Lana Oconnell
International students in the US on an F-1 visa who want to become permanent residents can apply for a green card. However, there is no direct path to a green card as a student, and students who enter the US on an F-1 visa with the intention of staying permanently may be considered to have committed immigration fraud. Nevertheless, there are several options for international students to obtain a green card, including through family or employer sponsorship, marriage to a US citizen or lawful permanent resident, or by transitioning to an EB-5 or EB-1 visa.
| Characteristics | Values |
|---|---|
| Visa type | F-1 student visa |
| Requirements | Full-time study at accredited schools in the US |
| Options for obtaining a green card | Self-petition for an EB-1 visa, receive employer sponsorship, adjust status to a dual-intent visa, become an investor, marry a US citizen or lawful permanent resident |
| Requirements for EB-1 visa | Extraordinary achievements in science, education, arts, business, or athletics. Must meet at least 3 criteria or have a one-time major achievement, like a Nobel Prize |
| Requirements for employer sponsorship | Must have a full-time, permanent job offer and the employer must submit necessary paperwork to USCIS |
| Requirements for marriage-based green card | Must be married to a US citizen or lawful permanent resident for at least two years. Must prove the marriage is genuine and not solely for the purpose of obtaining a green card |
| Requirements for investor green card | Must invest a minimum of $800,000 or $1,050,000 in a US commercial enterprise that provides more than ten permanent jobs |
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What You'll Learn
Marriage to a US citizen or lawful permanent resident
To apply for a marriage-based green card, you must submit Form I-130 (Petition for Alien Relative) and Form I-485 (Application to Register Permanent Residence or Adjust Status). Form I-130 must be completed and signed by your spouse, while Form I-485 must be completed and signed by you. If you are married to a green card holder, you will need to wait to receive a visa number before applying for a marriage-based green card.
It is important to note that marriage does not automatically change your immigration status, and you must follow the necessary procedures to adjust your status. Additionally, if you leave the country before your application is processed, your application may be considered "abandoned," and you will have to restart the process from outside the United States.
While it is possible to obtain a marriage-based green card, it is a complex process, and it is always recommended to consult with an experienced immigration attorney to guide you through the specific requirements and procedures.
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Employment-based sponsorship
International students on an F-1 visa are not eligible for a green card directly. However, after graduation, they can transition to a green card through employment-based sponsorship. This process involves a few critical steps and requirements.
Firstly, the prospective employer must be willing to sponsor the international student. This typically involves the employer filing various immigration forms with the United States Citizenship and Immigration Services (USCIS) on the student's behalf. The employer is considered the petitioner, and the student is the beneficiary of the immigration benefits. The employer must also ensure that the student is not inadmissible to the US for any of the specified reasons, such as health-related issues or criminal convictions.
Secondly, the employer must obtain an approved labor certification from the United States Department of Labor (DOL). This process, also known as PERM, requires the employer to demonstrate that there is a shortage of qualified US workers for the position offered to the international student. The employer must advertise the job opportunity and consider the qualifications of US applicants. Additionally, they must obtain a prevailing wage determination from the National Prevailing Wage Center by filing a Form ETA 9141.
Once the labor certification is approved, the employer can proceed with filing the necessary immigration forms. These forms include Form I-140, Immigrant Petition for Alien Worker, and Form I-485, Application to Register Permanent Residence or Adjust Status. The employer must also submit supporting documentation to USCIS, including proof of the student's qualifications and the job offer. It is essential for the international student to work with a qualified immigration attorney to guide them through the process.
There are several employment-based visa categories to consider, such as EB-1, EB-2, and EB-3, each with unique requirements and timelines. For example, the EB-1 visa is for individuals at the top of their field, while the EB-2 visa is for those with advanced degrees or exceptional ability. The EB-3 visa is for skilled workers, professionals, or other workers. It is important to note that the F-1 student visa is a single-intent visa, meaning that the student promises to return to their home country after completing their studies. Therefore, transitioning to a green card through employment-based sponsorship requires careful planning and adherence to immigration laws and procedures.
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EB-1 visa for those with extraordinary achievements
The EB-1 visa is a fast path to permanent residency and a Green Card in the US. It is designed to attract top talent to the country and is an employment-based, first-preference visa. The EB-1 visa is for those with extraordinary ability, outstanding professors or researchers, or certain multinational executives or managers.
To qualify for an EB-1 visa, you must meet certain criteria. Firstly, you must demonstrate that you have sustained national or international acclaim and that your achievements have been recognised in your field of expertise. This can be done by providing evidence of a one-time major internationally recognised award, such as a Nobel Prize, or three of the ten listed criteria, which include:
- Evidence of lesser nationally or internationally recognised prizes or awards for excellence
- Evidence of membership in associations in the field that demand outstanding achievement of their members
- Evidence of published material in professional publications written by others about your work in the academic field
- Evidence of original scientific or scholarly research contributions in the field
- Evidence of authorship of scholarly books or articles in the field
The EB-1 visa has three subcategories: EB-1A, EB-1B, and EB-1C. EB-1A is for individuals with extraordinary abilities in fields such as science, arts, education, business, or athletics. EB-1B is for outstanding professors and researchers, and EB-1C is for multinational executives or managers. Unlike EB-1B and EB-1C, EB-1A does not require a prospective employer, but individuals must be entering to continue working in their chosen field.
