F1 Visa To Green Card

Adjusting F1 Visa Status to a Dual-Intent Visa

A Dual-Intent Visa allows the F1 Student Visa holder to be temporarily present in the US with the intention to stay in the US permanently. Changing your F1 single-intent status to a Dual-Intent Visa would provide you with an opportunity to apply for a Green Card.

After completing your studies in the US, you continue to work through curriculum practical training or optional practical training (OPT).  The curriculum practical training might allow you to be sponsored by the school to stay in the US and work as an associate professor. The OPT will enable you to receive work experience in the US and find a job with a US employer who may sponsor you to get an H-1B Visa, which you can later use to move to a Green Card.

Self-Petition as a Person with Extraordinary Abilities for an EB1 Visa

Most international students coming to the US to study enrol in bachelor’s and master’s degrees and develop high-level skills and abilities in their disciplines.

When you complete your studies and gain adequate qualifications, you may be able to self-petition for an EB-1 Visa. The EB-1 Visa is an employment-based US visa for applicants with extraordinary abilities in the sciences, arts, education, business or athletics. To qualify for the EB-1 Visa, applicants must demonstrate that they have achieved accomplishments.

The qualifying achievements are rigorous and include accomplishments such as a distinctive award, showcase or exhibit of work, noteworthy research, publication of articles in journals or in the media, being invited as an expert to critique other people’s work, mainstream success in the performing arts, and more.

Other Employment-Based Visas Used to Go From an F1 Visa to a Green Card

Another employment-based visa that can be used to move from an F1 Visa to a Green Card is an EB-2 Visa. This is a Second Preference Visa for professionals holding advanced degrees or showing remarkable talent in disciplines such as the arts, sciences or business.

Applicants can’t apply for the EB-2 Visa on their own. Their employer is required to petition for the applicant by submitting the petition to the US Citizenship and Immigration Services (USCIS). Applicants must also evidence their advanced degree by providing supporting documentation, including transcripts from their college or university.

F1 Visa holders can also move to the Third Preference Visa (EB-3) if they are professionals, skilled workers, or other workers. They can then move from this employment-based visa to the Green Card if they submit supporting documents such as adequate labor certification or work permit with a minimum of two years of work experience or training in their fields.

If you are unsure how to apply for an Employment-Based Visa as an F1 Visa holder, contact IAS to learn about the process of switching from a Student Visa to an Employment-Based Visa. Call +1 844 290 6312 or chat with one of our advisers online.

The Process of Moving From an F1 Visa to a Green Card Through Marriage

F1 Visa holders have the option to switch from an F1 Visa to a Green Card by marrying a US Citizen or a Lawful Permanent Resident. The marriage must be genuine, and you must demonstrate evidence that you did not get married solely to obtain the Green Card. This is one of the most common routes to obtain a Green Card as an F1 Student Visa holder.

Green Card Application Process for Spouses of US Citizens

If the Green Card applicant is a spouse of a US Citizen, they must submit a Petition for Alien Relative (Form I-130), which is a family sponsorship form filled out and signed by the US citizen who is sponsoring their Green Card applicant spouse.

Once the Petition for Alien Relative is accepted, the Green Card applicant can submit the Green Card application by filling out Form I-485. Along with the supporting documents that the applicant must submit with their Green Card application, they must prove to the USCIS that they have married their spouse “in good faith” and not for the purpose of obtaining a Green Card.

Green Card Application Process for Spouses of Green Card Holders

If the spouse of the Green Card applicant is a Green Card holder, the procedure is initiated the same way. The Green Card holder must submit the Form I-130 to the USCIS. Once the application is accepted, the USCIS provides the applicant with a visa number, which will allow the applicant to fill out Form I-485 and apply for a Green Card.

However, if the visa number is granted after the F1 Visa expires, the student must leave the US, return to their home country, and apply for a Green Card online by submitting a Green Card application or Form DS-260 (Immigrant Visa Electronic Application).

The 90-Day Rule

The USCIS uses the 90-Day Rule when evaluating Green Card applications through marriage to determine whether the applicant entered the US and engaged in conduct that is not allowed with their non-immigrant status. If the applicant enters the US and gets married to a US citizen or a lawful permanent resident within the first 90 days, the USCIS will investigate whether the marriage was solely for the purpose of receiving a Green Card.

Therefore, it is important to keep the 90-day Rule in mind when applying for a Green Card or a change of status, as it can show the original intention of your coming to the US. To avoid triggering the 90-day Rule, it’s best to wait 90 days after entering the US before getting married or before applying for a marriage-based green card.

Becoming an Investor in the US

Another path F1 students can take to get a Green Card is by becoming an investor. This is one of the more expensive routes applicants can take to get a Green Card. However, it is still significant if you wish to settle in the US long-term.

To get a Green Card by investment, applicants must invest a minimum of $800,000 or $1,050,000 in a US commercial enterprise that provides more than ten permanent jobs; you could be eligible to switch from an F1 Visa to an EB-5 Visa and ultimately obtain an Investor Green Card.