Lana Oconnell
Obtaining permanent residency in the US is a complex process, and there are several ways for international students to become Legal Permanent Residents (LPRs), also known as green card holders. The process involves applying to the federal government via the United States Citizenship and Immigration Services (USCIS) for legal permanent resident status. This can be done through various routes, including employment, family, ability, and the visa lottery. Each country is allocated an equal number of immigrant visas annually, and the process may vary depending on the immigration history and visa availability of the applicant's country.
| Characteristics | Values |
|---|---|
| Immigration status | Legal Permanent Resident (LPR) or "green card" holder |
| Governing body | U.S. Citizenship and Immigration Services (USCIS) |
| Requirements | Employment, family, ability, or visa lottery |
| Visa types | H-1B, J-1, O-1, F-1, TN |
| Visa quotas | 140,000 per fiscal year (October-September) |
| Visa allocation | Equal allocation per country, with a 7% cap per country |
| Visa preference system | Based on immigration categories and priority date of application |
| Sponsoring entities | Department/employer or university |
| Sponsoring requirements | Demonstration that the appointee is the best-qualified applicant |
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What You'll Learn
Employment-based permanent residency
International students can obtain permanent residency in the USA through employment. This process involves gaining a "Green Card" through employment-based immigrant status.
There are five employment-based "preference immigrant" categories, with 140,000 permanent resident visas issued per fiscal year (October through September). These visas are divided among the five categories, with a limit of 7% per country of birth. The five categories are:
- EB-1 - Certain multinational managers and executives.
- EB-2 - Aliens with advanced degrees or exceptional ability, including requests for national interest waivers.
- EB-3 - Skilled workers, professionals, or other workers.
- First Preference Classification - "Outstanding Professor/Researcher".
- Second Preference Classification - "Optional Special Recruitment and Documentation".
To apply for a Green Card through employment, an individual must typically have their department or employer sponsor their application to the United States Citizenship and Immigration Services (USCIS). The department/employer will be involved in the process, including approving the attorney, signing documents, and confirming employment conditions. The department head usually signs these documents. The employer must also meet certain criteria to be eligible to sponsor an employee.
In addition to the preference category, other factors are considered in the application process, including the applicant's immigration history, academic credentials, professional experience, standing in the academic community, and reputation within their field.
It is important to note that there is often more demand for employment-based immigrant visas than availability, which can result in delays of several years. This is due to the preference categories becoming oversubscribed, either by reaching the total category availability or the per-country limit for that category.
To initiate the process of obtaining a Green Card through employment, individuals should reference government websites and consult a qualified immigration attorney for specific advice.
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Family-based permanent residency
There are two types of family-based immigrant visas: Immediate Relative and Family Preference. Immediate Relative visas are for close family members of US citizens, as mentioned above. On the other hand, Family Preference visas are for more distant family relationships with a US citizen and some specified relationships with an LPR. For example, this category includes visas for the spouse and unmarried children of LPRs.
It is important to note that there is a preference system and priority date associated with immigrant visas. The preference system categorizes the various immigration categories under which an individual is approved for US residency. The priority date is the date assigned to the residency application when it is submitted to the relevant department.
The process of obtaining a family-based permanent residency can be complex and may vary depending on specific circumstances. For instance, if an individual's parents are already in the United States and have applied for permanent resident status, they may be eligible to apply for employment and travel authorization while their case is pending.
Overall, family-based permanent residency provides a pathway for international students to establish long-term residency and work authorization in the United States through sponsorship by close US-based relatives.
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Visa lottery
International students can pursue permanent residency in the USA through various pathways, one of which is the visa lottery. The Diversity Visa Lottery program, also known as the Green Card Lottery, is a system that allows individuals to obtain permanent residency status in the United States. This program is typically aimed at individuals from countries with low rates of immigration to the US, as these countries do not typically utilise their allocated immigrant visa quotas.
The Diversity Visa Lottery is one of several methods to obtain permanent residency, with other routes including employment, family sponsorship, and investment. The visa lottery is a competitive process, with only 140,000 permanent resident visas issued per fiscal year. These visas are divided into five employment-based preference categories, with a limit of 7% of visas granted to natives of any single foreign country each year.
For international students, transitioning to permanent residency often involves a journey through different visa categories. Many students start with an F-1 visa, which offers a 12-month Optional Practical Training (OPT) period to gain work experience. Following this, students may transition to an H-1B visa, a common stepping stone to permanent residency, which requires sponsorship from a US employer. The employer can then petition for the student's Green Card.
