Many international students face F-1 visa rejections every year, mainly due to insufficient ties to the home country, incomplete documentation, or doubts about returning home post-study. Thankfully, there are other visa routes that will allow these students to study in the U.S. These visas provide alternative study pathways in case of an F-1 visa rejection.
In this article, we’ll discuss what to do following an F-1 visa rejection, alternative visa options available to international students, and why the EB-5 visa offers the best solution. But first, we’ll offer a quick overview of the F-1 student visa.
What Is the F-1 Visa?
What Happens If an F-1 Visa Application Is Rejected?
Other Alternative Visa Routes for Prospective F-1 Students
- H-1B Specialty Worker Visa
- L-1 Intra-Company Transferee Visa
- E-2 Treaty Investor Program
- EB-3 Visa (Employment-Based Third Preference)
- EB-5 Immigrant Investor Visa
Why EB-5 Is a Better Alternative
Study in the U.S. With an EB-5 Green Card
What Is the F-1 Visa?
The F-1 student visa is a non-immigrant visa that allows international students to pursue full-time academic studies in an accredited institution or a language training program. It is the most popular visa route for international students who want to study in the U.S.
To qualify for the F-1 visa, you must:
- Be enrolled in a degree, diploma, or certificate program or course at an accredited institution and obtain a Form I-20.
- Prove that you have sufficient funds to cover your tuition and living expenses.
- Convince the U.S. immigration officer adjudicating your case that you intend to return to your home country after completing your studies.
The F-1 visa is valid for the duration of your studies, as stated in your Form I-20. However, you can apply for a post-completion optional practical training (OPT), allowing you to remain in the U.S. for an additional 12 months. The post-completion OPT can be extended to 24 months if you’re a STEM student.
However, you must leave the U.S. within 60 days after the expiration of your F-1 status if you’re unable to secure an OPT position or an alternative visa.
What Happens If an F-1 Visa Application Is Rejected?
The U.S. is home to some of the best universities and colleges worldwide and receives nearly half a million F-1 student visa applications yearly. Due to the limited admissions quota available to international students, among other factors, many of these applications are rejected.
Depending on the reason for the rejection, prospective students can typically reapply for an F-1 visa after rejection. There’s no guarantee, though, that you will receive visa approval on a second or even third application. And you’ll likely miss the resumption date for your course while waiting for a second adjudication and will have to defer or forfeit your spot in the program.
Other Alternative Visa Routes for Prospective F-1 Students
An F-1 visa application rejection can be a significant setback for your educational goals. However, you do not have to give up on your dream of a U.S. education solely because your F-1 visa application was rejected. Several other visa routes will allow you to study in the U.S. We’ll discuss some of these below.
H-1B Specialty Worker Visa
The H-1B program allows U.S. employers to hire skilled foreign workers in specialty occupations. This program requires these workers to hold at least a bachelor’s degree or its equivalent. It also requires employer sponsorship. Your U.S. employer must file an I-129 petition on your behalf and receive approval before you can apply for an H-1B visa.
H-1B workers can pursue further studies in U.S. institutions. This makes the program a viable option for international students seeking an F-1 visa for postgraduate studies. However, there are many limitations to studying in the U.S. with an H-1B visa.
First, H-1B is an employment-based visa, and your job may not allow you to participate in a full-time educational program. Because the visa is employment dependent, you may be unable to complete your studies if you lose your job unless you receive another H-1B sponsorship within 60 days.
Also, H-1B is a non-immigrant visa and offers no direct path to permanent residency. It grants a maximum stay of six years—a three-year initial stay and another three years upon renewal. You can only renew beyond the six-year limit in exceptional situations. This means it is not an ideal solution if you want to build a long-term career in the U.S.
L-1 Intra-Company Transferee Visa
The L-1 visa is a non-immigrant visa that allows companies to transfer executives, managers, or specialized workers to their branch or subsidiary in the U.S. It is a good alternative to an F-1 visa if you work in a managerial role in a multinational company and want to pursue further studies in the U.S.
However, it may not be ideal if you intend to build a career in the U.S. after your studies. The L-1 visa only permits you to work for your sponsoring employer. You cannot change employers in the U.S.
Also, the L-1 visa only allows you to stay in the U.S. for a maximum of seven years if you’re an executive or manager and five years if you’re a specialized worker. You may have to return to your home country after the seven- or five-year limit unless you are able to obtain an employment-based Green Card.
