Janice Lozano
International students who want to pursue their studies in the United States need an F-1 student visa. While it is challenging, it is possible to adjust one's status from an F-1 student visa holder to a green card holder. There are several pathways to achieving this, including self-petitioning for an EB-1 visa, receiving employer sponsorship, adjusting to a dual-intent visa, becoming an investor, or marrying a US citizen or lawful permanent resident. Marriage-based green cards require the relationship to be genuine and to follow immigration law, and there are specific timing considerations and travel restrictions during the application process. Students can also gain work experience through curricular practical training (CPT) or optional practical training (OPT) to increase their chances of finding an employer willing to sponsor their H-1B visa and green card.
| Characteristics | Values |
|---|---|
| Visa Type | F-1 Student Visa |
| Requirements | Work must benefit the U.S. economy, education or health sectors, or other industries |
| Options | Self-petition for an EB-1 visa, receive employer sponsorship, adjust status to a dual-intent visa, become an investor, or marry a U.S. citizen/permanent resident |
| Marriage Requirements | The marriage must be genuine and follow immigration law; if the marriage is less than two years old when the green card is received, conditions must be met |
| Curricular Practical Training (CPT) | Internship, work/study, cooperative education, or other types of required practica offered through an agreement with the institution |
| Optional Practical Training (OPT) | Gain work experience in your area of study; requires an Employment Authorization Document (EAD) from USCIS |
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What You'll Learn
Marriage to a US citizen
International students on an F-1 visa can get married to a US citizen. However, they must file the appropriate forms with the U.S. Citizenship and Immigration Services (USCIS) before their F-1 visa expires. Applying for a marriage-based green card to stay and live legally in the US with a US citizen spouse is called "Adjustment of Status".
The process for obtaining a marriage-based green card differs depending on whether the foreign spouse is living in the US or abroad. If the foreign spouse is living in the US, they must file Form I-485 (Adjustment of Status) with the USCIS. This can be filed at the same time as Form I-130 (Petition for Alien Relative), which must be completed and signed by the US citizen spouse. The I-130 form can be filed online, and the I-485 form can be filed online or by mail. The processing time for both forms is typically around 9.2 months, but times can vary depending on the local USCIS field office.
In addition to the forms, the following supporting documentation is required:
- Required fees
- Marriage certificate
- Evidence of the termination of any previous marriages
- Birth certificates
- Proof of nationality (passport)
- Proof of lawful entry to the US
- Photographs taken according to USCIS specifications
After submitting the forms and supporting documentation, the USCIS will review the application and may conduct an interview with both spouses to ascertain that the marriage is authentic and not entered solely for immigration purposes. If the application is approved, the foreign spouse will receive their green card in the mail and become a permanent resident of the US. They can then apply for US citizenship after three years of marriage to a US citizen.
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Employer sponsorship
International students can get a green card through employer sponsorship. This process is also known as PERM. Firstly, the employer must get an approved labour certification from the United States Department of Labor (DOL). This is to ensure that the interests, wages, and working conditions of the US workforce are protected. The DOL must certify that there is a shortage of qualified workers in the US for the role. The employer must test the labour market, advertise the job, and consider the qualifications of US applicants.
Once the labour certification has been approved, the employer must file various immigration forms with the United States Citizenship and Immigration Services (USCIS) on the employee's behalf. The employee must not be inadmissible to the US for any of the 10 categories of reasons, which include health-related issues and criminal convictions. The employee must also maintain a good-faith intention to work for the sponsoring employer upon receiving their green card.
There are several employment-based visa categories, each with unique requirements and timelines. These include:
- EB-1A: For individuals at the top of their field, eligible for self-petitioning, no PERM required.
- EB-2 National Interest Waiver (NIW): For individuals with work of "national importance", eligible for self-petitioning, no PERM required.
- EB-2 PERM: For individuals with an advanced degree or extraordinary ability, PERM is required.
- EB-3: For skilled, professional, or other workers, PERM required.
It is important to note that not all employers may be willing to sponsor employees for permanent residence. They may have limits on who and when they will sponsor, and some positions may not be appropriate for employer-sponsored categories. Sponsoring an employee for a green card is beneficial for employers as it helps them attract top talent, retain employees long-term, cut costs, and support employee family members.
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Investor visa
The EB-5 Immigrant Investor Program offers international students a route to securing a Green Card and permanent residency in the U.S. The program was created in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors.
The EB-5 Visa has several benefits for international students. Firstly, students applying to U.S. universities with a Green Card have higher acceptance rates compared to international students needing an F1 visa. Secondly, EB-5 Visa holders can live anywhere in the U.S. for as long as they like, without the pressures of ever-changing visa rules. Thirdly, the EB-5 program usually grants a Green Card within 24-30 months, while other routes can involve waiting times of up to 25 years.
