful Permanent Residents.
Permanent Residence Visas
There are 140,000 permanent resident visas issued per fiscal year (October through September). These are divided between five employment-based "preference" categories. No more than 7% of visas can be granted to natives of any single foreign country in each fiscal year.
University Support
Some universities, such as Florida Tech and Carnegie Mellon, provide resources and guidance on permanent residency for international students and scholars. They also offer support for employees seeking permanent residence through employment sponsorship.
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Student visa types
International students can apply for permanent residence in the USA, but the process is complex. The United States Citizenship and Immigration Services (USCIS) or the Department of State must grant approval, and an immigrant visa number must be available. Each year, the US government sets a limit on the number of individuals who can immigrate.
The US government offers three primary student visa types: F, J, and M.
F-1 Student Visa
The F-1 visa is for full-time international students pursuing academic studies at an accredited US college, university, or English language institute. Students must first apply and be accepted by a US institution of higher education certified by the Student Exchange and Visitor Program (SEVP).
J-1 Exchange Visa
The J-1 visa is for exchange visitors, including students, visiting professors, researchers, and short-term visiting scholars participating in an exchange program involving high school or university study. Institutions designated to place participants in Academic Exchange programs (J visas) must be accredited.
M-1 Student Visa
The M-1 visa is for full-time international students pursuing non-academic or vocational study or training in the United States. Like the F-1 visa, students must first be accepted by an SEVP-certified institution.
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Employment-based routes
International students can apply for permanent residence in the USA through various routes, including employment-based routes. The process of obtaining a Green Card through employment requires an in-depth review and analysis of each individual case, taking into consideration the position offered, the applicant's immigration history, academic credentials, professional experience, and reputation within their field.
There are several categories of employment-based (EB) "preference immigrant" statuses that an international student may fall under. These include:
- EB-1: Aliens with extraordinary abilities, outstanding professors and researchers, and certain multinational managers and executives.
- EB-2: Aliens who are members of professions holding advanced degrees or who have exceptional abilities, including national interest waivers.
- EB-3: Skilled workers, professionals, or other workers.
- EB-4: Special immigrants, such as religious workers and special immigrant juveniles.
- EB-5: Immigrant investors.
To be eligible for a Green Card under the EB-1, EB-2, or EB-3 categories, applicants must meet certain requirements. They must properly file Form I-485, Application to Register Permanent Residence or Adjust Status, and be physically present in the United States at the time of filing. They must also have been inspected and admitted or inspected and paroled into the country. Additionally, an immigrant visa must be immediately available at the time of filing Form I-485 and when the USCIS makes its final decision.
It is important to note that each country is allocated an equal number of immigrant visas annually, and the availability of visas can vary depending on the demand from each country. The process of obtaining a Green Card through employment can be complex, and it is recommended to carefully review the specific requirements and procedures for each category.
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Sponsorship
International students can apply for permanent residence in the USA. One of the ways to do this is through sponsorship.
The process of obtaining US permanent residency is complex and requires an in-depth review and analysis of each individual case. For instance, Florida Tech can only pursue permanent residence sponsorship for individuals whose particular immigration status, visa history, and situation would not preclude it. The applicant must meet the criteria for the "Outstanding Professor/Researcher" classification or the "Optional Special Recruitment and Documentation" provisions.
The university's Office of Visa and Immigration Services (OVIS) handles permanent residence sponsorship. Requests to sponsor non-faculty positions must be submitted by the individual school or department to OVIS. The university will then file the necessary immigrant visa petition along with evidence that the applicant meets the eligibility criteria. The applicant must also file the Adjustment of Status (AOS) application with the US Citizenship and Immigration Services (USCIS). The AOS application includes Form I-485 and other documentation. The processing time for each stage of the permanent residence process varies, but the entire process can take anywhere from 1.5 to 6 years.
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Application processing times
The processing time for international students applying for permanent residence in the USA varies depending on the application method and the applicant's country of birth. The entire process, from start to finish, can take anywhere from 1.5 to 6 years.
One of the ways to obtain permanent residence in the USA is through employment. In this case, the university or department will often sponsor the applicant and consult with them to determine the best strategy to obtain permanent residency. The university or department may also provide a pre-approved immigration attorney to handle the case. The attorney will then file the necessary petitions and applications, such as Form I-485 and the I-140 immigrant visa petition, with the U.S. Citizenship and Immigration Services (USCIS).
The I-140 petition is used to establish that the applicant meets the eligibility criteria, such as demonstrating an exceptional record of scholarly achievement, including teaching and/or research experience, publications, awards, and recognition in their field. The USCIS now requires interviews for all employment-based applications, and the processing time for each stage can vary.
Another factor affecting processing times is the preference system and priority date. The preference system refers to the 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). The availability of immigrant visa numbers also plays a role in processing times, as some countries may have more applicants than available visas, resulting in a backlog and longer wait times.
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Frequently asked questions
A lawful permanent resident (LPR) is a foreign national who has received approval to immigrate to the United States on a permanent basis. They are given immigrant visas and provided with a Green Card as proof of their permanent status.
There are a number of ways for an international student to become an LPR in the USA. One way is through sponsorship by a U.S. citizen or permanent resident relative. Another way is through employment, which requires an in-depth review and analysis of the individual's immigration history, academic credentials, professional experience, and reputation within their field.
There are two main types of visas for international students in the USA: the F-1 Visa and the M-1 Visa. The F-1 Visa is for full-time students enrolled in an academic program at an accredited academic institution, while the M-1 Visa is for students in vocational or other non-academic programs.
F-1 students may not work off-campus during their first academic year but may accept on-campus employment subject to certain conditions. After the first year, they may engage in three types of off-campus employment: Curricular Practical Training (CPT), Optional Practical Training (OPT), and Science, Technology, Engineering, and Math (STEM) OPT Extension.
The process of obtaining U.S. permanent residency is complex and involves a variety of steps, including submitting an application to the Department of Labor or the Bureau of Citizenship and Immigration Services (BCIS). It is recommended to consult with a qualified immigration attorney for specific guidance on the process.
