Lori Meadows
As an international student, there is no direct path to getting a green card in the US. However, there are several options you can explore to increase your chances of obtaining one. Firstly, graduating with a degree is crucial as it opens up job opportunities, especially in fields related to your study programme. Maintaining your student status as an F-1 visa holder is important, as this visa allows foreign nationals to study full-time at accredited schools. Be mindful of the time spent outside the US, as prolonged absences can impact your student status and Optional Practical Training (OPT) authorisation. After graduating, you can work for up to 12 months with OPT, while STEM graduates can apply for an additional 24 months. Employment-based sponsorship is a common path to a green card, where your employer sponsors your visa and submits the necessary documentation. Alternatively, you can explore the EB5 investor visa by investing in a US commercial enterprise and creating jobs. Marriage to a US citizen or green card holder is another valid pathway, but it must be a genuine relationship that follows immigration laws. Lastly, if you excel academically or possess extraordinary abilities, you may qualify for an EB1 visa, which can lead to a green card.
| Characteristics | Values |
|---|---|
| Visa type | F-1, M-1 |
| Visa category | Nonimmigrant visa |
| Visa requirements | Enrolled in an academic, language-training, or vocational program; school must be approved; enrolled as a full-time student; proficient in English; sufficient funds for self-support; maintain residence in home country |
| Green card options | Self-petition for EB-1 visa, employer sponsorship, dual-intent visa, US investment, marriage to US citizen |
| EB-1 requirements | Extraordinary achievements in science, education, arts, business, or athletics; meet at least 3 criteria or have a one-time major achievement |
| EB-5 requirements | Invest $800,000 in a US commercial enterprise; create or preserve 10 full-time jobs for US workers |
| Employer sponsorship | Employer must advertise job at prevailing wage and show no US citizen/resident qualifies; cost: $10k-$20k |
| Processing time | 3-4 years |
| Work during processing | Requires separate work visa status (STEM OPT, H-1B) |
| Marriage requirements | Wait at least 90 days after entering the US to get married, otherwise, risk presumption of immigration fraud |
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What You'll Learn
Self-petition for an EB-1 visa
International students in the US on an F-1 visa who wish to obtain a green card face a challenging process. While there is no direct path from student to green card holder, one option for high-achieving students is to self-petition for an EB-1 visa. This is a first-preference visa for immigrants with extraordinary ability in their field.
Eligibility
To be eligible for an EB-1 visa, you must be able to demonstrate extraordinary ability, be an outstanding professor or researcher, or be a high-level executive or manager. To prove extraordinary ability, you must meet at least three of the following criteria:
- Evidence of receipt of nationally or internationally recognized prizes or awards for excellence.
- Membership in associations in your field that require outstanding achievements from their members.
- Evidence of authorship of scholarly books or articles in scholarly journals with international circulation in your field.
- Evidence of having commanded a high salary or other remuneration for services.
- Evidence of performance in a critical role for distinguished organizations.
- Evidence of commercial successes in the performing arts or similar fields.
Application Process
The EB-1 visa application process can be complex and time-consuming. It is recommended that applicants spend time reviewing past EB-1 petition decisions by USCIS to identify common reasons for denial and requests for evidence. Applicants should also consider consulting with an immigration lawyer to ensure they file a comprehensive application. The application itself involves filing a Form I-140, Petition for Alien Worker. This form requires you to include a wide range of supporting documentation, including proof of your qualifications and recognition in your field.
Advantages
The EB-1 visa is one of the fastest paths to a green card. It allows applicants to petition independently without needing an employer's sponsorship. This visa also does not require a specific job offer or labor certification, providing the applicant continues to work in their area of extraordinary ability.
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Get an employer to sponsor you
As an international student, you can get an employer to sponsor your green card through a job offer. This is called an employer-sponsored green card, and it is one of the fastest paths to getting a green card.
To be eligible for an employer-sponsored green card, you must find a job in the United States and have your employer file various immigration forms with the United States Citizenship and Immigration Services (USCIS) on your behalf. Your employer will be considered the petitioner, and you will be the beneficiary.
There are two main visa categories to consider: EB-2 and EB-3. EB-2 is for aliens who are members of professions holding advanced degrees or who have exceptional ability, while EB-3 is for skilled workers, professionals, or other workers. Your employer must submit supporting documentation to the USCIS, including proof of your qualifications and the job offer.
It is important to note that the green card process will cost your employer around $10,000 to $20,000, and they will need to advertise the job at the prevailing wage and show that there are no qualified US citizens or residents for the job. The whole process can take 3 to 4 years, and during this time, you will not have the right to work and must maintain a separate work visa status, such as STEM OPT or H-1B.
Additionally, to be eligible for an adjustment of status, you must generally be present in the United States after being "inspected and admitted" or "inspected and paroled" by an immigration officer. You will also need to properly file Form I-485, Application to Register Permanent Residence or Adjust Status, and meet other requirements specified by USCIS.
