F-1 to Green Card: 6 Common Ways for International Students to Get a Green Card

Written by Tim | Aug 19, 2024 10:54:14 PM

Obtaining an H-1B visa has been increasingly challenging for international students in the United States. However, many are unaware that getting an H-1B is not a prerequisite for green card applications. In fact, as an F-1 student, you can apply for a green card directly. If you plan to stay in the U.S. long term, it is wise to start planning during your F-1 studies. This blog outlines the 6 most common ways for international students to obtain a green card, detailing the requirements and important considerations for each option.

EB-1 (Employment-Based Immigration: First Preference)

EB-2 (Employment-Based Immigration: Second Preference)

EB-3 (Employment-Based Immigration: Third Preference)

EB-5 (Immigration Investor)

Green Card Lottery

Marriage Green Card

1. EB-1 (Employment-Based Immigration: First Preference)

The EB-1 green card is issued to individuals with extraordinary abilities. If you have demonstrated exceptional skill in the fields of science, arts, education, business, or athletics, you may be eligible to self-petition for an EB-1 green card. The advantage of EB-1 is that it does not require a labor certification and has a much shorter wait time for the priority date (around 1.5 years for those born in China; 2.5 years for those born in India; and no waiting times for others).

For doctoral students who have achieved significant outcomes during their studies—perhaps through groundbreaking research or innovation—this could be a direct route to obtaining a green card.

The EB-1 green card has three categories: EB-1A (Extraordinary Ability), EB-1B Outstanding Professors and Researchers), and EB-1C (Multinational Manager or Executive).

EB-1A (Extraordinary Ability)

Requirements

To apply for an EB-1A green card, you must demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international recognition. EB-1A does not require employer sponsorship, which means you can file Form I-140 by yourself.

You must meet at least 3 of the 10 following criteria:

Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence.
Documentation of your membership in associations that require outstanding achievements from their members.
Evidence of published articles or features about you in professional journals, major trade publications, or other significant media.
Proof that you have been invited to review the work of others, either individually or as part of a panel.
Evidence of your original and significant contributions to the field, whether scientific, scholarly, artistic, athletic, or business-related.
Documentation of your authorship of scholarly articles in respected professional journals or major trade publications.
Evidence showing your work has been displayed at artistic exhibitions or public showcases.
Proof of your leadership or critical role in prestigious organizations.
Evidence that you earn a high salary or significant remuneration compared to others in your field.
Evidence of your commercial success in the performing arts.

Important Considerations

This green card category is highly competitive, and the burden of proof is on the applicant.

EB-1B (Outstanding Professors and Researchers)

Requirements

To apply for an EB-1B green card, you must demonstrate international recognition for outstanding achievements in a particular academic field. You must have at least 3 years of experience in teaching or research in that field. Moreover, you must be entering the U.S. to pursue tenure or a tenure track teaching or research position at an institution of higher education.

In addition to the requirements mentioned above, you must meet at least 2 of the 6 following criteria:

Proof of receiving major prizes or awards for exceptional accomplishments.
Documentation of membership in associations that require outstanding achievements from their members.
Evidence of articles or material published in professional journals by others discussing the noncitizen's academic work.
Proof of participation as a judge, either individually or on a panel, evaluating the work of others in the same or a related academic field.
Documentation of original scientific or scholarly research contributions within the field.
Evidence of authorship of scholarly books or articles published in internationally recognized academic journals.

Important Considerations

A job offer from a higher education institution is required.
The institution must file the USCIS Form-140 and provide evidence of your outstanding reputation in the academic field.

EB-1C (Multinational Manager or Executive)

Requirements

To apply for an EB1-C green card, you must have been employed outside the U.S. in a managerial or executive position for at least 1 year within the 3 years preceding the petition. The U.S. employer must be a subsidiary, affiliate, or branch of the foreign company where you worked.

Important Considerations:

Your employer must file the USCIS Form-140.
Your employer must demonstrate that the company is able to pay the offered wage as of the priority date.

2. EB-2 (Employment-Based Immigration: Second Preference)

For those who do not meet the stringent requirements of the EB-1 green card, the EB-2 is a more accessible alternative. In fact, the EB-2 is the most common route for F-1 students to obtain a green card. If you have completed a master’s degree or higher during your studies and have a job offer in your field, this could be a suitable path to permanent residency.

