For many international students, the dream of studying in the United States often extends beyond obtaining a degree. It often includes the desire to settle down and build a life in the country. Fortunately, there are several pathways to permanent residency (PR) available to eligible individuals who have studied in the USA. In this comprehensive guide, we’ll explore the eligibility criteria, pathways, requirements, success rates, benefits, and additional resources for international students seeking PR in the USA.
Eligibility
International students studying in the USA may be eligible for PR through various visa categories, including:
F-1 Visa Holders: F-1 visa holders may be eligible for PR through employment-based immigration pathways such as the Optional Practical Training (OPT) program and subsequent employment-based visas.
OPT Participants: OPT allows F-1 students to work in their field of study for up to 12 months after graduation. STEM (Science, Technology, Engineering, and Mathematics) degree holders may qualify for a 24-month extension under the STEM OPT program.
H-1B Visa Holders: International students who secure employment with a U.S. employer willing to sponsor them for an H-1B visa may have a pathway to PR. The H-1B visa is a non-immigrant visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations.
Pathways to PR
Several pathways lead to PR for international students in the USA:
H-1B Visa: After securing a job offer from a U.S. employer, international students may apply for an H-1B visa, which can serve as a stepping stone to PR. H-1B visa holders can later apply for a Green Card (permanent residency) through employment-based immigration categories.
EB-2 NIW (National Interest Waiver): This category is available to individuals with advanced degrees or exceptional abilities in their field whose work is deemed to be in the national interest of the United States. International students who meet the criteria may self-petition for an EB-2 NIW Green Card.
EB-5 (Investment-Based) Visas: The EB-5 Immigrant Investor Program offers a pathway to PR for foreign investors who make a significant investment in a new commercial enterprise in the United States. This investment must create or preserve at least 10 full-time jobs for qualifying U.S. workers.
Requirements and Process
Each pathway to PR has specific requirements and application procedures:
H-1B Visa: To obtain an H-1B visa, an employer must sponsor the international student for a specialized job role. The employer must demonstrate that the position requires specialized knowledge and that they have been unable to find a qualified U.S. worker to fill the position. The H-1B visa application process involves several steps, including obtaining a certified Labor Condition Application (LCA) from the Department of Labor and filing an H-1B petition with USCIS.
EB-2 NIW: To qualify for an EB-2 NIW Green Card, applicants must demonstrate exceptional abilities or an advanced degree in their field and show that their work is in the national interest of the United States. Applicants must submit a Form I-140, Immigrant Petition for Alien Worker, along with supporting documentation to USCIS.
EB-5 Visa: To qualify for an EB-5 visa, investors must invest a minimum of $1.8 million (or $900,000 in a targeted employment area) in a new commercial enterprise that creates or preserves at least 10 full-time jobs for qualifying U.S. workers. Investors must submit Form I-526, Immigrant Petition by Alien Investor, to USCIS.
Success Rates
Success rates for PR applications by former international students vary depending on factors such as the chosen pathway, individual qualifications, and immigration policies. According to USCIS data, the approval rates for employment-based Green Card applications (including EB-2 NIW and H-1B to Green Card conversions) have generally ranged from 50% to 90% in recent years.
Benefits of PR
Obtaining PR in the USA offers numerous benefits, including:
Permanent Residency: PR status grants individuals the right to live and work permanently in the United States.
Work Authorization: PR holders can work for any employer in the United States without needing a separate work visa.
Access to Social Programs: PR holders are eligible for various social programs and benefits, such as Medicare and Social Security.
Additional Resources
For further information and assistance on obtaining PR in the USA, international students can explore the following resources:
USCIS Official Website: The U.S. Citizenship and Immigration Services website provides detailed information on immigration pathways, forms, and requirements.
Immigration Attorneys: Consulting with an experienced immigration attorney can provide personalized guidance and support throughout the PR application process.
Support Organizations: Organizations such as the National Immigration Forum and the American Immigration Lawyers Association offer resources and support for immigrants navigating the U.S. immigration system.
Personal Anecdotes or Case Studies
Sharing personal anecdotes or case studies of international students who successfully obtained PR can provide valuable insights and inspiration. For example, Sarah, a former F-1 student from India, secured an H-1B visa after graduation and later obtained PR through her employer’s sponsorship. Her journey highlights the opportunities available to international students willing to pursue employment-based immigration pathways.
Legal Disclaimer
It’s important to note that the information provided in this article is for informational purposes only and should not be considered legal advice. Immigration laws and policies are subject to change, and individual circumstances may vary. It’s recommended to consult with an immigration lawyer for personalized guidance on PR eligibility and application processes.
Conclusion
In conclusion, international students studying in the USA have several pathways to permanent residency, including employment-based visas such as the H-1B visa, EB-2 NIW Green Cards, and EB-5 investment visas. By understanding the eligibility criteria, requirements, and application processes, students can pursue their goals of building a future in the United States. With determination, perseverance, and the right resources, the dream of PR in the USA can become a reality.
FAQs
How many years does it take to get PR in USA?
The timeframe to obtain Permanent Residency (PR) in the USA can vary depending on various factors such as the type of visa, employment sponsorship, family sponsorship, or through diversity lottery. It generally takes several years, ranging from a few to many years, depending on the specific circumstances.
Can I get PR after study?
Yes, it’s possible to obtain Permanent Residency (PR) in the USA after studying there. One common pathway is through employment sponsorship after completing studies, especially if you secure a job with an employer willing to sponsor your PR application. Other routes include family sponsorship or the Diversity Visa Lottery.
Can I get US citizenship if I study in USA?
Studying in the USA doesn’t directly grant citizenship. However, it can be a step towards obtaining citizenship. After completing your studies, you may qualify for various pathways to citizenship, such as through employment, family sponsorship, or naturalization, which typically requires several years of lawful permanent residency.
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