In January 2018, USCIS revised its methodology for calculating your green card processing time. This was in response to complaints that the case processing times USCIS posted on its website were inaccurate, unclear and not helpful. USCIS had a goal of processing green card applications within 120 days, but that goal was rarely ever met. However, there is some hope Read More
How to get a green card?
There are several ways to get a green card in the USA. A Green Card is the common term for permanent residence status in the US, and depending on your situation and type of eligibility you will need to follow different steps to obtain one.
The most common ways are through sponsorship by a family member or an employer. In some instances, you can file for yourself without sponsorship. Read More
A very common reason for losing permanent residency (i.e. your green card) is remaining outside the U.S. for a long period of time. Staying outside the U.S. for more than 6 months could raise questions upon your return. Generally, though, you may be found to have abandoned your residency if you have been absent from the U.S. for 1 year or more. If you know you will be out of the U.S. for 1 or more years, then you should apply for a Re-Entry Permit.Read More
If you are in the US and married to a U.S. citizen, the process to obtain permanent residence takes on average six to twelve months. The application requires submitting a comprehensive package to USCIS consisting of the Form I-130 (Petition for Alien Relative), which must prove the legitimacy of the marital relationship, and the Form I-485 (Application to Adjust Status), which inquires about such things as the foreign spouse’s status in the U.S. and prior immigration problems. Read More
Yes, as a legal permanent resident (“green card” holder), you can sponsor your spouse, children, and unmarried sons and daughters (age 21 and over) for a green card under the family-based 2nd preference visa category. The first step would be filing the Form I-130 (the green card application cannot be filed until visa priority dates become current).Read More
This issue is a hot topic as of late. Having a child born in the us as a way to secure your place in the United States is commonly referred to as having an “anchor baby.” One website describes "Anchor baby" as a "controversial term, regarded by many as a pejorative, for a child born in the U.S. to a foreign national mother who herself has not been lawfully admitted for permanent residence."Read More
"I want to bring my wife to the us to live with me" is a different question for Citizens than it is for Green Card hodlers. As a Green Card holder, you can petition to bring your foreign wife to the US to live with you by filing the Form I-130 but unfortunately the wait time for a visa for spouses of permanent residents is currently about 2.5-3 years. Read More
If you're wondering, "Do Hotels Sponsor Visas" - the answer is yes, they do. Hotels and other hospitality establishments are more likely to sponsor workers for H-2B visas or J-1 visas. The H-2B visa allows employers to bring temporary workers to the U.S. to help with seasonal or peak load work. Read More
There are several ways to get a green card for a Canadian citizen but the two most popular ways are through an employer or family sponsor.
A typical path for someone is to change status from an F1 to an H1B if your employer is willing. The employer would then also sponsor you for your green card. There are ways to get a green card without sponsorship but they are not as common. Read more
In general, I would say the L-1A (versus the L-1B) visa is more optimal than the H-1B visa. Here are some of the reasons why:
While it is easier to get a H1B visa at a big, old and profitable company, an h1b visa startup employee isn't uncommon. The H1B visa was initially intended for use by large companies to bring in highly skilled labor. It’s now being used by for startup employees as a sign of the times. But startups need to show more documentation, such as incorporation and financial documents, as well as proof of an employer-employee relationship for the H1B applicant.Read More
Getting a Green Card startup owner is not easy.First off, TN visa holders are unfortunately not permitted to apply for permanent residency, although there may be some strategic workarounds. Many TN visa holders wanting to apply for permanent residence request a change of status to an H1B visa, which does permit applying for permanent residence.
