Immigration FAQs

A green card, formally known as a Permanent Resident Card, Alien Registration Receipt Card, or Form I-551, is a plastic identification card certifying that an individual is authorized to live and work indefinitely in the United States as a lawful permanent resident (LPR). The card is commonly referred to as a "green card" due to its distinctive color and includes the holder's photo, fingerprint, signature, and other identifying details. Although the physical card has an expiration date and requires renewal, the holder's status as an LPR remains valid unless it is formally abandoned or revoked.

Eligibility for permanent resident status, or a green card, is available to individuals in the following categories:

• Family-Sponsored Immigrants: Includes spouses, sons and daughters, and parents of U.S. citizens, along with spouses and unmarried sons and daughters of permanent residents.
• Employment-Based Immigrants: For those gaining residency through employment.
• Investment-Based Immigrants: For investors who contribute to a U.S. business that creates jobs for at least ten U.S. workers.
• Refugees and Asylees: Individuals fleeing persecution in their home countries.
• Diversity Lottery: Individuals from countries with low rates of immigration to the U.S. who are chosen in an annual draw.

A priority date represents your position in the waiting line for a green card when quotas are backlogged. For employment-based categories requiring a labor certification, your priority date is set when the certification application is filed under PERM. If no certification is needed, it is set when USCIS receives your I-140 Immigrant Visa Petition, but it only becomes valid upon approval of the I-140. If multiple petitions are filed for you, the earliest priority date is used. Your priority date must be current, as per the State Department's monthly Visa Bulletin, for you to receive your green card, indicating that your visa number is available.

The Immigration and Nationality Act limits the number of green card visas issued annually across various categories, effective from October 1 through September 30 each fiscal year. Additionally, no single country can exceed a certain percentage of the total visas annually. When these limits are exceeded, a backlog occurs, creating a waiting list where applicants are ranked by their priority date. The term "quota backlog" refers to this waiting scenario.

The status of backlogs is updated monthly and published in the Department of State's Visa Bulletin. Priority dates can advance or retrogress each month based on the processing activities of the Department of State and United States Citizenship and Immigration Services. Movements in the backlog can be significant as the authorities strive to use all available visas annually, though backlogs are expected to continue unless legislative changes increase visa allocations.

Visa availability is based on your country of birth, which defines your country of chargeability.

Yes, if there is a backlog for your country but not for the country where your spouse was born, you can benefit from your spouse's country of birth in your immigration process. This can potentially expedite your application if your spouse's country of birth has a more favorable visa availability.

A biometrics appointment is a required step for certain U.S. immigration processes, such as adjusting your status in the country. During this appointment, which takes place at a local USCIS Application Support Center (ASC), you must provide your fingerprints, photograph, and signature. This information enables USCIS to perform necessary background and security checks prior to approving your application.

USCIS does not allow applicants to choose their appointment dates; instead, dates are assigned based on the availability at the ASC on a first-come, first-served basis. Applicants are informed of their appointment dates through a mailed notice from USCIS.

Attending your biometrics appointment is crucial. USCIS cannot approve your application without the completion of your biometrics. Failing to attend this appointment or not rescheduling it promptly can lead to your application being denied, as it may be considered abandoned by USCIS.

If your biometrics appointment date has not yet passed, you can reschedule it online through your USCIS account. Upon receiving your rescheduling request, USCIS will assign a new date, typically further in the future. This online rescheduling feature can only be used twice. If you need to reschedule more than twice, you must do so by calling the USCIS customer service line at 1 (800) 375-5283.

If you miss your biometrics appointment due to reasons such as delayed or lost mail, and the date has already passed, you cannot reschedule it online. Instead, you must call USCIS's customer service number at 1 (800) 375-5283. During the call, inform the automated system that you missed your appointment; it will then transfer you to a representative. The representative will ask why you missed the appointment and will forward the rescheduling request to a special department for review. Another appointment will only be scheduled upon approval of this request.

