Savanna Hoffman
International students in the US are typically on an F-1 visa, which is a non-immigrant visa that does not require a sponsor. However, if an F-1 visa holder wishes to obtain a Green Card and stay in the US permanently, they can do so through various pathways. These include marriage to a US citizen, family sponsorship, employment-based sponsorship, or by investing in the US economy. Obtaining a Green Card as an international student can be challenging, and it is important to ensure that all documentation is truthful and that the process is followed lawfully.
Characteristics and requirements for sponsoring an international student for a US Green Card
| Characteristics | Values |
|---|---|
| Visa type | F-1 visa |
| Sponsorship type | Family, employment-based, or self-petition |
| Family sponsorship requirements | Marriage to a U.S. citizen or permanent resident |
| Employment-based sponsorship requirements | Sponsorship from a U.S. employer, labour certification, and approval of Form I-140 Petition |
| Self-petition requirements | Proof of extraordinary abilities, investor status, or adjustment to a dual-intent visa |
| Additional considerations | Timing, documentation, and proof of intention to return to home country |
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What You'll Learn
Sponsoring an F-1 visa student
The F-1 visa is a non-immigrant visa that allows foreign nationals to enter the United States as full-time students at accredited academic institutions. This includes colleges, universities, high schools, elementary schools, seminaries, and language training programs. To be eligible for an F-1 visa, students must be enrolled in a program that culminates in a degree, diploma, or certificate, and their school must be authorized by the U.S. government to accept foreign students.
- Family sponsorship: Parents and blood relatives, such as grandparents, aunts, uncles, and cousins, can sponsor their child or relative by providing financial support. The sponsorship form needs to mention how the sponsor is related to the student.
- Educational loans: Banks can sponsor an F-1 visa by providing educational loans to cover the student's tuition fees and living costs. A solvency letter from the bank may be required, along with other financial documents, such as fixed deposit receipts attested by the bank.
- Employer sponsorship: In some cases, employers can sponsor an F-1 visa if they intend to employ the student after their studies. This typically involves the employer offering a full-time, permanent position and submitting supporting documentation to U.S. Citizenship and Immigration Services (USCIS).
It is important to note that the F-1 visa is a non-immigrant visa, and entering the U.S. with the intention of staying permanently can be considered immigration fraud. However, if an F-1 visa holder's plans change, they may have options to adjust their status and apply for a Green Card through employment-based sponsorship or family sponsorship (marriage to a U.S. citizen or Green Card holder). The timing of the Green Card application is critical, as applying too soon after entering on an F-1 visa may raise suspicions about the student's initial intentions.
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Employer sponsorship
International students in the US on an F-1 visa can transition to a green card through employer sponsorship after graduation. This is a common pathway for F-1 visa holders to obtain permanent residency. To be eligible for an employment-based green card, an international student will need sponsorship from a US employer. This can be the employer they have an Optional Practical Training (OPT) agreement with, or a different employer. The sponsoring employer will need to receive a labor certification (PERM) and approval of the Form I-140 petition. The international student will then receive a priority date and visa number.
There are two main visa categories to consider: EB-2 and EB-3. The EB-2 visa is the most common route for F-1 students to obtain a green card. To be eligible, you must have completed a master's degree or higher and have a job offer in your field. The EB-2 visa has two categories: advanced degree and exceptional ability. The EB-3 visa is for skilled workers and professionals with a bachelor's degree.
The EB-1 green card is another option for doctoral students who have achieved significant outcomes during their studies, such as through groundbreaking research or innovation. This visa has three categories: EB-1A (Extraordinary Ability), EB-1B (Outstanding Professors and Researchers), and EB-1C (Multinational Manager or Executive). EB-1A does not require employer sponsorship, but you must demonstrate extraordinary ability in your field through sustained national or international recognition.
It is important to find an employer willing to sponsor your green card application early in the process and work with a qualified immigration attorney to guide you.
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Family sponsorship
If you are a US citizen or permanent resident, you can sponsor a family member for a Permanent Resident Card (Green Card). First, you must apply for a family-based immigrant visa for the person you are sponsoring. There are two categories of this type of visa:
- Close relatives of US citizens, such as spouses, unmarried children under 21, or parents. An unlimited number of visas are available in this category.
- Other relatives of a US citizen, such as eligible children over 21 or siblings. This category includes F2A visas for spouses and unmarried children under 21 of legal permanent residents (Green Card holders).
It's important to note that US citizens and permanent residents cannot directly sponsor their grandparents, cousins, aunts, uncles, parents-in-law, or other extended family members. Additionally, lawful permanent residents cannot sponsor their parents, married children, or siblings. However, once someone has a green card, they can sponsor other people, although this is a long and complex process.
