International Students: Getting A Green Card Simplified

International students in the US on an F1 visa who are hoping to get a Green Card face a difficult process, with many requirements to meet. While the US does not explicitly prohibit international students from trying to get a Green Card, it is not a direct path, and students cannot enter the US on an F1 visa with the intent to gain lawful permanent residency. However, there are several options for gaining a Green Card, including changing status from an F1 visa to a dual-intent visa, which allows you to apply for a Green Card. This can be done by finding an employer who will sponsor you for an employment-based Green Card or by marrying a US citizen or lawful permanent resident.

Getting an F-1 visa

The F-1 Visa is a non-immigrant visa that allows international students to enter the US and study at institutions certified by the Student and Exchange Visitor Program (SEVP). It is the most popular type of student visa for students seeking to study at a US academic institution.

To be eligible for an F-1 visa, you must:

• Be enrolled as a full-time student at an accredited college, university, seminary, conservatory, academic high school, elementary school, or other academic institution, including language training programs.
• Be proficient in English or be enrolled in courses leading to English proficiency.
• Have sufficient funds available for self-support during the entire proposed course of study.
• Maintain a residence abroad which you have no intention of giving up.
• Be enrolled in a program or course of study that culminates in a degree, diploma, or certificate, and your school must be authorized to accept international students.

To apply for an F-1 visa, you will need to complete the following steps:

• Submit your DS-160 visa application online.
• Print the application form confirmation page to bring to your interview.
• Schedule a visa interview at the nearest US embassy or consulate.
• Attend the visa interview, where you must prove you have the funds to cover your studies and confirm your plan to return home after completing your studies.
• After a successful interview, you will be granted your F-1 visa and can study in the USA.

It is important to note that F-1 students are not allowed to work off-campus during their first academic year. However, they may accept on-campus employment under certain conditions. After the first year, F-1 students may engage in specific off-campus employment opportunities, including the Science, Technology, Engineering, and Mathematics (STEM) Optional Practical Training Extension (OPT). Any off-campus employment must be related to the student's area of study and authorized by the Designated School Official before starting work.

Getting a job with a US employer

The F1 student visa is a single-intent visa, meaning you enter the US with the intention to study and return to your home country once you finish your studies. This means that an F1 visa is not a direct path to a green card, and you cannot enter the US on an F1 visa with the intent to gain lawful permanent residency. However, there are a few paths you can follow after an F1 visa that could lead to a green card.

One option is to change your status from an F1 visa to a dual-intent visa, which would be a nonimmigrant work visa that allows you to later apply for a green card. The F1 visa to dual-intent visa adjustment can happen after a certain period of time has passed. Dual-intent visas include some of the H nonimmigrant visas, such as the H-1B visa. After completing their degree, F1 students can continue working in the US for about 12 months under the OPT program, which allows international students to gain some work experience in the US.

Once you are on a dual-intent visa, you can find an employer who will sponsor you for an employment-based green card. The employer must petition for you to the US Citizenship and Immigration Services (USCIS) and get approval. The USCIS has specific requirements for international students seeking employment, including that any off-campus training or employment must be related to their area of study and must be authorized by the Designated School Official and USCIS.

Another option for a green card is the EB-1 visa for persons with extraordinary abilities, including outstanding professors and researchers, people with extraordinary abilities in arts, science, business, athletics, or education, and executive managers who have worked at a foreign branch of a US company for the past three years. The EB-1 visa is unique because an applicant can either self-petition or find a job in their field with an employer willing to sponsor them. However, getting an EB-1 visa is quite difficult since the requirements are extensive, and very few people can meet them.

Finally, if you marry a US citizen or lawful permanent resident, you become eligible to adjust your status and obtain a green card. However, be aware of the 90-day rule, which is a guideline that USCIS uses to determine whether a person likely committed immigration fraud. If you entered the US on an F1 visa, you should wait at least 90 days before getting married, or your green card will be denied on the presumption of immigration fraud.

Getting an EB-1 visa

The EB-1 visa is an employment-based, first-preference visa. It is an immigrant visa classification with three distinct sub-categories: EB1-A, EB1-B, and EB1-C. The EB-1 visa and green card are not the same, but they are connected. The EB-1 is a specific type of employment-based visa that allows qualified individuals to apply for a green card, which confers the right to live and work permanently in the US.

To qualify for an EB1-A visa, you must show that you have an extraordinary ability or achievement. You can prove this by showing that you have received a major international award, such as an Oscar or the Nobel Peace Prize. If you haven't won such an award, you can still qualify by meeting at least three of the ten listed criteria. These include:

• Receipt of lesser nationally or internationally recognized prizes or awards for excellence in your field
• Membership in associations in your field that require outstanding achievements of their members
• Published material about you in professional or major trade publications or other major media relating to your work in your field
• Participation, either as an individual or as part of a panel, as a judge of the work of others in the same or an allied field

To qualify for an EB1-B visa, there are three main requirements:

• You are internationally recognized as being outstanding in an academic field
• You have at least three years of experience teaching or conducting research in your field
• You have a job offer in the US to work as a researcher or in a teaching position at a university or institution of higher education, or as a researcher for a private employer

The EB1-C visa is reserved for multinational managers and executives. This visa allows a foreign company to transfer a manager or executive to a related US company.