If you have missed an appointment, another option is to visit the ASC in person and inquire if it's possible to attend the appointment then. The officers at the ASC are not required to accommodate missed appointments but may do so depending on availability. If an in-person resolution isn't feasible, it is advisable to call USCIS immediately to avoid your application being considered abandoned and potentially denied.

While it is commonly known that adult international students on F-1 visas can have their spouses and minor children accompany them on F-2 visas, it is less known that parents of minor international students on F-1 visas also have an option to accompany their child. This is possible by applying for a B-2 visa through the appropriate consulate.

The Department of State’s Foreign Affairs Manual includes a provision allowing household members of another noncitizen in long-term visa status (e.g., a student visa for a multi-year educational program) to accompany that person in the U.S. for the duration of their program. This includes parents of minor F-1 students, as well as cohabitating partners and elderly parents of adult students or workers.

Parents who want to use the B-2 visa for a longer stay can request a 1-year duration when first applying for the visa. Once in the U.S., they can apply to USCIS to extend their B-2 status in six-month increments until the end of their child’s F-1 student status, which aligns with the duration of the academic program. This allows for a longer stay than typically allowed on a B-2 visa.

However, parents on a B-2 visa may not work in the U.S. They must also prove sufficient ties to their home country to demonstrate “non-immigrant intent” to the consular officer. This means showing that their purpose for entering the U.S. is to accompany their child temporarily, not to reside in the U.S.

Proof of personal funds, a permanent address in the home country, and family and employment ties to the home country will be helpful. Since proving these ties can be complex, consulting an attorney is recommended if you are unsure about your case.

This option is not available for those who enter with a Visa Waiver program (ESTA). The maximum stay is 90 days, and it is not possible to extend or change status from within the U.S. if you entered on an ESTA.

If an employer terminates an H-1B employee before the visa's expiration date, they must inform USCIS and cover the cost of the employee's return transportation to their last foreign residence. Upon termination, the employee loses legal status and must either find another employer to sponsor a new petition, or secure a different nonimmigrant status within 60 days to avoid having to leave the U.S.

The current H-1B regulations do not impose additional restrictions on related companies filing for the same individual. However, multiple H-1B petitions from related entities are prohibited unless there is a valid business need.

Typically, an individual can hold H-1B status for up to six years. The initial petition may be approved for up to three years, with the possibility of extending to a total of six years. Extensions beyond six years are not permitted through employer changes but may be possible under certain circumstances if a permanent residency application is pending.

Yes, an H-1B holder can work for more than one employer, provided each employer has successfully filed an H-1B petition. Employment with subsequent employers can begin upon the filing of each new H-1B petition.

Yes, H-1B holders may work part-time if their employer has filed the petition for part-time employment and all H-1B requirements are fulfilled.

H-1B employees must be paid the higher of the prevailing wage or the actual wage paid to similar employees in the same position. The prevailing wage can be determined through a formal request to the Department of Labor, by using the Department's Online Wage Library, or by referencing an approved independent wage survey.

To apply for an H-1B visa, a U.S. employer must first submit a Labor Condition Application (LCA) to the Department of Labor. Once the LCA is certified, the employer must file Form I-129, Petition for Nonimmigrant Worker, along with the required supplements and documentation, to USCIS. If approved, the employee can then apply for the H-1B visa at a U.S. consulate or change their status if already in the U.S.

The essential documents for an H-1B visa application include:

• A certified LCA from the Department of Labor.
• Evidence that the job qualifies as a specialty occupation.
• The applicant’s U.S. degree or a foreign degree with equivalency to a U.S. bachelor's degree or higher, or equivalent professional experience.
• Any necessary licenses for the occupation in the intended state of employment.

A specialty occupation is defined as a job that necessitates both theoretical and practical application of highly specialized knowledge, typically requiring at least a bachelor's degree or its foreign equivalent in a specific specialty. Common examples of such occupations include roles like accountants, computer analysts, engineers, scientists, and architects.

