An F-1 Visa Holder in the U.S. Can Transition to Various Immigrant Visas That Provide a Path to Permanent Residency. Transitioning from an F-1 Student Visa to Immigrant Status can be a complex process, but with the right guidance, it’s achievable.
Choosing the right pathway to move from an F-1 Student Visa to Immigrant Status can make all the difference in achieving your immigration goals.
Here Are Some Common Options.
1. Employment-Based Immigrant Visas (EB Visas)
- EB-1 Visa (Priority Workers):
For individuals with extraordinary abilities, outstanding professors or researchers, or multinational managers or executives. - EB-2 Visa (Advanced Degree Professionals and Individuals with Exceptional Ability):
For those with an advanced degree or its equivalent, or those with exceptional ability in the arts, sciences, or business. - EB-3 Visa (Skilled Workers, Professionals, and Other Workers):
For those with a bachelor’s degree, skilled workers with at least two years of experience, or other workers. - EB-5 Visa (Immigrant Investor Program):
For individuals who invest a significant amount of money (typically $800,000 to $1 million) in a U.S. business and create jobs.
2. Family-Sponsored Immigrant Visas
- If the F-1 visa holder has immediate family members who are U.S. citizens or permanent residents, they may qualify for a family-sponsored immigrant visa (e.g., IR-1/CR-1 for spouses, F2A/F2B for children of permanent residents).
3. Diversity Visa (DV) Lottery
- The Diversity Visa (DV) Lottery allows individuals from countries with low immigration rates to apply for a visa to the U.S. Winning the lottery provides a direct path to a green card.
4. Asylum or Refugee Status
- If the F-1 visa holder fears persecution in their home country, they may apply for asylum or refugee status. This can lead to a green card. Persecution may be based on race, religion, nationality, political opinion, or membership in a particular social group
5. Marriage to a U.S. Citizen
- An F-1 visa holder who marries a U.S. citizen can apply for a marriage-based green card (IR-1/CR-1). This allows them to become a permanent resident.
6. National Interest Waiver (NIW)
- NIW is part of the EB-2 category. It is for individuals whose work is of substantial merit and national importance. It allows them to bypass the labor certification process.
7. Special Immigrant Visas (SIV)
- Certain special categories of immigrants, like religious workers, may qualify for a green card under the special immigrant visa category.
Each of these paths requires fulfilling specific criteria. It’s advisable to consult an immigration attorney to determine the best course of action based on individual circumstances. We have been legalizing people in the U.S. for over 21 years.
Give us a call today to discuss your personal situation. We’ll support you as you choose the best option for your own Green Card journey. Our legal team has helped numerous clients successfully change from an F-1 Student Visa to Immigrant Status. We’ve done so with various employment-based and family-sponsored visas.
Currently on an F-1 Student Visa and are considering a change to Immigrant Status? It’s essential to start the process early to ensure a smooth transition.