No matter what however, owning 50 percent of the company that would sponsor the permanent residency application will make it difficult to get an approval in most instances.Read More
Yes, I believe the J-1 visa could apply to dental assistants, in particular the J-1 visa trainee program. The J-1 trainee program specifically permits health-related occupations. Read More
I think you’re mixing up a few immigration rules. If you’re an H1B visa holder, then you can transfer to a new employer any time you’d like regardless of whether you have an approved I-140. The H1B process is separate from the green card process. No matter what, your new employer would have to file for an H1B transfer for you.Read More
There are several “rules” green card holders must follow, such as filing tax returns, not voting in elections and refraining from criminal behavior. However, the most common issue that comes up with green card holders is the travel restriction. Green card holders cannot leave the U.S. for extended periods of time and must always show their intent to live permanently in the U.S. Read More
USCIS is required to adjudicate the H1B application within 15 days of receiving the H1B premium processing request. With premium processing, USCIS communicates with the employer via email (as well has regular mail). So, for example, your employer will get an email notifying him or her that the application was received, whether there is a Request for Evidence on the application, and also whether it has ultimately been approved or denied.Read More
The O1 visa recommendation letter is a very important part of the application. Support letters should be a true representation of a person's accomplishments. Inaccurate information could come back to hurt you, for example, when applying for a green card through the EB1 visa category (which is most common for O-1 visa holders). The EB-1 visa requires much more documentation and evidence, and you don’t want any of the additional pieces of documentation or evidence to contradict the O1 visa recommendation letter you submitted.Read More
It is easier for an international student to startup a company than an H1B visa holder if the student gets an Occupation Practical Training (OPT) work permit after graduation, since OPT holders are perfectly permitted to startup their own companies. It is relatively straightforward and the OPT holder is not restricted by the Department of Labor’s or USCIS’s many rules that apply to H1B visa holders. In comparison, it is more difficult to startup a company as an H1B visa holder.Read More
It’s a fairly simple process. You would have to file for a change of status using the Form I-539. Among other things, you should provide proof that you are married to your H1B visa holder and that you have remained in status.Read more
The first step in how to apply for a j1 visa for any company wanting to host a J-1 intern or trainee is to find a J-1 sponsoring organization. This sponsoring organization is the one with whom you’ll work to get the J1 visa for your intern or trainee. The J-1 application and accompanying documents must be submitted to, reviewed by and ultimately approved by the sponsoring organization. Read More
Whether a job change will affect a foreign national’s permanent residency (“green card”) process depends on where he or she is in the process. Read More for some of the possibilities.
Is there a specific incubator visa program?
YCombinator, TechStars and other incubators that are funding foreign entrepreneurs do not have a specific incubator visa program. Entrepreneurs need to secure tourist or student visas to participate in the program, such as The F-1 student visa for full-time students at U.S. colleges and universities.Read More
Being in the center of innovation in Silicon Valley, we get a lot of questions about the foreign entrepreneur startup process. There are different ways to go about it, but some of the most common visas used by foreign entrepreneurs include the L1 visa, the E2 visa and the H1B visa.Read More
Typically, B1 visas are appropriate in order to participate in incubator programs. These programs normally involve attending trainings, meeting V.C.s, connecting with mentors, refining strategies, etc - all of which are permissible B1 activities. You may not, however, be an “employee,” such as a computer programmer, for your startup. If you start doing work that is usually performed by traditionally-salaried employees, then that activity is likely not permissible under the B1 visa.Read More
Speaking very generally, Consular Officers have said that the most common reason for unsuccessful E2 visa applications is lack of sufficient documentation. There are no requirements regarding the type of startup needed for an E-2 visa. However, the general rule is that the lower the cost of the startup, the greater the investment required. Read More
The EB-2 National Interest Waiver (NIW) category is a sub-set of the general Employment-Based 2nd preference (EB-2) immigrant visa category.
The general EB-2 category requires an employer sponsor and that employer sponsor must undergo the labor certification process, which is meant to ensure that no U.S. workers are available and willing to fill the position.Read More
You can not have both visas at the same time, however depending on what your goals are you may not need to change your status to an F1. You may pursue further studies while on an H1B visa as long as the primary purpose for your being in the U.S. is the H1B employment. Read More
Can an h1b visa holder freelance?
You may not have any employment outside of your approved H-1B employment, which rules out any type of freelance work. Any other employment would require another work visa.</p Read More
Based on the information you provided, you should apply for your H4 change of status immediately. Technically, you are no longer in visa “status” because you lost your job. When you apply for the H4, you should provide proof that you’ve been maintaining H1B1 status, which is usually done in the form of pay stubs. If the H4 change of status cannot be approved, then you can obtain H4 status via consular processing.Read More
Usually, it’s recommended that people in your situation stay working on their H1B visas until their AOS applications have been approved. If you start working on your EAD, then you’ll no longer be in H1B status. The problem arises if your AOS application is denied for some reason. In such an instance, you don’t have a valid visa status by which to remain in the U.S. Having an EAD card doesn’t give you status to remain in the U.S. and, with no H1B visa (or other type of visa), you’ll have to leave the U.S. Read More
Can I move an EB3 category case to the EB2 visa category?
Unfortunately, it is not possible to simply “upgrade” a current EB-3 permanent residency (“green card”) case to an EB-2 permanent residency case. The visa categories are set during the labor certification process and cannot be changed.
