Ibrahim Gardner
International students who wish to become citizens of the United States must first understand that there is no direct path to citizenship. However, there are several steps and visa options that can help them transition from student status to permanent residency and eventually citizenship. This process usually begins with an F-1 visa, which allows non-immigrant students to enter the US as full-time students. After graduating, some students may be able to change their status from F-1 directly to H1-B, a non-immigrant visa that allows temporary employment for specialty jobs requiring a bachelor's degree. After four years of holding an H1-B visa, an individual can apply for a permanent residence, commonly known as a green card, and eventually US citizenship.
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What You'll Learn
Student visas: F-1, M-1, and J-1
International students wishing to study in the United States will generally need a student visa. There are three non-immigrant visa types: the F-1, J-1, and M-1 visas. These visas are for students pursuing a full-time academic curriculum or an English language program at an accredited college, university, or academic institution.
F-1 Visa
The F-1 Visa (Academic Student) allows you to enter the United States as a full-time student at an accredited college, university, academic high school, elementary school, or other academic institution, or in a language training program. Your school must be authorised by the US government to accept foreign students. F-1 students may not work off-campus during the first academic year but may accept on-campus employment. After the first year, F-1 students can engage in off-campus work through the Curricular Practical Training (CPT) and Optional Practical Training (OPT) programs. All employment must be related to the student's area of study.
M-1 Visa
The M-1 visa (Vocational Student) includes students in vocational or other non-academic programs, other than language training. M-1 students may engage in practical training after they have completed their studies. M-1 students can participate in practical training after they complete their training or vocational program. In general, it is not permissible for M-1 visa holders to change their study.
J-1 Visa
The J-1 visa is intended for international students participating in short-term academic and cultural exchange programs. Students must be sponsored by a program approved by the US Department of State and have sufficient financial support. Students can work under "Academic Training", receiving practical experience related to their field of study. This can be unpaid or paid, full-time or part-time, as long as permission is granted by the program sponsor.
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Permanent residency: Green Card
International students in the US are typically on F-1 or M-1 visas, which are non-immigrant visas granted temporarily with the intent to return to one's home country after the visa ends. While there is no direct path to citizenship for international students, it is still possible to transition from student status to permanent residency.
Permanent residency, also known as a Green Card, is a long and complex process for international students. Here is a step-by-step guide:
Step 1: Understand the Options
International students on F-1 visas have a few options after graduation. They can choose to continue their studies in graduate school or look for employment in the US. Those who wish to work can apply for Optional Practical Training (OPT) during or after their degree, providing an additional 12 months in the US. STEM degree holders can apply for a 24-month extension. While on OPT status, students can work towards finding an employer who will petition for an H-1B visa on their behalf.
Step 2: Transition to H-1B Visa
The H-1B visa is a non-immigrant, temporary visa that allows specialty job employment requiring a bachelor's degree. This step can be challenging as H-1B visas are capped at 65,000 annually, with an additional 20,000 for advanced degrees. USCIS uses a lottery system for random selection. The H-1B visa is typically valid for three years, with a possible three-year extension.
Step 3: Employer-Based Green Card
Towards the end of the six-year H-1B visa, the employer can initiate the process of obtaining a Green Card through an H-1B visa petition. This step involves the employer "sponsoring" the application and working with an immigration attorney. The transition from H-1B to a Green Card is divided into five preference categories.
Step 4: Maintain Continuous Residency
To be eligible for citizenship after obtaining a Green Card, individuals must maintain continuous residency in the US. Absences from the US can impact eligibility for citizenship. To be eligible, individuals must have physically resided in the US for at least half of the required period before applying for naturalization. Additionally, they must have lived in the immigration district where the application is filed for at least three of the six months preceding the submission.
Step 5: Apply for Citizenship
After obtaining a Green Card and maintaining residency for a certain period, individuals can apply for US citizenship through the naturalization process. This involves taking a citizenship test, demonstrating English proficiency, and meeting other requirements.
It is important to note that the process of obtaining a Green Card and transitioning to citizenship can be complex, and seeking advice from qualified immigration attorneys is recommended.
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Naturalization: Path to citizenship
International students in the United States on an F-1 visa may choose to continue their studies in graduate school or look for work in the country. Students may apply for Optional Practical Training (OPT) during or after the completion of their degree, which provides an additional 12 months in the US at each educational level. For STEM degree-holders, a 24-month extension period is available. While still considered a nonimmigrant visa, OPT allows students to continue working in the US.
Once an F-1 student's OPT status expires, they may shift to an H-1B visa. This nonimmigrant visa is for temporary employment in specialty jobs that require a bachelor's degree. Students cannot apply for this visa themselves; instead, their employer must petition and apply for it on their behalf. The H-1B visa is typically valid for three years, with an option to extend for another three years. However, it is capped at 65,000 visas annually, with an additional 20,000 for advanced degree holders. Due to the limited number of visas, USCIS has established a lottery system for processing H-1B visa applications.
After the maximum period of six years on an H-1B visa, an employer can apply for a green card (permanent residence) through an H-1B visa petition on the employee's behalf. This step is crucial, as it sets the path towards US citizenship. To obtain a green card, an applicant must go through several stages: application approval, labour permit, and final approval of the green card.
