Douglas Olsen
International students who graduate from American schools and obtain a green card have greater rights and privileges in the US than those on a non-immigrant visa. They have the right to live, work, and travel in the country without worrying about their visa status. They also have access to federal financial aid, scholarships, and grants, which can significantly reduce the cost of education. However, the process of obtaining a green card can be confusing and frustrating, and with over 1.1 million international students in the US, it is unclear whether the green card policy can be implemented. This paragraph introduces the topic of how many international students get green cards and provides an overview of the benefits and challenges associated with the process.
| Characteristics | Values |
|---|---|
| Number of international students in the US | 1.1 million |
| Number of international students at the University of Illinois | 11,000+ |
| Number of international students at Parkland College | 300+ |
| International students' countries of origin at the University of Illinois | China, India, South Korea, and Taiwan |
| Chances of getting a green card | Depends on graduating and getting a degree |
| Visa type | F-1 |
| Time allowed outside the US | No more than 5 months |
| H-1B visa requirement | No |
| H-1B visa eligibility | 6 years |
| EB-1 green card eligibility | Demonstrated exceptional skill in science, arts, education, business, or athletics |
| EB-1A green card eligibility | Evidence of receipt of nationally or internationally recognized prizes or awards for excellence |
| EB-1B green card eligibility | Outstanding professors and researchers |
| EB-1C green card eligibility | Multinational manager or executive |
| EB-2 green card | Most common route for F-1 students |
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What You'll Learn
Graduating from a US university is key
Graduating from a US university with an F-1 visa is a crucial step for international students who want to get a green card and stay in the country. While it is not a prerequisite, it helps to keep future prospects open. Maintaining F-1 visa status is important, as it allows students to take advantage of Optional Practical Training (OPT) authorisation and avoid the hassle of reapplying for readmission.
Graduating from a US university can also provide access to better job opportunities, especially in fields related to one's study programme. For example, international students with degrees from US universities may have an easier time finding companies that offer visa sponsorships, which can be crucial for gaining the right to work in the US.
Furthermore, graduating from a US university can provide a pathway to obtaining an H-1B visa, which is a type of work visa that can lead to a green card. The H-1B visa is a challenging but rewarding route, as it requires strong professional connections and proven indispensability in one's industry. After six years on an H-1B visa, an individual becomes eligible for a green card through an employer-sponsored petition.
In addition to the H-1B route, graduating from a US university can also make international students eligible for certain types of employment-based green cards, such as the EB-1 or EB-2. The EB-1 green card is for individuals with extraordinary abilities, outstanding academic reputations, or managerial or executive experience. The EB-2 is a more accessible alternative and is the most common route for F-1 students to obtain a green card.
Overall, graduating from a US university is a key step for international students who want to obtain a green card and build a life in the United States. It provides a strong foundation for future career prospects, visa sponsorships, and eligibility for various types of work visas and green cards. However, it is important to note that the process of obtaining a green card can be confusing and frustrating, and there are additional considerations such as maintaining permanent residency status, adapting to US culture and education, and staying informed about changing immigration policies.
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EB-1 green cards for those with extraordinary abilities
International students seeking to obtain a US green card face a confusing and frustrating process, with policies such as those enacted by President Donald Trump—including ending birthright citizenship—making it more difficult. One source states that Trump has proposed offering green cards to international students who graduate from American schools, but it is unclear whether this policy will be implemented.
One option for international students to obtain a US green card is through the EB-1 visa, which is a first-preference visa for immigrants with extraordinary abilities. EB-1 is a subgroup of employment-based immigration and is available to aliens of extraordinary ability, outstanding professors or researchers, or certain multinational executives or managers. EB-1-A, or EB-1-EA, is a specific category for aliens of extraordinary ability and does not require a prospective employer, unlike other preference categories.
To qualify for an EB-1-A green card, applicants must demonstrate that they have sustained national or international acclaim for their achievements and that they are entering the United States to continue working in the field of their acclaim. Additionally, they must show that their presence and activities will benefit the United States. This can be demonstrated through extensive documentation of their achievements and by meeting the criteria used by the United States Citizenship and Immigration Services (USCIS). One way to qualify is by demonstrating a one-time achievement, such as receiving a major internationally recognized award like the Pulitzer or Nobel Prize.
The EB-1-A green card is advantageous due to its many benefits and faster processing time since there are fewer qualifying applicants. However, the requirements are stringent, and it is a limited category available only to certain applicants with extraordinary abilities. Applicants are advised to consult an attorney to assist with the complicated legal and regulatory issues involved in the application process.
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EB-2 green cards are a more accessible alternative
Although there is no clear data on the number of international students who obtain green cards, there are several pathways for them to do so. One proposal that has sparked interest among international students is Trump's suggestion to offer green cards to international students graduating from American schools. This proposal is viewed as a positive step, particularly in light of the current administration's stance on immigration and deportation. However, some remain sceptical about its implementation, given the challenges in immigration reform.
One option for international students seeking a green card is the EB-2 visa, which is a more accessible alternative. The EB-2 visa is an employment-based, second-preference visa for individuals with advanced degrees or exceptional abilities. It is divided into two sub-categories: the first includes professionals with a master's degree or a bachelor's degree plus five years of experience, while the second encompasses those with exceptional abilities in science, business, or the arts. The EB-2 visa is subject to a quota, but it is rarely reached, resulting in minimal waiting times.
