The F-1 visa is given to international students who want to study at recognized schools in the US. If you are aiming for a bachelor’s, master’s, or Ph.D. degree, the F-1 visa is your key to studying in the U.S. This article will lead you through the essential steps to get the F-1 visa and examine potential ways to move from F-1 visa to Green Card for permanent residency in the United States.
F-1 Visa to Green Card: 5 Pathways to Permanent Residency
Although the F-1 visa is designed solely for students, many F-1 visa holders aspire to stay in the U.S. after completing their studies. Since the F-1 visa is not a dual intent visa (one that allows for the intention to apply for permanent residency), you need to follow specific pathways if you wish to transition to a green card. Here are five possible routes:
- Transition to a Dual Intent Visa
Transitioning from the F-1 visa to a dual intent visa is an initial step in obtaining a green card. A dual intent visa allows you to stay temporarily in the U.S. and apply for permanent residency without violating immigration laws.
The H-1B visa is one of the most frequently used dual-intent visas. It permits U.S. companies to hire foreign workers for specialized jobs and serves as a nonimmigrant work visa. To get an H-1B visa, you must first get a job offer from a U.S. employer who is ready to support your visa application. After obtaining the H-1B visa, you can work in the U.S. You can subsequently seek a green card by applying under employment-based immigration options like the EB-2 or EB-3 visas.
Changing from an F-1 to an H-1B visa is an important process that enables you to work legally in the U.S. while you work towards obtaining your green card. Remember that the H-1B visa faces fierce competition, as only a restricted number are granted annually. Hence, it is crucial to initiate your search for a job in advance and consider all possible chances for sponsorship.
- Marry a U.S. Citizen or Lawful Permanent Resident
Another way to get a green card while on an F-1 visa is by marrying a U.S. citizen or lawful permanent resident. If your partner is a U.S. citizen or possesses a green card, they can request a green card for you.
Nevertheless, there is a 90-day regulation connected to the F-1 visa. Upon arrival in the United States with an F-1 visa, waiting at least 90 days before tying the knot is recommended. Marriage within 90 days of arriving in the U.S. may make immigration officials think you came to marry, not study, possibly resulting in your green card application being rejected for fraud.
Following the 90-day timeframe, you may move forward with the green card application based on marriage, which includes submitting Form I-130 (Petition for Alien Relative) and Form I-485 (Application to Register Permanent Residence or Adjust Status). Furthermore, you must also show proof that your marriage is real and not just for immigration reasons.
- Obtain Employer Sponsorship
Numerous F-1 visa international students look for work opportunities in the United States with the help of initiatives such as Curricular Practical Training (CPT) or Optional Practical Training (OPT). Finding an employer to sponsor a green card could be a great way to obtain permanent residency.
Employer sponsorship commonly happens via green card categories based on employment, like EB-2 and EB-3 visas. The EB-2 visa is for people with high-level qualifications or exceptional talent in their area, whereas the EB-3 visa is for skilled workers, professionals, and specific other workers.
To seek an employment-based green card, the employer sponsoring you must submit Form I-140 (Immigrant Petition for Alien Worker) on your behalf. Furthermore, the employer is required to secure a verified labor certification from the Department of Labor, showing that there are no eligible American workers accessible for the role.
- Invest in U.S. Business Ventures
If you have the necessary funds, you can also obtain a green card through the EB-5 visa program. The EB-5 visa is a type of visa for investors that provides foreign individuals with permanent residency if they invest a significant sum of money into a U.S. company and generate employment opportunities for American workers.
To be eligible for the EB-5 visa, you need to put in at least $800,000 in a new business in a Targeted Employment Area (TEA), or $1,050,000 in a non-TEA. Furthermore, your investment must generate or protect at least 10 full-time positions for American employees.
After meeting the investment and job creation criteria, you can submit Form I-526 (Immigrant Petition by Alien Investor) and become a green card holder by submitting Form I-485.
- Self-Petition as a Person of Extraordinary Ability
If you have gained advanced knowledge or skills in your field while studying in the U.S., you might be eligible for an EB-1 visa as an individual with extraordinary abilities. The EB-1 visa is set aside for individuals who have made notable achievements in disciplines like science, arts, education, business, or athletics.
To be eligible for the EB-1 visa, you need to present substantial proof of your exceptional talent, such as accolades, published works, membership in reputable groups, or advancements in your industry. In contrast to other green card categories based on employment, the EB-1 visa allows individuals to apply independently without needing an employer’s sponsor.
The application process includes submitting Form I-140 (Immigrant Petition for Alien Worker) and proving that your stay in the U.S. will greatly benefit the nation.
Ready to Explore Your Path to a Green Card?
Navigating the journey from an F-1 visa to a green card can be complex, but you don’t have to go through it alone. At 360 Immigration Law Group, we proudly serve Coconut Creek, Pompano Beach, Boca Raton, Tamarac, Parkland, Deerfield Beach, Sunrise, Oakland Park, Fort Lauderdale, Plantation, and beyond. We offer complimentary Portuguese, Spanish, and English consultations to ensure you understand your rights and options effectively. Contact us at 954.667.3660 to schedule your free consultation and take the first step toward making your American dream a reality.