If you are an international student in the US on an F-1 visa, you can self-petition for an EB-1 visa to obtain a Green Card. You can also gain a Green Card through other routes, such as receiving sponsorship from an employer, adjusting your status to a dual-intent visa, becoming an investor, or marrying a US citizen or lawful permanent resident. It is important to note that if you entered the US on an F-1 visa, intending to stay permanently, it can be considered immigration fraud. However, if your plans change, there are legal ways to adjust your status and apply for a Green Card.
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National interest waiver
International students on an F-1 visa in the United States can pursue various pathways to obtain a green card. One option is to transition from an F-1 student visa to a green card by securing employment and having an employer-sponsored visa such as EB-2 or EB-3. The EB-2 visa is an employment-based immigrant visa that typically requires a specific job offer and an employer-obtained labour certification.
However, under the National Interest Waiver (NIW) provision, international students can request a waiver of the job offer and labour certification requirements. The NIW is a subcategory of the EB-2 visa and allows individuals to self-petition for an immigrant visa without employer sponsorship. To qualify for the NIW, individuals must demonstrate that their admission to permanent residency would significantly benefit the national interest of the United States. This means providing evidence that their work has substantial merit and national importance, such as benefiting the U.S. economy, education, or health sectors.
The process of obtaining an NIW can be challenging and requires meeting specific criteria. Firstly, individuals must meet the requirements of the EB-2 category, which can be satisfied by having an advanced degree beyond a baccalaureate degree or demonstrating exceptional ability in their field. This can be done by providing academic records, letters from employers documenting extensive experience, professional licenses or certifications, and evidence of exceptional remuneration.
Secondly, individuals must provide a detailed description of their proposed endeavour and supporting documentation to establish its national importance. It is important to note that the benefits to a specific employer are not sufficient to demonstrate national importance. Instead, the potential direct impacts of the endeavour on a broader field or region must be clearly outlined.
Lastly, the USCIS reviews the totality of the evidence when adjudicating NIW requests. While obtaining an NIW can be more difficult than a standard EB-2 visa, it offers a valuable pathway for international students seeking to obtain a green card without employer sponsorship by demonstrating the national significance of their work.
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Becoming an investor
International students can pursue various pathways to obtain a Green Card in the United States. One option is to become an investor through the EB-5 Immigrant Investor Program. This program offers foreign investors and their families an opportunity to secure a Green Card and establish permanent residency in the U.S.
The EB-5 program, administered by the United States Citizenship and Immigration Services (USCIS), was established in 1990 to stimulate the U.S. economy through foreign investment and job creation. The program has specific requirements that investors must meet to qualify for a Green Card.
Firstly, investors must make a substantial investment in a commercial enterprise in the United States. The standard minimum investment amount is $1.8 million, but a reduced amount of $900,000 is applicable if invested in a Targeted Employment Area (TEA). TEAs are designated as high unemployment or rural areas. The investment must be made in a new commercial enterprise that will benefit the U.S. economy.
Secondly, the investment should create or preserve at least ten full-time jobs for qualified U.S. workers. These jobs can be created directly or indirectly through the EB-5 regional center projects. Investors can choose to invest in their own business or opt for pre-approved projects associated with regional centers.
It is important to note that the source of funds for the investment must be documented and legitimate. The processing times for EB-5 visas vary depending on the investor's birthplace, with potential delays for investors from certain countries.
The EB-5 visa provides significant benefits, including the right to live, work, and study anywhere in the U.S. without visa restrictions. It also offers the opportunity for qualifying children of investors to access the U.S. education system with potential reductions in university tuition fees. Additionally, EB-5 visa holders can apply for U.S. citizenship as early as five years after obtaining their Green Card.
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Frequently asked questions
Marrying a U.S. citizen or lawful permanent resident is the quickest way to get a green card as an international student. The current processing time is 9.3 months. However, it is crucial to understand that USCIS closely scrutinizes marriage-based applications to prevent fraud.
The most common way to get a green card as an international student is to find a job with an employer who will sponsor your H-1B and green card. Your employer will start the green card process, which will cost them around $10,000-$20,000.
There are various types of green cards that international students can apply for, including EB-1, EB-2, EB-3, and EB-5. The EB-1 green card is for individuals who have been employed outside the U.S. in a managerial or executive position for at least one year within the three years preceding the petition. The EB-2 is a more accessible alternative and the most common route for F-1 students to obtain a green card. The EB-5 Visa is a good option for addressing concerns such as limited quotas for international student admission and restrictions on the time and conditions under which a student can study and work in the U.S.
