The United States Permanent Resident Card is commonly referred to as a U.S. Green Card. Many international students in the U.S. aspire to obtain one. So, what steps should you take to secure a U.S. Green Card after graduation?
1. Choosing a Major at the Start of Your Studies
A wise choice of major makes finding a job after graduation much easier. Fortunately, U.S. universities allow students to transfer schools and change majors freely, providing many opportunities to ensure you do not fall behind at the starting line. The U.S. has always valued practical skills over empty talk, and STEM fields—Science, Technology, Engineering, and Mathematics—are highly sought after. In January 2006, President George W. Bush announced the American Competitiveness Initiative (ACI) in his State of the Union address, identifying the cultivation of STEM talent as a key educational goal.
STEM fields include computer science applications, actuarial science, engineering, engineering technologies, science technologies, biological and biomedical sciences, mathematics and statistics, military technologies, physical sciences, and medical science.
STEM fields require specialized talent, and schools at all levels need STEM teachers, making for a bright employment outlook. Additionally, accounting and nursing remain consistently high-demand professions.
2. Arranging Internships Before Graduation
U.S. recruitment places great emphasis on work experience. Internships are the best time to accumulate this experience in the U.S. The U.S. provides international students with two internship opportunities related to their field of study: CPT (Curricular Practical Training), which is an internship applied for while still in school, and OPT (Optional Practical Training), which can be applied for either during or after studies.
CPT internships should be part-time while studying; otherwise, the time spent will be deducted from your future OPT. OPT internships can be undertaken after completing one year of coursework, though they are typically scheduled for after graduation.
The standard duration for OPT is 12 months. However, STEM students may apply for a 17-month extension, allowing for a total of 29 months of internship time. OPT is not only an important stage for accumulating work experience but also a golden period for finding professional employment.
3. Applying for an H-1B Visa
Student visas are typically F-1 visas. Aside from internships, international students cannot legally work in the U.S. To remain and work in the U.S., you must apply for a work permit for specialty occupations, known as the H-1B visa. Before applying, you must first secure a job related to your major, and your employer must be willing to sponsor your H-1B application.
The employer must submit a Labor Condition Application (LCA) to the Department of Labor, certifying that they will pay a salary no lower than the prevailing wage, provide equal treatment to you as other employees, and that your employment will not negatively impact the working conditions of other employees. Once the LCA is approved, the H-1B petition is submitted to the U.S. Citizenship and Immigration Services (USCIS).
The basic requirement for an H-1B visa is that the position requires a bachelor's degree (or equivalent) or higher, and you must meet this requirement. The H-1B visa is issued to foreign nationals, meaning you can apply even if you are not currently in the U.S. However, students who have earned a degree in the U.S. generally have significantly more opportunities. If you excel during your OPT internship, your company will likely be happy to sponsor your H-1B to retain you. An H-1B visa is typically valid for 3 years and can be extended for another 3 years.
4. Applying for Permanent Residency
While working on an H-1B visa, you can have your company sponsor you for permanent residency, commonly known as a Green Card. If this is not possible, you may need to seek employment with an organization willing to sponsor a Green Card. This type of immigration is called Employment-Based Immigration. For international students who have earned degrees in the U.S., the most common category is the second preference (EB-2), which requires a master's or doctoral degree. There is also the third preference (EB-3), which does not require a graduate degree. Both categories require navigating the labor certification process.
The employer sponsoring your Green Card must submit an application to the Department of Labor, proving that there are no qualified U.S. citizens or permanent residents available or willing to accept the position. The position must be filled by a foreign national, and this hiring must not adversely affect the wages and working conditions of U.S. workers in similar positions.
The employer must also commit that the position is not temporary and that the salary paid is not lower than the prevailing wage for that occupation. In simple terms, the labor certification process is designed to ensure that U.S. workers are not displaced by foreign workers. Once the labor certification is approved, the employer can proceed to file a Green Card petition with the USCIS.
If you are an individual of extraordinary ability, a researcher, or a professor, you may apply under the first preference (EB-1). Alternatively, if you can demonstrate that your work serves the national interest of the U.S., you may apply for a special project under the second preference (EB-2), known as a National Interest Waiver (NIW). These two categories do not require labor certification.
It is important to note that for the third step, except for positions at U.S. universities, non-profit research organizations, or government research institutions, H-1B visas are subject to an annual cap, and demand far exceeds supply. When applications for the 2014 fiscal year opened on April 1, 2013, 124,000 applications were received in just five days, far exceeding the cap. The cap consists of 65,000 regular slots and 20,000 slots for those with a U.S. master's degree or higher. The USCIS had to use a computer-generated lottery system to select applications and return those that exceeded the cap.
If you are unlucky and are not selected, and your OPT expires, you will lose your legal status to reside in the U.S. If you do not wish to return to your home country, you must maintain legal status. There are usually several paths to do this, such as re-enrolling in school—studying anything—to maintain F-1 status. Another option is to convert your F-1 visa to a J-1 Trainee exchange visitor visa. Those with spouses can also convert their status to a dependent visa, such as F-2, H-4, J-2, or L-2. By doing so, you can maintain legal status and re-apply for an H-1B the following year.