Douglas Olsen
As an international student in the United States, you will need to file tax forms each year with the Internal Revenue Service (IRS), the US agency that collects federal taxes. If you have a job, including on-campus jobs or off-campus work, you are eligible to apply for a Social Security Number (SSN). If you do not have an SSN, you will need to apply for an Individual Taxpayer Identification Number (ITIN) to report any non-wage income when filing your taxes. Examples of taxable non-wage income for international students include taxable scholarships, grants, or fellowships received.
| Characteristics | Values |
|---|---|
| Visa options | Skilled Migration Visa (subclass 189/190), Temporary Graduate Visa (subclass 485), Regional Skills Visa (subclass 887), Employer-Sponsored Visa (subclass 482) |
| Visa requirements | Points-based system, including age, skills, work experience, English proficiency, education |
| Processing time | Average of 6 to 8 months |
| Other considerations | State nomination, occupation in demand, networking, work in the field |
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What You'll Learn
Transitioning from an F-1 student visa
Understanding the F-1 Visa
The F-1 visa is a non-immigrant student visa that permits foreign nationals to pursue full-time academic studies in accredited US schools, including colleges, universities, high schools, and language training programs. It is important to note that having an F-1 visa does not automatically grant permission to work in the US; separate authorization is required for that.
Transferring Schools on an F-1 Visa
If you are already in the US on an F-1 visa and wish to transfer to another school, you can do so without leaving the country. The transfer process involves transferring your Student and Exchange Visitor Information System (SEVIS) record to the new SEVP-certified school. You must provide written verification of acceptance at the new school, and your Designated School Official (DSO) will guide you through the process.
Travelling Outside the US on an F-1 Visa
If you plan to travel outside the US and your SEVIS record is in Terminated status, you must obtain a new Form I-20 from your DSO at the new school and return within 15 days of the program start date on the new form. If your visa is still valid, you may not need a new one, but always check with your DSO.
Changing Non-immigrant Status to F-1
If you are already in the US on a non-immigrant visa and wish to change your status to F-1, you must meet certain criteria and submit an application with US Citizenship and Immigration Services (USCIS). You must have been lawfully admitted to the US, have a valid reason for the change, and not have committed any crimes that would make you ineligible. The process may involve lengthy processing times, so it is recommended to work closely with your DSO to coordinate the timing.
Transitioning from F-1 to Green Card
While there is no direct path to a green card as an F-1 student, there are legal ways to adjust your status. One common option is to find employment after graduation with an employer willing to sponsor you for a green card. The employer must advertise the job and demonstrate that no US citizen or resident is qualified. Another option is through marriage to a US citizen, but this must be a genuine relationship that complies with immigration law.
Please note that this is a general overview, and specific steps may vary depending on your individual circumstances and the requirements of the US Embassy or Consulate in your country. It is always recommended to consult official government websites and seek professional immigration advice for the most accurate and up-to-date information.
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Getting sponsored by an employer
As an international student, you must graduate and get your degree to increase your chances of immigrating and getting a green card in the US. While on an F-1 visa, you must not leave the US for more than five months at a time; otherwise, you may lose your student status. After graduating, you can get a 1-year post-graduate work permit, also known as Optional Practical Training (OPT), or a 2-year extension if you have a STEM degree. During your OPT, you can find an employer who will sponsor your H-1B visa and green card.
The H-1B visa is a work visa for speciality occupations that require highly specialised knowledge acquired through a bachelor's degree or higher. Your employer will have to submit the application on your behalf and file documents with the Department of Labour (DOL). There is an annual limit on new H-1B visas, with a lottery system in place if demand exceeds the cap.
Once you have held the H-1B visa for six years, you will be eligible for a US green card. Your employer will need to apply for a green card through an H-1B visa petition on your behalf. The process will cost them around $10,000-$20,000, and they will need to advertise the job at the prevailing wage and show that no US citizen or resident qualifies for the job.
Another option is to apply for an EB1 visa if you have extraordinary abilities in arts, science, business, athletics, or education. This visa is unique because you can either self-petition or find an employer who will sponsor you.
Alternatively, you can apply for an EB5 visa, which is an investment visa that allows you to get a green card based on investing in a US business and hiring US workers. To qualify, you must make the necessary investment in a US commercial enterprise and plan to create or preserve ten full-time jobs for qualified US workers. The minimum investment amount to qualify for EB-5 is $800,000.
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Marrying a US citizen
Step 1: Fiancé(e) Visa
If you are planning to marry a US citizen, your fiancé(e) can file a petition with the United States Citizenship and Immigration Services (USCIS) for a K-1 nonimmigrant visa, which allows you to enter the US and marry your fiancé(e). To be eligible, you must marry your US citizen fiancé(e) within 90 days of entering the US on a K-1 visa.
Step 2: Marriage
After entering the US on a K-1 visa and marrying your US citizen fiancé(e), you become eligible to apply for a Green Card.
Step 3: Green Card Application
To apply for a Green Card, you must submit Form I-485, Application to Register Permanent Residence or Adjust Status, along with supporting documentation. This includes:
- Required fees
- Marriage certificate
- Evidence of the termination of any previous marriages
- Birth certificates
- Photographs taken according to USCIS specifications
You should also submit Form I-130, Petition for Alien Relative, along with Form I-485.
Step 4: Interview
As part of the Green Card application process, you and your spouse will likely be interviewed by a USCIS officer, either separately or together. The purpose of the interview is to confirm that your marriage is bona fide and not solely for the purpose of obtaining a Green Card.
