Lori Meadows
The process of obtaining permanent residency in the USA is complex and involves many steps, rules, and regulations. International students can pursue permanent residency through various pathways, including family, employment, and student visas. Family-based immigration is an option for students with immediate relatives who are US citizens or permanent residents. Employment-based visas require sponsorship from an employer and are subject to labour market tests. Student visas, such as the F-1 visa, can be transitioned to permanent residency, but changing immigration status can be challenging. The Diversity Visa Lottery offers another pathway for individuals from countries with low immigration rates to obtain permanent residency. Each pathway has specific requirements and eligibility criteria, and the application process can be lengthy, so early preparation is essential.
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What You'll Learn
Family-based immigration
To apply for a family-based visa, international students will need a valid passport with a visa, their birth and marriage certificate, proof of their relationship with the US citizen or PR holder, and a medical examination report. The US citizen or PR holder family member will need to file a petition with the USCIS on their behalf.
There are two types of family-based immigrant visas: Immediate Relative and Family Preference. Immediate Relative visas are based on close family relationships with a US citizen, such as a spouse, child, or parent. These visas are exempt from numerical quotas. Family Preference visas are for more distant family relationships with a US citizen or specified relationships with a lawful permanent resident.
There are several preference categories for family preference visas, including:
- First preference (F1): unmarried sons and daughters (21 years of age and older) of US citizens.
- Second preference (F2A): spouses and children (unmarried and under 21 years of age) of lawful permanent residents.
- Second preference (F2B): unmarried sons and daughters (21 years of age and older) of lawful permanent residents.
- Third preference (F3): married sons and daughters of US citizens.
To be eligible for a Green Card as a family preference immigrant, applicants must meet certain requirements. They must properly file Form I-485, Application to Register Permanent Residence or Adjust Status, and be physically present in the United States at the time of filing. They must also have been inspected and admitted or inspected and paroled into the United States. Additionally, an immigrant visa must be immediately available at the time of filing and when a final decision is made on the application.
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Employment-based visas
International students can take advantage of employment-based visas to gain permanent residency in the US. This process can be complex and requires an in-depth review and analysis of each individual case. Several visa options are available for international students who want to work in the US after graduation.
OPT Visa
The OPT or Optional Practical Training is a visa program that allows international students from US universities to work in the country for up to 12 months after graduation. OPT is a form of temporary employment directly related to the student's field of study. Students can apply for an OPT extension if they are eligible due to their field of study, such as STEM.
H-1B Visa
After the OPT period, international students can work with an H-1B visa. This is a temporary work visa for highly skilled immigrants. To qualify, individuals must have a bachelor's degree from a US university or its equivalent in a specialty occupation, and a valid job offer from a US employer willing to sponsor the visa. The employer must file a labour certificate with the US Department of Labor on behalf of the international student.
EB-1 Visa
The EB-1 visa is an employment-based visa that allows an individual's employer to sponsor them for a Green Card. This visa is for individuals with extraordinary abilities in sciences, arts, education, business, or athletics.
EB-2 Visa
The EB-2 visa is another employment-based visa that allows an individual's employer to sponsor them for a Green Card. This visa is for individuals with advanced degrees or exceptional abilities in sciences, arts, or business. The employer must submit proof of the individual's qualifications and the job offer to the USCIS.
EB-3 Visa
The EB-3 visa is similar to the EB-2 visa, allowing an individual's employer to sponsor them for a Green Card. This visa is for professionals, skilled workers, and unskilled workers.
EB-5 Visa
The EB-5 visa is an employment-based visa that provides a direct route to permanent residency. This visa requires a "substantial investment" in a new or existing enterprise.
Other Employment-Based Visas
Other employment-based visas include the E-1 visa for treaty traders and the E-2 visa for treaty investors. The E-1 visa requires that at least 51% of the company's trade is between the US and the treaty country. The R-1 visa is a religious worker visa for ministers, religious occupation workers, or those working for a religious organization.
It is important to note that the process of obtaining permanent residency through employment can be challenging and time-consuming. Each case is reviewed and analysed individually, taking into account factors such as the foreign national's immigration history, academic credentials, professional experience, and reputation within their field.
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Student visas
Another type of student visa is the M-1 visa, which is for vocational or non-academic studies. M-1 visas are typically issued for students enrolled in technical schools, vocational schools, or other non-academic institutions. The requirements for an M-1 visa are similar to those of an F-1 visa, but there are some key differences in terms of eligibility and allowed activities.
