Savanna Hoffman
International students who are unable to graduate on time may face challenges related to their student visa status and future career prospects. It is important for these students to understand the implications and explore available options to maintain their legal status and work towards completing their degree. This situation is not uncommon, and there are several pathways that international students can consider to extend their stay and continue their education or begin their career in the host country.
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What You'll Learn
Visa extension options
United Kingdom
If you are an international student in the UK and are unable to graduate on time, you may be able to extend your Student visa to stay longer and continue your course or study a new course. To be eligible, you must meet certain requirements, such as having an unconditional offer of a place on a course with a licensed student sponsor, demonstrating that your studies are at a higher academic level than your current course, and proving that you have sufficient financial resources to support yourself in the UK. The application process involves providing updated information about your course, academic progress, and financial support. It is important to note that you must apply for the extension before your current visa expires.
United States
If you are an international student in the US and are unable to graduate on time, there are several options available for extending your stay. One option is to apply for Optional Practical Training (OPT), which allows undergraduate and graduate students on F-1 visas to stay and work in the US for up to 12 months. Students with STEM-related degrees can request an additional 24-month OPT extension. Another option is to apply for an H-1B visa, which is granted for an initial period of 3 years and can be extended for an additional 3 years. Spouses and minor children of H-1B visa holders can obtain H-4 visas, which allow them to accompany the applicant to the US and attend school but not work. Additionally, international students can explore other visa categories, such as the L-1 intracompany transferee visa or the R-1 religious worker visa, depending on their specific circumstances and eligibility. It is important to start planning for your extended stay well before graduation and to maintain your visa status, as there is a limited time to apply for extensions.
Australia
In Australia, there is currently no automatic extension of a student visa. If you are unable to graduate on time and your visa is expiring, you have two main options: applying for a student visa extension or applying for a visitor visa. To apply for a student visa extension, you must meet eligibility criteria such as meeting course requirements, maintaining good academic standing, and having adequate financial support. The application process involves lodging an application with the Department of Home Affairs before your current visa expires and providing relevant documentation. If your visa has already expired, you may need to apply for a bridging visa to remain lawful while your application is processed.
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Employment-based green cards
For international students in the United States, securing an employment-based green card is a promising way to transition from F-1 status to permanent residency. These green cards are categorized into various preference levels, each with specific eligibility criteria and processes.
The most suitable categories for F-1 graduates are:
- EB-1: People of Extraordinary Ability. This category includes EB-1A for individuals with extraordinary abilities, EB-1B for outstanding professors and researchers, and EB-1C for multinational executives and managers. This category often has faster processing times and may not require labor certification.
- EB-2: Advanced Degree Holders. This category is for professionals with advanced degrees or exceptional abilities in their fields. It requires a job offer and labor certification unless applying for a National Interest Waiver (NIW), which allows self-petitioning if the work benefits the U.S.
- EB-3: Skilled Workers, Professionals, or Other Workers.
- EB-4: Special Immigrants, such as religious workers and special immigrant juveniles.
- EB-5: Immigrant Investors, which involves capital investment by foreign investors in new commercial enterprises in the U.S.
To apply for an employment-based green card, applicants must submit the following documentation:
- Form I-485, Application to Register Permanent Residence or Adjust Status.
- Copy of the Form I-797, Approval or Receipt Notice, for the Form I-140 filed on the applicant's behalf (unless filed together with Form I-485).
- Form I-485 Supplement J (unless filed together with Form I-140 or adjusting based on a National Interest Waiver without a job offer or as an alien of extraordinary ability).
- A signed statement confirming the intention to work in the specified occupational field if self-petitioning.
It is important to note that F-1 students can maintain their status by enrolling in another academic program, such as a graduate degree or a second bachelor's degree. This allows students to extend their stay in the U.S. while improving their chances of finding a permanent path to change from an F-1 visa to a green card. Additionally, students can explore options like OPT (Optional Practical Training) and CPT (Curricular Practical Training) to gain practical training and work experience before or after graduation.
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Marriage to a US citizen
If you are an international student in the US and are unable to graduate on time, there are several options to consider. One option is to marry a US citizen, which can provide a pathway to staying in the country after graduation. Here is some information on the process of adjusting your status through marriage to a US citizen:
- Legal Status: As an international student on an F-1 visa, you are allowed to get married to a US citizen. However, it is important to note that marriage does not automatically change your immigration status. You will need to go through the process of adjusting your status and obtaining a marriage-based green card.
- Forms and Documentation: To adjust your status, you will need to submit various forms and documentation to the United States Citizenship and Immigration Services (USCIS). The main forms include Form I-130, "Petition for Alien Relative," which is completed by the US citizen spouse, and Form I-485, "Application to Register Permanent Residence or Adjust Status," which is completed by the international student. Additionally, you will need a government-issued copy of your marriage certificate.
- Timing: It is recommended to file the appropriate forms before your F-1 visa expires. There is also a guideline called the 90-day rule that immigration officers consider when reviewing marriage-based green card applications. Applying for a green card before you have been in the US for more than 90 days may raise red flags.
- Interview and Questions: As part of the adjustment of status process, you and your spouse will be called in for a personal interview at the USCIS office. During the interview, a USCIS official will review your paperwork and ask questions to ensure that your marriage is genuine and not a sham to obtain a green card. They will also assess the immigrant's admissibility, including any visa violations or medical issues.