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Adjust your status to a dual-intent visa
As an international student, you may be able to adjust your status to a dual-intent visa and retain the option to apply for a green card (permanent residence) in the future. A dual-intent visa allows foreign nationals to be temporarily present in the United States with the intention of possibly immigrating to the U.S. permanently.
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, elementary schools, seminaries, and language training programs. The F-1 visa is one of the visas that allow for dual intent. This means that, as a student, you can enter the United States with the intention of returning to your home country, but you can change your mind during your trip. For example, you may fall in love and marry a U.S. citizen, or decide to pursue employment in the U.S.
If you are an F-1 visa holder and you wish to adjust your status to a dual-intent visa, there are several pathways you can take. Firstly, you may choose to marry a U.S. citizen or lawful permanent resident. This pathway is dependent on the authenticity of the relationship and must comply with immigration law. Secondly, you may seek employment with an employer who is willing to sponsor you. There are two main visa categories to consider in this case: EB-2 and EB-3. Your employer must submit supporting documentation to U.S. Citizenship and Immigration Services (USCIS), including proof of your qualifications and the job offer.
Another option is to pursue an EB-1 visa, which is for individuals with extraordinary achievements or expertise in areas such as science, education, arts, business, or athletics. The qualifications for an EB-1 visa are stringent, and you must meet at least three of the specified criteria or have a one-time major achievement, such as a Nobel Prize. If you are unable to obtain an EB-1 visa, you may still qualify for an EB-2 or EB-3 visa with an employer's sponsorship.
It is important to note that attempting to adjust your status to permanent residence while holding a nonimmigrant visa can potentially trigger long-term immigration problems. It is recommended that you seek guidance from experienced immigration attorneys or professionals who can help you navigate the complex process of adjusting your status and obtaining a green card.
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Become an investor in the US
International students in the US can benefit from investing early, as it provides them with a way to navigate the financial landscape and build good financial habits. It is important to understand the basics, set financial goals, and take small steps to invest wisely.
There are several investment vehicles available to international students in the US, such as stocks, bonds, or real estate. These investments can be made through online platforms with low transaction costs, allowing for diversification. It is crucial to be aware of the tax implications and legal aspects of investing as an international student. While it is possible to invest in US stocks, visa restrictions may apply, so reviewing visa conditions or consulting an immigration attorney is advisable.
One way for international students to become investors in the US is by starting a business. This can be done by obtaining an F-1 student visa, which allows for part-time self-employment. To qualify, the student must be enrolled full-time at an accredited academic institution and their business must be in a field related to their studies. The business must also not displace US workers and must be approved by the Designated School Official (DSO) at the student's school.
Another option is to invest in a US business as a passive investor. This can be done by providing capital to a US company in exchange for equity. This option may be more suitable for those who do not want to actively manage a business while studying. It is important to note that this option may also have visa restrictions, so consulting an immigration attorney is advisable.
Additionally, international students with extraordinary achievements or who are top performers in their field may qualify for an EB-1 visa, which is one of the fastest paths to a green card. To be eligible, students must meet at least three criteria or have a one-time major achievement, such as a Nobel Prize.
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Marry a US citizen
One way to obtain a green card as an international student is to marry a US citizen. This is one of the most common immigration pathways. However, it is important to note that the marriage must be genuine and not entered solely for immigration purposes.
If you are already in the US on a nonimmigrant visa, you can apply for a green card by marrying a US citizen. You must marry your US citizen partner within 90 days of being admitted to the US as a nonimmigrant. You will need to file Form I-485, Application to Register Permanent Residence or Adjust Status, and provide proof of your nationality, lawful entry into the US, and medical examination, among other supporting documents. The processing time for Form I-485 is typically around 9.2 months, and the government filing fees are $2330, including $1440 for the green card application.
Upon approval of your green card application, you will become a "permanent resident" and can live and work anywhere in the US. After three years of continuous residence as a permanent resident, you can apply for US citizenship, which is faster than the usual five-year requirement for other green card holders.
It is important to note that marriage-based green cards are only valid if the relationship is genuine and follows immigration law. USCIS will re-evaluate the couple's marriage to ensure its authenticity, and there are penalties for marriage fraud.
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Frequently asked questions
Graduating and getting your degree is the first crucial step. As an international student, you’re not allowed to leave the US for more than five months at a time. If you’re away longer, you may lose your student status.
Many F-1 visa holders transition to a green card through employment-based sponsorship after graduation. Your employer will have to submit the application on your behalf, and the process will cost them around $10,000-20,000. There are two main visa categories to consider: EB-2 and EB-3.
Yes, marriage to a US citizen or green card holder may make you eligible to adjust your status through family sponsorship. Marriage-based green cards are a valid pathway, but the relationship must be genuine and follow immigration law.
