FAQ

How long it takes to get permanent residence through marriage?

If you are living in the United States and are married to a United States citizen, then the process for obtaining permanent residence may take between six and twelve months. The application will require submitting a package to USCIS, which consists of the Form I-130 and Form I-485. You will also need to submit Form I-693, which must contain the information from the medical examination of the foreign spouse, and the Form I-864, to provide evidence that the United States citizen is able to financially support the foreign spouse. Additional forms that could be presented are Form I-131 and Form I-765. The forms are filed for the purpose of granting the spouse a permit to travel internationally and an employment authorization.

Can I sponsor my spouse for a green card after I become a green card holder?

Yes, a permanent legal resident (“green card” holder), can sponsor his/her spouse, minor children and single children (including children that are over 21 years old) for a green card. A green card holder can do it under second preference family-based visa category. The first step is to file the Form I-130.

How to maintain permanent residence (Green Card) once you get it?

One of the most common ways to lose permanent residence is staying outside of the United States for a significantly long period of time. Having been out of the United States for over six months may raise questions when you return. However, you will generally be considered to have abandoned residence in the United States if you are outside of the United States for 1 year or longer. If you know that you might be going outside the United States for 1 year or more, then you should get a Re-entry Permit.
A Re-entry Permit is a document that may be provided by USCIS to green card holders who need to travel outside of the United States for a significantly long period of time, but who plan to return to the United States to retake their residence. Re-entry Permits can be provided for up to 24 months each. However, a Re-entry Permit will not maintain the residency for the purposes of Naturalization.
If you do not get the document before leaving the United States, then you could face problems when you re-enter the country. However, although more difficult, it may still be possible to preserve your permanent residence.

How long does it take to obtain an H-1B under premium processing?

USCIS is obligated to make a decision on the H-1B application in 15 days or less of receiving of the request for premium-processing. When premium processing is requested, USCIS communicates with the employer by email (as well as by regular mail). For instance, the employer will receive an email notifying it that the application has been received. The employer will also be notified of a Request for Evidence, and whether ithe application has been approved or denied.

What is EB-2 National Interest Waiver for Green Card?

The National Interest Waiver (NIW) EB-2 is a subset of employment-based immigrant visa (EB-2).
The general category EB-2 requires a sponsoring employer to go through a process of labor certification that is used to make sure that no American workers are able and willing to take that position.
However, using the EB-2 NIW, the foreigner asks for a waiver from labor certification process by establishing that to do so is in the “national interest” of the United States to grant him/her a green card. Thus, for a NIW EB-2 application, neither labor certification nor employer sponsorship is required. These are the primary benefits of applying using NIW EB-2 category.
Applying using EB-2 NIW does not waive the core entry requirements of EB-2 visa. These requirements include, for example, that the foreigner must have a degree or equivalent professional experience or extraordinary ability in business, science, or arts. If the these entry requirements are satisfied, then the foreign national must prove that their work is of “national interest”.
It should also be noted that the priority dates of EB-2 visa category also apply to the NIW EB-2 category.

Can I leave the US while my I-485 is pending?

You will need the Advance Parole (AP) document to enter the United States after an absence, if you do not have an appropriate visa. You must obtain the Advance Parole before leaving the United States. If you do not obtain the AP, you may not be permitted to re-enter. Also, your I-485 application may be abandoned, if you leave the United States without first obtaining the AP.

How can a startup company apply for a J-1 Visa for an intern?

In order to have a J-1 intern, the first step for a company is to find an organization sponsoring J1 visas. You will work together with the sponsoring organization to obtain  the visa. The application for the visa and corresponding documents must be sent for review and approval by the sponsoring organization. Once the documents are approved, the organization will send all required documentation for the intern’s J-1 visa. The intern will be required to obtain the J-1 visa at nearby U.S. consulate.

This process is not always easy for startup companies. If the company is new or very small or does not have enough funds or earnings, then you may be unable to get a J-1 visa for the intern. You will most likely get a visit from the sponsoring organization. You may want to speak to several organizations sponsoring J-1 visas in order to see if J-1 visa might be an option to consider. Due to some instances of abuse in J-1 visa program, some sponsoring organizations have adopted stricter requirements than they had before.

Can foreign investors invest money in U.S. startup for E-2 visa?

