No, you cannot adjust your status through your employer, except you are eligible for protection under 245(i).

Adjustment of status is the process to apply for lawful permanent resident status (also known as applying for a Green Card) when you are present in the United States. This means that you may get a Green Card without having to return to your home country to complete visa processing.

An adjustment of status is the process that you can use to apply for lawful permanent resident status when you aresomeone physically present in the United States. It is a change in the foreign national’s applicant immigration status.

An immigranttion petition is required when a foreign national wants to apply for an adjustment of status. It ascertain asks for determination that the applicant qualifies as an immigrant under a specific category and preference category, which is important because in most categories there is a limited contingent for foreign nationals becoming permanent residents.

An adjustment of status is the second step after an approved immigrant petition. Only an approved adjustment of status application (or processing through a consulate) grants permanent residence. An approved immigrant petition only determines that a foreign national qualifies under a specific category and preference.

If a visa number is available at the time of filing, the immigrant petition and adjustment of status can be filed at the same time.

Each move and change of address has to be submitted to USCIS to ensure exactly that you will receive important notice. If you retained a lawyer, the lawyer will also receive your case documents.

Yes, USCIS service centers accept personal checks.

Processing times vary between family and employment-based cases as well as the immigration category. Family-based adjustments can take from six months to three or four years. Employment-based adjustments can take from six months to two years (or more).

You can call or write to USCIS for a status inquiry. The contact information is listed on the bottom of your receipt notice on the left.

In case your adjustment application was denied and the denial was not justified, you can ask the adjudicating officer to reverse his decision or you can file an appeal.

If you are in a nonimmigrant status allowing employment or if obtained an employment authorization document (EAD). AOS applicants are able to apply for an EAD and the I-485 simultaneously or at any point during the period when an AOS petition is pending. When the EAD is approved, work is allowed as long as the AOS is pending.

You are always allowed to leave, the question is, can you come back… AOS applicants can apply for advance parole, commonly referred to as travel permit. Once you have an approved advance parole travel permit, you can leave and come back. Applicants can file I-485 simultaneously or at any point during the period when an AOS petition is pending. When the advance parole is approved, leaving and entering the U.S. is allowed as long as the AOS is pending. If you leave without having an approved advance parole, and unless you are in a status like H or L, L status, leaving the US can result in USCIS determining that you abandoned your AOS application.

Processing currently takes around four to six months.

An affidavit of Support is a promise of the sponsor of the AOS petitioner to provide financial support to the foreign national beneficiary in case the foreign national is not able (anymore) to support him or herself. It should avoid foreign nationals becoming financial burdens or public charges at the expense of the U.S. when they receive status of permanent resident.

For a family-based adjustment, the person who signs an I-864 is required to be a U.S. citizen or permanent resident. In case of an employment-based adjustment this is not necessary.

No, you do not need a sponsor if you have enough money to support yourself.

The relative who filed the immigration petition is required to sign an affidavit of support. If his or her income is not enough to support you, you can get a co- or joint sponsor.

The person who filed the Form I-130 is always required to sign an affidavit of support to sponsor you no matter how much money you earn or have.

The U.S. Department of Health and Human Services (DHS) publishes federal poverty guidelines every year.

It can be one of the factors which can prevent you from getting a green card. The USCIS makes a determination on whetherif a foreign national will be a public charge when adjudicating the AOS application. Public charge is a foreign national who cannot support her- or himself anymore and who is likely to become dependent on the government for subsistence.

A foreign national has to be present in the United States to apply for an adjustment of status. The foreign national abroad can only choose consular processing.

Yes, he can choose one of both options.

There are differences in time of processing, application fees, locations where each process occurs, application components, and benefits while the application is pending.

No, you do not need a criminal record certificate. It is a record of a foreign national’s criminal background.

A conviction for the DWI on your record may bar you from adjustment. Please contact us to help you in this case.

A derivative beneficiary is a spouse or unmarried children under the age of 21 of the principal beneficiary of an approved immigration petition. He or she may apply for an immigrant visa or adjust status if the principal beneficiary is eligible to apply.

Yes, you can apply for an adjustment of status if you entered the United States legally.

You are able to adjust your status, if you are qualified for the benefits of Section 245 (i) of the immigration and Nationality Act (INA).

Form I-130 and I-485 can be filed in immediate relative cases and in some employment based applications.

In order to adjust status, foreign nationals have to be present in the United States. A freign national resides overseas has to go through consular processing for an immigrant visa at a U.S. embassy or consulate in the home country or country of residence.

Your adjustment of status petition will be refused as long as you are not obtaining a permanent or conditional green card before you will be divorced.

Yes, if your marriage was not a “sham” marriage.

There is no advantage in waiting until the next year. You can file the I-130 now and as a citizen you can get an upgrade on your I-130.

You can apply for an adjustment of status if you are physically present in the US and an immigrant visa is immediately available. For some categories, there is a bug wait.

You might want to consider extending your H-1B in light of one possible outcome: your adjustment application is denied.

An employment-based petition does not require the employee to work for the petitioning employer until obtaining permanent resident status. The applicant is only required to work for the petitioning employer for a “reasonable” period. There are some exceptions for foreign nationals in H1-B status. If the current employer differs from the employer sponsoring the green card, H1-B holders should wait 180 days after filing the AOS application.

No, you cannot adjust your status through your employer, except you are eligible for protection under 245(i).

Yes, you can apply for and adjustment of status.

Yes, you have to answer every question truthfully.

While an adjustment of status petition is pending it is always wise to keep a detached legal status. In case of a denial of the adjustment of status application, you would remain in valid H-1B status. Otherwise you would lose legal status.

If you returned to the U.S. using your advance parole instead of an H-1B visa, you would lose your H-1B status.

Yes. Employment authorization documents (EADs), or work permits, allow you to work for any employer. Note that if you use your EAD to work, however, you will lose your H-1B status.

• The adoption has to occur before the child’s 16th birthday
• The future parents have to reside with the child for two years
• The future parents have to have custody over the child for two years
• The adoption must be finalized

You have to file an immigration petition and request that the USCIS inform a U.S. Consulate in the country of the child’s residence. You will receive ”Packet 3” from the National Visa Center, if the immigration petition is accepted. When all required documents and forms are completed, your child has to apply for an immigrant visa at the U.S. Consulate in her home country. Once approved, the child becomes a permanent resident when entering the U.S. on an immigrant visa.

If the child is over age of 18, he or she has to apply on his own. If not, filing a request for Certificate of Citizenship on Behalf of Adopted Child (Form N-643) is possible.

Yes, if the child is now under the age of 18. You may file a Form N-643 (Request for Certificate of Citizenship on Behalf of Adopted Child) on behalf of the child. If the child is over 18, he has to apply for naturalization on his own behalf.

Yes. She may be included in your naturalization petition as a derivative beneficiary by filing Form N-400.

A married U.S. citizen and his or her spouse may file a petition for the adoption of an orphan. An unmarried U.S. citizen over the age of 25 can also file a petition for an orphan’s adoption.

A U.S. citizen can apply for advance processing (form I-600 A) before finding an orphan to adopt.

An adopted orphan will automatically gain citizenship on the date he or she enters the United States and automatically receive a Certificate of Citizenship.

A Convention country is a country that is a party to or member of the Hague Adoption Convention on Intercountry Adoption along with the United States and where the convention has entered into force. Sometimes they are called “Hague Country”. Convention Countries are Germany, Austria and Mexico, just to name a few. An entire list can be found on the Department of State website .

