Lori Meadows
International students can apply for a Green Card in the US through various pathways, including the EB-5 Visa Program, which offers permanent residency to foreign applicants who invest in vetted US real estate projects. The EB-1 visa is another option, but it is challenging due to its extensive requirements and high fees. Students can also pursue an F1 visa, which allows for full-time study in accredited schools but requires a demonstration of intent to return home. Adjusting from an F1 visa to a Green Card is possible through marriage to a US citizen, family sponsorship, or by obtaining a dual-intent visa and employer sponsorship.
| Characteristics | Values |
|---|---|
| Visa type | F-1, EB-1, EB-5, H-1B, IR-1, CR-1 |
| Requirements | Employment, investment, marriage, family sponsorship |
| Timing | Not within 90 days of entering the U.S. on an F-1 visa |
| Costs | $900,000 for EB-5 Visa; $10,000-$20,000 for H-1B Visa |
| Processing time | 24-30 months for EB-5 Visa |
| Conditions | Conditional status for 2 years, requiring a visit to the U.S. at least once every 6 months |
| Benefits | Greater educational and professional opportunities, in-state tuition fees, ability to live anywhere in the U.S. |
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EB-5 Visa Program
The EB-5 Visa Program, administered by the U.S. Government, grants Green Cards to foreign applicants and their immediate family (spouses and children up to the age of 21) when they invest $900,000 for a limited period in a vetted and secure real estate project in the United States. These green cards are usually processed within 24-30 months, and upon the return of the investment of $900,000, the overall costs are as low as $85,000. The EB-5 Visa Program was created in 1990, and since then, over 78,000 families have applied to receive the benefits of U.S. permanent residency, which include greater educational and professional opportunities.
The EB-5 Visa Program is a great option for international students as it offers greater access to educational and professional opportunities. Green Card holders may also be eligible for in-state tuition fees, which are typically lower than those of foreign nationals. EB-5 Visa holders can also apply for U.S. Citizenship after five years of residency and face no additional requirements when applying. They also have the flexibility to choose which family members get Green Card coverage.
The first step in the EB-5 Visa process is to find an EB-5 project to invest in. EB-5 projects are identified by EB-5 Regional Centers, and the investments are designed to reduce the risk so that they can be paid back after five years. It is important to do thorough research on EB-5 projects as the investments are "at risk," and if the project is unsuccessful, the investor could lose money.
To apply for the EB-5 Visa, the investor must prepare and file Form I-526, Immigrant Petition by Alien Investor. If the investor's I-526 petition is approved, they will be granted 2-year conditional permanent residency in the U.S. During this time, the investor cannot leave the U.S. for more than one year. If the investor is a U.S. resident, they must file Form I-485, Adjustment of Status, to move from their current visa to the conditional green card. If the investor is living internationally, they must complete Form DS-230 and complete an interview with the consulate or embassy in their home country. Finally, the investor must file Form I-829 to become an unconditional lawful permanent resident of the U.S. after the 2-year conditional permanent residency period.
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EB-1 Visa
International students on an F-1 visa in the US can pursue several pathways to obtain a Green Card. One of the fastest paths is the EB-1 visa, which is an employment-based, first-preference visa. To be eligible, you must demonstrate extraordinary ability in fields such as science, education, arts, business, or athletics. You must meet at least three criteria, which include providing evidence of sustained national or international acclaim and recognition in your field.
The EB-1 visa process typically involves the following steps:
- File Form I-140 ("Immigrant Petition for Alien Worker") along with supporting documents and a filing fee of $715, which is paid by your sponsoring employer.
- The processing time for Form I-140 is approximately 7.7 months, but it can be expedited to 15 days with premium processing.
- Once Form I-140 is approved, you can proceed with either adjusting your status if you are already in the US or applying through consular processing at a US embassy or consulate, which will include an in-person interview.
- If your application is approved, you will receive your EB-1 visa, allowing you to work and live in the United States indefinitely as long as you maintain your status and fulfill your employment conditions.
After obtaining the EB-1 visa, you can then apply for a Green Card. If you are in the United States, you may be eligible to file Form I-485, "Application to Register Permanent Residence or Adjust Status," concurrently with Form I-140 to apply for a Green Card without leaving the country. This process is known as "adjustment of status."
It is important to note that changing your immigration status from an F-1 visa to a Green Card can be challenging, and the timing of your application is critical. If you apply for a Green Card within 90 days of entering the US on an F-1 visa, it may be assumed that you misrepresented your intentions when applying for the F-1 visa. Therefore, it is essential to seek guidance from experienced immigration attorneys or advisors to navigate the complex US visa system and explore all available options.
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F-1 Visa
The F-1 Visa is a non-immigrant visa that allows foreign nationals to study full-time at accredited academic institutions in the United States. These include colleges, universities, high schools, elementary schools, seminaries, and language training programs. To be eligible for an F-1 visa, you must be enrolled in a program that culminates in a degree, diploma, or certificate, and your school must be authorized by the U.S. government to accept foreign students.
While it is possible to transition from an F-1 visa to a green card, it is challenging. One of the most common ways to obtain a green card as an F-1 visa holder is through marriage to a U.S. citizen or lawful permanent resident. This process is known as "Adjustment of Status." However, it is important to note that the marriage must be genuine and not solely for the purpose of obtaining a green card. If the marriage is less than two years old when the green card is received, it will come with conditions, and the couple will have to prove the authenticity of their relationship to USCIS after a certain period.
