Disclaimer: The contents in this web site are only for your information and are not intended to be legal advice. While many of our applicants successfully obtain their I-140 approvals, the information here should not be considered as a guarantee of your green card application outcome.
Green card for master’s students
Published Dec 10,2011
By GCforPhD
Question:
I am a graduate student in electrical engineering. I had few questions regarding the green card for master’s students on F-1. I have 3 international IEEE publications and 1 ordinary journal paper. My questions for you are as follows:
Q1:
What are the chances of getting EAD (Work authorization) for a master’s student if I apply after completing my master’s i.e., I will no more be on F-1 visa, I will be on OPT?
Answer:
OPT is also considered being on F1 status. You can get an EAD on OPT which will last for a year and can be extended for additional 17 months (for STEM fields).
If you are referring to EAD through Green card, you have to self-petition in EB1A (requires establishment of extraordinary ability) or EB2-NIW (requires you to show that your work is in national interest). In any category, the priority dates for your nationality should allow you to file i-485 in order to get an EAD.
In summary it is possible as long as you meet USCIS criteria.
Q2:
How many research publications are required? And what are the other important things or criteria looked into for giving an EAD?
Answer:
It is not just publications but how you show evidence of national interest. Please refer to USCIS criteria and our free e-book for answers to FAQ.
Q3:
Was there anyone who had applied for EAD while doing master’s or after completing his/her master’s? I know mostly PhD students apply for green cards.
Answer:
We have not helped any master’s students. Green card is not restricted to PhDs, anyone who meets USCIS criteria can apply.
Q4:
How much would be the entire amount required while applying for EAD or green card? And how much would it be if I go throw a lawyer?
Answer:
For EAD via Green card, you need to apply for i-140, i-485 and i-175. You can find the processing fee at USCIS website.
Lawyers charge anywhere from $3k and higher in addition to the application fee.
Question:
If I go through the entire process and by any chance my petition for EAD gets rejected. Will I lose my F-1 status? If so, do I need to move completely back to my home country? Or is there any solution for it?
Answer:
We are assuming that you are referring to EAD via Green card. You will not lose your F-1 status. However, you will not be able to renew your F1 once you apply for i-485. When you apply for i-485, you are expressing intent to immigrate. Usually EAD application is not rejected, but i-485 can be.
You can find more information on F1 and green card on the following post.
Disclaimer: The contents in this web site are only for your information and are not intended to be legal advice. While many of our applicants successfully obtain their I-140 approvals, the information here should not be considered as a guarantee of your green card application outcome.
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