Advance Parole allows you to re-enter the United States after traveling abroad without an immigrant visa or non-immigrant visa. You must be approved for Advance Parole before leaving the United States. If you have not obtained Advance Parole prior to traveling abroad, you will not be permitted to re-enter the United States upon your return unless you have a valid visa.

Foreign nationals in the United States who wish to travel abroad and have:

• An application for adjustment of status pending
• Been admitted as a refugee or have been granted asylum
• Been granted benefits under the Family Unity Program
• Been granted Temporary Protected Status
• A pending asylum application pending

No. As long as you are in valid H-1B status before leaving the US, you can apply for an H-1B visa when you re-enter the country.

We suggest applying for Advance Parole and getting it before you travel abroad to ensure that you can re-enter the U.S. You should take your Advance Parole with you, but try to apply for your H-1B visa first. Your Advance Parole will serve as an assurance, if your H-1B visa application is denied.

You are in parolee status. If you continue working for the same H-1B or L-1 employer, you are still allowed to work under H-1B and L-1 and apply for an extension or transfer of H-1B or L-1 status. However, if, after being paroled by using and advanced parole document, you can work for your current employer with your EAD or change employers with your EAD, you will no longer have a valid H-1B or L-1 non-immigrant status, even though you can still lawfully stay in the U.S. during the I-485 pending period.

No, similar to a visa to the U.S., Advance Parole, does not guarantee admission into the United States.

Yes, it relates to foreign nationals who are in the process of adjusting their status or changing their non-immigrant status. As a consequence they can be considered inadmissible upon return to the U.S. or their AOS or change of status can be denied.

It usually takes about four to six months to process an Advance Parole application.

The advance parole document is valid for up to one year. A foreign national is allowed to enter the the U.S. numerous times during that period. The document can be renewed if the new application is filed 120 days before the expiration date of the first advance parole document.

An Advanced Parole Approval is issued to a foreign national without permanent resident status. A Re-entry Permit is only given to permanent residents of the United States. An Advanced Parole Approval is a single piece of paper with the foreign national’s photo that works like a visa and is valid for one year. A Re-entry Permit looks and functions like a passport and is valid for two years.

AP is limited to one year starting from the date the advance parole is issued.

Asylum is granted to foreign nationals who are persecuted in their home country and can provide legal status. Its benefits are the right to remain in the United States, to work in the U.S., to bring family members to the United States from their home country, and to apply for permanent residency. Withholding of Removal prevents being removed to a country where one would be probably persecuted, but does not grant legal status. Withholding of Removal allows to work in the United States as long as the foreign national is protected from removal. In certain circumstances a person can be denied Asylum but granted Withholding of Removal, such as discretionary denial of asylum that does not apply to Withholding of Removal and certain bars to asylum that do not apply to Withholding of Removal.

You have to prove that you have been persecuted or that you have a reasonable fear of persecution because of race, religion, political opinion, nationality or membership in a certain social group in your home country. A well-founded fear means that a reasonable person in your situation would fear persecution in the certain country.

You have to prove that there is a high probability that you will be persecuted because of race, religion, nationality, political opinion or membership in a certain social group in your home country.

• Commission of particularly serious crime while in the U.S.
• Commission of a serious non-political crime in another country before entering the U.S.
• Participation in persecution of others
• Terrorism
• If there is reasonable grounds for regarding the applicant as a danger to the security of the U.S.

All of these bars also apply to Asylum cases. There are no exceptions to these bars

It is very important not to miss your interview. If you have to miss your interview, you should notify the office where your interview is scheduled by mail as soon as possible. You should ask to have your interview rescheduled., USCIS will administratively close your case, if you miss your interview without giving notification. Your application will be denied, if you do not contact USCIS to reschedule the interview within one year. USCIS will not inform you if your case will be closed because you missed the interview.

No, only U.S. citizens are allowed to vote in U.S. elections.

• Lawful permanent residency
• Attainment of the age of 18
• Accumulative presence and physical presence in the U.S. for a specified period of time depending on the type of application
• Knowledge of U.S history and government
• Proficiency in English
• Good Moral Character

The naturalization applicant has to confess his or her loyalty to the United States and the Constitution. Once the applicant is sworn in, he or she receives a Certificate of Naturalization.

You become a citizen at the time you take the Oath of Allegiance to the U.S at a U.S. federal district court. Sometimes it takes place at the USCIS local office. In some States it is possible to take the Oath of Allegiance at the same day as your interview. If you prefer a later date or if this alternative is not available, USCIS will inform you of the date with a “Notice of Naturalization Oath Ceremony” (Form N-445).

You should return the “Notice of Naturalization Oath Ceremony” that was sent to you by USCIS and a letter explaining the reason why you have to miss the ceremony. The Oath Ceremony will be rescheduled and your local office will submit a new “Notice of Naturalization Oath Ceremony” (Form N-445).

It can take anywhere from 6 months to 2 years. The period varies from one local office to another, but USCIS is modernizing and improving the naturalization process.

Depending on why the application was denied, you can re-apply. You will have to complete and resubmit a new N-400 and pay the fee again. You will also need to have your fingerprints and photographs taken again. If your application is denied, the denial letter should indicate the date you may reapply for citizenship. If you are denied because you failed the English or civics test, you may reapply for naturalization as soon as you want. You should reapply whenever you believe you have learned enough English or civics to pass the relevant test.

Naturalization applicants have to answer questions randomly picked from the 100 standard questions to test applicants for naturalization.

Lawful permanent residence status authorizes a foreign national to live and work lawfully within the United States, but a lawful permanent resident cannot vote in U.S. elections, travel outside the U.S. for an extended period of time, and cannot reside outside the United States. A lawful permanent resident’s status can be canceled if the person commits certain crime. In contrast, U.S. citizenship authorizes a person to vote, travel for extended periods of time outside the United States and reside in another country. A U.S. citizen will remain so for his or her life.

Citizenship is granted by birth, from being born within the U.S. or being born outside the country to U.S. citizens. Naturalization is the process wherein a person who is born abroad acquires citizenship and nationality. A naturalized citizen has the same rights and benefits a natural born citizen has.

A legal permanent resident does not have to become a citizen and is allowed to reside in the U.S. for an unlimited period of time. However, obtaining citizenship brings several benefits. A citizen can vote, exit and enter the country without any restrictions and is allowed to petition for the admission of foreign national relatives to the U.S.

It depends on your marital status, if you are married to a U.S. citizen, you have to wait 2 years and 9 months. If you are not married to a U.S. citizen, you have to wait 4 years and 9 months before applying.

You are allowed to file the naturalization application up to three months before you will meet the residency requirements.

It depends on the duration of your absences. Absences of six months or more interrupt the required period of consecutive months of residence for naturalization. You can rebut the assumption that a break of the continuity of residence has occurred if the absence was more than six but less than twelve months. It is possible to make arrangements to avoid breaking continuity depending on your individual situation.

You failed to meet the consecutive residence requirement because of the duration of your absence for more than six months. However if you have been away for less than twelve months, you can rebut the assumption of the discontinuity by a reasonable cause

If you are married to a U.S. citizen, you must be a permanent resident for three years before becoming a citizen through naturalization.

No, you have to be physically present in the U.S for half of the time you are required to reside in the U.S. If you are married to a U.S. citizen, you have to physically reside within the U.S. for eighteen months. If you are not married to a U.S. citizen physically presence of thirty months will be required.

