College Immigration
College immigration to the U.S. is a detailed and often complex process that involves several steps, from securing admission to an accredited institution to obtaining the appropriate student visa. While there are requirements and restrictions, international students who follow the proper procedures, provide all necessary documentation, and maintain their status while studying will have the opportunity to experience a world-class education in the U.S.
- U.S. Work and Immigration Programs
● OPT: Up to 12 months of work in the field of study, before or after graduation.
● CPT: Work experience as part of the curriculum, before graduation.
● H-1B Visa: Requires a job offer, Bachelor’s degree, and employer sponsorship. Annual cap: 65,000 (plus 20,000 for U.S. Master’s).
● F-2 Visa: Dependents can stay but not work. Children can attend school.
● F-1 Duration: Stay as a full-time student, with a 60-day grace period after completing studies.
● Green Card Paths: Employer sponsorship, marriage, or Green Card lottery.
EB Categories:
● EB-1: Exceptional abilities.
● EB-2: Advanced degrees.
● EB-3: Skilled workers.
PERM: Labor certification for Green Card applications.
- Assistance for Employers
● Green Card Sponsorship: Employers first obtain a Labor Certification from the Department of Labor (DOL), then file Form I-140 (Immigrant Petition) with USCIS to sponsor a foreign employee for a Green Card. College Immigration programs may also facilitate pathways for foreign graduates to transition into employment-based Green Card sponsorship.
● Form I-9: The Form I-9 is used to verify that every new employee (both U.S. citizens and noncitizens) hired after November 6, 1986, is legally authorized to work in the United States. Employers involved in College Immigration initiatives often use Form I-9 to ensure compliance when hiring foreign graduates.
● E-Verify: An online system to confirm the work eligibility of employees by comparing Form I-9 data with SSA and DHS records. Employers engaged in College Immigration sponsorship may also use E-Verify to streamline the hiring process for eligible international students and recent graduates.
● Temporary Visa Sponsorship: Employers file Form I-129 to sponsor temporary workers for U.S. entry or a change in nonimmigrant status. These procedures, including those associated with College Immigration, help employers navigate U.S. immigration requirements when hiring foreign nationals for both permanent and temporary roles.
- Registered Nurses
● Health Care Workers Foreign nationals seeking to enter the U.S. to work as health care professionals (excluding physicians) must present certification from a USCIS-approved credentialing organization. This certification verifies that the worker has met the minimum requirements for training, licensure, and English proficiency in their specific field.
● NCLEX The NCLEX-RN (National Council Licensure Examination for Registered Nurses) is administered by the National Council of State Boards of Nursing (NCSBN). This exam assesses a nurse’s competency to work as an entry-level nurse. The exam covers several subject areas, including safe and effective care environments, health promotion and maintenance, and psychosocial integrity.
● English Exam An English exam is required for healthcare workers seeking TN status, H-1B visas, or green cards through employment. This exam ensures that applicants meet the necessary English language proficiency standards to work in the U.S. healthcare system.
- Citizenship
Citizenship Through Parents
There are two primary ways to obtain U.S. citizenship through U.S. citizen parents:
● At Birth: A child born to U.S. citizen parents may automatically acquire citizenship at birth.
● After Birth, Before Age 18: A child can acquire citizenship after birth but before turning 18, provided certain requirements are met. The term “parents” includes the genetic father, genetic mother, and the non-genetic gestational mother, if she is legally recognized as the parent at the time of birth under the relevant jurisdiction’s laws.
● Naturalization is the process through which a foreign citizen or national can obtain U.S. citizenship after meeting the requirements set by Congress in the Immigration and Nationality Act (INA). This process involves fulfilling specific eligibility criteria, such as residency, language proficiency, and knowledge of the U.S. government and history.
● History/Government Test The civics test is an oral exam administered by a USCIS officer during the naturalization process. The officer will ask the applicant up to 100 questions related to U.S. history and government. To pass the civics portion of the naturalization test, the applicant must correctly answer at least 6 out of 10 questions.
- Employment-Based (EB) U.S. Visa Categories
● EB-1: Priority Workers For individuals with extraordinary abilities, outstanding professors/researchers, or multinational executives/managers.
● EB-2: Advanced Degrees or Exceptional Abilities For professionals with advanced degrees, individuals with exceptional abilities in arts, sciences, or business, and those applying for a National Interest Waiver.
● EB-3: Skilled Workers, Professionals, and Other Workers For professionals (bachelor’s degree), skilled workers (2+ years of experience), and unskilled workers (positions requiring less than 2 years of experience).
● EB-4: Special Immigrants For religious workers, certain U.S. government employees abroad, and other specific groups like Afghan/Iraqi translators.
● EB-5: Immigrant Investors For individuals who invest at least $1 million (or $500,000 in targeted areas) in a U.S. business that creates 10 or more jobs.
These categories provide pathways for foreign nationals to obtain permanent residency in the U.S. through employment, education, or investment.
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- FAQ
To apply for an H-1B visa, you need:
Sponsorship by a U.S. employer offering a job.
A U.S. Bachelor’s degree (or equivalent) related to the job.
A connection between your education and the job duties.
Labor Condition Attestation from the employer to the Department of Labor.
These steps ensure that your qualifications match the job, and your employment will not negatively impact U.S. workers.
The U.S. issues a maximum of 65,000 H-1B visas each year, as established by the Immigration Act of 1990.
In addition, 20,000 extra H-1B visas are reserved for individuals holding a Master’s or Ph.D. degree from a U.S. institution.
Overall, there are around 140,000 employment-based immigrant visas available annually, covering various visa categories, including the H-1B.
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