Frequently Asked Questions
We’ve compiled a list of Q&As that we believe will be very helpful.Please contact us for a tailored consultation
Employment-Based Visas
No you cannot work, even temporarily on a B-1. A B-1 is only to enable conference attendance or brief business growth opportunities. You should pursue a work visa (L or H visa) for longer work stays
An H-1B visa is a temporary nonimmigrant visa for specialty occupations, while EB visas are immigrant visas that can lead to permanent residency (a Green Card).
The priority date is the date your petition is filed with USCIS. It determines your place in line for an immigrant visa and is crucial in understanding when you may be eligible to apply for a Green Card.
Yes, your spouse and unmarried children under 21 can generally accompany you and obtain derivative visas that allow them to live and sometimes work in the U.S
Processing times vary by category, country of origin, and the current backlog of applications. It can take anywhere from several months to several years
The Visa Bulletin, published monthly by the U.S. Department of State, provides the availability of immigrant visa numbers for different categories and countries. Your priority date must be current according to the Visa Bulletin before you can proceed with your Green Card application.
Concurrent filing allows you to file Form I-485 (Adjustment of Status) at the same time as the I-140 (Immigrant Petition for Alien Worker) if an immigrant visa is immediately available. This is only used in certain employment-based categories that are current
Self-petitioned employment-based pathways to lawful permanent residence (green card) in the U.S. allow individuals to apply for a green card without requiring an employer to sponsor them. Here are the primary self-petitioned employment-based pathways:
EB-1A: Extraordinary Ability
- Description: The EB-1A visa category is for individuals with extraordinary ability in fields such as science, art, education, business, or athletics.
- Eligibility Criteria: The applicant must demonstrate sustained national or international acclaim and recognition in their field. No job offer or labor certification is required. Evidence might include awards, publications, or significant contributions to the field.
- Example: Nobel Prize winners, Olympic athletes, renowned researchers, and artists.
EB-2 National Interest Waiver (NIW)
- Description The EB-2 NIW is for individuals whose work is in the national interest of the United States. Typically, this visa is sought by people working in advanced fields such as sciences, engineering, education, or healthcare, and who can demonstrate that their work has significant merit and national importance.
- Eligibility Criteria: The applicant must prove that:
- The work has substantial intrinsic merit.
- The work benefits the U.S. economy, culture, education, or society in a significant way.
- It is in the national interest to waive the labor certification process (employer sponsorship).
- Examples: Researchers, entrepreneurs, or experts in fields that benefit the U.S. (e.g., energy, public health, technology).
EB-5 Immigrant Investor Program
- Description: While the EB-5 is typically viewed as an investment-based visa rather than a self-petitioned employment-based visa, it allows individuals to self-petition for permanent residence by making a significant investment in a U.S. business that creates jobs for U.S. workers.
- Eligibility Criteria: The applicant must invest at least $1.05 million (or $800,000 in a Targeted Employment Area) in a U.S. business that will create or preserve at least 10 full-time jobs for U.S. workers.
- Examples: Entrepreneurs who invest in U.S. businesses, including their own startups, and create employment opportunities.
An immigrant visa is intended for individuals who plan to live permanently in the U.S., eventually leading to a Green Card, while a nonimmigrant visa is for those who intend to stay temporarily, such as H-1B or L-1 visa holders.
To qualify for an EB-1A visa, you must provide evidence of sustained national or international acclaim in your field, such as awards, publications, membership in associations, or other significant achievements.
Entrepreneurial Visas
Entrepreneurial visas, such as the E-2 Treaty Investor Visa or the EB-5 Immigrant Investor Visa, are designed for foreign nationals who wish to invest or start businesses in the U.S.
The E-2 visa allows individuals from treaty countries to enter and work in the U.S. based on an investment they will control. The investment must be substantial and in an active, non-marginal business.
To be eligible, the applicant must be from a country that has a treaty of commerce and navigation with the U.S., and they must have made a substantial investment in a U.S. enterprise.
The EB-5 visa grants permanent residency (a green card) to individuals who invest a significant amount in a U.S. business that creates or preserves at least 10 full-time jobs for U.S. workers.
Generally, the minimum investment amount is $1.05 million. However, if the business is located in a targeted employment area (TEA), the investment can be as low as $800,000.
The E-2 visa is a non-immigrant visa, so it does not directly lead to permanent residency. However, many E-2 visa holders later transition to another visa category, such as the EB-5, to obtain a green card.
E-2 visas are generally issued for up to five years, though the length of stay may depend on the country of origin. It can be renewed indefinitely, as long as the business continues to operate and the applicant meets the visa conditions.
Yes. Both the E-2 and EB-5 visas allow the entrepreneur to bring their spouse and children under 21. The spouse may be eligible for a work permit, and the children can attend school but cannot work.
TEAs are areas with high unemployment rates or rural areas, where the minimum investment threshold for an EB-5 visa is reduced. These areas are designated to encourage investments in economically depressed regions.
E-2 visa holders are generally restricted to working for the business they invested in. EB-5 investors, once they receive their green card, can work in any capacity, including outside of their investment.
Family Based Visas
Family-based immigration allows U.S. citizens and lawful permanent residents (green card holders) to sponsor certain family members to immigrate to the United States. The process involves filing a petition to demonstrate the family relationship.
- U.S. citizens can sponsor their spouse, children (married and unmarried), parents, and siblings.
- Green card holders can sponsor their spouse and unmarried children (regardless of age).
Immediate relatives of U.S. citizens include:
- Spouse
- Unmarried children under the age of 21
- Parents (if the U.S. citizen is at least 21 years old)
There is no limit on the number of visas available each year for immediate relatives.