You must be capable of reading, writing and speaking ordinry English determined by a test executed by an immigration examiner unless

• You are fifty years old and lived in the U.S. as a permanent resident for twenty years or
• You are fifty-five years old and lived in the U.S. as a permanent resident for 15 years at the time of filing

You have to complete a multiple-choice test that considers your knowledge of the fundamentals of U.S. government and history. The test questions are picked randomly from 100 questions.

Yes. Those who have a disability impairing their ability to satisfy this requirement are exempt. Those who are exempt for the English proficiency requirement can be given an exam in modified form and in the language of their choice.

It depends on the type of conviction, the sentence received, the restitution amount and previous convictions. In case you have been convicted, please contact us for an assessment of risks.

Yes, you should reveal all matters concerning arrests, convictions and crimes you have committed, even if you were not arrested or convicted. USCIS can deny your application if you do not inform them about a minor crime.

There is an exemption from the consecutive residence requirement for foreign nationals who are married to a U.S. citizen who is assigned outside the country by the U.S. employer. In this case, the foreign national only has to fulfill the presence and residence requirements at the time of naturalization. Additionally, the applicant has to ensure his or her intention to reside outside the U.S. with the spouse until the naturalization process is completed and to reside within the United States upon completion of the spouse’s assignment. You can can immediately apply for citizenship after obtaining the green card, if these requirements are met. You do not have to wait the regular period of three or five years after becoming a permanent resident.

If you are a U.S. citizen’s child, you must be a citizen at birth. If you do not meet the requirements but are under eighteen and meet other qualifications, your citizen parent can apply for your expedited naturalization. It is an expedited process because there are no residency and presence requirements.

Minor children who are permanent residents can be naturalized derivatively with their parents and do not need to file a separate application.

If you served in the U.S. military for three years or more and are a lawful permanent resident, you are exempt from the residence requirements as long as an application for naturalization is filed and you still serve in the U.S. Military or are within six months of your honorable discharge.

If you are abroad for more than six months, there is a break in continuity of residence in the U.S. Precautions can be taken to safeguard continuity of residence if you qualifie under the requirements, if you plan to be outside the United States for more than twelve months.

You will be tested of your english proficiency and knowledge of U.S. history and whether you qualifie for all other naturalization requirements.

Consular processing is the process by which the beneficiary of an immigration petition applies for an immigrant visa with the National Visa Center (NVC) and a U.S. embassy or consulate.

Consular processing begins once the immigration petition is approved by USCIS, and a visa number is available.

Foreign nationals residing abroad need consular processing. Foreign nationals residing within the U.S. under some status can apply for an adjustment of status or undergo consular processing in their country of residence.

Applicants complete the process between five and thirteen months on average, once an immigrant visa number is available.

If the foreign national checked off consular processing in his immigration petition, USCIS sends an approved immigrant petition (Form I-797, Notice of Action) to the National Visa Center (NVC). Otherwise the foreign national must file Form I-824 to request consular processing.

NVC then sends an email when immigrant visa processing fees and supporting documentaion have to be submitted.

The application will be processed by NVC.

NVC informs the U.S. Department of State (DOS) Visa Office of the completed application and inquires issuing visa numbers for the foreign national and his or her qualifying family members.

The executing consular office schedules an immigrant visa processing appointment, in which the forein national and any family members have to participate.

Consular processing occurs in the country of the applicant’s permanent residence or home country.

No, you can only choose one option.

No, only AOS applicants are allowed to benefit from the advantages like work permits and advance parole.

A foreign national has to be present in the United States to apply for an adjustment of status. The foreign national abroad can only choose consular processing.

Yes, he can choose one of both options.

The primary advantage is that the application will be processed quickly, on average between 5 and 13 months. The application fees are also lower than the adjustment fees.

There are differences in time of processing, application fees, locations where each process occurs, application components, and benefits while the application is pending.

Employment Authorization Document (EAD) is a document, typically a card, that permits a foreign national to work in the United States for a specific period of time, typically one year.

The process takes about six months.

You can call or check online at www.uscis.gov.

The EAD is typically valid for one year, afterwards the EAD has to be renewed. You should apply for the renewal six months before the expiration date of your current EAD.

You can get a replacement EAD.

You have to provide your EAD application before the completion of all course requirements for your degree or before the completion of your course of study pursuant to SEVIS rule. Please contact the international student office at your school if you have any questions. Concerning the deadline, different schools can have different requirements.

You can only keep your F-1 status if you don’t use the EAD to work. If you use the EAD, you will lose F-1 status and you will be in I-485 pending status. As a result, if your I-485 application is denied prior to the completion of your studies, you are not allowed to stay within the country to finish your program.

No, you do not need to apply for EAD. As long as you are in valid H-1B status, you are allowed to work for your sponsoring employer.

As an H-1B holder, you are permitted to work for your H-1B sponsoring employer in your H-1B status. You will lose H-1B status once you use EAD to work for your current or any other employer and you would be in I-485 pending status. If your I-485 application is denied, you are no longer authorized to stay in the United States as an H-1B holder and will have to leave the country.

You can work for your current H-1B employer without using your EAD to preserve your H-1B status. If necessary, your current employer can apply for an extension of your H-1B status. If you will use your EAD to work for your sponsoring or any other employer, you will lose H-1B status and you will be in pending I-485 status.

Foreign nationals who apply for an NIW petition have to show evidence of high qualification in their fields, being an “Advanced Degree Professional” or “Foreign National of Exceptional Ability” and have to provide that they possess the ability to serve the national interests of the U.S. to a greater degree than could other highly qualified individuals in the field. Waiving the standard job offer and labor certification requirements would be guaranteed. For the EB-1, the applicant has to demonstrate that he or she is a worker of extraordinary ability in his or her field of expertise. An outstanding individual is not required to obtain labor certification to receive employment-based permanent residency.

Yes, you are allowed to change your job as long as you stay within your field of expertise. EB-1(a) petitions are self-petitions and do not require an employment and an employer’s sponsorship.

Yes, some of our clients file two I-140 petitions simultaneously. Some clients file three I-140 petitions at the same time. There is nothing stated in the law that prohibits multiple filings. Multiple filings increase you chances of approval.

A letter of recommendation is a letter written by an expert in the applicant’s field. The letter describes the EB-1(a) applicant’s abilities and accomplishments. Letters of recommendation are one of the important requirements of an EB-1(a) application petition.

A letter of recommendation can be written by experts in the field that know the applicant’s work directly or indirectly, such as former professors, supervisors, co-workers and individuals that they have met at meetings/conferences.

Recommendation Letters provide the primary supporting evidence for your petition. They should include the writers’ qualifications, your achievements, awards, publishing record, society memberships and tie your situation to the EB-1(a) criteria.

It depends on how long it takes you to get everything ready, gather the recommendation letters and the supporting documents. Once you provided all required documents to Fuessel Law, we will file your case within about one week of receipt.

It takes USCIS about six months up to one year to process an EB-1(a) application. The Premium Processing service takes 15 days.

Yes, having published is only one of the ten criteria for an EB-1(a). There is no specific requirement to have published articles to get an approval.

Yes, EB-1(a) does not require a job offer or an employer’s sponsorship.

You can apply for an immigrant visa as soon as a visa number becomes or is available and your petition is approved. You can apply for adjustment of status after you EB-1(a) is approved, or apply for EB-1(a) and adjustment of status simultaneously.

EB-1(b) and NIW do not require a Labor Certification.

No. If you meet the requirements, it does not matter where you live.

Yes, artists and musicians are eligible to apply for an EB-1. Fuessel Law has successfully represented many actors, musicians, painters, singers, dancers and other artists.

