Lana Oconnell
International students in the US who wish to become US citizens typically start with an F-1 visa, which is a nonimmigrant visa that allows foreign nationals to study full-time at accredited schools in the country. After graduating, some international students may choose to continue their studies in graduate school, while others may decide to work in the US. Those who choose to work can apply for Optional Practical Training (OPT), which provides an additional 12 months in the US at each educational level, with a 24-month extension period for STEM degree holders. While on OPT status, students can gain experience in their field of study and build their resumes. The next step is typically the H1-B visa, which is a nonimmigrant visa for temporary employment in specialty jobs requiring a bachelor's degree. This visa lasts for three years, with an option to extend for an additional three years. After the H1-B visa expires, individuals can apply for a green card, which is the final step in obtaining US citizenship.
| Characteristics | Values |
|---|---|
| Student Visa Types | F and M visas |
| F Visa Types | F-1 or M-1 visa |
| F-1 Visa Eligibility | Enrolled in an "academic" educational program, a language-training program, or a vocational program at a school approved by the Student and Exchange Visitors Program |
| M Visa Types | M-1 visa |
| M-1 Visa Eligibility | Enrolled in a vocational or other non-academic program, other than language training |
| F-1 Visa Employment Restrictions | F-1 students may not work off-campus during the first academic year but may accept on-campus employment |
| F-1 Visa OPT | Students may be eligible for Optional Practical Training (OPT) which provides an additional 12 months in the US at each educational level, with a 24-month extension for STEM degrees |
| F-1 Visa to Green Card | F-1 visa holders can transition to a green card through employment-based sponsorship after graduation, with EB-2 and EB-3 visa categories |
| H-1B Visa | A non-immigrant, temporary visa for specialty jobs requiring a bachelor's degree |
| H-1B Visa Duration | 3 years, with an option to extend for another 3 years |
| H-1B Visa Cap | 65,000 visas per year, with an additional 20,000 for advanced degrees |
| H-1B Visa to Green Card | Towards the end of the maximum 6 years on an H-1B visa, an employer will need to apply for a green card through an H-1B visa petition |
| Green Card to Citizenship | Becoming a permanent resident is a step towards citizenship, but applicants must meet eligibility requirements and pass tests on English proficiency and US history, government, and the Constitution |
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What You'll Learn
Understanding the difference between nonimmigrant and immigrant visas
International students seeking to remain in the US after their studies have many options to choose from. However, it is important to understand the difference between nonimmigrant and immigrant visas.
Nonimmigrant visas are issued to foreign nationals who wish to enter the US on a temporary basis. This may include tourism, medical treatment, business, temporary work, or study. Individuals who enter the US on a nonimmigrant visa are restricted to the activity or reason for which they were allowed entry. Most nonimmigrant visas are issued to applicants who can demonstrate their intention to return to their home country. An example of a nonimmigrant visa is the F-1 visa, which allows foreign nationals to study full-time at accredited schools in the US.
On the other hand, immigrant visas are issued to foreign nationals who intend to live and work permanently in the US. Immigrant visas do not expire and serve as a path to permanent residence. This can be achieved through family or employment sponsorship. For instance, an employer can sponsor an individual by filing an application with US Citizenship and Immigration Services (USCIS). Some employment-based immigrant visas can also be self-petitioned by the applicant and do not require sponsorship.
It is important to note that changing from a nonimmigrant to an immigrant visa can be challenging. Individuals with nonimmigrant visas may be denied an immigrant visa if they are found to have the "dual intention" of coming to the US. In such cases, consulting an immigration lawyer is recommended to discuss the best strategy.
International students on an F-1 visa can transition to a Green Card through employment-based sponsorship after graduation. This process involves finding an employer who is willing to sponsor the individual and submitting the necessary documentation to USCIS. Additionally, students can apply for Optional Practical Training (OPT) during or after completing their degree, providing an additional 12 months in the US.
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Transitioning from an F-1 student visa to a green card
If you entered the US on an F-1 visa, you must wait at least 90 days before applying for a green card, otherwise, USCIS may assume you misrepresented your initial intentions. This 90-day rule is in place to assess whether applicants were honest about their intentions when they first entered the US.
There are several pathways from an F-1 visa to a green card, including:
- Marriage to a US citizen or green card holder. This process is called 'adjustment of status' and allows you to stay in the US with your spouse without leaving the country. The timing for this process can vary, but it usually takes around 9.5 months.
- Employment-based sponsorship. Many F-1 visa holders transition to a green card through employment after graduation. If your employer is willing to sponsor you, there are two main visa categories to consider: EB-2 and EB-3. Your employer must submit supporting documentation to the US Citizenship and Immigration Services (USCIS), including proof of your qualifications and the job offer.
- Self-petition for an EB-1 visa. This is one of the fastest paths to a green card. To be eligible, you must meet at least three of the following criteria: have extraordinary achievements in areas like science, education, arts, business, or athletics; have a one-time major achievement, like a Nobel Prize; or be a top-performing student or researcher.
- Dual-intent visa.
- Becoming an investor.
- Optional Practical Training (OPT). This allows you to gain work experience in your area of study. Before you can begin work in OPT, you must obtain an Employment Authorization Document (EAD) from USCIS.
- Curricular Practical Training (CPT). This is when an F-1 student works for their school through an internship, work/study, cooperative education, or other types of required practicum offered through an agreement with the institution. Your CPT should be an essential part of the curriculum of the school. Your performance in this role may inspire the school to sponsor you and have you join the faculty.
