How to change F1 student visa to Employment Based visa?
Foreign nationals studying in the U.S. with an F-1 student visa holder can change their status to an EB-1 visa. There are different pathways through which an international student can apply for an EB-1 visa, such as self-petitioning for an EB-1 visa, receiving an employer's sponsorship to apply for EB-2 visa or EB-3 visa.
The F-1 visa is for international students in the U.S. to attend an academic or English Language Program. Students are typically allowed to remain in the country until they have completed their full-time academic courses of study at an approved educational institution.
Ways to change F1 Student visa to Employment Based visas
There are three ways to change an F1 Student visa to an Employment based visa:
EB-1 visa
One option for students in the U.S. on an F1 Student visa who wants to become Green Card residents is to apply for an EB-1 visa. The student visa is being changed to a Green Card through employment.
After a student has finished their studies in the U.S., they may have developed expert-level knowledge and ability in their discipline. This pathway will also enable them to self-petition for an EB-1 visa, for which applicants must develop extraordinary science, art, education, business, and athletics skills and set on a path to becoming a lawful permanent resident.
This visa is intended for foreign nationals with extraordinary ability, including the following:
- Demonstrating extraordinary ability through achievements
- Outstanding researchers or professor in Multinational managers and executives
- Professionals with exceptional skills in the arts, sciences, education, business, and athletics
Eligibility Criteria to apply for this EB-1 visa
- Proof of Extraordinary ability
- Continue to work in your area of extraordinary ability after arriving to the country
- Will provide substantial benefits to the country
- Have an exceptional salary package
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EB-2 or EB-3 visa: Receiving Sponsorship from an Employer
The second option for students is to apply for an EB-2 or EB-3 visa, which can be used if the students have received a Sponsorship from a U.S. Employer. Both of the visas are for employees who have received a sponsorship. If a student cannot meet the criteria of the EB-1 visa then they can secure an EB-2 or EB-3 visa, the second and third preference employment-based immigration visa categories.
EB-2 visas are an applicant who falls under these following three categories:
- Receiving a job offer that requires an advanced degree
- Having exceptional ability in the business, science, or arts
- Having a national interest waiver for the position
Whereas, EB-3 visas are reserved for applicants in the following categories:
- Work experience of at least 2 years
- Work permit or labor certificate
- Employment offers for permanent, full-time positions in the country
Eligibility criteria to apply for EB-2 and EB-3 Visas
- Proof of academic records of advance ability
- Work experience of at least 10 years
- High salary package in their field
- Proof of certifications or work experience
- Professional association memberships
- Recognition by the institution
Steps to apply for the Employment Based visas
Below are the steps to apply for Employment Based visas:
Step 1: Apply for the labor certification
Step 2: File a petition for the EB visa
Step 3: File the DS-260 form
Step 4: Sort-out all the required documents
Step 5: Attend the visa interview
Step 6: Get the EB visa and migrate to the US
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