- Financial Support: The US citizen spouse will need to promise financial support and demonstrate their ability to support the immigrant spouse. This is typically done through Form I-864, where the citizen provides proof of income and financial stability.
- Employment Authorization: The international student can apply for employment authorization by submitting Form I-765, "Application for Employment Authorization." This allows the student to obtain a work permit and legally work in the US while their green card application is being processed.
- Legal Assistance: The paperwork and process can be complex, and it is recommended to consult an immigration lawyer or seek legal advice to ensure all requirements are met and avoid any issues with your application.
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Maintaining student status
F-1 and M-1 Visa Requirements:
F-1 and M-1 visas are the most common types of student visas issued by the U.S. Department of State. F-1 students typically enrol in traditional academic programs, while M-1 students enrol in vocational programs. To maintain your student status, it is essential to fulfil the purpose for which the visa was issued and follow the associated regulations.
Attendance and Course Load:
International students must maintain regular attendance and academic progress. They are required to attend all classes and maintain a full course load each term. Any difficulties in maintaining academic progress should be discussed with the Designated School Official (DSO). In certain circumstances, a reduced course load may be permitted.
Entry Timing and DSO Contact:
F and M students must enter the United States no more than 30 days before their program starts. Upon entry, students should immediately contact their DSO and again when they arrive at their school by the program start date listed on Form I-20.
Work Authorization:
Working without authorization can result in immediate removal from the country. F students may be eligible for Curricular Practical Training (CPT) during their program, but it must relate directly to their major area of study. Off-campus employment is generally not permitted during the first academic year, and authorization may be required for subsequent off-campus work.
Maintaining Valid Documentation:
International students must maintain valid documentation, including Form I-20, a valid passport (with at least six months' validity), and Form I-94, which serves as their official immigration registration. Students must also report any changes in their local address within 10 days.
Transfer and Extension Options:
To transfer to another school, students must submit a request, including an acceptance letter from the new school, within 60 days. Students who cannot complete their degree by the expiration date on Form I-20/DS-2019 must request a program extension before that date.
Post-Graduation Options:
F-1 students have 60 days after completing their program to leave the U.S. or find another status. Options include enrolling in another academic program, applying for Optional Practical Training (OPT) to work and train in the U.S. for up to 12 months (with potential extensions for STEM degrees), or transitioning to H-1B visa status with employer sponsorship.
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Transitioning to permanent residency
United States of America
One of the most common ways for international students in the US to transition to permanent residency is by obtaining a green card. F-1 students can maintain their status by enrolling in another academic program, such as a graduate degree or a second bachelor's degree, allowing them to extend their stay in the US while improving their chances of finding a permanent path to a green card.
Another option is to secure an employment-based green card. F-1 graduates can transition to permanent residency based on their qualifications and job offers. EB-1 and EB-2 visas are options for individuals with extraordinary abilities, advanced degrees, or exceptional abilities in their fields. Students can also apply for OPT (Optional Practical Training) to work and train in the US for up to 12 months after graduation, with STEM students being eligible for a 24-month extension.
Additionally, marriage to a US citizen offers a pathway to permanent residency for F-1 students. Marriage to a US citizen makes the foreign spouse eligible for a green card through adjustment of status.
Canada
International students in Canada can benefit from various pathways to permanent residency. Many of Canada's immigration programs privilege applicants with connections to the country, such as ties to a specific province, Canadian work experience, or a Canadian educational credential. The Canadian Experience Class (CEC) program is one of the fastest ways to obtain permanent residence, requiring at least 12 months of skilled work experience in Canada. Alternatively, the Federal Skilled Worker (FSW) program does not require Canadian work experience and is a merit-based immigration program that ranks candidates using a Comprehensive Ranking System (CRS).
Ireland
International students in Ireland can follow these four steps to obtain permanent residency:
- Complete undergraduate or postgraduate studies from a recognised educational institution in Ireland.
- Transition to a Graduate Visa, allowing you to search for employment for one to two years without requiring sponsorship or a work permit.
- Seek long-term employment and apply for specific work permits, such as the General Employment Permit or Critical Skills Employment Permit.
- After working in Ireland for five years with the required work permit, apply for permanent residency.
United Kingdom
International students in the UK can apply for a Graduate Visa, which allows them to work in the country for two years, or three years with a PhD or doctoral qualification. During this time, they can work toward transitioning to a different visa, such as the Skilled Worker Visa, which allows them to work for up to five years. After living and working in the UK for five years, individuals can apply for "indefinite leave to remain," the UK's version of permanent residency.
Netherlands
In the Netherlands, international students must have lived in the country for five years to qualify for permanent residency, including the time spent studying. Graduates can apply for a residence permit for an orientation year to look for work. After meeting other requirements based on their country of origin, they can then apply for permanent residency.
Finland
Finland is known for its welcoming immigration policies and has attracted international students seeking permanent residency. To be eligible for permanent residency in Finland, international students must reside in the country for a total of four years, excluding their study years. Upon graduating, they can apply for a residence permit to look for work or start a business.
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Frequently asked questions
If you are an international student in the US and you don't think you will graduate on time, you should talk to your Designated School Official (DSO) about requesting a program extension. This must be done before your program end date.
If you don't graduate within the time stated on your Form I-20, your F-1 student status will expire. You will then have 60 days to leave the US or find another status.
There are several options for staying in the US after graduation, including enrolling in another academic program, applying for a work visa, or applying for a green card.