Yes, investors are permitted to invest money in U.S. startup for E-2 visa. However, over 50% of the startup company must belong to foreign citizens and/or entities. If you received money from US investors and they own more than fifty percent of the company, then you wouldn’t meet the requirements for the visa.

Can I attend college in the United States while on an H-1B visa?

Holders of H-1B visa are allowed to take courses in the United States. However, please note that the main purpose of your presence in the United States should be H-1B employment. You must remain working for the H-1B employer. If you do not wish to continue working on your H-1B job, then you may change the status of your visa to an F-1 visa. This visa will allow you (and require) to study full-time.

Is there a fast way for a foreigner to get US citizenship?

One way to become a U.S. citizen is through marriage to another U.S. citizen. A spouse of a U.S. citizen may apply for citizenship after three years of obtaining a green card, which is faster than the five years that is normally required for green card holders.

Can I start a company in the United States as a H1B visa holder?

USCIS appears to have the position H1B visa holders may not work for a company in were they have a majority ownership interest. The rationale of the USCIS to deny the cases is that the required relationship between employer and employee does not exist because there is no separate person hiring or supervising the employee (no person that controls or manages work of H1B visa holder). If you really want to work in your own company, there are other options available. However, doing so as a H1B visa holder will possibly prove unsuccessful.

Can my company sponsor an H1B visa?

It is likely that a company (big or small) will be allowed to get an approval for H1B, as long as it complies with all the requirements. In general, smaller companies must submit extra documentation showing that they are financially sound and legitimate companies that are able to pay the potential H1B visa employee. It is important to see the totality of the circumstances and present evidence according to the case.

How can the spouse of an H1B visa worker obtain a work permit?

The spouse of an H1B visa holder may enter the country using H4 visa, but is not permitted to work. The spouse may volunteer for a traditional volunteer position, such as for a charitable or religious organization. However, people having H4 visa can not volunteer for positions that are typically paid. H4 visa holder may be permitted to study in the United States. However, if you plan to work, you can see if you meet the requirements for an H-1B visa.

How to get H1B Visa stamp?

The H1B visa stamp permits you to enter the United States as a H1B visa holder. If you received H1B visa while you were in the United States, you will need to get H1B visa stamp to re-enter the United States. To get the visa stamp, you will need to have an appointment at the US consulate in your home country. You must complete and take with you to the appointment your complete H1B application package.

How long can it take for H1B holder to transfer to another job?

A holder of a H1B visa can transfer to another employer if he/she has a legal status. The procedures for an H1B transfer are the same as for submitting a new H1B request. Therefore, it may take as much time. However, to start working for tour new employer, you don’t need to wait for approval of the transfer application. You can start working at the new job as soon as you file the H1B transfer request. You may want to wait until you get notification the notification from the USCIS of receipt of the transfer request before you start working for your new employer.

What visa can be used for an internship in the United States?

For internships and temporary jobs, whether they are paid or not, you may be able to use H3 visa (the visa for temporary trainee).

How easy is it to get an E3 visa without having a degree?

You would need to have 12 years or more experience related to the industry.You will need to have your work experience evaluated by independent experts to make sure that it is equivalent to a bachelor’s degree. You will need to show that you have 12 or more years of relevant experience. The evaluation will need to be enclosed with your E3 application and sent to USCIS.

Is it possible for an owner of a company to apply for E1 visa?

The answer is yes, you may apply for yourself for E1 visa. E1 visa is one of the visas that lets foreign nationals to start their business in the United States.

At the same time, the E1 visa has a number of requirements and you need to make sure all of them are satisfied.

How can a company expedite the visa application for an employee?

The process is often slowed down because the initial visa application was incomplete or not properly completed. In order to expedite a visa application it’s important to start by building a comprehensive package of documents. The main obstacle is to prepare the application package correctly. It will make the process go smoothly and potentially eliminate the need for Additional Test Requests. You may also be able to make the processing go faster by ordering the Premium Processing Service from USCIS, which is in addition to the regular processing fee. You may also have other visa options that are less costly and time consuming.

Can a B-1/B-2 visa holder study in the U.S.?