It is important to note that changing your immigration status can be a long and complex process, and it is recommended to seek guidance from a qualified immigration attorney.
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Applying for Optional Practical Training (OPT)
Understanding OPT
Firstly, it is important to understand what OPT is and who is eligible. OPT is a type of work permission available for eligible F-1 visa students. It allows students to gain real-world work experience directly related to their field of study. OPT can be applied for during or after the completion of a student's degree, providing an additional 12 months in the US at each educational level.
The Application Process
The OPT application process is facilitated by Designated School Officials (DSOs) but must be applied for by the student. The following steps outline the OPT application process:
- Students must not file Form I-765, "Application for Employment Authorization," until after the DSO has recommended OPT and provided an updated Form I-20 with the OPT recommendation.
- Students must then file Form I-765 within 30 days of the DSO's recommendation.
- If Form I-765 is submitted before the DSO recommends OPT or after the 30-day period post-recommendation, the application will be denied.
- Any F-1 OPT request in "Requested" status for longer than 180 days is automatically canceled by SEVIS.
- Once an OPT request status changes to "Pending," the student must write to USCIS to withdraw the application if necessary, following specific guidelines.
- If the OPT is approved, USCIS will issue an Employment Authorization Document (EAD), and the student must not begin working before the start date on the EAD.
STEM OPT Extension
For students with degrees in Science, Technology, Engineering, and Mathematics (STEM), a 24-month extension of their post-completion OPT is available. To be eligible, students must:
- Be employed by an employer enrolled in and using E-Verify.
- Have received an initial grant of post-completion OPT based on their STEM degree.
- Have earned a bachelor's, master's, or doctoral degree from an accredited and certified school.
- Ensure their employer completes Form I-983, attesting to their training resources, the student's role as a trainee, and the training objectives.
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Getting an employer to sponsor your H1-B visa
The H1-B visa is a nonimmigrant visa that allows US employers to sponsor foreign workers with a bachelor's degree or equivalent in "specialty occupations" that require highly specialized knowledge and skills. This visa is notable for allowing "dual intent", which means that foreign workers can maintain their visa while pursuing permanent residency in the US.
To obtain an H1-B visa, an employer must first register with the USCIS and pay a fee. They must then submit a Labor Condition Application and file a formal petition to complete the sponsorship process. The H1-B visa process is highly competitive, with a cap of 65,000 visas each year (with an additional 20,000 for advanced degrees). Due to this cap, the USCIS has established a lottery system for H1-B visa selection.
As an international student, there are a few steps you can take to increase your chances of obtaining an employer-sponsored H1-B visa. Firstly, you should aim to excel in a "specialty occupation" that requires highly specialized knowledge and skills, typically in fields such as STEM. Secondly, network and build relationships with potential employers who have a history of sponsoring H1-B visas or are open to the idea. You can find data on employers who have submitted petitions for H1-B visas on the H1-B Employer Data Hub. Additionally, consider opting for Optional Practical Training (OPT) during or after completing your degree, which provides an additional 12 months (or 24 months for STEM degrees) to gain work experience and make yourself a more attractive candidate for H1-B sponsorship.
Once you have found an employer willing to sponsor you, they will need to create an online account with USCIS and apply for an approved registration through the annual H1-B lottery. If selected, your employer will need to submit a Labor Condition Application (LCA) and a completed H1-B petition on your behalf. Throughout this process, it is essential to work with a qualified immigration attorney to guide you and ensure all requirements are met.
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Applying for US citizenship
International students in the US have several pathways to transition from student status to permanent residency and eventually US citizenship. Here is a step-by-step guide on how to apply for US citizenship:
Step 1: Understand Visa Requirements
Firstly, it is important to understand the difference between a nonimmigrant and immigrant visa. F-1 visas, which are commonly held by international students, are nonimmigrant visas that allow foreign nationals to study full-time at accredited academic institutions in the US. This includes colleges, universities, high schools, and language training programs. F-1 visas are granted with the intent to return to your home country after completion of your studies.
Step 2: Transition to Work Visa
After completing your degree, you can transition to a work visa. F-1 students can apply for Optional Practical Training (OPT) during or after their degree, providing an additional 12 months (or 24 months for STEM degrees) in the US. While on OPT status, you can work in a role directly related to your area of study.
Step 3: Obtain an H1-B Visa
Once your OPT status expires, you can transition to an H1-B visa. This is a nonimmigrant visa for specialty jobs that require a bachelor's degree. Your employer must petition and apply for the H1-B visa on your behalf. The H1-B visa lasts for 3 years, with an option to extend for an additional 3 years.
Step 4: Apply for a Green Card
Towards the end of your 6 years on the H1-B visa, your employer will need to apply for a green card (permanent residency) through an H1-B visa petition on your behalf. This step can be challenging, as it involves employer-based sponsorship and falls into five preference categories.
Step 5: Apply for Citizenship
Once you have obtained permanent residency and lived in the US for a certain period, you can apply for US citizenship. Applicants for US citizenship must demonstrate English language proficiency and knowledge of US history, government, and the Constitution. The USCIS provides guides and tools to help prepare for the required tests.
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Frequently asked questions
The first step is to obtain an F-1 visa, which allows you to enter the US as a full-time student at an accredited college, university, or school.
After graduating, some students' status may change from F-1 directly to H1-B, which is a non-immigrant visa for temporary employment in specialty jobs that require a bachelor's degree.
You can gain lawful permanent resident status, also known as a "Green Card", by getting employment-based sponsorship. Your employer must submit supporting documentation to US Citizenship and Immigration Services (USCIS).
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