Step 5: Approval
Once your application is approved, USCIS will stamp your passport to indicate that your adjustment of status application has been approved, and you are now a lawful permanent resident of the US. You will receive your physical Green Card in the mail a few weeks later.
It is important to maintain full-time registration in your degree program until your Permanent Residency is approved. This way, if your application is denied, you can remain in the US in non-immigrant status until you complete your studies.
Additionally, marriage to a US citizen may complicate your ability to travel and re-enter the US, as you are expected to have a home abroad and the intent to return. Proving these ties can be difficult after marrying a US citizen, and your visa may be denied even if you plan to continue as a full-time student.
Obtaining a Green Card through marriage typically takes 6-18 months from filing Form I-485 to receiving the Green Card.
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Getting an EB-1 visa for extraordinary achievements
The EB-1 visa is an employment-based visa for immigrants with extraordinary abilities. To qualify, applicants must demonstrate extraordinary ability in their field, international recognition for significant achievements, or experience in a managerial or executive role for a multinational company.
There are three subcategories within the EB-1 visa: EB-1A, EB-1B, and EB-1C. For the EB-1A visa, applicants must show evidence of sustained national or international acclaim in their field, such as receiving major prizes or awards for outstanding achievement, membership in associations that require outstanding achievement from their members, or published material by others in professional publications about the applicant's work. Applicants must also be seeking to enter the United States to continue working in their field and must demonstrate that their presence and activities will benefit the country.
For the EB-1B visa, applicants must demonstrate that they are an outstanding professor or researcher by providing evidence of at least two of the following: receipt of major awards, membership in associations that require outstanding achievement, published material about their work, participation as a judge of others' work in the same field, original scientific or scholarly research contributions, or authorship of scholarly books or articles in the field.
The EB-1C visa is for multinational managers or executives. Applicants must have at least three years of experience in a managerial or executive position with a company that has a subsidiary, affiliate, or parent company in the United States, and they must seek to enter the US to continue working in a managerial or executive capacity for the same or a related company.
Unlike some other employment-based visas, EB-1 applicants do not need to wait for a visa to become available, and there is typically no waiting time for visa availability. The first step in the application process is filing Form I-140 ("Immigrant Petition for Alien Worker") along with supporting documents. If the applicant already lives in the US, the average wait time for Form I-485 for employment visa applications is 6.9 months. If applying from abroad, the case will be transferred to the National Visa Center (NVC) for processing, and the nearest embassy or consulate will arrange an in-person interview.
How to Get an ITIN as an International Student
An Individual Taxpayer Identification Number (ITIN) is a unique tax-processing number issued by the IRS for individuals who pay taxes but are not eligible for a Social Security Number (SSN). International students in the United States who do not have an SSN will need an ITIN to file tax forms each year with the Internal Revenue Service (IRS) and report any non-wage income, such as taxable scholarships, grants, or fellowships. International students can apply for an SSN as soon as they have a job, including on-campus jobs and off-campus work.
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Getting a green card through family sponsorship
As an international student in the United States, you will need to file tax forms each year with the Internal Revenue Service (IRS). If you are earning an income, you will need a Social Security Number (SSN) to report your earnings for tax purposes. If you are not working, you will need to apply for an Individual Taxpayer Identification Number (ITIN) to report any non-wage income when filing your taxes. Examples of taxable non-wage income for international students include scholarships, grants, or fellowships received.
Now, here is the information on getting a green card through family sponsorship:
If you are an immediate relative of a U.S. citizen, you can become a lawful permanent resident (get a green card) based on your family relationship if you meet certain eligibility requirements. Immediate relatives include the spouse of a U.S. citizen, the unmarried child under 21 years of age of a U.S. citizen, and the parent of a U.S. citizen (if the U.S. citizen is 21 years of age or older). US citizens can also sponsor their unmarried children over 21 years old.
There are two types of family-based immigrant visas: Immediate Relative and Family Preference. Immediate Relative visas are based on a close family relationship with a U.S. citizen, such as a spouse, child, or parent. There are no limits on the number of applicants accepted each year or wait times beyond normal processing times. Family Preference visas are for more distant family relationships with a U.S. citizen and some specified relationships with a Lawful Permanent Resident (LPR). These visas are subject to yearly limits and backlogs depending on the person's country of birth.
It is important to note that LPRs cannot sponsor their parents, siblings, or married children. Additionally, other relatives such as cousins, grandparents, and aunts/uncles/nieces/nephews are not eligible to be the beneficiary of a family-based petition. The type of temporary visas and permanent residency green cards that can be applied for depend on factors such as the type of relationship, the country your family member is from, and whether you are a US citizen or LPR.
To apply for a green card through family sponsorship, you will need to file Form I-130, Petition for Alien Relative, and Form I-485, Application to Register Permanent Residence or Adjust Status.
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Frequently asked questions
An international student is anyone who is studying in a country other than their own and does not have resident status in that country. This can include students on exchange programs, those enrolled full-time at foreign institutions, and even individuals taking online courses from overseas.
Yes, visa requirements vary depending on the country of study and the student's country of origin. Most countries offering higher education to international students will require a specific student visa, which has its own set of criteria that must be met. Common requirements include proof of financial stability to support yourself during studies, proof of academic qualifications, and a confirmed offer of a place at an educational institution.
The application process again varies depending on the country. Most countries will require an online application, and many have moved to a centralized system, such as the Student and Exchange Visitor Program (SEVP) in the United States. Students will typically need to provide various forms of identification, proof of their ability to support themselves financially, and details of their intended course of study, including proof of acceptance. It is important to start the visa application process early, as it can often be lengthy and complex.
