Savanna Hoffman
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 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. Students can also gain work experience in their area of study through Optional Practical Training (OPT), which can lead to employer sponsorship and a green card. However, it is important to note that marriage does not guarantee a green card, and there are specific requirements and processes to follow.
| Characteristics | Values |
|---|---|
| Visa Type | F-1 Student Visa |
| Requirements | Full-time study at accredited US school, including colleges, universities, high schools, elementary schools, seminaries, and language training programs |
| 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, or marry a US citizen or permanent resident |
| Marriage Requirements | Marriage must be genuine and follow immigration law; if marriage is less than two years old when the green card is received, conditions must be met to remove conditions |
| Other Considerations | Curricular Practical Training (CPT) and Optional Practical Training (OPT) can provide work experience and potentially lead to employer sponsorship; national interest waiver may eliminate need for employer sponsorship |
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What You'll Learn
Marriage to a US citizen
International students on an F-1 visa can pursue various pathways to obtain a green card, one of which is marriage to a U.S. citizen or lawful permanent resident. This route is commonly known as obtaining a marriage-based green card.
Marriage-based green cards are a valid option for international students, but it is crucial to ensure that the relationship is genuine and complies with immigration laws. If an international student marries a U.S. citizen or lawful permanent resident, they become eligible to obtain a green card. However, if the marriage is less than two years old when the green card is issued, it will be considered a conditional green card. In such cases, the couple will need to provide proof to the United States Citizenship and Immigration Services (USCIS) that their marriage is authentic to have the conditions removed. This process is implemented by the USCIS to prevent and detect immigration fraud.
To initiate the process of obtaining a green card through marriage, international students must apply to the USCIS to adjust their status to become permanent residents. It is recommended to consult an experienced immigration attorney to guide students through the process and ensure all necessary documentation is submitted correctly.
The general requirements for obtaining a marriage-based green card include:
- Forms and Fees: Submission of Form I-485, Application to Register Permanent Residence or Adjust Status, along with the corresponding filing fees.
- Marriage Certificate: A copy of the marriage certificate is required to validate the marriage.
- Evidence of Termination of Previous Marriages: If applicable, provide proof of the legal termination of any prior marriages, such as a divorce decree or certificate, or a death certificate.
- Birth Certificates: Both the applicant and their spouse's birth certificates are needed.
- Passport: A copy of the passport page with the nonimmigrant visa and admission or parole stamp is required.
- Other USCIS Forms and Photographs: Several other USCIS forms must be completed, and photographs must be submitted according to USCIS specifications.
It is important to note that while marriage to a U.S. citizen or lawful permanent resident makes an international student eligible for a green card, there may be additional requirements and considerations based on individual circumstances. The USCIS strongly advises international students to maintain their full-time registration in their degree program until they graduate or their permanent residency is approved. This precaution ensures that they can remain in the U.S. in a non-immigrant status if their permanent residency application is denied.
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Sponsorship by an employer
International students can pursue various pathways to obtain a Green Card in the United States. One common route is through employment-based sponsorship, where a US employer sponsors the student's visa. This option is typically available to students who have graduated and obtained a degree, and are thus eligible to work in a field related to their study programme.
There are several visa categories to consider when seeking employer sponsorship for a Green Card. The first is the H-1B visa, a work visa for speciality occupations requiring highly specialised knowledge acquired through at least a bachelor's degree. After six years on an H-1B visa, your employer will need to apply for a Green Card on your behalf. This process is not easy and can take several months, requiring careful planning and initiation while the H-1B visa is still valid. The employer must submit Programme Electronic Review Management (PERM) certification to the Department of Labour (DOL), along with proof that no US workers are available to fill the position.
Another option is the EB-2 visa, which is for members of professions holding advanced degrees or those with exceptional ability, including requests for national interest waivers. The EB-3 visa is also available to skilled workers, professionals, or other workers. For the EB-2 or EB-3 visas, the employer must submit supporting documentation to the US Citizenship and Immigration Services (USCIS), including proof of qualifications and the job offer. The employer must also file a petition and offer a full-time, permanent position.
It is important to find a sponsor early and engage the services of a qualified immigration attorney to guide the process.
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Self-petition for an EB-1 visa
International students on an F-1 visa can pursue various pathways 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 qualify for an EB-1 visa, you must meet one of the following criteria:
EB-1A: Alien of Extraordinary Ability
To qualify as an alien of extraordinary ability, you must demonstrate that you are in the top few percent of experts in your field, either in your home country or internationally. This category is not limited to specific fields and includes athletes and coaches, business and consulting professionals, artists and performers, and researchers in all academic disciplines. To apply, you must file a Form I-140, Petition for Alien Worker. You are not required to have a specific job offer, but you must be entering the US to continue working in the field in which you have extraordinary ability.