It is important to note that student visas are typically valid for the duration of the student's academic program, plus a grace period, which varies depending on the level of education completed. For example, students who have completed a bachelor's degree may be allowed to stay in the US for up to 60 days after graduation, while those who have completed a shorter program may have a shorter grace period.
After graduating, international students on F-1 visas may be eligible for Optional Practical Training (OPT), which allows them to work in the US for up to 12 months in a field related to their area of study. OPT can be a pathway to obtaining employment and eventually applying for permanent residency. However, it is important to note that OPT is not a direct route to permanent residency, and students must still meet the requirements for employment-based immigration or other visa categories.
In addition to the F-1 and M-1 visas, there are other types of student visas available, such as the J-1 Exchange Visitor Visa, which is for exchange visitors, including students, professors, researchers, and scholars. The specific requirements and limitations of each visa type vary, so it is important for prospective international students to carefully research their options and plan their visa applications accordingly.
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Asylum, Green Card lottery, or military service
Asylum
To seek asylum in the United States, you must be physically present in the country and not be a U.S. citizen. You can file a Form I-589, Application for Asylum and for Withholding of Removal, within one year of your arrival in the U.S. Affirmative asylum applicants may now file this form online, but there are exceptions, such as if you are in proceedings in immigration court. You can include your spouse and children who are in the U.S. as dependents on your application. If your asylum application is accepted, you may be permitted to remain in the country.
Green Card Lottery
The Diversity Visa Lottery program offers 55,000 visas annually to beneficiaries. This route to permanent residency is considered one of the fastest and most straightforward.
Military Service
To join any branch of the U.S. military, you must be a legal resident of the United States and a Green Card holder. After obtaining a Green Card, you will have the same rights to serve as a U.S. citizen.
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Marriage to a US citizen
To receive a marriage-based green card, you must be sponsored by your spouse. They will need to prove they pay their taxes and have sufficient income to support you or have a sponsor that is willing to do so. This is called an Affidavit of Support and is a legal contract stating that the sponsor will support you if you cannot find income or employment in the United States.
To apply for a family-based visa in the US, you will need a valid passport with a visa, your birth and marriage certificates, proof of your relationship with your spouse, and a medical examination report. Your spouse will have to file a petition with the USCIS on your behalf to obtain a family-based visa.
It's important to note that marriage fraud or the intent to fraudulently immigrate to the United States through marriage is taken very seriously by USCIS. Proving that your marriage is "bona fide," or formed from a genuine relationship, is a crucial aspect of the marriage green card process.
- Have been living in marital union with your US citizen spouse during the three years immediately before the date you file your application and while it is being processed
- Have lived for at least three months in a state or USCIS district with jurisdiction over your place of residence
- Have continuous residence in the United States as a lawful permanent resident for at least three years before filing your application
- Reside continuously within the United States from the date you filed your application until you naturalize
- Be physically present in the United States for at least 18 months out of the three years before filing your application
- Be able to read, write and speak English and have knowledge of US history, fundamentals, and government principles
- Be a person of good moral character, attached to the principles of the US Constitution, for at least three years before filing Form N-400 and until you take the Oath of Allegiance
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Frequently asked questions
PR, or permanent residency, allows foreign nationals to live and work in the United States on a permanent basis. It is also known as a Green Card.
There are several pathways to PR in the USA for international students, including:
- Family-based immigration: This option is available to students with immediate relatives who are US citizens or PR holders.
- Employment-based visas: Students can gain sponsorship from their employer, who must file a petition and offer a full-time permanent position.
- Student visas: Students can apply for an F-1 visa, which allows them to study full-time. They can then transition to a Green Card through employment-based sponsorship.
- OPT or Optional Practical Training: This allows international students to work in the US for up to 12 months after graduation, with a possible 24-month extension for STEM fields. This can lead to work visa sponsorship or PR.
- Green Card lottery: This is a random selection process that allows people from countries with low immigration rates to the US to obtain PR.
The requirements for a Green Card vary depending on the category under which an individual is applying. However, some general requirements include:
- A bachelor's degree from a US university or equivalent in a specialty occupation
- A valid passport with a visa
- A valid job offer from a US employer
- A medical examination report
- Proof of relationship with a US citizen or PR holder (for family-based visas)
The processing time for a Green Card application can range from 6 to 33 months. However, it is important to note that the PR application process in the US is complex and can be challenging, so it is recommended to start the process as early as possible.