The EB-2 green card requires employer sponsorship, meaning you must have a job offer from a U.S. employer willing to sponsor your green card application. It also requires a labor certification (PERM) to prove that there are no qualified U.S. workers available for the position, which can be time-consuming (usually 1 year). After that, you will still need to wait several years for the priority date.

The EB-2 green card has two categories: advanced degree and exceptional ability.

Category 1: Advanced Degree

Requirements

You must have an advanced degree (master's or higher) or its equivalent (a bachelor’s degree plus 5 years of progressive work experience).

The job you are offered must require an advanced degree.
The employer must obtain a labor certification to prove that no qualified U.S. workers are available for the position.

Important Considerations

Make sure your employer files PERM before the expiration of your current status.
Your employer must file the USCIS Form-140.
The waiting times for the priority date can be lengthy (around 4 years for those born in China; 12 years for those born in India, and 2 years for others).
If you are waiting for your priority date but do not obtain a work visa to stay in the U.S., you may consider using Day 1 CPT to continue your employment and maintain legal status.
If you change employer before the approval of I-140, you will need to restart the entire process.
NIW (National Interest Waiver) is available for EB-2, which can help expedite the application process.

Category 2: Exceptional Ability

Requirements

You must be able to demonstrate exceptional ability in the sciences, arts, or business, and meet at least 3 of the following criteria:

An official academic transcript confirming you hold a degree, diploma, certificate, or similar qualification from a recognized educational institution relevant to your exceptional ability.
Letters from current or former employers verifying at least 10 years of full-time experience in your field.
A professional license or certification to practice in your occupation.
Proof of a salary or other compensation that reflects your exceptional ability in your profession.
Membership in professional associations.
Recognition of your accomplishments and significant contributions to your field by peers, government agencies, or professional organizations.
Other comparable evidence that demonstrates your eligibility is also acceptable.

Important Considerations

Same as the considerations for the category of “Advanced Degree.”

3. EB-3 (Employment-Based Immigration: Third Preference)

The EB-3 green card is for skilled workers, professionals, and other workers. It is less restrictive than EB-2, as it only requires a bachelor’s degree. However, you still need employer sponsorship to apply for EB-3. If you have completed a bachelor’s degree and hold a full-time position, you may be eligible for an EB-3 green card.

It is important to note that current waiting times for the EB-3 category are slightly shorter than those for EB-2. This is because there are fewer eligible EB-3 applicants, as it can be challenging for those with only a bachelor’s degree to secure employer sponsorship. Nevertheless, keep in mind that waiting times may vary significantly among the different categories within EB-3.

EB-3 is divided into three categories: skilled workers, professionals, and other workers (unskilled workers).

Category 1: Skilled Workers

Requirements

You must show that you have at least 2 years of job experience, education, or training that aligns with the job requirements listed on the labor certification.
Relevant post-secondary education may count as training.
The employer must obtain a labor certification to prove that no qualified U.S. workers are available for the position.

Important Considerations

Fewer employers are willing to sponsor EB-3 applicants compared to EB-2.
If you are waiting for the priority date but do not obtain a work visa to stay in the U.S., you may consider using Day 1 CPT to continue your employment and maintain legal status.
If you change employer before the approval of I-140, you will need to restart the entire process.

Category 2: Professionals

Requirements

You must show that you have at least 2 years of job experience, education, or training that aligns with the job requirements listed on the labor certification.
The employer must obtain a labor certification to prove that no qualified U.S. workers are available for the position.

Important Considerations

Same as the considerations for the category of “Skilled Workers.”

Category 3: Other Workers (Unskilled Workers)

Requirements

You must be capable of performing unskilled labor that is not temporary or seasonal and requires less than 2 years of training or experience.
The employer must obtain a labor certification to prove that no qualified U.S. workers are available for the position.

Important Considerations

In addition to the considerations mentioned above, it is important to note that the waiting times for this category is longer (7 years for those born in China; 12 years for those born in India; and 2-3 years for others).
It may be more challenging for unskilled workers to meet the requirements for PERM.

4. EB-5 (Immigrant Investor)

The EB-5 green card offers a unique opportunity for international students with substantial financial resources. This path is ideal for entrepreneurial-minded individuals who have access to significant capital and are interested in starting or investing in a business in the U.S.