Yes. They may be filed independently since they are not related. The Labor Certification process is done by the U.S. Department of Labor, whereas the USCIS handles EB-1 petitions. If your Labor Certification is ultimately denied, you still have a chance of getting an EB-1 approved.

Yes, if you meet the requirements for an EB-1(a) application. The EB-1(a) requires proof of “extraordinary ability” whereas the Labor Certification is based on a lack of available U.S. workers with minimum qualifications for the particular job.

Sometimes the USCIS is not convinced that the foreign national petitioning under an EB-1(a) category has adequately proven that he qualifies for the EB-1(a) category. In such cases they will issue “Request for Additional Evidence”. We always strive to present the strongest case possible so that it will be approved without a request for additional evidence. Nevertheless, there is no way to predict how a particular USCIS officer reviewing a particular case will respond; sometimes even a very strong case will receive a “Request for Additional Evidence”.

We recommend that you consult with our firm for a free consultation. Please kindly e-mail your resume and questions to info@fuessel-law.com.

We have about a 98% success rate for EB-1(a) applications.

No, we cannot promise that your case will result in a successful outcome. However, we can promise you that we will take your case as our own, give it the highest priority, and produce a first-rate product and the highest quality service.

Yes, you have to continue working in the field indicated in the filed EB-1(a) petition. If you change into another field of work, the USCIS can deny your adjustment of status (I-485).

Neither of them needs a labor certification or an employer’s sponsorship and job offer.

1. The EB-1(a) is in the employment-based first preference category while NIW is in the employment-based second category. Because of the difference, immigrant visa numbers are available for all EB-1(a) foreign nationals from any country of birth, while there are visa backlogs for NIW foreign nationals who were born in India and China.
2. EB-1(a) requires a higher standard of achievement, while NIW has a more flexible and fluid standard. In addition,
3. the NIW doesn’t have premium processing service.

No, you are not eligible for practical training.

Yes, but only if you get a SEVIS Form I-20 from a school in the United States and you did not enter the U.S. with the intention to study at the time of your B-2 application. Until USCIS has approved your change of status to F-1 status you are not allowed to study.

Yes, but only if you are not subject to the two-year home country residence restriction.

SEVIS is the Student and Exchange Visitors Information System, which manages the retention and reporting of information concerning F, J, and M nonimmigrants.

DSO stands for Designated School Official. A DSO is responsible for reporting and updating information to the USCIS about the F-1 student and makes important determinations regarding the F-1 student.

A foreign national who attempts to enter the U.S. for a specific period of time and exclusively to pursue such a course of study.

The term varies at different program levels:

• At the postgraduate or postdoctoral level the DSO determines what is a full course of study.
• At an undergraduate study level, “full course of study” means at least twelve semester or quarter hours per academic semester.
• At a postsecondary level conferring associate or other degrees in language, liberal arts, fine arts, or other non-vocational program, “full course of study” means at least twelve full hours per week.
• For a study in any other language, liberal arts, fine arts, or other non-vocational training program, “full course of study” consists of eighteen hours per week.
• For a study in a primary school or academic high school, “full course of study” consists of class attendance for not less than the minimum number of hours per week for normal progress towards graduation.

You can attend a public secondary school up to 12 months and if you pay the school board for the full cost of the education. U.S. public high schools are prohibited from issuing a SEVIS Form I-20 to foreign national students, but you can attend a private high school if it is an approved academic institution that can issue a SEVIS I-20.

No, you have to apply for an M-1 visa.

You can apply for an F-1 visa if this university is an approved academic institution and can issue a SEVIS Form I-20.

• The applicant mus obtain a SEVIS Form I-20 from the school which he or she will attend.
• The applicant has to submit the I-20 and a nonimmigrant visa application to a US Consulate.
• The applicant must be able to demonstrate to the consular official havin sufficient means of financial support throughout the academic program and show nonimmigrant intent.
• Proof of English proficiency may also be required.

You first must be admitted by that university. You also have to prove that you at least have sufficient financial resources to cover the first academic year’s tuition, living expenses, and other miscellaneous expenses, such as books and transportation. Usually the brochure of the university will tell you the minimum expenses. If you satisfy these two criteria, you may get the SEVIS Form I-20 from the DSO of this university.

No. As an F-1 student you have to be enrolled in a full course of study in normal academic semesters. During the summer semesters you are allowed to be enrolled in a part-time study or not enrolled at all. Exceptions exist for serious reasons such as academic difficulties, illness, and/or medical conditions.

Yes, you can, if the school offering the English training program is an approved school and can issue a SEVIS Form I-20.

F-1 students are permitted to stay in the U.S. for the duration of status. Duration of status means that the student remains in valid status as long as he or she is enrolled in the academic program, and for any periods of authorized practical training and the 60 days grace period to depart the U.S. However, high school students at a public school are allowed for one year.

Yes, you are allowed to travel outside the United States, but in order to return to the U.S., you should provide the following documents:

• A valid passport
• A valid F-1 entry visa stamped in the passport
• A current SEVIS Form I-20 signed by your appropriate school official
• A new SEVIS Form I-20 if there have been any serious changes in your course or place of study
• Proof of your financial support

Yes, you have to inform the USCIS by providing a notice of a change of address (Form AR-11) within 10 days to the DSO.

You must provide both addresses to the DSO.

Yes, you are allowed to work on campus up to 20 hours per week, but the employment cannot displace US workers.

Not every business located on-campus is regarded as employment on-campus. On-campus employment has to be served on the school’s premises, or at an off-campus location that is educationally associated with the school. On-campus employment has to provide services for students such as the school bookstore or cafeteria.

On-campus employment according to the terms of a scholarship, fellowship, or assistantship is regarded as a part of the academic program of a student. In consequence the student is allowed to work as a Resident Assistant or Teacher’s Assistant prior to the start of the school year, if the DSO certifies the date of the employment’s beginning as the start date noted on the SEVIS I-20 Form. Other kinds of non-academic on-campus employment, such as working for a bookstore, are not allowed to begin more than 30 days before the start of the school year.

You have to apply for curricular practical training (CPT), if you want to work during the summer vacation time.

Curricular practical training is another possibility to work, study, internship, cooperative education, and any other type of required internship or practicum that is offered by sponsoring employers in cooperatation with the school. A CPT permits a student on F-1 status to work on a full or part time basis. CPT can be approved by the student’s school and does not to be approved by USCIS.

No, F-1 students who received a one year of full time curricular practical training cannot apply for post-completion academic training.

You have to apply for optional practical training (OPT) if you want to work after finishing the full-time course work.

OPT is a work permit for students in F-1 status for temporary employment after graduation.

Yes, you have 60 days to legally stay in the US and prepare the necessary items to depart from the U.S. During this time, the student may also apply for a transfer to another institution, a change of status, or an adjustment of status.

You can apply for employment authorization up to 90 days before the completion of studies and prior to the end of the first academic year.

Yes, if it is employment at will.

Yes, during OPT you can work for any employer in the US as long as the job is directly related to your major.

Yes, OPT is not is not required for an H-1B status. If you meet the requirements for H-1B, you can receive an H-1B status.

You are not allowed to start academic studies, full time or part time at a U.S. institution of higher education. However, but you can enroll to studies that are vocational or recreational in nature.

You have to file and be approved for a change of non-immigrant status, such as F-1, J-1, or M-1 to be allowed to become a full-time student.

The F-2 child is only eligible to study in an elementary or secondary school (kindergarten through twelfth grade).