For relatives not classified as immediate relatives, family-based immigration falls under the family preference categories:
- F1: Unmarried sons and daughters (21 or older) of U.S. citizens
- F2A: Spouses and unmarried children (under 21) of green card holders
- F2B: Unmarried sons and daughters (21 or older) of green card holders
- F3: Married sons and daughters of U.S. citizens
- F4: Brothers and sisters of U.S. citizens
Yes, while there is no cap on visas for immediate relatives, family preference categories are subject to annual numerical limits. These limits can lead to significant wait times for certain categories.
Processing times depend on the relationship, visa category, and the applicant’s country of origin. Immediate relatives may have relatively quick processing, whereas some family preference categories, such as F4 (siblings of U.S. citizens), can take several years or even decades.
The I-130 is a petition filed by a U.S. citizen or green card holder to establish a qualifying family relationship with the intending immigrant. It’s the first step in the process, but it does not grant any immigration benefits by itself.
Yes. U.S. citizens can file a **K-1 fiancé(e) visa** petition to bring their fiancé(e) to the U.S. for the purpose of marriage. The couple must marry within 90 days of the fiancé(e) entering the U.S., and then the foreign national can apply for a green card.
The Affidavit of Support (Form I-864) is a legal document required in most family-based immigration cases. The sponsor must demonstrate that they have sufficient financial means to support the intending immigrant and prevent them from becoming a public charge.
It depends. If the green card was obtained through marriage, and the marriage was less than two years old at the time of the green card issuance, the immigrant will receive conditional permanent resident status. They must file to remove the conditions (Form I-751) and prove that the marriage was genuine. If the divorce happens before conditions are removed, the immigrant can still apply to remove conditions based on hardship or other grounds.
Adjustment of Status (AOS)
Adjustment of Status (AOS) is the process that allows eligible individuals in the U.S. to apply for permanent residency (a green card) without having to leave the country. This process is filed through Form I-485
Individuals eligible for AOS include:
- Immediate relatives of U.S. citizens (spouses, unmarried children under 21, and parents).
- Beneficiaries of family-based, employment-based, or humanitarian petitions.
- Diversity visa lottery winners.
- Individuals with asylum or refugee status
Adjustment of Status is for individuals already in the U.S., allowing them to change their immigration status to permanent resident without leaving the country.
Consular Processing, on the other hand, is for those outside the U.S., who must apply for a green card through a U.S. embassy or consulate in their home country.
Yes, applicants can apply for an Employment Authorization Document (EAD) or work permit, using Form I-765, which may be filed concurrently with the Adjustment of Status. This allows them to work legally in the U.S. while waiting for their AOS application to be processed.
Applicants can apply for Advance Parole (Form I-131), which allows them to travel outside the U.S. while their AOS application is pending. Leaving the U.S. without advance parole may result in the abandonment of the AOS application.
The processing time for AOS varies depending on factors such as the applicant’s immigration category, USCIS workload, and the location of the applicant. It can take anywhere from several months to over a year.
The AOS interview typically involves a USCIS officer reviewing the applicant's eligibility for a green card. The officer may ask questions about the information in the application, verify the relationship with the petitioner (if applicable), and check the applicant’s documentation.
Key documents for AOS include:
- Form I-485 (Application for Adjustment of Status).
- A copy of the applicant's I-94 (arrival/departure record).
- Passport-style photos.
- Proof of lawful entry into the U.S.
- Medical examination report (Form I-693).
- Affidavit of support (if applicable- for family based cases).
- Proof of qualifying relationship (marriage certificate, birth certificate, etc.).
Yes, there are several reasons why an AOS application may be denied, including:
- Ineligibility for adjustment (e.g., entering the U.S. unlawfully or overstaying a visa in some cases).
- Criminal history.
- Misrepresentation or fraud in the application.
- Public charge concerns (if the applicant is deemed likely to rely on government assistance).
Once the AOS is approved, the applicant will become a lawful permanent resident (green card holder). They will receive their green card in the mail. As a permanent resident, they can live and work permanently in the U.S. and travel internationally with fewer restrictions.
Let me know if you'd like more information on any of these aspects related to the adjustment of status process!
Immigration Consular Processing
Form DS-260 is an online visa application that must be completed and submitted through the National Visa Center’s website. Form DS-260 (Immigrant Visa and Alien Registration Application) is the first step in immigrant consular processing to become a permanent resident (green card holder) of the United States.
The NVC is a branch of the U.S. Department of State. It is charged with processing all permanent resident (green card) applications submitted by foreign nationals applying for an immigrant visa through their local U.S. Embassy or Consulate. The NVC is based in Portsmouth, New Hampshire.
No, unlike USCIS officers, consular officers cannot refuse to issue an immigrant visa based on discretion. The consular officer must have specific, factual evidence for denying an application.
Consular cases that are denied are generally not subject to review, they are final. A formal interview with a consular officer is a necessary step prior to the issuance of a green card.
There is a $345 processing fee for filing Form DS-260.
Yes, U.S. immigration law mandates that foreign national who applies for an immigrant visa must undergo a medical examination to determine whether he or she poses a risk to the public health of the United States.
In your NVC interview letter, you will be instructed to undergo an immigration exam and complete Form I-693 (Report of Medical Examination and Vaccination. Please contact our attorneys to determine the best time to complete the medical exam because they do have certain validity period.
Although there is no fee associated with Form I-693, you are responsible for paying for your I-693 medical exam (these fees vary depending on doctor and location). NVC will instruct you to bring your completed I-693 form with you to your immigration interview.