If an H-1B holder needs to change to a significantly different position or relocate, a new Labor Condition Application (LCA) and H-1B petition must be filed. For most changes involving a new location, these new filings are required. However, if the move is for a short-term assignment and not permanent, some exceptions may apply.

Should an H-1B visa holder decide to switch employers, the new employer is required to file an H-1B petition with the U.S. Citizenship and Immigration Services (USCIS). The employee can begin work with the new employer as soon as the petition is submitted, provided they are already in H-1B status under a previous employer. This rule applies regardless of whether the position change is significant or involves relocation.

Under the American Competitiveness in the Twenty-First Century Act (AC21), if you have an approved I-140 immigrant petition but cannot adjust status to permanent resident due to visa backlogs, your employer may apply for H-1B extensions on your behalf in three-year increments. This also applies to extending your dependents’ H-4 status. If you don't have an approved I-140, you might still qualify for H-1B extensions in one-year increments if your labor certification or I-140 has been pending for over 365 days by the time of the extension request.

L-1 status is designated for individuals who have been employed overseas in an executive, managerial, or specialized knowledge capacity for at least one continuous year within the three years prior to their transfer to the U.S. This status allows them to work temporarily in the U.S. in a similar role for a parent, affiliate, subsidiary, or branch of their employer.

Executives and managers under L-1A status can stay in the U.S. for a maximum of seven years. Employees with specialized knowledge under L-1B status can stay for up to five years. If a specialized knowledge employee has held a managerial position in the U.S. for more than six months before their five years are up, they may switch to L-1A status and potentially extend their stay up to seven years. Initially, L-1 approval is typically for three years, with the exception of start-ups, where the first approval is limited to one year. Extensions can be granted in increments of up to two years.

An L-1 visa application begins with the employer filing Form I-129 and the L Supplement with USCIS. If approved, employees outside the U.S. may apply for the L-1 visa at a U.S. Consulate. Large organizations may secure a “Blanket” L-1 petition, allowing their executives, managers, and specialized knowledge professionals to apply directly at a consulate without needing individual petitions approved. Canadian citizens can apply at the border or a pre-flight inspection unit in Canada without a pre-approved petition.

An L-1A manager is an employee who primarily oversees an organization or one of its major parts. This includes managing other supervisory or managerial staff, or an essential function of the organization. They have the authority to make personnel decisions and often operate at a high level within the organization, focusing primarily on oversight rather than hands-on tasks, and may supervise professionals if they are a first-line supervisor.

An executive in L-1A terms is someone who primarily directs the management of the organization or a significant part of it, establishes its goals and policies, and exercises significant discretion in decision-making. They typically receive only general oversight from higher-level executives or the board of directors.

An L-1B employee is recognized for possessing specialized or advanced knowledge that is distinct and noteworthy within the industry, relating to the organization's products, services, research, equipment, techniques, management, or other interests. This knowledge should be substantially different from that generally found in the industry and does not necessarily need to be unique to the company, but must be advanced.

Obtaining an employment-based green card involves several steps, which may vary based on the applicant's qualifications and the nature of the employment. If the individual is recognized as extraordinary in their field or their employment benefits the U.S. national interest, the Form I-140, Petition for Immigrant Worker, needs to be filed along with necessary documentation either by the individual or their employer. Similarly, if the applicant is a multinational manager or an outstanding researcher, the employer is required to submit the I-140 petition. For those who do not fit these categories, the employer must first go through the labor certification process before filing the I-140. Concurrently with the I-140 filing, the applicant may be eligible to file Form I-485, Application to Register Permanent Residence or Adjust Status.

The Employment-Based Second Preference (EB-2) category is for professionals holding advanced degrees (Master’s or Ph.D.) or those with exceptional abilities in the sciences, arts, or business, where the job requires at least a master's degree or its equivalent. This equivalence can also be met by a bachelor's degree plus five years of progressively responsible experience. The Employment-Based Third Preference (EB-3) includes professionals whose jobs require at least a bachelor’s degree and skilled workers whose positions require a minimum of two years of training or experience. The "Other Workers" subcategory under EB-3 covers roles that necessitate less than two years of education, training, or experience.

