Studying in the United States offers a world-class education and the opportunity to explore different career paths. For many international students, the dream is to stay in the country after completing their studies. One way to stay longer is by obtaining Permanent Residency (PR) in the U.S.
In this article, we will explore how to get PR after studying in the USA. We will explain the various pathways, including work visas, employer sponsorship, and other immigration processes that can lead to permanent residency.
What is Permanent Residency (PR)?
Permanent residency, commonly referred to as a Green Card, allows non-U.S. citizens to live and work in the U.S. indefinitely. A person with a Green Card can also travel freely in and out of the U.S. and can apply for U.S. citizenship after a certain period.
For international students, obtaining PR after studying in the U.S. is a step-by-step process. It is important to understand the different visa types, eligibility requirements, and the various immigration paths that can lead to PR.
Ways to Get PR After Studying in the USA
There are several paths through which you can obtain PR after completing your studies in the USA. The most common routes include employer-sponsored visas, family-based visas, and self-petitioning options.
1. Employer-Sponsored Visa (H-1B Visa)
The H-1B visa is one of the most common work visas for international students who have completed their studies in the U.S. and wish to stay in the country. It allows U.S. employers to hire foreign workers in specialty occupations that require specialized knowledge.
Eligibility Requirements:
You must have a job offer from a U.S. employer in a specialty occupation related to your degree.
You must have at least a bachelor’s degree or its equivalent in the relevant field.
The employer must file the petition for the H-1B visa on your behalf.
Once you have an H-1B visa, you can work in the U.S. for up to six years. After that, your employer can sponsor you for permanent residency through the employment-based Green Card process.
Steps to Apply for H-1B Visa:
Find a job in the U.S. that qualifies for an H-1B visa.
Your employer submits a Labor Condition Application (LCA) to the U.S. Department of Labor.
Your employer files a Form I-129, Petition for a Nonimmigrant Worker, with U.S. Citizenship and Immigration Services (USCIS).
If approved, you can apply for an H-1B visa at a U.S. consulate or embassy in your home country.
After being in the U.S. on an H-1B visa for a few years, your employer may apply for a Green Card on your behalf, which can eventually lead to permanent residency.
2. Optional Practical Training (OPT)
Optional Practical Training (OPT) is a program that allows international students who have completed a degree in the U.S. to work in the country for up to 12 months (with an additional 24 months for STEM graduates). While working under OPT, students may transition into an H-1B visa or another visa category that can lead to permanent residency.
Steps to Apply for OPT:
Ensure you are eligible by completing at least one academic year at a U.S. institution.
Apply for OPT through your school’s International Student Office.
After approval from USCIS, you can start working in a job related to your field of study.
During your OPT period, you can begin exploring employer-sponsored PR options, such as H-1B or employer-based Green Cards.
OPT is a temporary work authorization that allows you to gain work experience while seeking a more permanent solution.
3. Employer-Sponsored Green Card (EB-2 or EB-3 Visa)
If you have a job in the U.S. and want to transition from a temporary work visa to a Green Card, the employer-sponsored Green Card (EB-2 or EB-3 visa) is an option.
EB-2 Visa:
This category is for professionals with advanced degrees or exceptional abilities. If you have a master’s degree or higher or have extraordinary abilities in your field, you may be eligible for an EB-2 visa.
EB-3 Visa:
The EB-3 category is for skilled workers, professionals with a bachelor’s degree, and unskilled workers. If you have a job offer in the U.S. and meet the qualifications for the EB-3 visa, your employer can sponsor you for permanent residency.
Both the EB-2 and EB-3 visas require a U.S. employer to file a petition on your behalf. You will need to meet specific requirements, such as proving your qualifications, and demonstrate that there are no qualified U.S. workers available for the position.
Steps to Apply for an Employer-Sponsored Green Card:
Your employer must file a Labor Certification Application (LCA) with the Department of Labor.
After approval, your employer files Form I-140, Immigrant Petition for Alien Worker, with USCIS.
If your petition is approved, you will be eligible to apply for a Green Card.
4. Family-Sponsored Green Card
If you have a family member who is a U.S. citizen or a permanent resident, they can sponsor you for a Green Card. Family-sponsored Green Cards are available for immediate relatives, including spouses, children, and parents.
Immediate Relative Category:
This category includes:
- Spouses of U.S. citizens.
- Children (under 21) of U.S. citizens.
- Parents of U.S. citizens (if the U.S. citizen is over 21 years old).
Other Family Members:
Other family members, such as siblings or married children of U.S. citizens, can also apply for a Green Card, but the process may take longer due to visa quotas and waiting times.
Steps to Apply for a Family-Sponsored Green Card:
- Your family member must file Form I-130, Petition for Alien Relative, with USCIS.
- Once the petition is approved, you will be able to apply for a Green Card.
5. Self-Petition for a Green Card
In some cases, individuals may be eligible to self-petition for a Green Card without the need for employer sponsorship or family sponsorship. Two common self-petition options include:
EB-1 Visa (Extraordinary Ability)
If you have extraordinary abilities in areas like science, art, education, business, or athletics, you may be eligible for the EB-1 visa. You do not need a job offer or employer sponsorship to apply for this visa.
National Interest Waiver (NIW)
The NIW allows individuals with advanced degrees or exceptional abilities to self-petition for a Green Card. To qualify, you must show that your work is in the national interest of the United States.
Steps to Apply for Self-Petition:
- Submit the appropriate form (I-140 for EB-1 or NIW).
- Provide evidence of your exceptional abilities or national interest.
- After approval, you can apply for a Green Card.
6. Diversity Visa Lottery
Each year, the U.S. government offers a Diversity Visa (DV) Lottery program, which grants 55,000 permanent resident visas to individuals from countries with low immigration rates to the U.S.
The lottery is open to people from qualifying countries who meet certain education or work experience requirements. Although winning the lottery is based on chance, it is a potential option for those seeking PR after studying in the U.S.
Steps to Apply for the DV Lottery:
- Check if your country is eligible for the DV Lottery.
- Submit your application online during the open registration period (usually once a year).
- If selected, you will be able to apply for a Green Card.
7. Citizenship Application
After obtaining a Green Card and residing in the U.S. for a specific number of years, you may be eligible to apply for U.S. citizenship. Generally, you must have held a Green Card for at least five years to apply for citizenship.
Steps to Apply for U.S. Citizenship:
- Complete Form N-400, Application for Naturalization.
- Pass the citizenship test and interview.
- Attend a naturalization ceremony and take the Oath of Allegiance.
Conclusion
Obtaining Permanent Residency (PR) after studying in the USA is a multi-step process that requires careful planning and preparation. There are various pathways to PR, such as employer-sponsored visas, family sponsorship, self-petitioning options, and the Diversity Visa Lottery. Each pathway has specific requirements, and it is essential to stay informed and work with legal professionals if needed to navigate the process.
By understanding the different immigration options and starting the process early, international students can increase their chances of successfully obtaining permanent residency in the U.S. and achieving their long-term goals of living and working in the country.
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