E-2 Treaty Investor Program
The E-2 visa grants temporary residence to nationals of E-2 treaty countries who want to establish a business in the U.S. If you’re a national of a country that has an E-2 treaty with the U.S., an E-2 investor visa may be a good option for studying in the U.S.
E-2 visa holders and their dependents (spouses and unmarried children below 21) can work and study in the U.S. An E-2 visa is issued for an initial five years and allows for indefinite two-year renewals. It does not, however, provide a direct path to permanent residency.
Additionally, your legal status is tied to the success of the E-2 business. A business disruption or failure will impact your ability to remain in the U.S. Therefore, the E-2 visa is not an ideal long-term solution if you intend to stay permanently in the U.S.
EB-3 Visa (Employment-Based Third Preference)
The EB-3 visa is a migrant visa that grants U.S. permanent residency to professionals, skilled workers, and certain unskilled workers. You must receive a valid employment offer from a sponsoring U.S. employer to qualify. In addition, the employer must first obtain a labor certification proving that there are no qualified American workers for that position.
The EB-3 visa allows you and your dependent spouse and children to live, work, and study in the U.S. Critically, though, the demand for EB-3 visas far exceeds the available number for each fiscal year. This has created a heavy backlog and long wait times for EB-3 applicants.
Currently, only EB-3 applicants who filed their petitions before November 2022 can apply for an EB-3 visa. The wait time is even worse for Indian and Chinese nationals. Only Indian applicants who filed for EB-3 before November 2012 and Chinese nationals who filed their petitions before January 2017 can apply for an EB-3 visa. In other words, these applicants may have to wait over a decade to receive their EB-3 Green Cards.
EB-5 Immigrant Investor Visa
The EB-5 program grants U.S. permanent residency to foreign investors and their dependent spouses and children in exchange for a substantial investment in the U.S. economy. To qualify, they must invest at least $800,000 in a new commercial enterprise (NCE) or $1,050,000 if the NCE is not in a targeted employment area. Using these invested funds, the NCE must then create at least 10 permanent jobs for qualified U.S. workers.
Once your application is approved, you and your dependents will receive a conditional Green Card that is valid for two years. After the two years of conditional residence, you can apply to have the conditions removed, provided you meet the requirements.
An EB-5 Green Card allows you to live, work, and study in the U.S. There are no backlogs in the EB-5 reserved quota, and you can get your EB-5 Green Card in less than 12 months.
Prospective students who do not have the necessary funds for an EB-5 investment can use gifts from their family members as the source of their investment capital.
Why EB-5 Is a Better Alternative
The EB-5 program offers a good alternative to the F-1 visa. It grants you and your dependent family members the right to permanently live, study, and work in the U.S.
Some of the benefits of studying in the U.S. with an EB-5 Green Card include the following:
- Lower tuition rates: EB-5 Green Card holders can benefit from lower in-state tuition at public universities and colleges. This saves you the cost of paying the high international student fees.
- Improved access to world-class universities: EB-5 Green Card holders are not subject to international admission quotas. As a result, they have higher chances of being accepted into exclusive institutions, including Ivy League schools, provided they meet the requirements.
- Better access to funding opportunities: International students have limited access to funding and are not eligible for most state and federal aid. Conversely, an EB-5 Green Card makes you eligible for most university, state, and federal grants and scholarships, which can further help reduce your education costs.
- Work-study opportunities: With an EB-5 Green Card, you can work for any employer while pursuing your studies. F-1 students, meanwhile, can work only on campus in the first year and in limited roles in subsequent years.
- Improved career prospects: An EB-5 Green Card gives you the right footing to compete in the U.S. job market after completing your studies. You can work for any employer you choose and change jobs when you need to without jeopardizing your immigration status.
- Stability: Unlike the H-1B and L-1, which offer limited stays, an EB-5 Green Card allows you to reside permanently in the U.S. It provides the stability and security you need to make long-term life and career plans.
Study in the U.S. With an EB-5 Green Card
An F-1 visa rejection can impede your educational and career goals. With an EB-5 visa, you can enjoy better academic and career benefits in the U.S., as well as a path to permanent residency and eventual citizenship.
EB5AN can guide you through the process of obtaining an EB-5 Green Card. We’ve helped over 2,300 families from 60+ countries obtain U.S. permanent resident status through the EB-5 program.
To learn more about the EB-5 program and the U.S. education opportunities it offers, book a free one-on-one session to speak with our expert team today.