You must be enrolled in an academic program as full time study, such as an elementary school, academic high school, university or college, conservatory, seminary, or language training program. You must report to the school listed on Form I-20 within 30 days of the registration date and report any changes to SEVIS, such as transfer, extension of status, practical training, or employment authorization.

An F-1 student who is enrolled on a full-time basis at an approved college, university, conservatory, or seminary for at least one academic year can apply for a practical training program.

No, your employment must be related to your major area of studies.

No, foreign nationals in F-2 status are not allowed to legally work in the United States.

You should forward an extension application to the DSO up to 30 days before the completion date. If you file the application after the completion date, the extension may not be granted.

Various situations may be considered as acceptable reasons, such as academic or medical reasons, but do not include being placed on academic probation or being suspended from the institution.

Yes, you can legally stay in the United States for a 60 days grace period.

Yes, you are eligible to apply for Optional Practical Training during the 60 days grace period after finishing your studies. The application for the Optional Practical Training has to be submitted prior to the end of the grace period.

Yes, you can apply for change of status if you obtain a SEVIS I-20 form from a school in the United States. However, you have to reveal your intention to study in the U.S. to the Consular and Immigration Officer when you enter the country with a B-1 visa. Until USCIS has approved your change of status you are not allowed to enroll in a course of study.

Yes, once you obtain a SEVIS Form I-20 from a school in the United States, you can apply for change your status from H-1 to F-1.

No, you cannot change to F-1 status. You became out of status when your B-1 status expired.

Usually, you must go through the following multi-step process:

• The USCIS must approve an immigrant visa petition, I-130 for Foreign national Relative, for you. This petition is filed by your relative (sponsor) and must be accompanied by proof of your relationship to the requesting relative
• The Department of State must determine if an immigrant visa number is immediately available to you, even if you are already in the United States
• When an immigrant visa number becomes immediately available to you, you may apply to adjust to permanent resident status if you are in the U.S. If you are outside the United States when an immigrant visa number becomes available, you will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa

The immediate relative of U.S. citizens are parents, spouses and unmarried children under the age of 21. An immigrant visa number will be immediately available for immediate relatives of U.S. citizens once the visa petition filed on their behalf is approved.

There are four preference categories:

• First Preference: Unmarried, adult (21 or older) sons and daughters of U.S. citizens
• Second Preference: Spouses of lawful permanent residents, their unmarried children (under 21), and the unmarried sons and daughters of lawful permanent residents.
• Third Preference: Married sons and daughters of U.S. citizens.
• Fourth Preference: Brothers and sisters of adult (21 or older) U.S. citizens.

Family based immigration is immigration to the United States through certain family relations who sponsor the foreign family member.

Any U.S. citizen or legal permanent resident can the the Sponsor of a family based immigration petition if they satisfy the income requirements. The Sponsor has to sign an affidavit of support for the Beneficiary, in which the Sponsor guarantees to maintain the standard of living of the prospective immigrant at a level not lower than 125% of the national poverty level until the Beneficiary has become a U.S. citizen or has been employed in the United States for 40 qualifying quarters.

No, a permanent resident can only file for a spouse or minor children. Only U.S. citizens can file for their parents.

“Immediate relatives” of a U.S. citizen, such as parents, spouses, widows, and unmarried children under the age of 21 can immigrate to the United States without any restrictions. They can apply for permanent resident status without any waiting time. Other relatives are divided into several preference categories. Each preference is given a numerical quote per year to restrict the number of immigrants.

The 1st Preference applies to unmarried children over the age of 21 of U.S. citizens. 2nd Preference applies to spouses and unmarried sons and daughters of lawful permanent residents. 3rd Preference applies to married children of U.S. citizens and the 4th Preference to siblings of U.S. citizens.

Passport, certificate of naturalization, birth certificate, marriage license, adoption paper, and/or a divorce decree, employment verification and W-2 forms for recent years provided by the sponsor. The Beneficiary will be required to provide documents such as passport, visa, I-94, photos, and medical examination report.

A Conditional Green Card is issued to the beneficiary spouse of the U.S. citizen if the marriage occurred less than two years before the beneficiary is admitted as a U.S. permanent resident. Both spouses need to jointly petition to remove the condition within 90 days before the second anniversary of the beneficiary’s admission as a permanent resident, or the beneficiary’s conditional permanent residence will be terminated.

Yes, but they either need a co-sponsor to ensure the financial supports or provide evidence of sufficient assets and fulfill the income requirement.

The spouse cannot sponsor his- or herself. But the income can be included as the household income if the couple have been living together for the last 6 months. Household income includes those incomes based on relationships by birth, marriage, adoption or people listed as dependents on tax returns.

U.S. citizens or legal permanent residents at the minimum age of 18 can be a co-sponsor if they meet the domicile, income and affidavit requirements.

The co- or joint sponsor must have an income 125% above the federal poverty lines.

Yes, an affidavit of support can be enforced by the sponsored person, the state or federal government or any agency providing a means-tested public benefit.

Yes, divorce does not terminate the affidavit contract.

The fiancé(e) or K-1 visa is for foreign nationals who enter the United States with the intention of marrying a U.S. citizen. The U.S. citizen Sponsor needs to file a petition with the USCIS. Once approved, the foreign national financé can apply for a K-1 visa at a U.S. Consulate in the country where he or she resides. The foreign national must marry the U.S. Sponsor within 90 days after entry to the U.S.

Yes, the marriage must occur within 90 days after the foreign national entered the United States.

Yes, you can apply for and adjustment of status.

Yes, but only if you are not subject to the two-year foreign residence requirement. If you are subject to this requirement, you will be able to adjust your status only after you meet the requirement or the requirement has been waived.

Because immigration law is federal, we handle cases from anywhere in the U.S. and the world.

It is not necessary to meet in person, although we enjoy meeting our clients. We can communicate via telephone, e-mail, FedEx, UPS, etc.

Please e-mail your resume and a brief description of your situation do info@fuessel-law.com. We will thereafter evaluate your case. You can also give us a call.

The United States requires citizens from certain countries such as India or China to obtain a B-2 visa before entering as a visitor. Citizens of other countries under the Visa Waiver Program, such as UK, Spain, Japan, Italy or France, do not need a visitor visa.

Status allows you to stay in the country whereas a visa allows you to enter the country.

Overstay means staying in the U.S. beyond the date indicated on your I-94 or the stamp in your passport or the corresponding Duration of Status (D/S) – even for one day. Overstay is one of the acts that causes you to be “out of status.” It is a violation of U.S. immigration laws and it results in your visa being automatically voided. In this situation, you are required to reapply for a new non-immigrant visa but it may even cause you to be ineligible for a visa in the future for return travel to the U.S. – depending on how long you were out of status.

Individuals who have the endorsement of D/S, but who are no longer performing the same function in the U.S. that they were originally admitted to perform (i.e. no longer working for the same employer or no longer attending the same school) can only overstay if the DHS or an immigration judge makes a specific finding of status violation.

A visa is a document or actually a sticker inside your passport that allows you to enter the US from a foreign country, much like a ticket to a movie theater. You must apply and obtain that visa (ticket) at the US consulate/embassy (box office) in your home country before coming to the US (entering the theater).

A visa is only used to enter the US, but doesn’t say anything about how long you can stay. To stay in the US, you must have legal status.

After you have entered the US using your visa, you must maintain legal status. Legal status allows you to legally stay in the US until the expiration date stamped in your passport or on your I-94 form, the white piece of paper commonly stapled in your passport. Earlier this year, CBP (Customs and Border Patrol) digitized the I-94 process and one does not get a paper anymore. However, the date in the passport still dictates how long you can stay. When this date is up, so is your legal status.