A very common reason for losing permanent residency is remaining outside the U.S. for a long period of time. Staying outside the U.S. for more than 6 months could raise questions upon your return. Generally, though, you may be found to have abandoned your residency if you have been absent from the U.S. for 1 year or more. If you know you will be out of the U.S. for 1 or more years, then you should apply for a Re-Entry Permit.Read More
Yes, the short answer is that investors can invest in your U.S. startup for the E2 visa. However, the majority of your startup must be owned by citizens (or entities) of your country. Read More
As an H-1B visa holder, you are permitted to take classes. However, the primary purpose of your being in the U.S. must be your H-1B employment and you must continue working for your H-1B employer in the same capacity. Read More
F1 visa holders can only work in the U.S. under certain circumstances. On-campus employment is allowed, but off-campus employment is only allowed for work which is related to the student’s field of study (through Curricular Practical Training). Even if the work you are contemplating is related to your field of study, it is unlikely that your school will approve for you to be self-employed. Read More
The two visas that can be used to start a business in the U.S. are the E visa and the L1 visa. The E1 treaty trader visa allows individuals from E1 treaty countries to enter the U.S. The L1 intracompany transfer visa allows individuals to enter the U.S. to open a new office of a foreign corporation. Read More
Yes, you can apply for both at the same time. They are two separate processes. The H1B visa is also a “dual intent” visa, which means that permanent residency can be pursued in conjunction with an H1B.Read More
At one point, H1B spouse work was allowed, however that is no longer the case. The Spouse of an H1b visa holder comes in on the dependent H4 visa and as of late 2017, is not allowed to work. Volunteering for a typical volunteer position, however, is permissible – like for a religious or charitable organization. H4s cannot volunteer for a position which is typically a paid position. The H4 visa holder may also permissibly study in the U.S. However, if you are on an H4 visa and want to work, you can look into applying for an H1B visa.read more
Generally, H1B volunteer work is only permitted for those that want to work in their free time as volunteers for positions which are typically unpaid positions (like at non-profits, charitable orgs, etc). Volunteering for a position that is typically a paid position, such as an engineer or similar would most likely be viewed as unauthorized employment which violates the terms of the H1B. Read More
If you lost your job while on an H1B visa, you would technically be out of visa status. However, many H1B visa holders lose their jobs and stay here until they find their next job. Read more
If it will be your primary job, the answer is generally no. It is permissible, however, to invest in a company without working for it and still collect dividends while on an H1B visa.Read More
An eb1 visa for research is very difficult to win because the standard is so high, but is definitely possible with the right documentation and legal help. EB1 visas for research are reserved for the most able and accomplished in their respective fields – i.e. the best and the brightest. These visas are attractive because the labor certification (a time consuming, expensive) process is not required and priority dates are usually current, as compared to the EB2 and EB3 visa categories. Read More
If you do not have a visa, then you would need the Advance Parole document to re-enter the U.S. You must have the AP granted prior to departing the U.S. If not, then you may not be permitted to re-enter (without otherwise obtaining some type of visa). Also, if you depart the U.S. without the AP, then your I-485 application may be deemed abandoned.Read More
There are two types of visas categories one can fall under to work in the U.S. – a non-immigrant visa or an immigrant visa. The non-immigrant visas are temporary in nature and typically require employer sponsorship, such as an H1B visa. There are ways with these types of visas to start-up a company, but there are limitations. Read More
Can I start a company while in H1B?
Based on recent cases, USCIS seems to have taken the position that H1B visa holders cannot work for a company in which they have a majority interest. Generally, USCIS’s reasoning for denying such cases is that the required employer-employee relationship does not exist – i.e. there’s no independent person who supervises the H1B employee, hires or fires the H1B employee, or who generally controls his/her work. There are other options available if you seriously want to start and work for your own company, but, unfortunately, doing it as an H1B visa holder with majority interest will likely be unsuccessful.read more
An eb3 visa is an employment based green card, that provides lawful permanent residence in the US to professionals, skilled workers and unskilled workers with a permanent offer of employment in the US.