Requirements

You must invest at least $1.8 million in a new commercial enterprise that will create at least 10 full-time jobs for U.S. workers.
If you invest in a Targeted Employment Area (TEA), which is a high-unemployment or rural area, the required investment amount is reduced to $900,000.
The investment must be in a for-profit enterprise that engages in lawful business activities.
The jobs created must be direct jobs if the investment is in a new commercial enterprise or indirect jobs if the investment is made in a Regional Center.

Important Considerations

The EB-5 program is complex and requires substantial documentation to prove the source of funds and the creation of jobs.
The waiting times for the priority date are long—around 4 years for those born in India and 9 years for those born in China. However, if you were born in other countries or invest in a TEA, there will be no waiting times.

5. Green Card Lottery

The Diversity Visa (DV) lottery program, commonly known as the green card lottery, is another way for F-1 students to obtain permanent residency. Each year, the U.S. government randomly selects 55,000 applicants from countries with low rates of immigration to the U.S.

While the odds of winning can be slim, it is free to apply, and it offers a chance to secure a green card without the need for employer sponsorship or a significant financial investment. If you are from a country that qualifies, it is worth submitting an entry every year while you are on an F-1 visa.

Requirements

You must be from a country that is eligible for the DV lottery. Countries that have sent more than 50,000 immigrants to the U.S. in the past 5 years, such as India and China, are not eligible.
You must have at least a high school education or its equivalent, or 2 years of work experience in an occupation that requires at least 2 years of training or experience.

Important Considerations

The selection rate for the green card lottery is lower than 1%.
If selected, you must meet all eligibility requirements and be able to pass the background checks and other standard requirements for obtaining a green card.

6. Marriage Green Card

Marrying a U.S. citizen or lawful permanent resident is another common way international students can get a green card. The marriage green card process is usually quicker compared to other categories. The current processing time is 9.3 months.

While this path may seem straightforward, it is crucial to understand the USCIS closely scrutinizes marriage-based applications to prevent fraud. You will need to submit proof of your genuine relationship, attending an interview, and going through background checks.

Requirements

You must be legally married to a U.S. citizen or lawful permanent resident.
You must prove that your marriage is bona fide, meaning it is based on a genuine relationship and not solely for immigration purposes.

Important Considerations

The process involves submitting evidence of your marriage, such as joint bank accounts, lease agreements, and photographs together.
You and your spouse will be interviewed by the USCIS to verify the authenticity of your marriage.
If you are married to a U.S. citizen, you can apply for a green card immediately, while if you are married to a lawful permanent resident, there may be a waiting time for the priority date.

FAQs

1. Can I apply for a green card without a work visa?

Yes, you can apply for a green card regardless of the type of visa you currently hold.

2. What are the procedures for EB-2 and EB-3？
(1 ) Labor certification (PERM).
(2) I-140 application (Immigration Petition for Alien Workers).
(3) Waiting for the priority date.
(4) I-485 application (Application to Register Permanent Residence or Adjust Status).

3. What is the fastest way to get a green card?

In addition to the marriage green card, the fastest way to get a green card is through EB-1. EB-1 applicants can skip the PERM process, and with premium processing, the I-140 application can be expedited to just 15 calendar days.

Waiting times for the priority date vary by country. If you were born in China or India, the waiting time will be around 1-2 years; if you were born in another country, there may be no waiting time at all.

The final step, the I-485 application, takes 1-2 years. Premium processing is not available for I-485.

Thus, if you apply for EB-1 and choose premium processing for the I-140, you may obtain a green card within 2 years.

4. Can I change employers during the green card process?

Yes, you can. However, we recommend waiting until 180 days after your I-140 application is approved. There are 4 possible scenarios:

(1) If you change jobs before your I-140 is approved, you will need to restart the process from PERM.
(2) If you change jobs within 180 days after the I-140 approval, your former employer has the right to revoke your green card application.
(3) If you change jobs 180 days after the I-140 approval, you can retain your priority date, while your new employer will need to go through PERM and I-140 again.
(4) If you change employers 180 days after your I-485 is received by the USCIS, you will not need to restart the process. However, your new position must be similar to the previous one.