Please note, your visa may have a way longer expiration date than the stamp in the passport. This only means that you can leave and enter the US with the same visa up until the visa expiration date.

Unlawful presence is the presence in the U.S. after the expiration of the period of stay authorized by an Immigration Inspector/Customs Officer, or any presence without being inspected by an Officer and admitted or paroled. The authorized period of stay is normally either noted on the I-94 or the stamp in your passport.

Persons who remain in the U.S. beyond their authorized stay are not able to extend their stay in the US or change their status to another non-immigrant status. In most cases they are also barred from adjusting their status from that of a non-immigrant to that of an immigrant.

Persons who remain in the U.S. beyond their authorized stay for more than 180 days, and then leave the US, are barred from reentering the U.S. for three years from their date of departure.

Persons who remain in the U.S. beyond their authorized stay for more than one year, are barred from reentering the US for ten years from their date of departure.

Persons who commit fraud or material misrepresentation are barred from the U.S. permanently.

If you wish to visit the United States temporarily or be granted entry for a very specific period of time, you will need a non-immigrant visa. Some of the most common types of non-immigrant visas are a student visa (should you be looking to further your education and skills), business investor visas (if you are planning on coming to the U.S. to invest in a business), or a travel visa (if you wish to do some traveling in the U.S.).

Depending on your current immigration status or situation, there are a number of visas available to foreign nationals wishing to permanently immigrate to the United States. There is a fiancée visa (if you are a foreign national engaged to a U.S. citizen), family visas (if you have or are the relative of a U.S. citizen and wish to immigrate to the U.S.), a work visa (if you have unique skills or requirements which make you a hot commodity in a particular field or industry), and more.

Changing immigration status while in the United States, can be difficult and what you will be required to do, varies. This question is best answered after consulting with an experienced immigration attorney. Our attorneys will take the time to review your status and case, analyze the situation at hand, and help you find the best course of action to accomplish your goals.

To determine if your U.S. visa is valid, you need to check your passport for your visa’s expiration date and the number of permitted entries. If the expiration date has passed, your visa is not valid. However, if the date is within the expiration date and you have not used all the available entries, your visa is valid.

Valid U.S. status means that you are authorized by the USCIS (formerly known as the INS) to remain within the U.S. for the authorized period of time.

A visa is the authorization by the U.S. government to allow a foreign national to enter the United States for a specific duration and for a specific purpose. For example, a B-2 visa would allow someone to enter the United States for a two-week vacation, whereas an H-1B visa would allow someone to work for a specific employer for up to three years. In contrast, a green card is an approval by the U.S. government to allow a foreign national to permanently live and reside in the United States. This would permit him/her to live, work or study freely without any restrictions.

It depends on how long it takes to gather all the necessary supporting evidence, including letters of recommendation. After you have provided all the required documentation, it usually takes us about one week to complete the petition and prepare it for filing.

You must go through a multi-step process to become an immigrant based on employment:

• In most employment categories, a U.S. employer must complete a labor certification request for you with the Department of Labor
• The USCIS must approve the immigrant petition that was filed on your behalf, usually by an employer
• If an immigrant visa number becomes available to you, you may apply to adjust to permanent resident status if you are in the U.S. If you are outside the U.S. when an immigrant visa number becomes available, you will be notified to go to the U.S. consulate or embassy with jurisdiction over your area to complete the processing for an immigrant visa

In certain circumstances, some steps are not needed, or certain steps can be completed simultaneously.

No, no attorney can promise that your case will result in a successful outcome. However, we can promise you that we will take on your case as if it were our own, giving it the highest priority, and offering you a first-rate product.

Your case will be handled by a dedicated attorney with the administrative support of our law clerks.

USCIS stands for U.S. Citizenship and Immigration Services and is part of the Department of Homeland Security. It is responsible for all matters concerning foreign nationals in the United States and has jurisdiction over petitions for non-immigrant and immigration status.

Premium processing provides expedited service for certain petitions and applications and promises response to a petition within 15 days of receipt by USCIS. This response can either be an approval, request for further evidence, notice of intent to deny or, under the most recent new guidelines also a straight out denial. In the event that USCIS does not respond within the 15 days period, USCIS will refund the fee.

Premium processing is available to those employers who file a Form I-129 to classify a beneficiary under one of the following categories: E-1, E-2, H-1B, H-2A, H-2B, H-3, L-1, O-1, O-2, P-1, P-2, P-3, TN, R, and Q-1.

The benefit of premium processing is the fast response by USCIS within 15 days of the receipt of your application. The main disadvantage is the $1,225 fee.

Depending on your current immigration status or situation, there are a number of visas available to foreign nationals wishing to permanently immigrate to the United States. There is a fiancée visa (if you are a foreign national engaged to a U.S. citizen), family visas (if you have or are the relative of a U.S. citizen and wish to immigrate to the U.S.), a work visa (if you have unique skills or requirements which make you a hot commodity in a particular field or industry), and more.

A visa is the authorization by the U.S. government to allow a foreign national to enter the United States for a specific duration and for a specific purpose. For example, a B-2 visa would allow someone to enter the United States for a two-week vacation, whereas an H-1B visa would allow someone to work for a specific employer for up to three years. In contrast, a green card is an approval by the U.S. government to allow a foreign national to permanently live and reside in the United States. This would permit him/her to live, work or study freely without any restrictions.

As a legal permanent resident, you are granted the privilege of living and working permanently in the United States.

There are five categories of employment based immigration:

• First Preference (EB-1 priority workers): foreign nationals with extraordinary ability, outstanding professors and researchers, and certain multinational executives and managers.
• Second Preference (EB-2 workers with advanced degrees or exceptional ability): foreign nationals who are members of the professions holding advanced degrees or their equivalent and foreign nationals who, because of their exceptional ability in the sciences, arts, or business, will substantially benefit the national economic, cultural, or educational interests or welfare of the United States.
• Third Preference (EB-3 professionals, skilled workers, and other workers): foreign nationals with at least two years of experience as skilled workers, professionals with a baccalaureate degree, and others with less than two years’ experience, such as an unskilled worker who can perform labor for which qualified workers are not available in the United States.
• Fourth Preference (EB-4 special workers such as those in a religious occupation or vocation): foreign nationals who, for at least two years before applying for admission to the United States, have been a member of a religious denomination that has a non-profit religious organization in the United States, and who will be working in a religious vocation or occupation at the request of the religious organization.
• Fifth Preference (EB-5 Employment Creation) Entrepreneurs engaging in a new commercial enterprise in the United States.

Permanent residency, obtained through a green card, allows a foreign national to live and work in the United States on a potentially indefinite basis. When a green card is first issued based on marriage to a U.S. citizen it is often a temporary green card and is valid for two years. After the first two years, providing you have not been convicted of any criminal activity and have maintained your eligibility status, you can apply for a permanent residence visa which is valid for ten years.

Status allows you to stay in the country whereas a visa allows you to enter the country.

You may apply for an H-1B visa six months before starting the H-1B job, but no earlier than six months. However, due to the H-1B cap, there is a huge rush to submit applications as soon as possible when the filing period begins (usually April 1). For instance, the H-1B cap for fiscal year 2018 was reached five days after the filing period began.

The maximum H-1B status is 3 years and can be extended once for a total of 6 years. After the 6 years, the foreign national has to change to a different status or has to exit the country and wait one year outside before being able to apply for H-1B status again, unless he or she has already applied for a green card.