EB-1B: Outstanding Professor or Researcher
This category is for individuals in tenure-track or permanent faculty or research positions. To apply, your US employer must file a Form I-140, Petition for Alien Worker, and demonstrate their ability to pay the offered wage.
EB-1C: Multinational Executive or Manager
To qualify as a multinational executive or manager, your US employer must file a Form I-140, Petition for Alien Worker. Similar to the previous category, your employer must demonstrate their ability to pay the offered wage.
It is important to note that the EB-1 visa process can be complex, and it is recommended to consult an immigration attorney to guide you through the legal and regulatory issues.
In addition to self-petitioning for an EB-1 visa, other options for international students to obtain a green card include receiving employer sponsorship, adjusting status to a dual-intent visa, becoming an investor, or marrying a US citizen or lawful permanent resident.
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Adjust status to a dual-intent visa
International students on an F-1 visa in the United States may be able to adjust their status to obtain a green card. One way to do this is by adjusting to a dual-intent visa.
A dual-intent visa allows foreign nationals to be temporarily present in the United States with the intention of possibly immigrating permanently. This is significant because most nonimmigrant visas require that the visitor demonstrates a nonimmigrant intent. Thus, attempting to adjust status to permanent residency with other nonimmigrant visas can potentially trigger long-term immigration problems.
The E-2 treaty trader program is an example of a dual-intent visa. It was created to facilitate trade between the United States and the various countries with which the U.S. has trade agreements. However, immigration law prohibits E-2 nonimmigrants from applying through the adjustment of status process without waiving certain legal rights provided in the trade agreement. For this reason, anyone with an E-2 dual-intent visa that wants to consider permanent residence should consult with an immigration attorney first.
In 2023, USCIS amended its Policy Manual to state that F-1 students may simultaneously "be the beneficiary of a permanent labor certification application or immigrant visa petition." This suggests that F-1 students may be eligible for a dual-intent visa, although this is not explicitly stated.
By filing Form I-485, individuals who entered the United States on a dual-intent visa can generally apply for Adjustment of Status without worrying about their intent at entry. The visa accommodates this possibility. However, visitors whose visa required a nonimmigrant intent must evaluate their situation carefully. Filing for Adjustment of Status or a green card while on a single-intent visa can be difficult, and applicants must not harbour immigrant intent.
In conclusion, adjusting status to a dual-intent visa may be a viable option for international students on an F-1 visa seeking a green card. However, it is important to carefully consider the specific visa category and consult with an immigration attorney to navigate the complex legal landscape.
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Become an investor
International students can obtain a Green Card by becoming investors through the EB-5 Immigrant Investor Program. This program was created in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. The EB-5 visa grants foreign investors and their families a route to securing a Green Card and permanent residency in the U.S., providing them with the right to live, work, and study in the country, as well as enter and exit freely without a visa.
To be eligible for a Green Card as an EB-5 immigrant investor, you must meet certain requirements. Firstly, you must make a substantial investment in a commercial enterprise in the United States. The standard minimum investment amount is $1.8 million, with a minimum investment of $900,000 in a Targeted Employment Area (TEA). TEAs are designated as high unemployment or rural areas. Your investment should either create or preserve at least 10 permanent full-time jobs for qualified U.S. workers.
Additionally, you must be involved in the business you invest in, either through direct management or policy-making. You can choose to invest in a business of your own or in an ongoing project that has been pre-approved by immigration agencies. Alternatively, you can invest through EB-5 regional centers, which are designated to promote economic growth and often have pre-approved projects.
If you are outside the United States, you can apply for the EB-5 visa through consular processing. On the other hand, if you are already in the country, you must meet additional requirements, such as properly filing Form I-485, Application to Register Permanent Residence or Adjust Status, and having an immigrant visa immediately available to you when filing this form.
It is important to note that obtaining a Green Card through the EB-5 visa program can be challenging, and there may be other pathways to consider, such as the EB-2 Treaty Investor visa and the EB-1C visa for managers. Consulting with an immigration lawyer or consultant can provide more detailed guidance on navigating the process and determining your eligibility.
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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. This includes colleges, universities, high schools, and elementary schools.
There are several options for international students on an F-1 visa to obtain a green card:
- Self-petition for an EB-1 visa
- Receive sponsorship from an employer
- Adjust status to a dual-intent visa
- Become an investor
- Marry a U.S. citizen or lawful permanent resident
Marriage to a U.S. citizen or lawful permanent resident does not automatically guarantee a green card. It is advisable to wait at least 90 days after arriving in the U.S. before beginning the process. The marriage must be at least two years old on the day the green card is received for the card to not have conditions attached.
Yes, individuals with a national interest waiver may be able to obtain a green card without an employer's sponsorship. A waiver can be used if your work benefits the U.S. economy, education, or health sectors.
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