If you do not have a degree, you would need 12+ years of industry-related experience to qualify for an E3 Visa, and would need to have your work experience evaluated by independent experts to see if your relevant experience is equivalent to a U.S. bachelor’s degree. You would submit this assessment to USCIS with your E3 application.Read More
Generally, you would need an employer to sponsor you for a temporary, non-immigrant visa. Or, if you have sufficient funds, you could look into an investor E visa.Read More
Unfortunately, there are not a lot of options for a person who wants to get a job without a sponsor. If you are able, you can work for a multinational company abroad for one year and then come in under the L1 intra-company transfer visa. Or you can start up a company abroad and also come in under the L1 intra-company transfer visa to open up a new office here.Read More
According to the USICS, if you want to change visa status in the us, you (or in some cases your employer) must file a request with USCIS on the appropriate form before your authorized stay expires.Read More
Travel while H1B visa pending is not advisable. If you are applying to change to H1B status from another status, then traveling outside the U.S. will abandon your request to change to H-1B status. If the H-1B petition is later approved by USCIS, you will need to apply for an H-1B visa at a U.S. consulate before you can enter the U.S. in H-1B status. Read More
No unfortunately not. If you are coming to the US to work and do not have a Green Card, then you would need your employer to sponsor you for a work visa. Depending on the type of work you will be doing, there might be other visas you can use to enter. Simply being married to a U.S. Citizen without already having a green card, employment authorization document or anything of the sort will not allow you to work here.
No unfortunately not. If you are coming here to work, then you would need your employer to sponsor you for a work visa. Depending on the type of work you will be doing, there might be other visas you can use to enter. But, simply being married to a U.S. Citizen with no green card, employment authorization document, etc. will not allow you to work here.
If you have a U.S. Bachelor’s degree or its equivalent, then you can look into the H1B visa. If you are already with a company, then you can look into the L1 visa for an intra-company transfer. If you have a substantial amount of money to invest, then the E visa could also be another option. The TN visa would not work for a marketing position.Read More
The E visa is one of the few visas that allows foreign nationals to start up their own companies in the U.S. Along those lines, therefore, the answer is, yes, you apply for the visa yourself as the E1 treaty trader. You can, in fact, sponsor my own e1 visa. However, the E1 visa has a number of requirements that go along with it, so you should be sure to meet those requirements.Read More
If your H1B was approved while in the U.S. and you leave the U.S., you have to go through the visa stamping process in order to re-enter the U.S. The H1B visa stamp in your passport authorizes you to enter the U.S. in H1B status.
In order to get the visa stamp, you must make an appointment with the US consulate in your home country (you can visit the website for the specific consulate to get instructions on how to make an appointment, what to bring, etc). Among other things, you should bring your entire H1B application to your interview appointment.Read More Here
Generally, I would say the major visa hoops are putting together the visa application package (which can be onerous depending on the type of visa), responding to USCIS’s Requests for Further Evidence (which can be quite lengthy), and of course waiting for USCIS to process the application (which can take several months depending on the type of visa).
In order to have a smooth visa application process, it is important to first put together a solid and comprehensive package. This could eliminate any Requests for Further Evidence. Often, the process gets delayed because the original application was incomplete or weak. Read More
In theory she could take a one-week summer job, however she would need a separate H1B visa to work for a second employer. Due to the cost - both in time and money - of an H1B visa, it would be rare that an employer would sponsor the second visa for just one week of work. Read More
How does the H1B fiscal year cap work?
The H-1B “cap gap” occurs when a F-1 student's status and OPT work authorization expires during the current fiscal year before the student can start approved H-1B employment during the next fiscal year that begins on October 1. Read More
Neither Citizenship nor residency are not required to start a small business in the United States. Some small business opportunities may allow you to reside in the United States if you qualify for an L-1 or E-2 visa.
For a non US citizen small business to open, the non-citizen needs to have a background in her field and a visa that allows her to stay and work in the us. One way for this to happen would be if she worked for an employer for typically a year under OPT after graduation, then found an employer (a different one, or the same employer is fine) to sponsor her for an H1B afterward. Read More
For temporary employment like internships (paid or unpaid), then technically the H3 temporary trainee visa or the J1 exchange visitor visa would probably be the most appropriate.Read More About These Visas
In terms of visas to start a business here, you can look at the E investor visa. If you already have a company in the Netherlands, you might be able to apply for an L intra-company transfer visa. There is also the EB5 visa, or the Startup Visa Waiver program, depending on your type of work. Read More Here
If you’re coming to the U.S. to perform productive labor, then you would need a work visa like the TN or H-1B visa. If you’re coming simply to meet with clients, obtain information, or other such similar activity, and then will return home to actually perform the work, then you can use the B-1 visa. When you apply for the B-1 visa, you would have to show ties to your home country and be paid in your home country.Read More here
Typically, B1/B2 visa holders can stay up to 6 months in the US, but when you arrive in the United States, immigration officials will indicate on your I-94 card how long you can stay in the country. Be sure not to stay beyond the date indicated, even if it's less than six months. Overstaying even by one day can potentially bar you from enter being able to enter the country again.Read More
Citizenship by marriage is called family-reunification and it is one of the quickest and most reliable routes to US citizenship. Family reunification green cards for immediate family members - spouses and minor dependent children - have no quotas, so as long as you are approved for the visa issuance there will always be visas available. Read More
In general, to get a U.S. driver’s license you must show proof that you are legally permitted to live or work in the U.S. If you are a green card holder, then you can apply for us driving license with your green card and other relevant documents.
