If you are an F-1, J-1, or M-1 student, who wishes to stay in the United States after graduation, you
have several options under the immigration laws.
Here are some of your options:
Permanent Employment. A great many international students secure permanent
employment (and a green card) in the United States and make their home here. This is especially
true of the international students who obtain their degrees in a STEM major.
See
Work-Based Immigration .
If you hold a Ph. D., M.S., or M.A., see
Green Card for Professionals with Advanced Degrees .
If you hold a B.S. or B.A., see
Green Card for Professionals .
Temporary Employment. Some international students secure temporary
employment in the United States that subsequently may turn into permanent employment (and a green card).
If you are holding a degree in a specialty field, you may qualify for H-1B visa.
See
H-1B Visa for Professionals ,
in specialty occupations.
Optional Practice Training (OPT & STEM OPT). Science, technology,
engineering and mathematics majors qualify for an additional 24 months. See
Optional Practical Training (OPT)
F-1 students with a B.S., M.S., or Ph.D. in science, technology, engineering or mathematics, see
STEM OPT
Marriage. College students often marry each other. On October 17, 2013,
U.S.A. Today reported that “A Facebook Data Sciences study released last week
found that about 28% of married graduates attended the same college as their spouse.”
If you have found your life partner in your college sweetheart, who is a U.S.
citizen or permanent resident, and decide to marry, you may apply for permanent
residence as the spouse of a U.S. citizen or permanent resident. See
Marriage-Based Immigration .
Asylum. If the conditions in your home country have changed and you genuinely
fear persecution on the basis of “race, religion, nationality, membership in a
particular social group, or political opinion,” you may apply for asylum in the
United States. However, you must (a) establish that your fear is genuine and
has a basis in fact and (b) apply within one year of your entry into the
United States or promptly upon learning of the changed circumstances.
Your fear must be genuine. See
Asylum in the United States .
Investment. The EB-5 Visa Program allows immigrants to secure permanent residence in
the United States by investing $900,000 or $1.8 million, thereby stimulating the U.S. economy through
job creation and capital investment.
See
Investment-Based Immigration .
Students coming to the United States at a young age and staying here for several
years are likely to eventually feel assimilated and wish to stay here longer than
their school years and sometimes permanently. If that is you, or if you are
considering theat possibility, you may wish to explore the possibilities
provided under the United States immigration laws. The most common options
are discussed above. The immigration laws provide for other options depending
on the circumstances and the home country of the prospective immigrants.
WARNING. You must remember that student visas are nonimmigrant visas.
As a nonimmigrant visa holder you are required to maintain a permanent residence in
your home country and intend to return to it upon the completion of your studies.
Failure to do so will be a violation of your nonimmigrant status. While you may
“tentatively” intend to reside in the United States, if you receive permission from
the USCIS upon a future application, legally you cannot form a present intention to stay
in the United States indefinitely. If that is the case, do not mistakenly represent
your future, prospective intentions as your present, actual intention.
This distinction is very important and you must observe it carefully.
Related Topics:
Work-Based Immigration
H-1B Temporary Work Visas
Marriage-Based Immigration
Optional Practical Training (OPT)
STEM OPT
Asylum in the United States
Investment-Based Immigration