To be eligible for the EB-5 Visa, there are two main requirements:
- Invest in a commercial enterprise within the U.S.
- Create or preserve 10 permanent full-time jobs for U.S. workers.
However, within these broad requirements, there are several criteria to meet. Firstly, as of March 15, 2022, investors must contribute at least ₹1,050,000, with a minimum investment of ₹800,000 in a designated Targeted Employment Area (TEA). A TEA is defined as either a high unemployment area or a rural area. Secondly, the investment must be considered 'at-risk', meaning there is no guarantee of repayment, and the capital must be used for business purposes. Thirdly, the investor must be involved in the business, either through direct management or in a policy-making capacity.
The EB-5 Visa is not the only option for international students seeking a Green Card. Other pathways include the EB-2 Treaty Investor Visa, EB-1C Visa for managers, and the EB-1 exceptional ability Visa. However, only the EB-1 and EB-5 Visas are direct employment-based routes to lawful permanent resident status.
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National interest waiver
International students on an F-1 visa may wish to adjust their status to obtain a green card and become a lawful permanent resident in the U.S. While there is no direct path to a green card as a student, there are several options for international students to pursue. One way is to marry a U.S. citizen or lawful permanent resident. Another way is to gain employment with a company that will sponsor your green card application.
One way to bypass the need for employer sponsorship is through a National Interest Waiver (NIW). The NIW is a category within the EB-2 visa category, which is a second preference of employment-based immigrant visas. The EB-2 visa typically requires a specific job offer and an employer-obtained labour certification, but the NIW provision allows a foreign national to request that these requirements be waived if their admission to permanent residency would significantly benefit the national interest of the U.S.
To qualify for an NIW, an individual must first meet the requirements of the EB-2 visa category, which can be satisfied in two ways. The first is to have an advanced degree beyond a baccalaureate degree, such as a master's or Ph.D. The second option is to demonstrate the equivalent of an advanced degree by having a baccalaureate degree plus five years of progressive work experience in the field of expertise.
In addition to meeting the EB-2 requirements, individuals applying for an NIW must provide evidence that their work has substantial merit and national importance. This involves providing a detailed description of the proposed endeavour and supporting documentation to establish that it is of national importance. Benefits to a specific employer are not sufficient to demonstrate national importance. Instead, the individual should clearly lay out the potential direct impacts of their endeavour and how it aligns with U.S. national priorities.
The core benefit of the NIW is that it eliminates the need for labour certification and employer sponsorship, allowing individuals to apply independently. This makes it particularly advantageous for researchers, entrepreneurs, and professionals in non-traditional or cross-sectoral roles.
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Practical training
Firstly, students can seek employment through Curricular Practical Training (CPT) or Optional Practical Training (OPT). CPT allows F-1 visa holders to gain employment related to their field of study, such as a teaching or research assistant, from their university. OPT allows F-1 visa holders to work in jobs related to their field of study for up to 12 months after graduation, with STEM graduates able to apply for an extra 24 months.
During the OPT period, students should try to gain an employer's support for an H1-B work visa. This is a dual-intent visa, which allows the holder to later apply for a green card. The employer must submit Programme Electronic Review Management (PERM) certification to the Department of Labour, proving that no US workers are available to fill the position. Once the maximum period of six years on the H-1B visa is up, the employer can apply for a green card on the employee's behalf.
Another option is to seek an employer who will sponsor an employment-based green card, such as an EB-2 or EB-3 visa. EB-2 visas are for jobs requiring an advanced degree, a bachelor's degree and five years of progressive experience, exceptional ability in certain fields, or a national interest waiver. EB-3 visas are for skilled workers and professionals. In both cases, the employer must file Form I-140 and labour certification.
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Frequently asked questions
International students on an F-1 visa can get a green card by marrying a US citizen or permanent resident. However, the marriage must be genuine and not a sham to obtain a green card. If the marriage is less than two years old when the green card is received, it will come with conditions. After a certain period, the couple will have to prove that their marriage is genuine to get the conditions removed. It is advisable to wait at least 90 days after arriving in the US to start the marriage-based green card process.
Students can get a green card through employment by finding an employer who is willing to sponsor their H-1B visa and green card. The employer will have to advertise the job at the prevailing wage and show that no US citizen or resident is qualified for the job. The employer will also have to bear the cost of the green card process, which can range from $10,000 to $20,000.
Yes, international students can become investors and get a green card through the investor visa application process. An immigration attorney can guide individuals through the process and ensure that all necessary documentation is submitted properly.
CPT is when an F-1 student works for their school through internships, work-study, cooperative education, or other types of required practicums offered through an agreement with the institution. OPT allows students to gain work experience in their area of study. Before beginning work in OPT, students must obtain an Employment Authorization Document (EAD) from USCIS.
