Ibrahim Gardner
International students who wish to obtain a green card in the United States face a challenging process, but it is possible. One of the most common pathways is through marriage to a U.S. citizen or permanent resident, which requires meeting certain requirements and adhering to immigration laws. Another option is to self-petition for an EB-1 visa or receive sponsorship from an employer, which can cost them around $10,000 to $20,000. Students can also participate in curricular practical training (CPT) or optional practical training (OPT) to gain work experience and potentially find an employer willing to sponsor their H-1B visa and green card. Additionally, individuals with specific skills or national interest waivers may qualify for a green card without employer sponsorship, but it is recommended to consult an immigration attorney for guidance.
| Characteristics | Values |
|---|---|
| Visa Type | F-1 Student Visa |
| Requirements | Full-time study at accredited US schools |
| Options for Adjustment of Status | Self-petition for EB-1 or EB-3 visa, receive employer sponsorship, adjust to dual-intent visa, become an investor, or marry a US citizen/permanent resident |
| Marriage Requirements | Marriage must be genuine and follow immigration laws; if marriage is less than two years old when the green card is received, conditions apply |
| Work Options | Curricular Practical Training (CPT) or Optional Practical Training (OPT) |
| CPT Requirements | Submission of necessary documents and authorization from Designated School Official (DSO) |
| OPT Requirements | Employment Authorization Document (EAD) from USCIS |
| OPT STEM Extension | 2 years |
| OPT Non-STEM Extension | 1 year |
| OPT Employment | Employer must offer a permanent, full-time job and submit paperwork to USCIS; employer sponsorship cost: ~$10k-$20k |
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What You'll Learn
Marriage to a US citizen
International students can apply for a marriage-based green card if they marry a US citizen. This process is called "Adjustment of Status". The first step is to submit Form I-130, also known as the "Petition for Alien Relative", which must be completed and signed by the US citizen spouse. After this, the international student must file Form I-485, the "Application to Register Permanent Residence or Adjust Status", along with supporting documentation. This includes the required fees, the marriage certificate, evidence of the termination of any previous marriages, birth certificates, photographs, and other USCIS forms.
It is important to note that the marriage must be bona fide, and USCIS may interview the spouses to determine whether the marriage is genuine or entered into for the sole purpose of obtaining a green card. They may ask questions about the relationship, daily routines, and future plans, and review documents such as marriage and birth certificates, tax returns, and joint bank account statements.
Additionally, international students on an F-1 visa must ensure that they do not violate the 90-day rule. If an international student applies for a green card before they have been in the US for more than 90 days, it may raise suspicions about the authenticity of the marriage.
During the green card application process, international students can apply for a work permit using Form I-765, allowing them to work in the US while their application is pending. They can also apply for travel permission using Form I-131 if they need to travel outside the US while their case is pending.
Overall, while the process of obtaining a marriage-based green card as an international student can be overwhelming, it is a common pathway to permanent residency in the US.
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Sponsorship from an employer
International students can pursue various pathways to obtain a US green card through employment. One common route is to secure an employment-based immigrant visa, such as the H1-B visa, which requires sponsorship from a US-based employer. This visa is designed for speciality occupations that demand highly specialised knowledge typically acquired through a bachelor's degree or higher. It is important to note that the H1-B visa has an annual limit, and if demand exceeds the cap, a lottery system is implemented.
The process of transitioning from an H1-B visa to a green card status can be challenging and time-consuming, requiring careful planning. After the maximum period of six years on an H1-B visa, the employer must apply for a green card on the employee's behalf through an H1-B visa petition. Alternatively, the individual may find a new employer willing to sponsor their green card application. The employer needs to submit Programme Electronic Review Management (PERM) certification to the Department of Labour, demonstrating that no US workers are available to fill the position.
Another option for international students is to initially obtain a student visa, such as the F1 visa, which allows them to pursue their studies in the US. After completing their degree, students can utilise the Optional Practical Training (OPT) provision to gain work experience and find employment. The F1 visa can be a pathway to an H1-B visa, which can then lead to a green card. Maintaining F1 visa status and complying with its restrictions, such as not working off-campus during the first academic year, is crucial to keeping future prospects open.
It is essential for international students to understand the specific eligibility criteria, requirements, and application processes associated with each pathway when considering sponsorship from an employer. The process of obtaining a green card can be complex and may involve multiple stages with no guarantee of success. Therefore, thorough research and planning are necessary to increase the chances of a successful outcome.
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National interest waiver
International students on an F-1 visa may seek to obtain a green card and become lawful permanent residents in the United States. However, changing one's immigration status from an F-1 visa to a green card can be challenging.
One way to obtain a green card is through a National Interest Waiver (NIW). The NIW is a category within the EB-2 visa category, which is a second preference employment-based immigrant visa. The EB-2 visa usually requires a specific job offer and an employer-obtained labour certification. However, under the NIW provision, a foreign national may request that these requirements be waived by demonstrating that their admission to permanent residency would significantly benefit the national interest of the United States. This allows the individual to self-petition for an immigrant visa without employer sponsorship.