B-1/B-2 visa holders are generally are not permitted to go to school in the United States. In order to be able to study in the United States, B-1 / B-2 visa holders must apply to change status. Potential options include F-1 visa and M-1 visa. However, there are a few exceptions. Minor children may be able to attend school when they come to the United States with a parent, but only while the parent is authorized to be in the United States. Holders of B-1 / B-2 visa may also pursue studies that are non-professional of casual.

How can I apply to change my status to another visa category if I have B-1 visa?

A person may do so by submitting a request to USCIS to change status to another nonimmigrant visa or to adjust status to permanent residence. It might be preferable to submit the request after 61 days of your entry to the United States. The reason is that when a B-1 visa holder enters the United States, USCIS applies what is known as 30/60 day rule to the requests.

If the request is made within 30 days of arrival, USCIS will presume bad faith. It will be presumed that the person intended to make the change upon entering the United States and that the person did not intend to merely come as a visitor. If the application is received after 30 days, but before 60 days of the entry, the application will be carefully scrutinized. However, USCIS will presume that the person was acting in good faith if the request is made after 60 days. The same rule is applied to B-2 visa holders.

What is a Diversity Visa Lottery program?

It is a program created by Congress that provides 50,000 visas per year to foreign nationals that are selected from a pool of applicants. The people that want to participate in the lottery must satisfy a number of requirements and be nationals of the countries with low immigration to the United States.

How to revoke an affidavit of support?

You may withdraw the affidavit of sponsorship by sending a letter to the particular USCIS office that is currently working on the package, if the application has not been approved yet.  However, it is more difficult to do if the application has already been approved. Under some circumstances, it may still be possible, for example, if the person leaves the United States permanently or becomes a U.S. Citizen.

How can an entrepreneur come to the United States and start a company?

Here are some options to check. First option is L-1 visa. The visa allows a foreign company to create an office in the United States. However, the office must be connected with the company (for example, being an affiliate or subsidiary), and the applicant is required have worked in an executive capacity, managerial capacity or as an employee possessing specialized knowledge of the company and having worked for the company no less than a year during the most recent three years. If granted, the L-1 visa is good for one year only, so the person having an L-1 visa must apply to extend the visa. The main benefits of L-1 visa are that it has no minimum educational requirements and that its holders can later qualify for the category EB-1 to obtain a permanent residence. At the same time, all L-1 requests for new offices must include evidence proving the company’s financial viability and evidence of sufficient office space for the company.

Another option is the E-2 visa. The visa of this type also allows foreigners to start a  company in the United States. However, it only applies to citizens of countries that have an the visa treaty with the U.S. Many countries in South America and the European Union are treaty countries. If a foreign national is a citizen of the treaty country, then E-2 he/she must make a “substantial” investment in the United States. The investor is also required to own no less than fifty percent of the startup company. The upside of E-2 visa is that the investor may be able to remain in the U.S. indefinitely. However, the visa holders are not allowed to seek permanent residence in the U.S, unlike L-1 visa holders.
Third option is H-1B visa. It is often used by US companies to hire skilled foreign workers. It is also used by foreigners to create startups in the United States in some cases. The startup must demonstrate its financial viability in order to sponsor H-1B visa.
These options provide a general outline of the options available for foreign nationals to come to the U.S. and start a company. You should remember that each option has its advantages and disadvantages, but it is a good starting point.

Is it easier for foreign students living in the United States to start a company than for H1B workers?

If an international student obtains a work permit for Optional Practical Training (OPT) after graduation, it can be easier for the student to start a company in the U.S. than for a h older of H1B visa because those who have an OPT are allowed to start their own companies. The process to obtain OPT is relatively easy and OPT holders are not limited by numerous USCIS Department of Labor standards that apply to holders of H1B visa. It is more difficult for a holder of H1B visa to start a company in the U.S.

Is it difficult to get an EB1 for a researcher working for a small business?

EB1 cases are very hard to win because the standard for the visa is very high, However, it is certainly possible with sufficient documentation and legal assistance. EB1 visas are used for the most able and professional people in their fields. EB1 visas are attractive because no labor certification process, which is long and expensive, is required for them. There are three kinds of EB1 with various requirements.

What are the sections of the test administered to people applying for U.S. Citizenship?

The naturalization test has two main components: civic and English. The civic questions are used to test your knowledge of the government history and of the United States. The English questions test the ability to understand English.