To apply for an EB-2 visa, the applicant must provide evidence of their advanced degree or exceptional ability. Additionally, they must have a job offer from a U.S. employer, who needs to demonstrate that they were unable to find a suitable U.S. employee for the position. However, if the applicant's presence in the U.S. is deemed to be in the national interest, certain requirements may be waived, and a national interest waiver can be applied for.
The application process for an EB-2 green card involves three steps. Firstly, the U.S. employer advertises the job and submits a Prevailing Wage enquiry to the relevant employment agency. Secondly, if the position remains unfilled, the employer submits a Labor Certification Application to the Department of Labor. Finally, once all prerequisites are fulfilled, the application for the EB-2 visa can be initiated. It is important to note that the EB-2 visa is not applicable to workers in the field of education or, with certain exceptions, sports.
The EB-2 visa provides a pathway to a green card, which offers greater rights and privileges than a non-immigrant visa. It allows individuals to live, work, and travel in the U.S. without visa-related concerns. Additionally, the green card is not employment-dependent, providing more stability and flexibility than other visa options.
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H-1B visas are challenging but not necessary
International students aiming to obtain a US green card often face an arduous process, and one option available to them is the H-1B visa. This visa is designed for "highly educated" foreign professionals seeking employment in specialty occupations, which typically require at least a bachelor's degree. Fields such as mathematics, engineering, technology, and medical sciences often qualify. However, obtaining an H-1B visa can be challenging due to strict quotas and high competition.
The H-1B visa process is challenging due to the limited number of visas available each year. The annual cap is set at 65,000 visas, with an additional 20,000 visas allocated for foreign professionals with advanced degrees from US institutions. The high demand for these visas often results in a lottery system, with hundreds of thousands of registrations received each year. For example, in the 2024 fiscal year lottery, there were 758,994 eligible registrations, but only 110,791 people were selected.
To obtain an H-1B visa, both the employer and the prospective employee must navigate a complex process. Employers must first petition for the visa, demonstrating that hiring a foreign worker will not negatively impact US workers. They must also ensure a valid employer-employee relationship, including supervision, control over work assignments, and the provision of necessary tools and resources. Once selected, the employee has around 90 days to apply for the visa, and the initial duration of the H-1B visa is typically three years, which can be extended up to a maximum of six years.
While the H-1B visa can provide a pathway to a US green card, it is not the only option for international students. The H-1B visa process can be lengthy and uncertain, with potential drawbacks such as the risk of children "aging out" of their dependent status and the impact on wages and employment opportunities for US workers in certain fields. Additionally, the H-1B visa may not be necessary for all international students, as there are alternative paths to obtaining a green card.
One alternative path is through graduation from an American school. President Trump has proposed offering green cards to international students who graduate from US institutions, recognizing the economic benefits that these individuals can bring to the country. However, this proposal has sparked doubt, especially considering the large number of international students in the US, which exceeds 1.1 million. Nonetheless, for international students aiming to obtain a green card, maintaining their student status and graduating with a degree are crucial first steps.
In conclusion, while the H-1B visa provides an option for highly skilled foreign professionals to work in the US, it is not the only pathway for international students seeking a green card. The challenges associated with the H-1B visa process, including quotas and complex employer-employee relationships, highlight the importance of exploring alternative options. For many international students, graduating from an American school and leveraging their degree to pursue employment opportunities may be a more feasible path towards obtaining a US green card.
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Green cards offer greater rights and privileges
The number of international students in the United States who could be eligible for a green card is difficult to determine, as there are over 1.1 million international students in the country. However, it is important to note that not all international students seek to obtain a green card.
A US green card offers greater rights and privileges compared to a non-immigrant visa. One of the most significant advantages is the right to live, work, and travel within the country without visa restrictions. Green card holders have procedural rights, which means that only an immigration judge can revoke their green card status. They cannot be turned away at the border or denied entry simply for refusing to answer questions or provide passwords to electronic devices, unlike visa holders.
Green card holders also have the right to apply for government jobs and can serve in the US military. They are eligible for in-state tuition at public colleges and universities, which is typically a lower rate than out-of-state or international student tuition. Additionally, green card holders can sponsor their immediate family members for permanent residency, helping their families gain the same rights and privileges.
Furthermore, green card holders have the right to re-enter the US after travelling abroad without the same risks faced by visa holders. While visa holders may be denied entry and put on the next plane home, green card holders have greater protection. However, it is important to note that long trips abroad or criminal records may raise suspicion at the airport, and green card holders could still face scrutiny or even detention in certain cases.
Obtaining a green card can be a confusing and frustrating process, but it is not impossible for international students. Graduating with a degree is a crucial first step, and maintaining F-1 visa status is important to keep future prospects open. Building strong professional connections and proving one's indispensability in their industry are also key factors in the process of obtaining a green card.
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Frequently asked questions
A US green card grants international students greater rights and privileges in the US than a non-immigrant visa. It allows them to live, work, and travel in the country without worrying about their visa status.
International students must graduate and obtain their degree. They must also maintain their student status as an F-1 visa holder, which includes not leaving the US for more than five months at a time. Additionally, they must have strong professional connections and be indispensable to their industry.
International students can apply for a green card directly as an F-1 student. They can also obtain an H-1B visa and have their employer apply for a green card on their behalf after six years. Alternatively, they can apply for an EB-1 green card if they demonstrate exceptional skill or achievement in specific fields.
Green card holders are eligible for federal financial aid, including research grants and assistantships. They can also access more job opportunities, including internships and government jobs that require US work authorization. Additionally, they may be eligible for in-state tuition rates, which can make education more affordable.
