It is not o'key to apply for an F1 student visa and EB3 immigrant visa at the same time, because an F1 visa is a not-immigrant visa which may not be given to a foreigner with an immigration intent. Seeking an EB3 immigration visa manifests the applicant's immigration intent. 0 found this answer helpful | 0 lawyers agree
Full Answer
How to get from F1 student visa to green card?
Generally speaking, there are 6 options that could allow you to get from F1 student visa to Green Card: Provided that an employer meets certain eligibility requirements, you can petition for an EB2 or EB3 visa (a.k.a. Employment-Based Green Card).
Can I apply for an EB2 or Eb3 green card?
Provided that an employer meets certain eligibility requirements, you can petition for an EB2 or EB3 visa (a.k.a. Employment-Based Green Card). Once each year, USCIS offers the Green Card Lottery (formally known as the Electronic Diversity Visa Lottery).
What do you need to apply for Eb3 visa?
In EB3 cases, a U.S. company has to ask the U.S. government to give you a green card so you can work with them. So, the first thing you need is a job offer from an American sponsor.
How long does it take to get an Eb3 visa?
Because of that, it may take between 1 and 3 years for the application to be processed. An EB3 can be very beneficial if you want to go to the U.S. and work, and also if you want a visa that is not as closely scrutinized compared to the other employment-based green cards.
Can I go from F-1 to EB-3?
F-1 to EB-2 or EB-3 visa If you cannot meet the stringent criteria for the first-preference EB-1 visa, you may be able to secure an EB-2 or EB-3 visa, which are the second- and third-preference employment-based immigration visa categories, respectively.
Who qualifies for eb3 visa?
EB-3: Employment-Based Immigration – Skilled Workers - Professionals and Other Unskilled Workers. You may be eligible to be classified as a skilled worker, professional, or other worker depending upon your education, skills and work experience.
Can you apply for green card while on F1 visa?
For the nonimmigrant visas, the F-1 student cannot self-petition. Only the employer can start the process. After getting the dual intent visa, the international student can try to apply for the Green Card.
Can I apply for EB-3 without h1b?
To qualify for an EB-3, you must either have a bachelor's degree and a job offer or a non-seasonal full-time job offer. The H-1B requires that you have both at least a bachelor's degree and a job offer for a position that requires your degree.
How much does EB-3 sponsorship cost?
In California, common occupations for immigrants with EB-3 visas are teachers, graphic designers, and housekeepers. EB-3 visas cost $345 and take about six (6) months to get. EB-3 visa holders get automatic legal permanent residence (green card) and may eventually be able to naturalize.
How long EB-3 visa takes?
Getting an approved labor certification is required for the employer to sponsor a foreign worker under the EB3 visa. This process usually takes about 10 months.
How can I convert F1 visa to H1B?
How to Apply for an F1 to H1B Visa Status ChangeFind an H1B Sponsoring Employer. ... File an H1B Petition. ... File for a Cap-Gap Extension. ... File a Labor Condition Application. ... Complete Form I-129. ... Submit Required Documents. ... Need a Loan?
How can I stay in USA after F1 visa?
If you came to the United States with an F-1 student visa, you have 3 way to stay in the United States:OPT – Optional Practical Training. Certain science, technology, engineering, and math (STEM) fields, qualify for a two-year extension of OPT. ... Apply for a Non-Immigrant Work Visa. ... Apply for a Green Card.
How can international students get permanent residency in USA?
An individual may apply for Permanent Residency in the United States through a variety of means, including: sponsorship by a U.S. citizen or permanent resident relative. an offer of permanent employment. an application for asylum.
Is it hard to get EB-3 visa?
The EB3 visa has less strict requirements than either the EB1 or the EB2 visas. This means that some people who may not qualify for these other visas may be eligible for the EB3 visa.
Can I stay in US while waiting for EB3?
Any immigrant who entered the U.S. on some sort of temporary visa and then submitted a green card application (for U.S. lawful permanent or conditional residence) is allowed to remain in the United States while the application is "pending." In other words, they can wait until their application has been decided upon by ...
