Janice Lozano
While there is no direct path for international graduate students to become US citizens, there are several options for staying and working in the US after graduation. The first step is usually to transition from student status to permanent residency, which can be done through family relationships, employment sponsorship, or refugee and asylee status. For example, an F1 student visa allows for up to one year of post-completion practical training, and an H-1B visa is a nonimmigrant classification for temporary employment in specialty jobs requiring a bachelor's degree. After this, an employer can apply for a green card on your behalf, which is a long and complex process. Finally, after obtaining permanent residency, you can apply for citizenship.
| Characteristics | Values |
|---|---|
| Student Visa | F1 |
| Post-completion practical training | Up to 1 year |
| Practical training options | OPT, H-3 trainee visa |
| Nonimmigrant visa | H1-B |
| Permanent residency | Green Card |
| Permanent residency options | Family relationship, employment sponsorship, diversity immigrants, refugees and asylees, Green Card Lottery |
| Employment-based immigrant visa requirements | Labor certification |
| Temporary employment requirements | Specialty jobs requiring a bachelor's degree |
| Temporary employment duration | 3 years, extendable by additional 3 years |
| Commercial enterprise requirements | $1 million investment ($500,000 in underdeveloped areas), employment of 10 US citizens or permanent residents, management of day-to-day business |
| Citizenship options | Marriage to a US citizen, extraordinary abilities or achievements |
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What You'll Learn
Understanding the difference between nonimmigrant and immigrant visas
International graduate students on F1 visas are granted temporary stay in the US with the intention to return to their home country after their visa ends. However, if they wish to remain in the US, they may consider the following options to transition from student status to permanent residency and eventually, citizenship.
The US offers two types of visas: nonimmigrant and immigrant. Nonimmigrant visas are issued to foreign nationals who wish to enter the US on a temporary basis for tourism, medical treatment, business, temporary work, or
On the other hand, immigrant visas are issued to foreign nationals who intend to live and work permanently in the US. Immigrant visas do not expire and are a path to permanent residence. Applicants for immigrant visas must provide evidence of their ties to their home country and their intention to return, unless they are applying for ""dual intent" visas, which allow for legal immigration plans to obtain permanent residency. Immigrant visas are typically sponsored by a relative or employer, although certain applicants can petition on their own behalf.
If you are a nonimmigrant visa holder and wish to change to an immigrant visa, you should consult an immigration lawyer to discuss your options.
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Obtaining permanent residency (Green Card)
Obtaining permanent residency in the US (also known as a Green Card) is a long and complex process. There are four main routes to achieving this: family relationships, employment sponsorship, diversity immigrants, and refugees and asylees.
The most common route for graduates is through employment. The first step is to find a job and an employer willing to petition and apply for an H1-B visa on your behalf. This visa is a nonimmigrant classification for temporary employment in specialty jobs that require a bachelor's degree. It lasts for three years, with an option to extend for a further three. However, H1-B visas are capped at 65,000 per year, with an additional 20,000 for those with advanced degrees. Due to the high demand, USCIS has established a lottery system for selecting applicants.
Towards the end of the six-year period on the H1-B visa, your employer will need to apply for a Green Card through an H1-B visa petition. This process typically takes several years and requires the employer to obtain labor certification, ensuring that no qualified US workers are available for the position.
Another option is to apply for an F1 OPT visa, which allows international students to work in the US for up to one year after graduation. This can be extended if you are in a STEM field of study. However, options are limited after this visa expires.
Alternatively, you could look for a US-based company in your home country that may be willing to hire you and transfer you to the US on an L1 visa. After a few years, they may be willing to sponsor your Green Card application.
Finally, you could try your luck with the Green Card Lottery, though this is highly competitive.
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Employment-based visas
International students in the US who wish to become citizens typically transition from student status to permanent residency. This can be done through various pathways, including family relationships, employment sponsorship, and more. Here is an overview of the process for international graduate students seeking US citizenship through employment-based visas:
F-1 Visa
The F-1 visa is a nonimmigrant visa that allows international students to temporarily stay in the US with the intention to return to their home country after their visa expires. F-1 students can apply for Optional Practical Training (OPT), which provides up to 12 months of practical training related to their field of study. Students with STEM degrees may be eligible for a 24-month extension.
