Do You Know F1 Student Can File Immigration Petition Now？

On 12/20/2023, USCIS updates policy guidance for international students. The guidance clarifies that F and M students must have a foreign residence that they do not intend to abandon, but that such students may be the beneficiary of a permanent labor certification application or immigrant visa petition and may still be able to demonstrate their intention to depart after a temporary period of stay.

Many F-1 students, especially PhDs, meet the requirements for NIW or EB1 but haven't applied for a Green Card due to F-1's non-immigrant intent requirement, delaying their Priority Date by years. This recent USCIS rule clarifies F-1 students can apply for a Green Card, focusing on current intent rather than future plans. Even with a PERM or pending/approved I-140, students intending temporary stay can qualify for an F visa. Officers will consider all circumstances to determine eligibility.