Which is better EB2 or EB3?
The significant difference between EB2 and EB3 visas is that the EB2 category requires the candidate have an advanced degree for the positions of science and business. On the other hand, the EB3 category has job positions for unskilled workers, skilled workers, or professionals.
What is EB3 visa category?
The third preference visa category is EB3. This visa category is for professionals, skilled, or other workers.
Who qualifies for EB2 green card?
The job you apply for must require an advanced degree and you must possess such a degree or its foreign equivalent (a baccalaureate or foreign equivalent degree plus 5 years of post-baccalaureate, progressive work experience in the field).
Which is better EB2 or EB3?
The significant difference between EB2 and EB3 visas is that the EB2 category requires the candidate have an advanced degree for the positions of science and business. On the other hand, the EB3 category has job positions for unskilled workers, skilled workers, or professionals.
What is EB3 unskilled visa?
EB-3 immigrant visas allow certain professional workers, skilled workers, and unskilled workers to obtain a U.S. green card or lawful permanent resident status.
What is an EB3?
EB3 is for professionals, skilled and unskilled workers. However, if her F-1 and OPT expire, and she has no other status, she will have to leave the US.
Is EB3 a self petition?
First, EB3 is not unskilled workers. Second, an employer needs to file a petition for a foreign national, there is no EB3 self - petition. If a person's status ends, they are required to leave the U.S.
What Is an EB3 Visa?
An EB3 visa is a green card for workers, more specifically for professional, skilled, or other workers. It is an employment-based green card, and it is the third preference for such visas. Just like the other two categories (EB1 and EB2), this one allows an immigrant to live in the United States, but also to work in a specific field.
How long does it take to get an EB3?
To get the EB3 application, you will have to go through various steps first. Because of that, it may take between 1 and 3 years for the application to be processed.
What is priority date for EB3?
The priority date of the petitioner should be current in order to have the EB3 visa application changed from non-immigrant (temporary). The start of the Labor Certification Process will be the one setting the petitioner’s priority date.
Who should record EB3?
Everything that happens during the EB3 visa process should be recorded by the employer . Having an experienced immigration attorney during the process is also recommended for the employer , as he/she may offer the right guidance to make the process go right.
Can a spouse apply for employment authorization?
The spouse has the opportunity to apply for an Employment Authorization Document while the permanent residency application process is still unfolding. This will give them the chance to freely work in the United States.
Can an unmarried child get an EW5 visa?
A legal spouse will have access to the E34 or EW4 visa, whereas an unmarried child under 21 years old will usually come under the E35 or EW5 visa. E34 and E35 are visas for skilled workers, and the EW4 and EW5 visas are for the “other” worker categories.
How to go from F1 to green card?
So in this way, the process of going from international student to permanent resident through a job is similar to the one through marriage. Both F1 to green card processes essentially involve a petition (Form I-130 or I-140) filed before or with Form I-485. The F1 to green card timeline for an employment case varies. This timeline depends on whether you file in EB2 or EB3 and how many other people are filing in this category.
How to get a green card from F1?
If you marry a U.S. citizen or lawful permanent resident, then your spouse can file a petition, Form I-130. The Form I-130 allows you to file the Form I-485 with USCIS. You have to file both forms to go from F1 to green card directly.
How can an international student become a resident?
The next most common way an international student can become a resident is through an employer, or through a job you’re hired for. This is often referred to as “Employment-Based” immigration or “EB” for short. This section will cover the two most common categories of EB cases, EB2 and EB3.
What agency does F1 go to?
An F1 student already in the U.S. will ultimately send the green card application to an agency known as the United States Citizenship and Immigration Service, or “USCIS.”.
What is the form I-485?
In the process for becoming a resident, USCIS ultimately requires you to file a Form I-485 (This is the Application to Register Permanent Residence or Adjust Status). When an international student successfully files a Form I-485, USCIS grants him or her “Adjustment of Status” or “AOS.” This is because the F1 student is “adjusting” their “status” from F1 to green card.
