How to Go From an F-1 Visa to Green Card Approval

Every year, the United States hosts about one million foreign students in its institutions of higher learning under the F-1 student visa program. Many of them want to stay in the U.S. after graduating, however, the F-1 is only a temporary visa. Around 23% of international students who receive master’s degrees and 11% of those with bachelor’s degrees find other ways to remain in the country after they graduate, according to researchers at the University of California Davis.

To remain in the United States long-term, former foreign students must get a Green Card. This makes them lawful permanent residents, allowing them to live and work in the country indefinitely, while still enjoying travel opportunities abroad.

But there are several options when it comes to getting a Green Card. Figuring out which one is best for your situation can be difficult.

In this article, we’ll describe your options to become a Green Card holder. Here’s what we’re going to cover:

F-1 Visa to Green Card: The Rules

The F-1 visa is a nonimmigrant visa. To be approved, you must convince USCIS that you intend to return home and that you maintain a residence in your home country. However, you might also be thinking about getting a Green Card and becoming a permanent U.S. resident.

Fortunately, recent USCIS policy updates mean you can maintain both positions at the same time. This is sometimes called a dual intent visa.

Under the latest guidance, an F-1 visa holder must keep their residence overseas and have no definite intention of permanently leaving their country of origin. However, the USCIS policy does not prevent students from considering other options. Prospective students should avoid giving the impression that they are certain about becoming U.S. permanent residents.

Essentially, the updated USCIS guidance permits current F-1 students to apply for lawful permanent residence in the United States.

Consider which of the following pathways is best for your situation.

Options for Converting an F-1 Visa to a Green Card

These are the main options for getting a Green Card. We’ll talk about what each one is, notable pros and cons, what the requirements are, and what the application process involves.

Marriage-Based Green Card

An international student may obtain a U.S. visa by marrying a U.S. citizen or lawful permanent resident. This must be considered a valid marriage in the area where it happened and under U.S. immigration law.

The marriage visa option offers some solid advantages. It comes with the benefits of U.S. citizenship or permanent residency. It doesn’t require international acclaim or a significant capital investment unlike some other popular pathways.

However, the marriage-based Green Card does have some drawbacks. Immigration authorities will scrutinize the petition closely. The application can be denied if the authorities doubt the validity of the marriage. Those who are found to have committed immigration fraud by getting married solely to get a Green Card may be penalized. The sponsoring spouse also must have the ability to financially support the foreign spouse.

To apply, the U.S. citizen or permanent resident spouse files Form I-130 (Petition for Alien Relative) with United States Citizenship and Immigration Services (USCIS). If USCIS approves the petition, the foreign spouse must apply to adjust status to lawful permanent resident if they are already lawfully present in the United States. If the foreign spouse is outside of the country, they must use consular processing to apply for an immigrant visa.

EB-1 Visa

The employment-based visa, first preference is more commonly known as an EB-1 visa. As the description suggests, qualified individuals under this category receive top priority consideration among foreign national applicants who seek to immigrate to the United States. This is meant for foreign nationals who have extraordinary skills, are outstanding professors or researchers, or occupy executive or management roles in multinational companies.

One of the key advantages of this visa is that it offers one of the smoothest pathways to U.S. permanent residency for those who qualify. The applicant’s spouse and unmarried children under the age of 21 can also immigrate under E-14 or E-15 status.

The major drawback is obvious. It’s not easy to rise to the top of your scientific, artistic, educational, business, or athletic field and be recognized for it nationally or internationally. And not everyone is a qualified manager or executive who is being transferred to the United States by a multinational company.

Form I-140 (Immigration Petition for Alien Worker) must be submitted as part of the application process. The required evidence you must provide will vary depending on which subcategory you choose. You can read the latest about EB-1 criteria and evidence in the official USCIS EB-1 Guide.

Without the credentials mentioned above, you’ll have to find another route to U.S. residency.

EB-2 Visa

The employment-based visa, second preference (EB-2) is meant for individuals with advanced degrees or exceptional ability in certain fields. This visa is available to professionals with advanced degrees (at least a bachelor’s degree with work experience in the field, or a master’s degree equivalent) or those with exceptional ability in the sciences, arts, or business.

An EB-2 visa is a good choice for those with the educational and professional qualifications above. Those who are particularly accomplished may benefit from a streamlined immigration process. An applicant’s spouse and unmarried children younger than 21 may also be eligible to immigrate under E-21 and E-22 status.

However, meeting the qualification criteria is difficult for many foreign nationals. Most of the time, an EB-2 visa applicant must also have a job offer.

Most EB-2 applicants should be ready to provide the following types of evidence:

• Copies of degrees, awards, publications, professional licenses, or recommendation letters.
• Labor certification approved by the U.S. Department of Labor.
• The employer must file Form I-140 on the applicant’s behalf.

EB-3 Visa

The employment-based visa, third preference (EB-3) is for professionals, skilled workers, and unskilled workers who will perform work for which there are no qualified U.S. workers. An EB-3 professional must have a baccalaureate degree or its equivalent. An EB-3 skilled worker must have at least two years of job experience, education, or training, while an EB-3 unskilled worker must be able to do unskilled labor that is not temporary or seasonal.

