Information from Wiesia Zakrzewska, founder of Innovative Immigration Solutions and U.S. Citizenship and Immigration Services.
The immigration process is so vastly complex, most of us don’t even know where to begin. It is important for international students to educate themselves on the process if they plan to legally remain in the United States after they graduate, but it is also important for the rest of our society to understand at least the basics of how immigration works, especially when immigration is such a prominent issue in today’s political climate.
The first thing to understand is the difference between visas, green cards, and U.S. citizenship.
Visas
There are many of different kinds of visas which serve different purposes, but what makes them distinct from green cards, is that they are temporary and tend to have a lot more restrictions.
The first step for many international college students planning to stay in the U.S. post-graduation will be to apply for a work visa. There are many different kinds of work visas depending on your level of education and particular fields. Here are some of the most common:
| Type | Restrictions | Qualifications | Additional Information |
| H-1B Specialty Occupations | The job must Require a Bachelor’s or higher degree.
As an H-1B nonimmigrant, you may be admitted for a period of up to three years. Your time period may be extended but generally cannot go beyond a total of six years. |
You must have completed a U.S. bachelor’s or higher degree. Or hold a foreign degree that is equivalent.
You must hold an unrestricted state license, registration or certification which authorizes you to fully practice the specialty occupation. |
The prospective employer must file an approved Form ETA-9035, Labor Condition Application (LCA), with the Form I-129, Petition for a Nonimmigrant Worker. |
| H-1C Registered Nurse | The extent of stay lasts up to 3 years. | You must have a full and unrestricted nursing license.
You must be authorized by the appropriate U.S. State Board of Nursing to practice within the state. |
This Visa also includes detailed requirements for employers. |
| H-2A Agricultural Workers | The employer must offer a job that is of a temporary or seasonal nature.
Demonstrate that there are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work. Show that employing H-2A workers will not adversely affect the wages and working conditions of similarly employed U.S. workers. Generally, submit a single valid temporary labor certification from the U.S. Department of Labor with the H-2A petition. This visa can be valid for a maximum of 3 years. |
There are not as many requirements for this visa, but you do have to apply through the U.S. Department of State. | This visa includes a list of eligible countries from which workers can enter. |
To help decide which one is right for you, or for more information, go to https://www.uscis.gov/.
Many visas have specific requirements for eligibility including a strict window of time during which to apply. It is important to keep track of these deadlines so that you don’t miss out on an opportunity to begin what is generally a lengthy process.
There is also a limited number of some visas annually which can make the application process competitive. Sometimes when a visa expires, they can be renewed, or one can apply and obtain a different one. The conditions for renewal depend on the type of visa.
It is important to maintain legal statue at all times because allowing one visa to expire before applying for another one can jeopardize your chances of receiving a new visa. One can also jeopardize his/her chances of obtaining a visa by failing to comply with conditions of the visa they already have, for example, illegally working while on a visitor visa.
Green Cards
A green card can be obtained in a few different ways, but it serves as permission to permanently reside and work within the U.S.
Green cards can take a few years to obtain, sometimes longer, and some of them have requirements for years of experience in a given field, which you cannot legally obtain in the U.S. without a work visa. However, If you plan to reside in the U.S. indefinitely, you will want to pursue a green card. There are various ways you can qualify for a green card including through relatives, particular ancestry, marriage, career experience, etc. You can find the different categories for eligibility here: https://www.uscis.gov/greencard/eligibility-categories.
Citizenship
Citizenship, however, is the only status that grants a person the right to vote and cannot be lost or expire, except under very extreme circumstances such as joining another state’s military or committing treason.
The final step in the immigration process is obtaining citizenship. If one so chooses, they can apply for naturalization which gives him/her voting rights and freedom to move freely in and out of the country. As with visas and green cards, there are different categories of eligibility to become a naturalized citizen. Most of them require a person to have legally resided in the United States for 3-5 years. Naturalization also requires an immigrant to pass a test on English, U.S. history and civics. All of this information, as well as practice tests can be found here: https://www.uscis.gov/us-citizenship/citizenship-through-naturalization.
While the immigration process is lengthy and complicated, there are many different options you can choose to best suit your career and lifestyle goals.