Pursuing academic dreams/careers in the US is not without personal compromises for international students. Especially those students with spouses, holding F-2 visas, are constrained by the inability to study full-time or work. For those dependents seeking a stable and independent future in the US, other than their partner’s student tenure, is a harsh reality.
Fortunately, one of the most sought-after and practical pathways to obtaining legal permanent residency for F-2 visa holders is via the EB-3 visa category. The popular EB-3 Visa Green Card Program opens doors of opportunities for professionals, skilled, and unskilled alien workers to secure permanent residency and employment, subject to the qualification of certain key criteria.
This guide disintegrates the pathways for foreign students’ spouses to navigate to independent US residency from F-2 visa limitations through the EB-3 visa program.
Why EB-3 Visa Green Card Program, though?
Classified under the employment-based US immigration systems, the EB-3 Visa Green Card Program specially caters to three subcategories:
Skilled workers
Applicants with at least 2 years of specialized training or job experience for roles, including chefs, carpenters, healthcare support professionals, and HVAC technicians.
Professionals
Applicants with a US bachelor’s degree or its foreign equivalent are eligible for positions, like teachers, architects, engineers, and accountants.
Unskilled workers
They qualify for jobs that demand less than 2 years of relevant training or experience, such as work in housekeeping, food processing, caregiving, and hospitality. This subcategory is usually more accessible for most F-2 visa holders.
So, what makes the EB-3 visa program accessible and relevant for F-2 spouses is its vast inclusivity. The EB-3 Green Card jobs are achievable for them even with basic/minimal qualifications and a willing US employer. Whereas, the EB-1 and EB-2 categories demand advanced degrees or exceptional credentials.
Breakdown of the transition from F-2 to EB-3 Green Card holder
Here’s a roadmap to becoming a permanent and independent resident from a dependent status:
1. Obtain work authorization
F-2 visa holders are not authorized to work. However, certain qualifications are required to pursue EB-3 sponsorship. That is why gaining prior work experience in any US business helps build credibility and working relationships. So, F-2 visa holders can consider:
- Changing to H-1B status: While it can be somewhat difficult due to existing lottery caps, H-1B status can be achieved by receiving a job offer in a specialty occupation.
- Applying for an EAD: In case the F-1 spouse holds an Optional Practical Training (OPT), providing certain scenarios, the F-2 holders become eligible for limited work authorization.
While it is not necessary to pursue EB-3, these steps do improve chances of employability and finding a sponsor.
2. Finding a willing sponsoring employer
Transition to the EB-3 pathway starts by securing a full-time and permanent employment offer from a willing US employer to sponsor your EB-3 green card.
Useful tips for F-2 visa holders:
- Apply to US employers with records of sponsored immigrants
- Target industries with potential labor crisis, like food services, elder care, healthcare, etc.
- Consider staffing agencies that explicitly work in foreign national recruitment.
The desired job profile must align with one of the EB-3 categories, especially for unskilled workers with no essential degree or previous work experience in the US.
3. Employer file for PERM labor certification
The willing US employer must provide proof of the non-availability of eligible US laborers for the vacant position to the Department of Labor (DOL). This process includes:
- Prevailing Wage Request via Form ETA-9141 to exhibit fair market remuneration.
- Recruitment campaign illustrating local job advertisements, such as newspaper ads, state workforce postings, etc.
- Filing Form ETA-9089 to request PERM Labor certification.
This whole process usually takes around 6 to 12 months.
4. Form I-140 immigrant petition
After obtaining PERM, the employer, on the applicant’s behalf, files for Form I-140 to confirm their qualification for an Employment-based green card. While the standard processing for this petition is 6-8 months, the premium processing within 15 days is available at a certain fee.
Note: Form I-140 approval necessarily does not imply legal status; it simply means reserving your spot in line by setting a priority date.
5. Adjust status or complete consular processing
As soon as the priority date becomes current, one can apply for status adjustment via Form I-485 (if already in the US) or fulfill consular processing (if abroad).
F-2 visa holders, already residing in the US, can apply for adjustment of status, which will help preserve their legal status while the EB-3 green card is being processed.
Common obstacles for F-2 visa holders
Know of the potential challenges for F-2 visa holders while transitioning to EB-3 processing right ahead:
Employer reluctance
Not all US employers may be willing to bear the costs and complexities of sponsoring the EB-3 Visa Green Card jobs. So, F-2 holders should first land a job offer with a company willing to undergo the lengthy processing.
Maintaining legal status
F-2 visa holders, at any point during the transition period, must avoid status gaps. Overstaying or unauthorized work may result in Green Card ineligibility and even deportation. If needed, one may switch to non-immigrant status with an H-1B or H-4.
Wait times
Most applicants from China and India typically face multi-year backlogs with their EB-3 visa processing, making alternative options worth considering. While constantly monitoring the monthly Visa Bulletin is fine, applicants with a current priority date may also consider concurrent filing, Form I-140 and I-485 together.
Coming to an end
The shift from F-2 status to a permanent green card holder via the EB-3 visa category is not easy, but it is also not entirely unachievable with the right strategy. A sure success in the EB-3 green card jobs is guaranteed with a strategic plan of job searching, employer willingness, and proper immigration guidance.
Therefore, by grasping the benefits available through the EB-3 visa green card program, spouses of international students can pave their independent future in the US, shifting from dependency and restrictions to self-sufficiency and independence, and short-term stays into stable and permanent residency.
