For an F-1 holder
who wishes to attain an immigrant status in the U.S., there are a few opportunities
to do so.
Family Based Immigration
One of the routes to become
a U.S. Permanent Resident is through family-based immigration. If the alien student
has close relatives who are U.S. citizens or U.S. permanent residents, the relatives
may file an immigration petition for the alien student as the beneficiary.
Close
relatives, as defined by immigration law, include parents, unmarried minor children
and spouses.
Employment Based Immigration
Often, an alien student
in F-1 status can also attain immigrant status on the basis of
his prospective work through the following ways:
1. Labor Certification
An F-1 holder may attain immigrant status through employment-based
immigration. Generally, he may find an employer who is willing
to file a Labor Certification Application for him with the Department
of Labor. However, in filing the Labor Certification Application,
the F-1 holder expresses his immigrant intent. This may pose a
problem for the F-1 holder to extend his stay in the U.S. in F-1
status or to get a new F-1 visa from a U.S. Consulate abroad.
For more information on obtaining a Labor Certificate, please
click here
2. EB-1
An F-1 holder may also file an immigration petition based on the
classification of "Alien of Extraordinary Ability" (EB-1
(A)) or "Outstanding Professor/Researcher" (EB-1(B)).
These types of petitions are for aliens who have established themselves
as possessing extraordinary abilities, outstanding accomplishments,
or recognition in their respective field in sciences, arts, education,
business, or athletics. Of course, it may be difficult for a student
to establish such facts. Anyone who qualifies for one of these
categories need not seek a Labor Certification approval. Further,
under the EB-1(A) category, no job offer is required, and the
alien may petition for his own permanent residency without the
need for an employer sponsor. For more information about EB-1,
please click here
3. National Interest Waiver
(NIW)
In addition, an F-1 holder can file an immigration petition through
a "National Interest Waiver". National interest waivers
(NIW) are available to aliens who are seeking work in a profession
and who have an advanced degree (or equivalent experience) or
can prove themselves as "aliens of exceptional ability".
Persons in this category ordinarily are required to obtain a Labor
Certification and have a permanent job offer, but these requirements
can be waived "in the national interest." An F-1 holder,
without a sponsoring employer, may file an NIW on behalf of himself;
or a U.S. employer may file an NIW for the F-1 holder's benefit.
For more information about NIW, please click
here
Other
Means for obtaining Immigration Status
In addition to the
family-based and employment-based petitions there are also other
means of obtaining immigrant status such as through Asylum or
the Visa Lottery. For more general information about obtaining
Immigrant Status/Permanent Residency, please click
here.
For more information
on F-1, please click on the following links:
Description
SEVIS
Application for an F-1 Visa
Obtaining an F-1 Status at the port
of entry
Change into F-1 Status in the U.S.
Eligibility for change into
F-1 Status in the U.S.
Maintaining F-1 Status
Change Name and Address
Transfer of School
Time limitation of F-1 Status
Extension of F-1 Status
Grace Period
F-1 Status reinstatement
Optional Practical Training (OPT)
Curricular Practical Training (CPT)
Change from F-1 Status to H-1B
Change from F-1 Status to immigrant
status
Spouse and Children of F-1
Attorney and filing fees
Frequently Asked Questions and Answers
The Impact of I-140 Filing on F-1
Students
Memo: Be Aware of Abandonment of COS and AOS Applications
