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The likelihood that an overseas student studying and living in the US will wish to settle down permanently is considerable, especially if they hope to land a well-paying job. The students’ visa is only good while they are enrolled in school; after that, they are not permitted to remain in the US. The student must declare during the application time that they will leave the country and return. They need to demonstrate that once they earn their degree, they’ll return to their native nation.
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Even if the F1 visa is not an immigrant one, it is still feasible to stay in the country after receiving your degree. The US wants educated citizens living in their country, thus that is the reason. There are a few ways for F1 visa holders to remain in the country since the majority are pursuing higher education in the US. In order to permanently live and study in the US, an F1 student visa holder can apply for a Green Card. You can become a permanent resident in several different ways.
It is easier to get permanent residence as a student visa holder, this is because you are already legally living in the country, in fact by this you already have one foot in the door.
Converting your student visa to a PR
There are a few ways to get PR via a student visa:
If you are an international student, you can obtain a Green Card by getting married to a US citizen. Your status will change to an IR-1 visa or a spouse visa if you choose this route to a Green Card. Only foreign spouses of US citizens are eligible for the spouse visa.
Keep in mind that you will need to provide evidence that your relationship is real (not simply a ploy to get residency). The US Citizenship and Immigration Services (USCIS) will ask you questions, investigate your background, and review any documents you submit during the demanding procedure.
USCIS grants the foreign spouse a conditional status once they marry a US citizen. A two-year CR-1 visa is issued to them. The foreign spouse loses their status if the marriage disintegrates during those two years. The foreign spouse will then have to go back to their native nation.
After those two years of marriage, the foreign spouse may change their status. They are able to convert their conditional status to one that is permanent and obtain the Green Card. This is the route you can take to obtain a Green Card if you are an international student who is in a committed relationship with a US citizen.
Making investments in the US economy is a different way to obtain a Green Card. If you’re affluent enough to afford it, then this just pertains to you. The EB-5 visa is available if you invest $500K to $1M in a US business and create more than 10 permanent jobs.
Rich investors can obtain a Green Card under the EB-5 visa. There are four different categories of EB-5 visas, and you must satisfy certain requirements in order to obtain one.
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The EB-5 is challenging due to the necessary financial requirements. However, it is one of the better ways to transition from an F1 visa to a Green Card if you can afford it.
Every year from October through November, the Electronic Diversity Visa Lottery is held. There is no assurance you will obtain a green card through this procedure, which is commonly referred to as the “green card lottery.” Keep in mind that some nations, such as Canada, South Korea, Mexico, and some others, are not eligible if they have sent over 50,000 immigrants to the US in the previous five years.
Since many F1 visa holders enroll in postsecondary institutions, they have a wealth of expertise. They possess skills that the typical individual or Green Card application would not have. The United States has created a special visa for these accomplished individuals. This is the EB-1 visa or the Persons with Extraordinary Abilities Green Card.
This visa is for these group of persons: Outstanding professors and researchers, individuals with exceptional talent in the arts, sciences, business, athletics, or education, and executive managers who have spent the last three years working in a foreign branch of a US corporation.
A person can then permanently work in the US in their area of expertise with an EB-1 visa. The rigorous standards make it challenging to obtain an EB-1 visa. It is extremely challenging to transition from an F1 visa to an EB-1 visa because very few people can meet them.
You must demonstrate that you have completed any of the following in order to be eligible for an EB-1 visa:
There are two ways for an F1 international student to petition for an EB-1 visa:
Get employment in their area of expertise or self-petition
If you land a job, your company is required to sponsor you by covering the cost of the petition. They must also make sure they abide by immigration and labor rules.
If you self-petition, you have to go through the entire process on your own. Making the application and paying the exorbitant costs are part of this. There is no assurance you will receive an approval even after doing this.