Benefits of obtaining a Green Card for F1 visa holders

Given that the F1 visa is issued to students who wish to pursue higher education, it does not warrant you to become a permanent resident in the U.S. This means you are expected to return to your home country upon completion of studies. However, with an OPT job, a pathway to obtaining a green card is potentially set. The benefit of students on F1 OPT Jobs in USA obtaining a green card pertaining to employment opportunities are quite numerous and make the green card much more desirable. Some of the benefits for obtaining a green card include:

There are three significant considerations when determining prevailing wage.

• Freedom of employment: Acquisition of a green card enables one to seek employment and work freely. In comparison to F1 OPT jobs that require legal work authorization, with a green card there are minimal or no work restrictions. This allows you to explore more opportunities without limitation.

• Permanent residency: As long as all the necessary conditions are met and policies followed religiously, F1 visa holders who eventually obtain a green card gain permanent residency. This permits you to live in the U.S lawfully.

• Access to federal benefits: Non-immigrants who are able to adjust their status to immigrants ultimately gain access to federal benefits. These benefits also accord green card holders the opportunity to become financially secure and enables them to support their families.

• Heightened academic chances: An advantage of obtaining a green card is the increase in educational opportunities that are as a result of the in-state tuition rates offered by public universities to green card holders. This benefit makes tertiary education much more accessible due to its affordability.

• Family sponsorship: Green card holders gain the opportunity to sponsor their immediate family for green cards. Knowing that most immigrants are faced with the unfortunate situation of being separated from their family, this is set as a standing solution. You are able to unite with your family as a green card holder.

• Pathway to citizenship: Lawful permanent residents gain the opportunity to apply for U.S citizenship. A green card is a prerequisite for naturalisation which accords you all the benefits and privileges of citizenship.

F1 VISA STATUS TO GREEN CARD ELIGIBILITY AND APPLICATION PROCESS

F1 Visa to Green Card Pathways

Obtaining a green card has been made lengthy and this can be exhausting and discouraging. If you are looking for an extensive list showing other pathways, check out our blog on ‘How international students can apply for a green card’. However, here is the eligibility criteria specific to F1 visa holders showing pathways with high chances for success:

• Employment-based pathway: Securing a full-time OPT job position with an employer who is able to sponsor your green card application is a feasible way to obtaining a green card. This would require the employer to get PERM certification from the U.S Department of labour (DOL) as well as find out the Prevailing Wage for the position and then proceed to file an immigration petition (Form I-140). Would you would finally have to file for an ‘adjustment of status’.

• Dual-intent visa pathway: A dual intent visa permits you to either pursue permanent residency without jeopardizing your non-immigrant visa status. For instance, you can transition from F1 OPT jobs to H-1B as an F1 visa holder and then you can further apply for a green card.

• Family-based pathway: If you have any relatives who are lawful permanent residents in the United States who can sponsor you, this is a viable pathway to obtain a green card.

• Individuals with extraordinary abilities: One has to show their eligibility to the U.S Citizenship Immigration Services for this to be a viable option. A good example is an O1 visa, it is issued to individuals who have satisfied at least three categories of persons with extraordinary ability stated by the USCIS.

F1 Visa to Green Card Process

It is important to note that processing a green card will take anything from months to years depending on the pathway. Here are general steps that are followed despite the differences.

• I. Your sponsor (i.e. employer, family member, spouse) will file an immigration petition for you, which can also be filed personally if you are eligible.

• II. Once the USCIS approves the immigration petition, you file an application for the relevant visa or green card.

• III. Make a biometrics appointment where you will submit your biometrics data.

• IV. Attend an interview as scheduled

• V. Await a decision on your application

F1 Visa to Green Card Timeline

For an international student on OPT using the employment-based pathway, the timeline would follow this pathway.

• Identify an employer ready to sponsor your H-1B: This could take anywhere between a month to three months depending on whether or not you engage professional job search assistant services such as the ones offered by United OPT.

• Your qualified employer will file for PERM: This will last around six to twelve months.

• Get your I-140 approved: this takes around 4 to 6 months

• Once your form I-140 is approved you will have to wait for your priority date to become current.

• File form I-485

Overall, it is very important to note that this timeline can stretch between one to ten years depending on factors such as annual caps and waiting time.

GREEN CARD CHALLENGES & HOW TO TACKLE THEM

• 1. Extensive processing time: Normally the time it takes for a green card to be processed can be quite extensive. An example is the duration it can take an F1 OPT student to change status to H-1B and eventually green card. To overcome a challenge this nuanced, you would need to pay meticulous attention to any immigration changes that could directly or indirectly delay the application process. One of the ways to tackle this challenge is to stay informed about any immigration changes that may cause delay in the process.

• 2. Complexity of immigration laws: Most international students looking for F1 OPT jobs may have limited knowledge on the complex immigration laws the consistent changes. The best way to address this issue is to seek legal assistance and guidance from immigration attorneys.

• 3. Financial limitations: Applying for a green card incurs high costs, from filing fees to legal fees. Handling this challenge will require extensive financial planning and budgeting. One could alternatively seek financial assistance.

• 4. Limited access to federal benefits: F1 visa holders’ inability to access government benefits that are available to permanent residents is often challenging as it impacts one’s quality of life.