To become a US citizen, an individual with permanent resident status must apply for citizenship. This process is known as naturalization, which involves a "10-step naturalization process" to verify eligibility and establish an oath of allegiance to the US. Applicants must also take the US citizenship test, which assesses their proficiency in the English language and knowledge of US history, government, and the Constitution. While there is no direct path for international students to become US citizens, the outlined steps provide a pathway to transition from student status to permanent residency and, ultimately, citizenship.
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H1B visa: Work visa
International students in the US on an F-1 visa are often faced with the decision to either return to their home country or stay in the US to work after graduation. For those who choose the latter, the H-1B visa is a popular option. The H-1B visa is a non-immigrant visa that allows individuals from all over the world to work in the United States for a sponsoring employer. This visa type is specifically for workers in specialty occupations that require higher education or technical experience, such as science, medicine, engineering, and mathematics.
The H-1B visa is a great way for international students to stay employed in the US and gain experience in their field. However, it is important to note that there is a cap of 65,000 H-1B visas issued each fiscal year. The first 20,000 petitions filed for individuals with a master's degree or higher are exempt from this cap, as are workers employed by an institute of higher education, a government research organization, or a nonprofit research organization. Due to high demand, the cap numbers are often used up very quickly, so it is important to plan in advance if you will be filing for an H-1B visa.
The H-1B visa is typically valid for three years and can be extended for an additional three years for a total of six years. To extend the visa, the employer will need to complete and file Form I-129 again, along with any supporting documents, and pay the filing fee. It is possible to be eligible for an H-1B extension beyond the sixth year under certain circumstances, such as being the beneficiary of an approved immigrant visa petition under the EB-1, EB-2, or EB-3 classifications.
To obtain an H-1B visa, the individual must find an employer who will petition and apply for the visa on their behalf. The employer must demonstrate to the Department of Labor (DOL) that they will pay the employee the prevailing wage for that occupation in the geographic area or their actual wage, whichever is higher. The employer must also obtain a certification of an LCA from the DOL, which includes attestations that the employer will comply with labor requirements.
The H-1B visa is considered a "'dual intent' visa, meaning that holders can have legal immigration plans to obtain permanent residency, or a "green card." Towards the end of the six years on the H-1B visa, the employer will need to apply for a green card through an H-1B visa petition on the employee's behalf. Obtaining a green card is a long and complex process, and the transition from H-1B to an employer-based green card is divided into five preference categories.
After obtaining permanent residency, individuals can then apply for US citizenship. This process is known as naturalization and includes taking a citizenship test and demonstrating proficiency in the English language.
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Employment: Practical training
International students in the US on an F1 visa are allowed to work, but only under certain conditions and restrictions. One such option is Curricular Practical Training (CPT), which is off-campus employment when the practical training is integral to the curriculum or academic program. CPT employment can be defined as "alternative work/study, internship, cooperative education, or any other type of required internship or practicum offered by sponsoring employers through cooperative agreements with the school". CPT can be done on a full-time or part-time basis, but it must be an integral part of the degree program or a requirement for a course for which academic credit is received. Students can get paid for CPT employment, but prior authorization from the school's International Student Office and notification to the US Citizenship and Immigration Service (USCIS) is required.
Another option for F1 students is Optional Practical Training (OPT), which can be applied for during or after the completion of their degree, providing an additional 12 months in the US at each educational level. OPT is temporary employment directly related to the student's area of study. Students must apply for OPT after being enrolled for at least 9 months, but they cannot begin employment until they have been enrolled for at least a year and received their Employment Authorization Document (EAD) from USCIS. Students with STEM degrees can apply for a 24-month extension period. OPT employment can occur anywhere in the US and does not require a job offer beforehand.
Students who have engaged in 12 months or more of full-time CPT are not eligible for OPT. Part-time CPT, however, does not affect OPT eligibility. Students may work full-time during the summer and other breaks, as long as they return to school after the break.
M-1 students, or those in vocational or other non-academic programs, may engage in practical training only after they have completed their studies. Practical training is the only type of work permission available to M-1 students, with eligible students allowed to receive on-the-job training for up to six months after completing their program.
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Frequently asked questions
The basic path to citizenship is through 'naturalization'. However, most international students probably do not qualify. The process of obtaining US citizenship for international students usually starts with an F-1 visa and evolves from there. Students can engage in "practical training" related to their studies, such as Curricular Practical Training (CPT) and Optional Practical Training (OPT). After this, the next step is to apply for an H1B visa, which is normally issued for two or four years and can be renewed up to eight years. Once the H1B visa expires, students can apply for a green card, which completes the process of getting citizenship.
An F-1 visa is a nonimmigrant visa for full-time international students pursuing academic studies. Students with an F-1 visa must attend a school and enrol in courses that are certified by the Student and Exchange Visitor Program (SEVP). F-1 students are only allowed to work in limited circumstances, such as economic need or on-campus during their first year.
An H1B visa is a nonimmigrant visa that allows immigrants to work temporarily in high-skilled occupations. It is normally issued for two to four years and can be renewed up to eight years. To qualify for an H1B visa, immigrants must have specialised knowledge and a bachelor's degree or higher.