To qualify for an EB2 NIW, one must first meet the requirements of the EB2 category, which can be satisfied in one of two ways:
- EB2 "Advanced Degree": This can be satisfied by having an advanced degree beyond a baccalaureate degree (e.g., a U.S. or foreign Ph.D., a U.S. or foreign master's, or MD/MBBS).
- Exceptional Ability: This can be demonstrated by having a baccalaureate degree plus five years of progressive work experience in one's field of expertise.
Additionally, to be eligible for a National Interest Waiver, one must provide evidence that their endeavour has substantial merit and national importance. This means providing a detailed description of the proposed endeavour and supporting documentary evidence to establish that it is of national importance. The term ""endeavour" refers to the specific work one proposes to undertake within their occupation, and the potential direct impacts of that work. It is important to note that benefits to a specific employer alone are not sufficient to demonstrate national importance. For example, citing the general importance of classroom teaching or proposing to work in an occupation with a national shortage is typically not enough to qualify for a National Interest Waiver. Instead, one must demonstrate how their work will have broader implications and align with U.S. national priorities.
The process of obtaining a National Interest Waiver can be complex, and it is recommended to consult with an experienced immigration attorney who can guide you through the specific requirements and increase your chances of success.
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Self-petition for an EB-1 visa
International students on an F-1 visa can explore several options to obtain a Green Card and become lawful permanent residents in the US. One option is to self-petition for an EB-1 visa, which is an employment-based, first-preference visa.
To be eligible for an EB-1 visa, you must fall under one of the following categories:
- Alien of Extraordinary Ability: You must demonstrate that you are among the top few per cent of experts in your field, with national or international acclaim for your achievements. You must also show that your continued work in this field will benefit the United States.
- Outstanding Professor or Researcher: Your U.S. employer must file a Form I-140, Petition for Alien Worker, and demonstrate their ability to pay the offered wage.
- Multinational Executive or Manager: Similar to the Outstanding Professor or Researcher category, your U.S. employer must file Form I-140 and demonstrate their financial capability to pay the offered wage.
It is important to note that the EB-1 visa application process can be complex, and it is recommended to consult an immigration attorney or seek legal advice to ensure all necessary documentation is properly submitted.
Additionally, there are other pathways for international students to obtain a Green Card, such as through marriage to a U.S. citizen or lawful permanent resident, employer sponsorship, adjusting status to a dual-intent visa, or becoming an investor. Each option has its own requirements and considerations, and an immigration attorney can provide guidance on the best course of action based on an individual's circumstances.
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Investor visa application
International students on an F-1 visa in the US may be able to adjust their status to obtain a green card. One way to do this is by marrying a US citizen or lawful permanent resident. However, if you are looking specifically for information on investor visas, the following paragraphs will outline the process for applying for a green card through the EB-5 Immigrant Investor Program.
The EB-5 Immigrant Investor Program was created by Congress in 1990 to stimulate the US economy through job creation and capital investment by foreign investors. To be eligible for a green card under this program, investors must make the necessary investment in a commercial enterprise in the United States and plan to create or preserve 10 permanent full-time jobs for qualified US workers. The standard minimum investment amount is $1.8 million, but it can be lower ($800,000) if the investment is made in a targeted employment area or infrastructure project.
The investor does not have to fulfil any special personal requirements in terms of their educational or professional experience. However, they must prove that they have legally acquired the funds being invested. If the investment is not made in a regional center, it must be demonstrated that the investor is involved in the management of the company. Additionally, any criminal records, even minor infractions, can jeopardize the issuance of a visa or green card.
To apply for a green card under the EB-5 program, investors must file a petition, which includes Form I-526, Immigrant Petition by Alien Entrepreneur, and documentation demonstrating compliance with the necessary requirements. If an immigrant visa is immediately available, investors may also file Form I-485, Application to Register Permanent Residence or Adjust Status, to apply for a Green Card without leaving the country. It is advisable to seek legal advice before applying, as there are various strategic considerations depending on the type of investment, economic conditions, and location of the business.
The waiting time for an EB-5 visa is relatively short, as the quota of 10,000 visas per year is rarely exceeded. However, the processing time for the EB-5 petition is much longer, currently taking approximately 48.5 months. Once the petition is approved, the investor will initially receive a conditional green card valid for two years. To obtain a permanent green card, the investor must file another petition (Form I-829) within 90 days of the expiration of the conditional green card and prove that they have fulfilled the requirements of the EB-5 program.
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Frequently asked questions
The F-1 visa is a nonimmigrant student visa that allows foreign nationals to study full-time at accredited schools in the United States.
There are several ways to adjust your status from an F-1 visa holder to a green card holder. These include: self-petitioning for an EB-1 visa, 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 recommended that you wait at least 90 days after arriving in the US before starting the marriage-based green card process. During the processing period, there could be implications for your F-1 status, so it is best to discuss this with an immigration attorney. If your marriage is less than two years old when you receive your green card, it will be conditional, and you will have to prove that your marriage is genuine after a certain period.
Yes, one way is to gain work experience in your area of study through Optional Practical Training (OPT). You must obtain an Employment Authorization Document (EAD) before starting work. During your OPT, you can find an employer who will sponsor your H-1B visa and green card.