An EB-3 visa is an option for many types of workers who do not need to have extraordinary abilities or recognition. Qualified family members including the applicant’s spouse and unmarried children can also immigrate.

However, the EB-3 also has several disadvantages. One of them is the lengthy waiting time because of the visa’s popularity and numerical caps for some categories. A change in the job market while the application is being processed could jeopardize the visa. An applicant also must have a job offer from a U.S. employer who sponsors the applicant, in which case the employer must also get a Labor Certification from the Department of Labor.

As part of the application process, your employer must submit Form I-140 on your behalf and show that they are able to pay you the salary they have offered.

These complexities tend to limit the number of available EB-3 visa opportunities.

EB-5 Visa

The EB-5 Immigrant Investor Program is another opportunity for foreign student investors to obtain a U.S. Green Card. Congress created the program in 1990 to stimulate the U.S. economy. It does so by using foreign investment capital to create jobs for U.S. workers. In return, it allows foreign immigrants who make such investments to gain U.S. lawful permanent resident status.

The EB-5 program’s biggest advantage is that it’s one of the quickest and most reliable ways to immigrate to the United States. Those who invest via a USCIS-designated regional center also have very few day-to-day management responsibilities, freeing them to concentrate on other priorities.

The biggest disadvantage is that it’s only an option for those who can make a qualifying investment, although there are various ways to raise the funds through gifts, loans, etc. The application process can also be challenging for those who do not partner with EB-5 professionals.

An EB-5 investor and their eligible immediate family members can obtain permanent resident status in the United States if the investor:

• Makes a significant capital investment of at least $1,050,000 in an EB-5 project, or a minimum of $800,000 if the project is located in a targeted employment area (TEA).
• Shows that all EB-5 capital came from lawful sources.
• Keeps investment capital at risk throughout the investment period.
• Proves that their investment created at least 10 new, full-time jobs for U.S. workers.

EB-5 investors must complete a series of steps and forms (usually including forms I-526/I-526E, I-485, and I-829) before they receive their Green Cards. We’ve put together an overview of the EB-5 application process here.

Green Card Lottery

The Diversity Visa Lottery Program, which is informally known as the Green Card Lottery, is aimed at diversifying the immigrant population in the United States. It does this by providing some Green Cards to countries that have historically sent few immigrants to the United States.

This may be a good option for applicants from countries that have had low rates of immigration to the United States. The educational and work experience requirements—a high school education or two years of work experience—are much easier to fulfill than those of other immigration categories.

The main downside is that those from countries with high rates of immigration to the United States don’t have a chance at this pathway. Even if one is from a qualifying country, being selected is a matter of luck. The selection process is random and the odds of winning such a visa are low.

To apply, be sure to use only channels provided by the U.S. Department of State so you can avoid scammers. You must also submit Form DS-260 and participate in an interview at a U.S. embassy or consulate.

H-1B Visa

Although the H-1B visa is a nonimmigrant visa, a foreign national can use it as another stepping stone from the F-1 visa to becoming a U.S. permanent resident.

The H-1B pathway is desirable for those who work in in-demand industries for which there are few qualified U.S. workers.

However, there are some big disadvantages to the H-1B visa route:

• The application process is lengthy and complex.
• Most applicants will not be approved because demand is so much greater than the supply of visas.
• If fired, the H-1B visa holder must get another visa or job within 60 days to avoid deportation.
• An H-1B holder’s family members will not be directly eligible for immigration, but their spouse and unmarried children may enter the United States on nonimmigrant H-4 visas.

As part of the application process, an employer must sponsor the individual for permanent residence and submit a Labor Certification application, showing that no qualified U.S. workers are available for the position offered. The employer must also file Form I-140 with USCIS to demonstrate the individual is eligible for an employment-based visa.

If the Form I-140 is approved, the applicant will need to file Form I-485 to adjust status (if already located in the United States) and become a lawful permanent resident. If the applicant is outside of the United States, they should go through consular processing.

Optional Practical Training and Curriculum Practical Training

As part of the H-1B pathway, a foreign student may also work in the United States for up to 12 months under optional practical training (OPT) in a position related to their studies. If they have a degree in science, technology, engineering, and math (STEM), they may qualify for a 24-month extension.

An applicant must first get an employment authorization document from USCIS. While a student is on OPT, an employer may sponsor them for an employment-based Green Card.

Curriculum practical training (CPT) is another route that foreign students may consider if their institution of higher learning permits it. This training is linked to the school’s curriculum and allows a student to perform related work. A foreign student may apply for CPT, then seek an H-1B visa, and eventually obtain employer sponsorship that can lead to a Green Card.

Learn More About How to Get Your Green Card With EB5AN

International students on F-1 visas have many options to gain lawful permanent residency in the United States.

The EB-5 pathway is one of the fastest pathways for those who can raise the required investment capital. To give your application the best chance of success, we recommend working with professionals, including an experienced immigration attorney.

EB5AN’s expert team has helped more than 2,300 families from 60 countries relocate to the United States as lawful permanent residents. Book a free call with us today to learn more about how you and your family can become Green Card holders.