The prevailing wage is the average wage paid to similarly employees in a specific field of expertise in the geographic area of prospective employment. The H-1B employee has to be paid by the petitioning employer the higher of:

• the actual wage rate that he pays to all other employees with similar experience and qualifications, or
• the prevailing wage level for the profession in the “area of intended employment,” which is the Metropolitan Statistical Area (MSA) or the narrower Primary Metropolitan Statistical Area (PSMA).

• Job title
• Job description
• Job location
• Educational and work experience required
• Type of employer

LCA is the Labor Condition Application, which is required for the H-1B non-immigrant visa application process. An LCA is filed with DOL and includes a series of attestations such as an agreement to  pay H-1B employees at the prevailing wage for the position in question. An LCA can be filed online and will typically be approved within 7 days.

PERM is the abbreviation of “Program Electronic Review Management,” and it is required for the permanent residency application process. PERM is the system used in labor certification applications and requires the petitioning employer to undertake a series of recruitment actions to check the job market situation before filing the application. The employer can submit a PERM application if the recruitment activities will end up with no success. ETA Form 9089 will be required online or by mail for the PERM application. The main difference between PERM and the labor certification process is that, under PERM, labor certification applications can be provided online. Most cases are adjudicated within three-month and recruitment requirements are standardized but more expansive and no supporting documentation is required.

The H-1B “cap” is the numerical limitation on the number of workers authorized to be admitted on H-1B visas or to change to H-1B status if already in the country. It applies for new H-1B visa. There is one H-1B cap for applicants with bachelor’s degrees which has an annual maximum of 65,000 visas available and a second one for applicants with a master’s degree or better which has a maximum of 20,000 visas available per year.

The following H-1B petitions are except for the H-1B cap:

• Petitions for H-1B status extensions
• H-1B petitions sponsored by institutions of of higher education, a related or affiliated nonprofit entity, governmental research organizations, or nonprofit research organizations
• H-1B petitions for concurrent employment where the foreign national worker is presently in H-1B status that was subject to the H-1B quota
• H-1B petitions for employer changes where the current H-1B holder was subject to the H-1B quota
• Those who have had H-1B status in the past six years who were subject to the H-1B quota
• Petitions for H-4 dependent status

Yes. Each employer has to file an I-129.

As soon as the new H-1B petition is filed on your behalf with USCIS.

Yes, a U.S. employer is permitted to terminate a H-1B employee if there are qualified U.S. workers available. In this situation, the H-1B employee has no discrimination claim since U.S. employers have the statutory right to give job preference to U.S. workers over H-1B workers.

No. Your H-1B status is tied to your employment. Thus, after your employment is terminated, you are no longer in valid H-1B status, even though your I-94 may still be valid until a later date.

You must go through a multi-step process to become an immigrant based on employment:

• In most employment categories, a U.S. employer must complete a labor certification request for you with the Department of Labor
• The USCIS must approve the immigrant petition that was filed on your behalf, usually by an employer
• If an immigrant visa number becomes available to you, you may apply to adjust to permanent resident status if you are in the U.S. If you are outside the U.S. when an immigrant visa number becomes available, you will be notified to go to the U.S. consulate or embassy with jurisdiction over your area to complete the processing for an immigrant visa

In certain circumstances, some steps are not needed, or certain steps can be completed simultaneously.

Yes, since there is a 60 days grace period, the H-1B holder can apply for change of status within that period of time. But USCIS is authorized to approve, deny or shorten this period.

As you will be out of valid H-1B status, any further application or adjustment of status can be denied for this reason.

H-1B workers may take long unpaid leave without it affecting their status.

No, you will lose valid H-1B status if your employer asks you to take unpaid leave and the employer violates the immigration law, because he is not allowed to “bench” you.

You will remain in valid H-1B status, if your employer still pays you full salary.

You have to change to another non-immigrant status such as F-1, F-2, H-4 etc. immediately. If you file your change of status application in time, you will be allowed to stay within the U.S. while your case is pending.

H-1B workers are permitted to have dual intent, which means that they can intend to come to the U.S. as a non-immigrant and also have the intent to permanently immigrate.

It is recommended to keep your H-1B status because in case of a denial of your adjustment of status petition, you otherwise will be out of status.

No, but it is recommended to apply for advance parole before travel abroad in case there is a problem with the H-1B.

You are in parolee status. Parolee status means, that you are still allowed to work for your former employer without any other work permit. You can only end your parolee status and return to valid H-1B status by applying for an H-1B extension or change of employer.

An employee in valid H-1B status is allowed to go to school, part-time or full-time, without applying for an F-1. But while the H-1B employee is attending school, he or she has to continue to work for the H-1B sponsoring employer. If the H-1B employee stops to work for her employer, the employee will be out of valid H-1B status and must apply for a different status such as F-1.

Yes, if you meet the other H-1B requirements you are eligible to apply for a part-time H-1B.

Yes, an F-1 student can start and own a company in the United State and it theoretically is possible the company will sponsor the F-1 student as an H-1B worker. USCIS will require proof that the student’s company is able to pay the H-1B holder, the prevailing wage, also that there is a real business need to hire this specific H-1B employee and that there is a real employer/employee relationship in as much that the H-1B worker could be fired – which may be hard to prove.

You might want to consider extending your H-1B in light of one possible outcome: your adjustment application is denied.

No. As long as you are in valid H-1B status before leaving the US, you can apply for an H-1B visa when you re-enter the country.

We suggest applying for Advance Parole and getting it before you travel abroad to ensure that you can re-enter the U.S. You should take your Advance Parole with you, but try to apply for your H-1B visa first. Your Advance Parole will serve as an assurance, if your H-1B visa application is denied.

You are in parolee status. If you continue working for the same H-1B or L-1 employer, you are still allowed to work under H-1B and L-1 and apply for an extension or transfer of H-1B or L-1 status. However, if, after being paroled by using and advanced parole document, you can work for your current employer with your EAD or change employers with your EAD, you will no longer have a valid H-1B or L-1 non-immigrant status, even though you can still lawfully stay in the U.S. during the I-485 pending period.

An H-1B is a non-immigrant visa or status for skilled workers in specialty occupation to work in the U.S. temporarily for a total of six consecutive years. In the H-1B application process the petitioning employer files the application on the foreign national beneficiary’s behalf. The foreign national has to have at least a bachelor’s degree or a foreign equivalent. Sufficient work experience can serve as a substitute for education requirements. H-1B status is typically given to engineers, professors, researchers, software programmers, and other foreign professionals.

DOL stands for the U.S. Department of Labor (DOL), which deals with the prevailing wage and Labor Condition Application (LCA) aspects of an H-1B petition.

Yes, but you will need to obtain a J-1 waiver or meet the residency requirement before you can adjust your status to permanent resident or apply for an immigrant visa.

You can obtain a non-immigrant visa (O, E or F visa) from a U.S. Consulate abroad, but you cannot obtain an H or L visa until you have received a J-1 waiver or you meet the two-year foreign residency requirement.

Yes. People who have entered or stayed in the U.S. as J-2 dependents are under the same restrictions as their respective J-1 holder. They are similarly relieved of the restriction if the J-1 holder obtains a J-1 waiver.

No, the two-year foreign residency requirement has to be completed in the country you were residing in when you received your J-1 status.

A J-1 visa is issued to an exchange visitor who is participating in an established J-Exchange program pre-approved by the State Department. This includes secondary school and college students, business trainees, trainees in flight aviation programs, primary and secondary school teachers, college professors, research scholars, medical residents or interns receiving medical training in the U.S., certain specialists, international visitors, and government visitors.

