For F-1 students, the fastest way to get a green card is applying for an EB-1 green card, which can be completed in as short as 1-2 year.
Compared to EB-2 and EB-3, the EB-1 green card features the shortest waiting time.
The application process for an employment-based green card usually consists of 3 steps:
-
Permanent Labor Certification (PERM)
-
I-140 Immigrant Petition for Alien Workers
-
I-485 Adjustment of Status
However, for individuals who meet the "extraordinary ability" criteria, the U.S. government can waive the PERM labor certification requirement, allowing the application process to start with the I-140 petition.
Additionally, the waiting period for EB-1 green cards is currently the shortest among all employment-based green cards. As a result, the overall processing time for an EB-1 green card is significantly shorter than that for other employment-based green cards.
EB-1 Application Process
Step 1: I-140 Immigrant Petition for Alien Workers
-
Applicants need to prepare the required materials and hands them over to an immigration lawyer. The lawyer submits the EB-1 petition to USCIS.
-
It generally takes applicants 2-3 months to gather the essential materials. If the materials are complete, the law firm can complete the EB-1 petition within 1-2 weeks.
-
Regular processing for the I-140 petition takes 6 months to 1 year, while premium processing can shorten the waiting period to 15 days. If you receive a Request for Evidence (RFE), you will have 30 to 90 days to prepare your response. USCIS will then make a decision within 60 days after receiving your response.
-
If everything goes smoothly, you will receive the EB-1 petition approval within 6 months; with premium processing, it can be as fast as 2 weeks.
Step 2: I-485 Adjustment of Status
-
Although the waiting period for the EB-1 priority date is shorter, you can only submit the I-485 (Adjustment of Status) application once your priority date is current. After submitting the I-485, you can wait for the review, which generally takes 6-8 months.
Therefore, if you start applying for EB-1 while on F-1 status, you can obtain your green card within 1-2 years at the earliest.