F1 Student Visa to USA Green Card - How Students Become USA Residents?

As an F1 visa holder in the USA, finding a pathway to a Green Card can be overwhelming. This in-depth guide provides a clear view on how to gain your Green Card in the USA, including stepping through an H1B visa from the F1 route, family and investment Green Cards, self-petitioning visas for persons of extraordinary ability, and more. 

The dream does not end with studies in the United States under an F1 visa upon graduation. Their hopes continue to work and build a long-term future in the USA. A Green Card (permanent residence in the USA) is a significant goal that opens more avenues for international students to live and work in the USA permanently. This article is a complete guide that will outline the options open to F1 students for permanent resident status, along with some concrete steps that you can take to navigate the complicated US immigration system.

What is a Green Card in USA?

A Green Card in the USA is basically permanent residency in USA. It is a legal document authorising people or students to live and work in the USA permanently. With a Green Card in the USA, citizens can also benefit from government schemes and policies. To gain permanent residence in USA, applicants have to apply for an H1B Visa. Transitioning from an F1 visa to an H1B visa can be challenging and time-consuming. However, those who pursue a STEM course and are eligible for STEM OPT Extension can also apply for the H1B visa during this period. 

For permanent residence in USA when the applicants have a job or if they are applying through sponsorship from US residents or in other cases, are eligible for Green Card in USA. 

How to Get PR in USA

F1 visa holders or international students have different pathways to obtaining a Green Card in the USA to get a permanent residence card. The applicants applying for US citizenship, will have to fulfil the eligibility for Green Card in USA through any of the following: Let us discuss them on a case-by-case basis below: 

1. Transitioning from F1 Visa to H1B Visa

Transitioning from F1 visa to H1B visa can happen under limited circumstances to obtain permanent residence USA. Cases where transitioning from F1 visa to H1B visa for a United States of America permanent resident card is possible if:

• Applicants working on OPT or who have obtained STEM OPT Extension should aim to get a permanent job in the USA.
• Upon getting a permanent job in USA on STEM OPT Extension, applicants can extend their stay in USA for up to six years and obtain an H1B visa. During this period, applicants can apply for permanent residence USA.
• Applicants have a job and an employer ready to sponsor them for an American permanent resident card.
• The applicants are legally staying in the USA on an F1 visa and have the capacity to apply for an H1B visa.
• Applicants have not applied for H1B Cap Gap Extension for permanent residence USA in the past six years.
• Also, applicants who are applying for the first time for the H1B can try their luck through the lottery, where 65,000 applicants on F1 visas may be granted an H1B visa to extend their stay in the USA through H1B Cap Gap Extension provision.

While applicants apply for an F1 to H1B Lottery Visa, they can look at getting a permanent residence USA. Get the details of F1 to H1B Lottery Visa Trends here. 

Thus, transitioning from F1 visa status to H1B can be one pathway to obtaining permanent residence in the USA. This pathway to Green Card eligibility in the USA is also termed employment-based sponsorship. When applying for an employer-based sponsorship for a Green Card in USA, applicants and their employers will have to submit the following documents:

Apart from the employer-based sponsorship, there are other pathways for F1 students for USA Green Card. These pathways are as follows:

2. Family-Based Sponsorship

The next best way for permanent residence USA is through family-based sponsorship. This is possible through these circumstances:

• Marriage to a U.S. Citizen or Green Card Holder: Applicants can apply for a US citizenship through marriage. They must prove their marriage is genuine (not just for immigration) and qualify for all checks and standards. This pathway for permanent residence USA is only available for F-1, H-2B, or H-3 visa holders.
• Other Family-Based Categories: To obtain a permanent resident card USA, the applicants’ immediate relatives, such as a spouse, parent, or child under 21 years of age and a US citizen, can apply. There are no annual limits, and the processing is also faster.
• Apart from these, a Green Card in the USA can be obtained through adult children, siblings of US-born citizens, or relatives of Green Card holders. In this case, processing could take a long time. Plus, it is a lesser-taken path for temporary visa holders without eligible sponsors.

Thus, applicants must weigh their options carefully before they apply for permanent residence USA through this pathway. 

3. Investment-Based Sponsorship

F-1 students can apply for citizenship in USA through the EB-5 Immigrant Investor Program by:

• Investing $800,000 to $1,050,000 in a US backed business.
• The investment must, in turn, later create at least 10 full-time jobs for US workers.
• Applicants can invest directly or through a USCIS-approved Regional Center.

This is also not a common pathway to obtaining a permanent resident card USA, but applicants can take the risk if the situation allows.

4. Self-Petitioning Visa

For those F-1 students for whom none of the pathways work for permanent residence USA applications, they have one more option. Applicants can apply for a Green Card without employer or family sponsorship through two ways:

1. EB-2 NIW (National Interest Waiver)

This EB-2 is for those with advanced degrees or exceptional abilities or talents. They must prove that their work benefits the US. This mainly applies to researchers, scientists, entrepreneurs, and public health professionals. In this case, no job offer is required.
2. EB-1A (Extraordinary Ability)

EB-1A applies to top applicants with exceptional talent in science, arts, education, business, or athletics. If applicants have shown or received national or international recognition, they are eligible for a green card in the USA through EB-1a. Highly reputed awards, publications, media coverage, etc., also apply in this case. Undoubtedly, this is one of the fastest green card-obtaining routes, but it is also the hardest to qualify.

How to Apply for Permanent Residency in USA After Studying

Irrespective of employer-sponsored or non-employer-sponsored application for permanent residence USA can be applied for the following step-by-step manner: 

1. Complete the Degree Pursuing on an F-1 Visa: 

Applicants must ensure that they keep their F-1 status while studying. This is a crucial factor to understand everything about the applicant when they apply for US citizenship.

2. Apply for OPT or STEM OPT Extension

• OPT (Optional Practical Training): 12 months of work authorisation in the study area.
• STEM OPT Extension: An additional 24 months to stay back in the USA if you have studied a course under the STEM field.
• This allows you time to get work experience and switch to another visa.

3. Transfer to a Work Visa (Usually H-1B)

• Employer sponsors applicants for an H-1B visa (3-year, renewable to 6 years).
• There's a lottery, so not all are selected (H1B Cap Gap Extension).
• Once on H-1B, applicants can start thier green card process.

4. Employer Sponsorship for a Green Card (EB-2/EB-3)

The employer has to:

• File a PERM Labor Certification (demonstrating no U.S. worker is available).
• File Form I-140 (Immigrant Petition for Alien Worker).
• Once a visa is available (consult Visa Bulletin), and Form I-485 (Adjustment of Status) if residing within the US

American Green Card Eligibility

To summarise, the F1 visa holders can apply for permanent residence USA based on the following routes: 

Obtaining a Green Card in the United States is not easy. It requires meticulous planning over time. Applicants must weigh their options before making up their minds to submit PR in USA applications. Also, applicants must look for pathways to obtain permanent residency in the USA through family, spouse, or employer sponsorship. Remember to give all accurate details and apply for applications within the due course.