To apply for an EB-1 visa, you must file a Form I-140, Petition for Alien Worker. The filing fee for this form is $715, and it is paid by the employer sponsoring the applicant. The processing time for Form I-140 is currently averaging 7.6 months.

Marrying a US citizen

Firstly, you must complete Form I-130: Petition for Alien Relative. This form serves to establish that you are legally married to a US citizen or green card holder. Along with the completed form, you must submit your marriage certificate and other documents that demonstrate your marriage's legitimacy, such as a joint lease, bank statements, or photos of you and your spouse. If you have been married before, you will need to provide documentation proving that the previous marriage has ended.

Once Form I-130 is approved by the United States Citizenship and Immigration Services (USCIS), the process diverges depending on whether you are living in the US or abroad. If you reside in the US, you will need to wait for a green card to become available in the Visa Bulletin, which typically takes 8-10 months. Subsequently, you must submit Form I-485, which has a processing time of 9-11 months. The final steps include an interview and approval of your application, which concludes the process. From the date of filing Form I-130, the entire procedure takes approximately 29-38 months.

On the other hand, if you are living outside the US, after Form I-130 is approved, your file will be sent to the US Department of State's National Visa Center (NVC). The NVC will notify you with important case information and instruct you on the next steps, including submitting your NVC filing package. You will then need to submit Form DS-260, which is your actual green card application, filed through the Consular Electronic Application Center (CEAC). The total time frame for receiving your green card is about 11-17 months from the date of filing Form I-130.

It is important to note that there are associated fees with the green card application process. The government filing fees amount to $445, and the total cost, including medical examinations, is approximately $1,760 for applicants residing in the US and $1,200 for those applying from abroad. Additionally, hiring a lawyer to assist with your case may cost an additional $2,000 to $6,000.

Moreover, as the spouse of a US citizen, you are eligible for a marriage-based green card, which puts you on a fast track to US citizenship. Typically, you would need to be a lawful permanent resident for at least five years to become a US citizen. However, with a marriage-based green card, you only need to wait three years before applying for citizenship, provided you meet the residency, physical presence, and continuous residence requirements.

Investing in a US commercial enterprise

One path to obtaining a Green Card as an international student is by investing in a US commercial enterprise. This method can be a great option for those with the financial means, as it allows them to gain permanent residency while also investing in a business venture. Here's a step-by-step guide on how to navigate this process:

The first step is to identify a commercial enterprise that meets the requirements set by the United States Citizenship and Immigration Services (USCIS). The investment must be made in a new or existing for-profit entity that is based in the US. This could include a wide range of businesses, such as corporations, partnerships, sole proprietorships, or entrepreneurial ventures. It's important to ensure that the enterprise is engaged in lawful activity and is not considered a passive investment, such as investing in a well-established business solely to maintain your investment.

Once you've identified a suitable commercial enterprise, you need to make a significant investment. The minimum investment amount is typically $1.8 million, but if you invest in a targeted employment area (TEA), which is a rural area or one with high unemployment, the minimum investment requirement is $900,000. Your investment must result in the creation or preservation of at least 10 full-time jobs for qualified US workers within a two-year period. It's important to carefully plan your investment strategy and ensure that the enterprise has the potential to create the required number of jobs.

When making your investment, it's crucial to ensure that the capital is invested in an "at-risk" manner. This means that the investment should have a potential for gain as well as a risk of loss. Simply lending money to a business or investing in a guaranteed return arrangement will not satisfy this requirement. The investment must be made in the form of cash, equipment, inventory, or other tangible assets. Investing in a new commercial enterprise allows you greater flexibility in the source of funds, as you can use funds gathered from a variety of sources, including gifts, loans, or investments.

After making your investment, you can petition for a Green Card by filing Form I-526, Immigrant Petition by Alien Entrepreneur, with the USCIS. This form requires you to demonstrate that your investment meets all the eligibility requirements. Along with this form, you'll need to provide extensive documentation, including evidence of your investment, the commercial enterprise's business plan, financial projections, and proof that the investment capital was obtained through lawful means. The processing times for Form I-526 can vary, so it's important to stay updated with the USCIS processing times page.

Once your Form I-526 is approved, you can move forward with the Green Card application process. If you are already in the US on a valid nonimmigrant visa, you can adjust your status by filing Form I-485, Application to Register Permanent Residence or Adjust Status. If you are outside the US or your nonimmigrant visa status does not allow for adjustment of status, you will need to go through consular processing at a US embassy or consulate in your home country. During this stage, you may also be required to undergo a medical examination and provide additional documentation.

Frequently asked questions