Another way to transition from an F-1 visa to a green card is through employment-based sponsorship. After graduating, F-1 visa holders can find employment, and their employer can sponsor them for an EB-2 or EB-3 visa. The employer must submit supporting documentation to U.S. Citizenship and Immigration Services (USCIS), including proof of the applicant's qualifications and the job offer.
Additionally, F-1 visa holders can adjust their status to a Dual-Intent Visa, which allows them to work in the U.S. through Optional Practical Training (OPT) or Curricular Practical Training (CPT). OPT enables individuals to gain work experience in their area of study, while CPT involves working for their school through internships, work-study, or cooperative education. If an F-1 visa holder finds employment through OPT or CPT, their employer may sponsor them for an H-1B visa, which can later be used to apply for a green card.
Lastly, F-1 visa holders can become investors in the United States and apply for an EB-5 visa, also known as the "Green Card for wealthy investors." This option requires a significant investment of $500,000 to $1 million in a U.S. commercial enterprise, creating more than ten permanent jobs.
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Marriage to a US citizen
If you are an international student who marries a US citizen, you can adjust your status to an IR-1 visa or a spouse visa. The spouse visa is only for foreign spouses of US citizens. USCIS conducts extensive background checks to ensure that the relationship is valid and not solely for the purpose of obtaining a Green Card. When a foreign national marries a US citizen, USCIS grants the foreign spouse a conditional status, issuing a CR-1 visa that is valid for 2 years. If the couple stays married for those two years, the foreign spouse can adjust their status to permanent residency and obtain a Green Card.
To apply for a Green Card, you must submit Form I-485, Application to Register Permanent Residence or Adjust Status, along with supporting documents, including your marriage certificate, evidence of the termination of any previous marriages, birth certificates, photographs, and other USCIS forms. If you have been married to your US citizen spouse for less than two years when your Form I-485 is approved, USCIS will grant you conditional permanent resident status for two years. After this period, you will need to meet additional requirements and file Form I-751, Petition to Remove Conditions on Residence, before USCIS will grant unconditional permanent residency.
If you are outside the US, you must apply for an immigrant visa at the nearest US consulate before you can apply for a Green Card. Obtaining an immigrant visa based on a Permanent Residency application can take several months, and you will be unable to enter the US during this time. To avoid this situation, you can apply for "Advance Parole" from USCIS, which grants permission to travel and re-enter the US while your Green Card application is pending.
It is important to note that marriage to a US citizen can complicate future travel plans, particularly if you are in F, J, or tourist status. These visa statuses typically require individuals to demonstrate ties to their home country and the intent to return there. Marriage to a US citizen can make proving these ties challenging, as it suggests an intention to immigrate to the US. As such, visa stamps may be denied, even if the individual plans to continue as a full-time student.
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Dual Intent Visa
International students in the US on an F-1 visa are typically expected to return to their home country once their studies are complete. However, there are several pathways for F-1 visa holders to adjust their status and apply for a Green Card. One of these pathways is to obtain a dual-intent visa, which allows a foreign national to be temporarily present in the US with the intention of possibly immigrating to the US permanently.
Dual-intent visas are nonimmigrant visas that allow foreign nationals to retain the option to apply for a Green Card (permanent residence) in the future. This is significant because most nonimmigrant visas require that the visitor demonstrates a nonimmigrant intent, and attempting to adjust status to permanent residence with these visas can trigger long-term immigration problems.
F-1 visa holders can obtain a dual-intent visa by adjusting their status to an H nonimmigrant visa, such as the H-1B visa. To do this, the F-1 visa holder must find an employer who will sponsor them by petitioning to the US Citizenship and Immigration Services (USCIS) and getting approval. The employer must also ensure they follow labour and visa laws. The advantage of this pathway is that it is easier than obtaining an EB-1 visa, which has extensive requirements. However, it is important to note that only the employer can start the process for nonimmigrant visas, and there is no guarantee of approval.
Another pathway to obtaining a Green Card is through the EB-5 Visa Program. This program grants Green Cards to foreign applicants and their immediate family when they invest $900,000 for a limited period in a vetted and secure real estate project in the United States. This pathway is more expensive but provides greater access to educational and professional opportunities.
Finally, F-1 visa holders can also adjust their status by marrying a US citizen or Green Card holder. This pathway adjusts the status of the foreign spouse to an IR-1 or spouse visa, which is valid for two years. After this period, the couple must remain married for the foreign spouse to adjust their status to permanent residence and obtain a Green Card.
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Frequently asked questions
The EB-5 Visa Program grants Green Cards to foreign applicants and their immediate family when they invest $900,000 in a vetted and secure U.S. real estate project. The Green Card is usually processed within 24-30 months, and upon the return of the investment, the overall costs are as low as $85,000.
The EB-1 visa is difficult to obtain due to extensive requirements, whereas the EB-5 visa is challenging due to its financial prerequisites.
Yes, but it can be challenging. If you apply for a Green Card within 90 days of entering the U.S. on an F-1 visa, USCIS may assume you misrepresented your intent when applying. Therefore, timing and documentation are critical.
International students can also obtain a Green Card by marrying a U.S. citizen or permanent resident, or by finding an employer who will sponsor them.
