Can someone further explain the dual-intent portion of this? I'm a US citizen and my girlfriend, who is from Iran, is working toward her PhD in CS here in the States. Currently, she's on a F-1 visa(the site says it's not dual-intent), and would like to remain in the states after she completes her studies to work at a US company(most likely in the valley). This caught my eye as a point of concern, so if anyone can elaborate it'd be greatly appreciated:
"If you're not on a dual intent visa then you may be asked to prove that you have significant ties to your home country, and no intent to reside in the US permanently or apply for a green card."
It's worth mentioning we will probably marry before she completes her PhD.
Not a lawyer, but I had the same visa and this is my understanding:
Once she has "demonstrated immigrant intent" (i.e. applied for a green card) she can remain in the US with no problem, but if she leaves and tries to re-enter on her F1 visa she can be denied entry. Because it is a strictly non-immigrant visa, if they think you intend to immigrate you can be turned back at the border.
However if she gets Advance Parole (which is part of the green card process) before leaving the US she can use that to re-enter if necessary.
She should talk to her school's international office and if necessary a lawyer if she has any questions.
Even if you don't marry, after graduation she can get one year of so called Optional Practical Training, during which she can apply for a dual-intent visa. This is the path I had personally taken. If you do get married, I am almost 100% sure her having been on an F1 visa is no obstacle for her green card application.
Ok - how difficult was it to get on the Optional Practical Training? She'll be interning at a major company in the valley this summer(assuming the export control process doesn't pose an issue), and will most likely be doing so next summer as well. Basically, finding work shouldn't be an issue for her after graduation.
OPT is time of work that she gets for her studies, Some people wait until they are done with their studies to use that time. If you use it during your studies (in an internship) you'll run out of time by the end, there is new legislation that will let her get an h1b easier coming from an F1.
It was a long time ago, but I remember it being totally routine, no queues and no uncertainty. She should go to her school's immigration office, I'm sure they'll be able to walk her through the application and explain any other options while they're at it.
One of my summer internships was delayed for two months because USCIS thought my photo was overexposed (it wasn't)... so I definitely wouldn't say "no uncertainty" but all the paperwork was possible to complete without representation.
"If you're not on a dual intent visa then you may be asked to prove that you have significant ties to your home country, and no intent to reside in the US permanently or apply for a green card."
It's worth mentioning we will probably marry before she completes her PhD.