The process of obtaining a Green Card through employment involves an in-depth review of the individual's immigration history, academic credentials, professional experience, and standing in their academic community and field of expertise. The department or employer typically sponsors the application and is involved in the process, including signing off on key forms and providing letters of recommendation.
While the Diversity Visa Lottery provides an opportunity for permanent residency, it is important to note that the process of obtaining a Green Card is complex and requires careful consideration of an individual's specific circumstances and eligibility.
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Academic credentials
Obtaining permanent residency in the US as an international student is a complex process. One of the routes to a green card is through employment, which requires an in-depth review and analysis of each individual case. Academic credentials are one of the factors considered in this review process.
When applying for permanent residency in the US, an individual's academic credentials will be assessed as part of their overall immigration history. This includes their academic qualifications, such as degrees, certificates, or diplomas obtained from educational institutions. The specific requirements may vary depending on the type of employment-based visa or residency category being applied for.
The academic credentials of an international student applying for permanent residency will be evaluated based on their field of study, the reputation of the educational institution, and the relevance of their qualifications to the position being offered. For example, an individual pursuing residency through employment in an academic environment, such as a university or research institution, may be required to have advanced degrees or specialized expertise in their field.
Additionally, the academic credentials of the individual will be considered in relation to their professional experience and standing in the larger academic community. This includes their research contributions, publications, awards, or recognition within their academic discipline. The evaluation of academic credentials may also involve assessing an individual's teaching experience, especially if they are applying for a faculty teaching position at a university.
It is important to note that academic credentials are not the sole factor in obtaining permanent residency. Other factors, such as employment history, professional achievements, and immigration status, also play a significant role in the overall evaluation process. The specific weight given to academic credentials may vary depending on the individual's unique circumstances and the requirements of the residency category they are applying for.
In summary, academic credentials are an important aspect of the permanent residency application process for international students in the US. A strong academic background, relevant qualifications, and contributions to their field of study can enhance an individual's application. However, it is crucial to understand the specific requirements and considerations for the particular residency category and visa type being pursued.
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Immigration history
The United States Citizenship and Immigration Services (USCIS) is the government agency that confers permanent residency status to international citizens. Permanent residency is also known as "Lawful Permanent Residency" (LPR) or obtaining a "Green Card".
To become a permanent resident, a foreign national must receive approval to immigrate to the United States and is then provided with an immigrant visa (rather than a temporary nonimmigrant visa). Each year, the U.S. government sets a level for the number of individuals who may immigrate to the United States in that year. This number is currently 140,000 permanent resident visas per fiscal year (October through September). These slots are divided between five employment-based "preference" categories, with a limit of 7% of visas going to natives of any single foreign country.
A foreign national may apply for LPR based on different criteria, including family-based petitions, refugee or asylum status, employment, etc. Employment-based petitions require an in-depth review and analysis of each individual case, taking into consideration the position being offered along with the foreign national's full immigration history, academic credentials, professional experience, standing in the larger academic community, and reputation within their field.
Some universities have the ability to file permanent residency petitions for their employees on the basis of employment only. For example, at Carnegie Mellon University, the department/employer can apply to the Department of Labor (DOL) for labour certification under special handling rules for a sponsored employee who is appointed to a faculty teaching position. Similarly, Florida Tech can pursue permanent residence sponsorship for individuals whose particular immigration status, visa history, and situation would not preclude it.
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Frequently asked questions
Permanent residency is an immigration status conferred by the U.S. Citizenship and Immigration Services (USCIS) that allows an international citizen to live and work in the U.S. permanently. This status is also known as a "green card".
There are several ways for an international student to become a Legal Permanent Resident (LPR) of the United States, including through employment, family, ability, and the visa lottery.
An international student can get permanent residency through employment sponsorship. The department or employer will "sponsor" the application to USCIS and will be involved in the process, including signing off on key forms and documents, confirming employment conditions, and providing letters of recommendation.
Each country is allocated an equal number of immigrant visas on an annual basis. If there is no backlog, citizens of these countries are generally immediately eligible to apply for permanent residency.
A Legal Permanent Resident (LPR) has the "permanent" ability to remain in the U.S., whereas a non-immigrant visa holder is in the U.S. temporarily.
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