If you have lost your Green Card or it has expired, you will need to apply for a replacement Green Card before you can apply for a US driver's license. Driving licenses in the US are only given out to legal permanent residents. Read More
According to the Migration Policy Institute, there have been significant backlogs for Indian and Chinese citizens applying for legal permanent resident status through employment-based and family-sponsored channels, due to the annual per-country quota of immigrant visas available for these categories.
"Increased wait times are attributable to an 80 percent increase in United States visa demands over the past five years," says a representative of the Employer Law Report. "Although the U.S. Department of State (DOS) is working with the Indian government to curb wait times by adding additional positions at the consular posts, the American Immigration Lawyers Association DOS Liaison Committee anticipates wait times will continue to worsen." Read More
Are Arizona's Immigration Laws Legal?
The Support Our Law Enforcement and Safe Neighborhoods Act (introduced as Arizona Senate Bill 1070 and thus often referred to simply as Arizona SB 1070) is a 2010 legislative Act in the U.S. state of Arizona that at the time of passage in 2010 was the broadest and strictest anti-illegal immigration measure passed in the United States.
The bill was scheduled to go into effect on July 29, 2010, but a federal judge issued an injunction that blocked many of the bill's provisions the day before it was supposed to become law. The Supreme Court is considering the constitutionality of SB 1070 in Arizona v. United States. Read More
As long as they are visiting as a tourist or business (B1) visitor and plan to stay less than 90 days, Dutch Citizens do not need a visa to enter the United States. The Netherlands, like most European Union Countries, is part of the Visa Waiver Program, which means it's citizens only need a valid electronic passport* and an Electronic System for Travel Authorization (ETSA)in order to enter the US. If a Dutch citizen is planning to stay in the US for longer than 90 days, or would like to work or study in the United States, then yes, they would need to apply for and be approved for the appropriate visa to do so. Read More
What is "Comprehensive Immigration Reform?”
Comprehensive immigration reform typically refers to a set of legislative proposals and efforts to overhaul the current immigration system, which many believe is severely broken.
The proposals generally pertain to the following issues:
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The Diversity Lottery, also commonly known as the Green Card Lottery, is a program that works on a random lottery for applicants from countries that do not send large numbers of immigrants to the U.S. through other programs. While it was originally intended to benefit Irish and Italian immigrants, who were restricted from immigrating by a 1965 Immigration Act, it is actually mainly used now by immigrants from Africa and Central Asia.
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As a British citizen, you are eligible for the US Visa Waiver Program (VWP) for temporary stays up to 90 days with no visa, just a UK passport and return ticket. In the case of the Visa Waiver Program, you are not allowed to work or study, although you could conduct (B1) visa business such as give one time lecture or traveling for a professional convention.
If you are looking to work or study in the United States, your chances of obtaining a US visa have less to do with your country of citizenship and more with what type of work or study you intend on partaking in.
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If you have a B-1 or B2 visitor visa and you want to change visa category, you do not have to leave the US to apply, however it's best to wait until at least 61 days after entry on the B1 or B2 visa. This is due to what the USCIS "rule" called the 30/60 day rule.Read more here
The U.S. naturalization test or us citizen test has two components - English and Civics. The English portion tests your ability to read, write and speak English. The Civics portion tests your knowledge of U.S. history and government, while the English component tests your knowledge of the English language. The civics test is an oral test and the USCIS Officer will ask the applicant up to 10 of the 100 civics questions. An applicant must answer 6 out of 10 questions correctly to pass the civics portion of the us citizen test.
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Your US immigrant sponsorship is seen as a legally binding contract, so if the immigrant's application has been approved, it will be difficult to revoke your affidavit of support. If the permanent residency application has not been approved, you can withdraw the affidavit of support by sending a letter to the USCIS office that currently has the permanent residency package.
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In general, B-1/B-2 visa holders are not permitted to attend school in the United States. In order to attend school, the B-1/B-2 visa holder must apply for a change of status to either an F-1 (academic student) visa or an M-1 (vocational student) visa.
Some exceptions, however, do exist.Read more here
Many believe that small companies cannot successfully petition for H1B visas. However, even though small or startup companies often do not have as much business activity or revenues to show as compared to more established businesses, it is still highly possible for these companies to obtain H1B visa approvals as long as all other H1B requirements are met. Read More