The process of sponsoring a family member for a green card typically begins by filing a Form I-130, along with documents proving the family relationship, such as birth or marriage certificates, and proof of the US petitioner's status as a citizen or lawful permanent resident. If the sponsored family member is currently overseas, they cannot enter the US until the I-130 petition and subsequent applications have been approved.
For international students, family sponsorship may be an option to live and work in the US after graduation. However, it's important to note that the specific immigration pathways and temporary visas available depend on factors such as the type of relationship, the country of origin, and whether the sponsor is a US citizen or lawful permanent resident. Additionally, wait times for family-based green cards can be long, and the average waiting period can shift over time due to demand and other factors.
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Marriage-based green cards
International students who marry a US citizen or green card holder may be eligible for a marriage-based green card. This pathway is only valid if the relationship is genuine and adheres to immigration law.
To apply for a marriage-based green card, you must first be eligible under one of the categories listed by USCIS. As the spouse of a US citizen, you are considered an immediate relative and can become a lawful permanent resident. However, you must meet certain eligibility requirements, including being present in the US after being "inspected and admitted" or "inspected and paroled" by an immigration officer.
The process for obtaining a marriage-based green card typically involves the following steps:
- Prepare your application: You can prepare your application before getting married, but you must provide proof of your marriage as part of the process. The application for permanent residence based on marriage is a self-petition with many components.
- Submit your application: You will apply to the US Citizenship and Immigration Services (USCIS) to adjust your status and become a permanent resident.
- Attend an interview: A USCIS officer will interview both you and your spouse, possibly separately. The purpose of the interview is to confirm that your marriage is genuine and based on the intention to spend your lives together.
- Receive your decision: It will take several weeks or longer for USCIS to produce your actual green card. However, they will stamp your passport to indicate that your adjustment of status application has been approved, making you a lawful permanent resident.
It is important to note that if you entered the US on an F-1 student visa, changing your immigration status to a green card holder can be challenging. Timing and documentation are critical. Applying for a green card within 90 days of entering the US on an F-1 visa may lead to complications as USCIS may assume you misrepresented your intent.
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Self-petitioning as a person with extraordinary abilities
To obtain a green card through self-petitioning as a person with extraordinary abilities, you must apply for an EB1-A visa. This visa is for individuals with extraordinary abilities in the sciences, arts, education, business, or athletics. To qualify, you must demonstrate that your entry into the United States will substantially benefit the country.
The EB1-A visa has three main requirements:
You must provide evidence of extraordinary ability in your field. This can be demonstrated through a variety of criteria, including but not limited to:
- Sustained national or international acclaim and recognition in your field.
- Membership in a distinguished association or organization that requires extraordinary ability for membership.
- Performance of a leading role in a distinguished organization.
- Proof of a high salary or significant payment in your field.
- You must seek to enter the United States to continue working in your field of extraordinary ability. This can usually be satisfied with a written statement explaining how your entry will benefit the country.
- You must complete the necessary forms and pay the required fees. This includes Form I-140, Form ETA 750 (if applicable), and a filing fee of $700. Additionally, if you wish to expedite the process, you may file an I-907, Request for Premium Processing Service, for an additional fee of $2,500.
It is important to note that the evidence submitted must show that your extraordinary ability has been sustained and uninterrupted. The evidence will be reviewed by a USCIS adjudicator, who will determine if you meet the qualifications for the EB1-A visa. The approval or denial of your petition will depend on the type and quality of evidence submitted.
While self-petitioning as a person with extraordinary abilities is one way to obtain a green card, there are other options available for international students. Changing an F-1 student visa to a green card is possible, but it can be challenging. Marriage to a U.S. citizen or green card holder can also provide a pathway to adjusting your status, but it is important to ensure that your relationship is genuine and follows immigration laws.
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Frequently asked questions
The F-1 visa is a non-immigrant student visa that allows foreign nationals to study full-time at accredited schools in the United States.
An international student can switch from an F-1 visa to a green card by finding a U.S. employer willing to sponsor them. The employer must petition for the student to the U.S. Citizenship and Immigration Services (USCIS) and get approval. Alternatively, the student can self-petition as a Person with Extraordinary Abilities, become an investor in the United States, or marry a U.S. citizen.
Sponsoring a student visa in the USA costs around USD 4,000 (INR 3,32,470).
The requirements for sponsoring a student visa in the USA vary depending on the type of sponsorship. For example, if the sponsor is a relative, the form will need to mention how they are linked to the applicant. If the sponsor is a bank, they will provide an educational loan to the applicant.
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