What is the process of getting a green card?
But the green card process involves more than just filing a Form I-485. Usually the Form I-485 must be accompanied by a petition. The petition, usually a Form I-130 or Form I-140, is sent before or with the Form I-485.
Who to consult before filing for immigration?
So if you have had any contact with law enforcement (police or court), then consult an immigration attorney before filing.
How to get a green card as an F1 student?
There are seven ways you can get a green card as an F1 student. Below, we discuss each of those ways! 1. Receive Employer Sponsorship. If you attain employment while studying, you can have your employer sponsor you. Ask the company you work for to make an application for you for an EB-2 or EB-3 employment-based green card. 2.
How to accept a loan offer?
Provide any additional information if required. Soon you’ll have your loan offer. Some lenders send a promissory note with your loan offer. Sign and return that note if you wish to accept the loan offer.
When is the green card lottery?
The Electronic Diversity Visa Lottery is held every year from October to November. It is sometimes called the “green card lottery”—there is no guarantee you will get a green card through this process. Note that certain countries that have sent over 50,000 immigrants to the US in the last 5 years are ineligible, including Canada, South Korea, Mexico, and Canada.
Can an F1 student become a permanent resident?
There are a number of ways an F1 student visa holder can become a permanent resident, but it can be hard to know which way is best for you. Read on to see which option best fits your situation.
Can a relative sponsor you for a green card?
Receive Sponsorship by a Relative Who Owns a Business. If you have a relative who owns a business, they can sponsor you for a green card . Your business-owning relative, however, will have to prove that they are hiring you due to your qualifications, rather than because you are related.
Can a parent sponsor a child for a green card?
If you have a parent or a child under 18 who is already a legal US citizen, they can sponsor you for your green card.
Can F1 Students Apply for a Green Card?
The short answer? Yes. In fact, you already have a slight leg up, since you are legally living in the US. Below are 7 ways you can transition from an F1 student visa holder to a permanent resident.
Regular vs. Conditional Permanent Resident Green Card
If you qualify as a regular permanent resident, your Green Card will be valid for 10 years. If you qualify as a conditional permanent resident, your Green Card will be valid for 2 years.
An Important Note
If you wish to get from F1 student visa to Green Card, then regardless of which option you pursue, your application will need to take into consideration all of your unique details — especially since USCIS evaluates petitions on a case-by-case basis, and many are rejected for being incomplete, because of missed deadlines, or because the argument for the petitioner to remain the U.S.
Introduction to EB3 Visas
Each year, the United States of America gives out thousands of employment-based immigration visas to eligible candidates. One way to get a green card is through a U.S. company. This is referred to as EB or “employment-based” green cards. There are five different categories of EB green cards.
What is an EB3 Visa?
EB3 Visa stands for “Employment-Based Third Preference Category.” Eligibility turns on having a certain type of job offer from a U.S. company. In EB3 cases, a U.S. company has to ask the U.S. government to give you a green card so you can work with them. So, the first thing you need is a job offer from an American sponsor.
What is the difference between EB2 and EB3 visas?
EB2 stands for “Employment-Based Second Preference Category.” The EB2 visa category is designed for individuals who advanced degrees and are exceptional or advanced in their fields. Like EB1 and EB3, EB2 is divided into three subcategories:
EB3 Visa Requirements
The EB3 visa process can be confusing. Here, we try to help you understand the process, form and timelines. First, we’ll discuss the categories of EB3 visa in more detail.
Application Process for EB3 Visa
It is your employer’s job to file a petition requesting an EB3 Visa for you. There are four major steps in the process.
Timeline for an EB3 Visa
The EB3 Visa timeline depends on how many visas are available. The visa bulletin tells you when you can apply for a green card in each category.
EB3 Visa Lawyer: Online Search Tool
Your EB3 visa case is complicated. There are two agencies and four to five different parts to each case. For that reason, it’s important to find an experience EB3 visa attorney to help you.