This rule requires some J-visa holders to reside in their home country for at least two years before they may obtain an H, L or other immigrant visa to enter the U.S. or adjust their status within the U.S.

A J-2 visa is issued to a child (under age 21) or spouse of the J-1 principal. Once the minor child reaches their 21st birthday, they no longer qualify for a J-2 visa or J-2 status. Also, if the J-2 spouse divorces the J-1 status holder, they no longer qualify for J-2 status. J-2 status holders may study and work while in the United States.

The J-program’s duration depends on the program category and the J-program sponsor. The sponsor has full discretion to extend the period within the maximum program’s duration period.

The processing time for a J-1 visa varies from country to country and from program sponsor to program sponsor.

A foreign exchange visitor can apply for a waiver based on one of five statutory bases:

• “No objection” statement from visitor’s home country
• Request from an interested U.S. Government Agency (IGA Waiver)
• Claim of persecution in home country if visitor returns
• Claim of exceptional hardship to a U.S. citizen or permanent resident spouse or child if visitor returns to home country
• Request from a designated State Health Agency

The “No Objection” process varies from country to country. Some countries process the letter quickly and provide you with a response in a few weeks, whereas other countries take months. The processing time at the State Department for a “No Objection” waiver is about 8 weeks, once all documents have been submitted to the State Department.

A foreign national of exceptional ability is a foreign national who evidences exceptional ability in the sciences, arts, or business, satisfying at least three of the following criteria:

• Official academic record such as a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability
• Evidence in the form of letters from current or former employers confirming at least ten years of full-time professional experience
• A license to practice the profession or certification for a particular profession or occupation
• Evidence that the foreign national has commanded a high salary or other high remuneration for services reserved for those with exceptional ability
• Evidence of membership in professional associations
• Evidence of recognition for achievements and significant contributions to the industry or area by peers, governmental entities, or professional or business organizations

In most situations, a J-2 holder is not allowed to file an independent waiver petition. If a J-2 holder obtains a divorce from the J-1 principal or if the J-1 principal passes away, an independent waiver petition may be possible.

A J-1 visa holder is allowed to work for the J-1 program sponsor but not for another employer without special authorization.

Educational institutions, private companies, research institutions and governmental agencies may all qualify as J-1 program sponsors, once pre-approved by the Department of State.

Yes, but only if you are not subject to the two-year foreign residence requirement. If you are subject to this requirement, you will be able to adjust your status only after you meet the requirement or the requirement has been waived.

Yes, you are not limited to file only one petition. This increases your chances of getting  an approval.

Yes. U.S. Department of Labor (DOL) deals with applications for labor certification and USCIS handles NIW petitions. If your labor certification is denied by DOL, you still have a chance of getting your NIW application approved by USCIS.

Yes, if you meet the requirements for an NIW. The requirements for NIWs and labor certifications are very different. A labor certification is based on a lack of available U.S. workers with minimum qualifications for a particular job whereas a NIW is based on the applicant’s proving that he or she will be better able to serve national interests than would U.S. workers with minimum qualifications.

Yes, but you will need to obtain a J-1 waiver or meet the residency requirement before you can adjust your status to permanent resident or apply for an immigrant visa.

Yes, you have to continue to work in the field indicated in your NIW petition, since this is what serves the national interest. If you change into another area, USCIS can deny your adjustment of status application or revoke your permanent resident status.

Foreign nationals who apply for an NIW petition have to show evidence of high qualification in their fields, being an “Advanced Degree Professional” or “Foreign National of Exceptional Ability” and have to provide that they possess the ability to serve the national interests of the U.S. to a greater degree than could other highly qualified individuals in the field. Waiving the standard job offer and labor certification requirements would be guaranteed. For the EB-1, the applicant has to demonstrate that he or she is a worker of extraordinary ability in his or her field of expertise. An outstanding individual is not required to obtain labor certification to receive employment-based permanent residency.

A National Interest Waiver (NIW) petition is part of the employment-based, second-preference immigration category that requests that the otherwise necessary U.S. job offer and labor certification requirements be waived for the sake of the “national interest.”

1. The EB-1(a) is in the employment-based first preference category while NIW is in the employment-based second category. Because of the difference, immigrant visa numbers are available for all EB-1(a) foreign nationals from any country of birth, while there are visa backlogs for NIW foreign nationals who were born in India and China.
2. EB-1(a) requires a higher standard of achievement, while NIW has a more flexible and fluid standard. In addition,
3. the NIW doesn’t have premium processing service.

Yes, an appointment is required in order to have a third country visa interview.

The TN category is a special category created for Canadian and Mexican professionals. Foreign nationals who qualify under this category are allowed to temporarily work for a company located in the U.S.

The initial time limit for a TN professional to work in the U.S. is three years. However, this period may be renewed for three years .

A foreign national must possess the necessary credentials to qualify under this category. Generally, a Bachelor’s degree or higher is required and the foreign national must intend to depart the U.S. upon completion of his authorized status. As a result, if the foreign national applies for permanent residence (Form I-485) while he is in TN status, he will have difficulty in obtaining renewal of his TN status. However, a pending or approved I-140 employment based immigrant petition or I-130 family based immigrant petition does NOT impute immigrant intent, and therefore does not affect a TN foreign national’s ability to be admitted into the U.S. as a TN foreign national or to extend TN status. Mexican nationals are required to have TN-2 visas before they may be admitted to the U.S. in this status, whereas Canadian nationals need only apply with the USCIS at the border and bypass the visa requirement.

Requirements are the following:

• The applicant must be a Canadian citizen
• The applicant must intend to engage in employment in an approved profession and have an offer of employment
• A Bachelor’s degree or higher is usually required for all approved professions. If the profession requires licensing, then the applicant must also possess the requisite license.
• The applicant must intend to stay in the U.S. for a temporary period only. An applicant can be denied TN status because he has a pending immigration petition.

Canadian nationals who qualify for TN-1 status are not required to obtain a visa. They may apply for TN status directly at the border. They simply present their evidence at the border and an interviewing officer reviews the evidence and makes a determination of the applicant’s qualification. If approved, the applicant is given a stamp and enters the U.S.

The benefits of TN status for Canadian nationals are as follows:

• Authorization to work in the United States
• Indefinite renewal of TN status
• Rapid processing time at the U.S. borders
• Special TB status afforded to dependents for the duration of his or her stay in the United States
• No need to go through consular processing to obtain a visa or apply for change of status through the USCIS
• No annual quota

The benefits of TN-2 status for Mexican nationals are as follows:\

• Authorization to work in the United States
• Indefinite renewal of TN-2 status
• Special TD status afforded to dependents for the duration of his or her stay in the U.S.
• Low application fee of $110
• No annual quota

You may file an I-129 form to change your current status to TN-1. However, if you enter the U.S. under the Visa Waiver Pilot Program (VWPP), you cannot change your status in the U.S. All documents required to obtain TN-1 status must be submitted to the USCIS with the form. However, you can avoid the application fee by going back to Canada and applying for TN-1 status at the border. In this instance, you need not fill out an I-129, but would simply present the necessary documents to the interviewing officer.

A visa is a permit to apply for admission to enter the U.S. Valid U.S. status permits the stay within the U.S. As a consequence, a foreign national cannot obtain valid U.S. status without first obtaining a visa. You can have a valid U.S. visa but be out of status and you can have an expired visa and still be in valid U.S. status.

Yes, applying to a U.S. Consulate does not guarantee that you will obtain a visa. A U.S. Consulate has the authority to approve or deny your visa application for any reason.