Converting student visa into work visa into GC

[meoweth 0]

I am posting this question to help a family member who has sent their child to the USA for college. He is currently at his 4th year in the US college on a student visa. The family wishes (obviously) to have their child become a US citizen and was wondering if the following scenario would work. The child would complete 2 more years of college to get an engineering degree (6 years total time in the US spent as student visa), then he would look for work and hopefully find a company that would be willing to sponsor him for a work visa. Then he would continue to work until he could convert his work visa into a permanent residence/GC. The family is also wondering if he would need the work visa first to find a job, or if he should find a job first then get his work visa.

I'm pretty sure there are alot of stuff I am missing in terms of details, but please try to provide an answer baed on the above description.

[Harpa Timsah 13,258]

He would need to find an employer that is willing to sponsor him for a work visa.

Why is it obvious that a person wants their kid to be a citizen? The whole point of a student visa is to go home and enrich your country with the knowledge you gained. A part of the approval process is proving you will go home.

[Anh map 2,098]

The employer's attorney does the filing for the work visa. The potential employee has to find an employer willing to pay for the visa filing, etc.

*Moved from Adjust Status-work, student, tourist forum to Work Visa forum*

Edited September 9, 2012 by Kathryn41
to remove comment that could be misconstrued as promoting immigration fraud

[SBB 74]

If they're going to do engineering, see if they can get into a masters program that's funded. It will be much faster to get a green card through an EB-2 visa instead of an EB-3.

[meoweth 0]

If they're going to do engineering, see if they can get into a masters program that's funded. It will be much faster to get a green card through an EB-2 visa instead of an EB-3.

Thanks for the help. So basically, after his masters in engineering, he needs to do 5 years of engineering related work with an employer who is willing to sponsor his work visa and he will be able to apply for a green card? How does this process work, is he automatically getting the green card after 5 years of work, or is it some kind of waiting list/lottery/point-system where it might take years to process the GC application?

This is a bit off topic, but what if he completed his masters of engineering program in Canada and did work there. The family thinks its easier to get a Canada citizenship.

[kzielu 1,147]

Work visa and employment based green cards are two entirely separate things. Nothing automatic there, employment based green card need to be applied for separately.

Also currently for most of EB visa there is substantial wait, and some categories for some countries are at this point not available at all.

[Darnell 8,478]

why not sit for a masters program in New Zealand? After 2 years, become a citizen of New Zealand, can do whatever he/she wants in New Zealand.

(That's the preferred Chinese Method, btw)

[meoweth 0]

why not sit for a masters program in New Zealand? After 2 years, become a citizen of New Zealand, can do whatever he/she wants in New Zealand.

(That's the preferred Chinese Method, btw)

Thanks for the suggestion, where did you find this info about 2 years b/c citizen? From what I just read online, you need to get a student visa, then it becomes permanent residence permit, then needs to satisfy residence requirements (4 years out of 5), as well as probably find a job.

http://www.dia.govt.nz/Services-Citizenship-General-Requirements-for-a-Grant-of-New-Zealand-Citizenship#five

[Boiler 43,518]

Sounds pretty desperate, why?

[Darnell 8,478]

You know it's the parent's retirement program, yes?

To the OP - look - yer supposed to go back home after you graduate, and use yer USA Education to build up yer country, in a high paying job back home.

[SBB 74]

Thanks for the help. So basically, after his masters in engineering, he needs to do 5 years of engineering related work with an employer who is willing to sponsor his work visa and he will be able to apply for a green card? How does this process work, is he automatically getting the green card after 5 years of work, or is it some kind of waiting list/lottery/point-system where it might take years to process the GC application?

This is a bit off topic, but what if he completed his masters of engineering program in Canada and did work there. The family thinks its easier to get a Canada citizenship.

What would likely happen is that he'd work on an H1B for some company and if they like him enough, they'd sponsor him for an employment-based immigrant visa. With only a bachelor's he'd only be eligible for an EB-3 visa (which currently has a 6-9 year wait depending on your country), with a Master's he could be sponsored for an EB-2 (which is currently backlogged a year and a half, but in most years is open for beneficiaries who aren't from India or mainland China who have a five year wait).