H-1B Visa
After completing their OPT, international students can transition to the H-1B visa, a nonimmigrant classification for temporary employment in specialty jobs requiring a bachelor's degree. Students cannot directly apply for the H-1B visa themselves; instead, they must find an employer willing to petition and apply for the visa on their behalf. The H-1B visa is valid for three years, with a possible extension of an additional three years. However, the number of H-1B visas is capped annually, making this step competitive.
Employer-Based Green Card
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 the employer-based immigrant visa process, which falls under five preference categories. Obtaining a Green Card through employment typically requires the employer to apply for labor certification, ensuring that no qualified US workers are available for the position. This process can be lengthy and challenging.
Permanent Residency and Citizenship
Once an international student obtains permanent residency through an employment-based Green Card, they can explore pathways to US citizenship. While there is no direct path from international student to US citizen, it is possible to transition through the steps outlined above, demonstrating the importance of careful planning and navigating the complex immigration system.
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The F1 OPT option for post-grad work
International students in the US on an F1 visa are granted temporary stay in the country, with the intent to return home after their visa ends. However, F1 students can apply for Optional Practical Training (OPT) to work in the US after graduation. OPT is a type of temporary employment authorisation directly related to an F1 student's major area of study.
To be eligible for OPT, students must have been lawfully enrolled full-time for one academic year at a college, university, conservatory, or seminary certified by the US Immigration and Customs Enforcement (ICE) Student and Exchange Visitor Program (SEVP) to enrol F1 students. Students can apply for OPT authorisation for up to 12 months before or after completing their academic studies. However, all periods of pre-completion OPT will be deducted from the available period of post-completion OPT.
Students must receive approval for their Form I-765 and receive their Employment Authorisation Document (EAD) before beginning their OPT. The OPT application process typically takes around three months. Students with a STEM degree from the STEM Designated Degree Program List can apply for a 24-month extension of their OPT authorisation.
After OPT status expires, students can shift to an H-1B visa, a non-immigrant classification for temporary employment in specialty jobs requiring a bachelor's degree. Students must find an employer who will petition and apply for the H-1B visa on their behalf. The H-1B visa lasts for three years, with an option to extend for an additional three years.
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The H-1B visa for specialty jobs
International graduate students can take several pathways towards becoming citizens of the USA. One option is to obtain a nonimmigrant visa like the F1 visa, which allows for temporary stay with the intention to return home after its expiry. Alternatively, international students can pursue an immigrant visa petition, such as an Employer-Based visa, which provides permanent worker status. The H-1B visa is another option for international students seeking to transition from student status to permanent residency in the US.
The H-1B visa is a non-immigrant visa that allows US employers to hire foreign workers for specialty jobs that require a bachelor's degree or its equivalent. These specialty occupations demand a specific set of specialized skills, knowledge, and educational qualifications. Examples include IT specialists, engineers, scientists, and healthcare professionals. The H-1B visa is typically valid for an initial period of up to three years, which can be extended for an additional three years, for a total stay of up to six years.
To obtain an H-1B visa, the prospective international employee must meet certain requirements, such as possessing the necessary educational qualifications, and the position they are applying for must be classified as a specialty occupation. The process begins with the employer/agent submitting a certified Labour Condition Application (LCA) to the Department of Labor (DOL), followed by filing Form I-129, Petition for a Nonimmigrant Worker, with the US Citizenship and Immigration Services (USCIS). If the petition is approved, the prospective H-1B worker can apply for the H-1B visa with the US Department of State (DOS) at a US Embassy or Consulate.
It is important to note that the H-1B visa is subject to an annual cap of 65,000 visas, with an additional 20,000 visas allocated for advanced degrees. Due to the high demand and limited availability, a lottery system has been established to randomly select applicants. The H-1B visa is a competitive option for international students seeking to work in specialty occupations in the US, and it provides a pathway towards obtaining permanent residency and, ultimately, US citizenship.
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Frequently asked questions
The first step is to obtain a "Green Card", which grants you permanent residency in the US. This can be done through family relationships, employment sponsorship, or by winning the Green Card Lottery.
You will need to find a job and an employer who will petition and apply for an H1-B visa for you. This visa is a nonimmigrant classification for temporary employment in specialty jobs that require a bachelor's degree.
One alternative is to invest either $1 million (or $500,000 in underdeveloped areas) in a new commercial enterprise that employs 10 US citizens or permanent residents on a full-time basis.
