The F-1 visa was created for foreign students to attend an academic program or English Language Program in the United States. F-1 students are generally authorized to stay in the U.S. until they’ve completed their full-time academic courses. It’s a nonimmigrant visa; therefore, it doesn’t allow the visa holder to stay in the U.S. indefinitely. However, there are a variety of paths to adjust status from F-1 to green card.
To be clear, the F-1 visa does not make an individual eligible to apply for permanent residence (green card status) in the United States. However, many students find opportunities to apply for permanent resident status. This article covers some of the most common ways that an F-1 student can apply for a green card. It is not an exhaustive list of options.
F-1 Visa to Green Card through Family
Family-based immigration laws in the United States allow U.S. citizens and permanent residents to petition certain relatives for a green card. If that relative is already present in the United States through a lawful entry, they may be able to adjust status to permanent resident.
Although there are several qualifying relationships, marriage to a U.S. citizen is one of the most common scenarios that allows an individual adjust status from F-1 to green card. In order to adjust status while staying in the U.S., the applicant must have an immigrant visa immediately available to them and be physically present through a lawful entry. In certain situations, the spouse of a U.S. citizen may even adjust status after a visa overstay.
Application Process to Adjust from F-1 to Green Card
To apply for a family-based green card from within the United States, the typical adjustment of status package includes these forms:
- I-485, Application to Register Permanent Residence or Adjust Status
- I-130, Petition for Alien Relative
- I-130A, Supplemental Information for a Spouse Beneficiary (if relative is a spouse)
- I-864, Affidavit of Support
- I-693, Report of Medical Examination and Vaccination Record
- I-765, Application for Employment Authorization (optional)
- I-131, Application for Travel Document (optional)
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Employment-based Green Card for F-1 Students
If you aren’t lucky enough to have a family-based sponsor for a green card, you may need to put your skills to work. Employers can also petition F-1 students for a green card. In certain situations, you may even be able to self-petition to permanent residence.
Employer Sponsorship through EB-2 and EB-3
EB-2 and EB-3 are employment-based categories for a green card. They’re also a natural progression for many highly-skilled graduates entering the workforce. U.S. employers can petition you to stay in the U.S. as a permanent resident who works for the employer.
EB-2 visas are for people who receive a job offer for roles that require an advanced degree and at least five years of work experience; individuals who have an exceptional ability in science, the arts, and business; and those who possess a national interest waiver. Generally, the employer must initiate this process by submitting the petitioner.
EB-3 visas are for skilled workers, professionals and certain others. You must have at least two years of experience or training in your field, and your employer must have a permanent, full-time position available for you (and must have offered the job to you specifically). Again, the employer starts the process to sponsor you.
Self-Petition through EB-1
EB-1 visas are available to people with extraordinary abilities in the arts, sciences, education, business or athletics, may be a solid way for elite students to adjust from F-1 to green card. However, this class of visa is very difficult to qualify for. The qualifications for the EB-1 visa are rigorous. You must produce evidence that you’ve earned a distinctive award, for instance an honor comparable to a Pulitzer Prize. You also need to have achieved three or more of the following accomplishments:
- Your work being highlighted in a showcase or an exhibit
- Noteworthy, original scholarly writing or research, or other significant contributions, in the arts, business, science, or in athletics
- Being awarded a high honor for excellence, nationally or internationally
- Performing a leading role in a well-recognized organization
- Your membership in an organization that expects a high level of achievement
- Your being invited as an expert panelist, or individual, to critique others’ work
- Reaching mainstream success in the performing arts
- You being featured in a trade publication or in the media
- Publication of your articles in journals, trade publications, or in the media
- Garnering a salary that’s higher than your peers due to your unique expertise
While very difficult to qualify for, individuals may self-petition for the EB-1 visa. No employer sponsorship is required.
Asylum Status for F-1 Students Unable to Return Home
F-1 students in the United States who are unable to return to their native country due to past or feared future persecution may be able to petition for asylum status. The persecution must be due to race, religion, nationality, membership in a particular social group or political opinion. Once an asylum application is filed, the applicant remains lawfully present in the United States even if the F-1 status lapses or expires.
If granted asylum status, an individual may generally apply for permanent residence after one year. For certain foreign students who qualify, this an excellent alternative to returning home to unsafe conditions.
Temporary Options to Stay in the U.S.
If you don’t currently have a path to adjust status to from F-1 to green card, there may be other options for staying in the United States while you plan your next move. As an F-1 visa holder, you may take advantage of programs designed to support your employment in the U.S. The curricular practical training and optional practical training programs are both strategies to stay in the U.S. and gain employment experience.
Curricular Practical Training
Curricular practical training (CPT) gives an F-1 student the opportunity to work for their school through an internship, work/study, cooperative education, or other type of required practicum that’s offered through an agreement with the institution.
Your CPT should be work training that is necessary to complete a degree program. Not all degree programs will have required CPT, but it’s often found in practical courses such as business and engineering where students can learn more putting their studies into practice in the workplace. The benefits of CPT include work experience that potentially leads to an employment visa (e.g. H-1B) or other long-term opportunities.
Optional Practical Training
Optional practical training (OPT) allows you to gain work experience in your area of study. Eligible students can apply to receive up to 12 months of OPT employment authorization before completing their academic studies (pre-completion) and/or after completing their academic studies (post-completion).
After you’ve finished your academic studies you may be authorized to participate in OPT for as much as one year—some students may be eligible for an extension. Your employer may wish to sponsor you to get an H-1B visa so that you can remain in the country and keep working.
CitizenPath Makes the Application Process Easy
CitizenPath provides simple, affordable, step-by-step guidance through USCIS immigration applications. Individuals, attorneys and non-profits use the service on desktop or mobile device to prepare immigration forms accurately, avoiding costly delays. CitizenPath allows users to try the service for free and provides a 100% money-back guarantee that USCIS will approve the application or petition. We provide support for the Adjustment of Status Application (Form I-485), Immigrant Visa Petition (Form I-130), and several other immigration services.
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