Can F-1 students directly apply for a green card? Is it legal?
Feasibility and Legality
Many people may wonder, "If the F-1 visa does not allow for immigrant intent, can F-1 students directly apply for a green card?" The answer is: Yes, F-1 students can directly apply for a green card.
The F-1 visa is a full-time student visa that requires applicants to demonstrate non-immigrant intent at the time of application. However, U.S. immigration law allows F-1 visa holders to change their non-immigrant intent after entering the U.S. and staying for a period.
Is Getting an H-1B Necessary for Green Card Application?
H-1B is not a prerequisite for applying for a green card. However, for most international students, changing from F-1 to H-1B before applying for a green card is a more secure path. This allows the employer to evaluate your long-term performance and contributions during your H-1B period.
The requirement that "you must obtain an H-1B before applying for a green card" is merely a company policy, not a rule of USCIS. In fact, there is no causal relationship between H-1B and green card applications. The H-1B is more like an intermediate stage from F-1 to green card, ensuring that the applicant has legal work authorization in the U.S. while waiting for green card opportunities.