PERM, or Program Electronic Review Management, is the initial step for a U.S. employer wishing to hire a foreign national on a permanent basis under an immigrant visa, as opposed to a temporary nonimmigrant visa. The Department of Labor (DOL) uses the PERM system to issue "labor certifications," which are essential for many green card applications. Under PERM, employers declare that they have made genuine efforts to recruit U.S. workers and have found no qualified U.S. worker available and willing to take the job. Employers must document their recruitment efforts to comply with regulatory standards, which must be presented to the DOL upon request during audits. All PERM applications are electronically processed at a single center located in Atlanta.

The processing times for PERM applications, which include the Prevailing Wage Determination (PWD) and the Labor Certification decision stages, are regularly updated on the Office of Foreign Labor Certification website. Employers are required to undertake specific recruitment activities between 60 and 180 days before submitting the Labor Certification application.

Under PERM, employers are required to conduct comprehensive recruitment within 180 days prior to filing the application. This includes placing a job order with the State Workforce Agency (SWA) and posting an internal job announcement both onsite and through any usual in-house media channels. For professional roles, employers must also carry out at least three additional recruitment measures, such as advertising on their company's careers page, other employment websites, local or ethnic newspapers, or through college career services. Employers must evaluate all U.S. applicants and cannot proceed with the PERM application if there are qualified U.S. workers ready and available to fill the position.

The EB-5 Immigrant Investor Program, administered by USCIS, was created by Congress in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. It allows investors to obtain a U.S. green card by investing in a new commercial enterprise that creates at least 10 full-time jobs for qualifying U.S. workers.

Investors must invest at least $1,050,000 in a new commercial enterprise, or $800,000 if the investment is made in a targeted employment area (TEA) such as a rural area or an area with high unemployment.

A new commercial enterprise can be any for-profit activity formed for the ongoing conduct of lawful business, such as a sole proprietorship, partnership, holding company, joint venture, corporation, business trust, limited liability company, or other entity, excluding noncommercial activities like owning and operating a personal residence.

The investment must create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years of the immigrant investor’s admission to the United States as a Conditional Permanent Resident. In a regional center investment, up to 90% of these jobs can be indirect jobs created as a result of the investment.

A TEA is either a rural area or an area with an unemployment rate of at least 150% of the national average. Investments in TEAs are subject to a reduced minimum investment amount of $800,000.

A qualifying employee is a U.S. citizen, lawful permanent resident, or other immigrant authorized to work in the United States, including asylees and refugees. This does not include the immigrant investor and their family members.

Capital can be in the form of cash, equipment, inventory, other tangible property, and cash equivalents. The investment must be at risk for the purpose of generating a return on the capital placed at risk. Guarantees of returns on investments are not permitted.

The Regional Center Program allows investors to pool their investments through USCIS-designated regional centers to promote economic growth in specific regions. Investments made through regional centers can count indirect and induced job creation towards the job creation requirement.

For petitions filed on or after March 15, 2022, the minimum investment amount is $1,050,000, or $800,000 if investing in a targeted employment area or infrastructure project.

The Act introduced several changes, including increased investment amounts, additional compliance requirements for regional centers, and protections for good-faith investors. It also reauthorized the Regional Center Program until September 30, 2027.

Yes, good-faith investors may retain their eligibility if they continue to meet all other requirements or by amending their petition to show compliance with new regulations. Investors involved in fraud or similar misconduct will not retain eligibility.

If the project fails but the regional center is not terminated or the new commercial enterprise is not debarred, the investor does not retain eligibility under section 203(b)(5)(M) of the INA solely based on the project's failure.

Yes, investors can file Form I-485 concurrently with Form I-526 or I-526E if a visa is immediately available. This applies to both pre- and post-RIA filings, provided all other conditions are met.