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FREQUENTLY ASKED QUESTIONS
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1. What is the EB-2 with National Interest Waiver?
An EB2-NIW is an immigrant visa category that grants a foreign national lawful
permanent residence without the requirement of an employment offer or a labor
certificate. The job offer requirement is waived if the candidate can prove that
his permanent residence in the U.S. would be of “national interest” and would
benefit the country.
2. Is There Any Difference Between a Regular EB2 and an EB2 with National
Interest Waiver?
Yes, they are both vastly different in terms of their requirements, processing
times, and the documentation required for each. Generally, an EB2 visa or other
employment-based visas require a formal employment offer for an applicant to be
eligible to apply. Additionally, it requires a Labor Certification from the
Department of Labor.
An EB2 with NIW, on the other hand, does not require any employment offer. The
applicant is not required to go through the labor certification process with the
Department of Labor. This is as long as the petitioner (applicant) can prove
that their admittance to the United States would be of national benefit.
3. Who Can Apply for an EB2-NIW?
Any foreign national can apply for an EB2-NIW visa. An immigration attorney is
able to complete a strong application package that checks off all of the
requirements and makes the appropriate legal arguments. An applicant does not
need an employer.
4. What Does an EB2-NIW Waive Off?
The EB2-National Interest Waiver dismisses the need for a labor certification
from the Department of Labor. The labor certification can be costly and takes
time to obtain. This visa also waives the requirement of an employment offer.
However, all other “entry” requirements must be met in order to become eligible
for the visa.
5. What Are the Educational Requirements for an EB2-NIW?
The EB2-NIW visa is offered to foreign nationals who have earned an advanced
degree or a degree that is recognized internationally as being equivalent to an
advanced degree in a professional field. These persons can also satisfy this
educational criterion by holding a Bachelor’s degree and possessing at least
five years of experience in their profession with increasing levels of
responsibility. Applicants for this visa must demonstrate that they have
extraordinary qualities in one or more of the following areas: science,
technology, mathematics, engineering, the arts, or business, amongst others.
According to the EB2-NIW framework, a degree or certification that is higher
than a bachelor’s degree is considered to be an advanced degree. The applicant
can obtain this in the United States at a college or institution that is
recognized in the United States, or they can earn an advanced degree that is
equivalent to an American advanced degree from another country.
6. Who Qualifies for an EB2-National Interest Waiver?
The following individuals are eligible to apply for an EB2-NIW:
* A foreign national who meets the educational requirements, and
* A foreign national who meets the three-prong test in the Matter of
Dhanasar decision is listed below:
1. The proposed endeavor has substantial merit and national importance
2. The applicant is capable of advancing the proposed endeavor
3. Substantial benefits for the “national interest” of the United States
1. How many LoRs are required for the I-140 petition?
We recommend six LoRs, and this is ideal. But four LoRs will be fine
2. I know quite a few industry experts, e.g., Deans of Lewis University & Embry
Riddle Aeronautical University, Department Head of Coast College California,
President of LH Thomson Company, etc. Will these designations/recommenders work,
or does Raju’s Team provide assistance in getting letters from other reputed
experts?
We do not provide assistance to get Recommenders. The client has to seek
recommenders on his/her own. Any prominent person from the same or relevant
field as the client would be able to provide the LoR.
3. What is the difference between dependent and independent LoRs?
Dependent LoR is from a recommender you have directly worked with or under
(supervisor, co-author, professor, research/project leader, etc.)
Independent LoR is from an expert in your field with whom you have never work
with. However, they may have seen your work in conferences, heard about your
work from their colleagues, read your articles in journals, followed your work
profile (LinkedIn, Google Scholar, etc.) or used your idea/ research in their
own work.
4. How many independent LoRs am I supposed to obtain?
A minimum of 3 independent LoRs
5. Is the Raju Law Team going to assist in selecting the recommenders, or is it
entirely up to me to do that?
Yes, we will provide advice to you regarding this matter.
6. As per step 3 in the document ‘Steps of NIW application process,’ I am
supposed to send 6 filled-up LoR templates. So, is it like I will get LoR
templates from the Raju Law Team and fill them up? Or am I supposed to create
the templates?
Yes. We will provide all the necessary templates for your case, including LoR
templates.
7. Do I need to get your LoR service? Or Can I draft the letters myself?
You can prepare the LoRs yourself if you wish to, OR the Recommender
himself/herself can write the letter (best option in terms of authenticity). In
that case, if you need any template to follow, we can provide you.
If LoR service is included with your package, our legal team will prepare the
LoRs for you if you wish.
8. Letter of Recommendation mentioned in the document “Steps of NIW Application
Process.” Could you please enlighten me more on how your law firm
handles/manages the LoR for the client?
For each letter you want us to draft for you, we need you to fill out one LoR
template with as much relevant information as possible. You can write in
paragraphs, bullet points, sentences, etc.
You also need to provide the recommender’s CV. We will draft the letter based on
the filled-in template, recommender’s CV, and your profile.
9. Who can provide me with recommendations? Are there any specific
conditions/criteria for my referees?
You will need to collect recommendation letters from prominent individuals in
your field. The individuals may be your bosses, professors, researchers, or
individuals similar to them.
You do not need to be acquainted with all your recommenders. An EXPERT in your
field can write you a letter based on your academic and work profile.
10. It might take more than 7 days to collect all 6 recommendations. Is that
okay with you?
You may complete them within seven days or take an extended period at your
convenience.
11. What should be the balance between dependent and independent LoRs? Can I
use all dependent LORs? Do all have to be in my field of study?
You can keep a 50/50 balance between independent and dependent LoRs. Although we
prefer having more independent LoRs. And yes, all of them must be from your
field of study/ work. These recommendations can come from high-level executives
or academic individuals like researchers and faculties.
12. Will it be a good idea if I start finding the recommender and then come back
to you?
We highly suggest seeking out your recommenders early in the NIW process.
13. Who will write the Recommendation Letters?
Our in-house LoR writers will draft the LoRs for you based on the filled-in
template you provide. Note that you must provide adequate information and manage
the signatures from the recommenders yourself.
14. Do I have to pay any extra fee for the recommendation letter?
No, there are no extra fees for recommendation letters if the drafting service
is included with your package.
15. Will you provide me with some samples to work on LOR, summary, and future
endeavors?
Yes, we will share the sample documents with you.
16. I am not a researcher. Who can write my recommendation letters for me?
Your supervisor, top executives, leaders of the field, and distinguished
professionals in top management positions with or under whom you have or have
not worked with in your field can make recommendations.
17. For the independent recommendation letters, do the recommenders need to be
U.S. citizens/ working at a U.S. university/ company? More specifically, can
someone working in a renowned university/ company outside the U.S. write a
recommendation letter for me?
Distinguished professors/ professionals of any reputable university/ company
from any part of the world can make recommendations. They do not need to be U.S.
citizens.
18. I have very few citations, so how should I manage Independent Recommendation
letters?
You can ask your friends; they can convince their professors to write
Recommendation letters for you. Also, there are many Bangladeshi professors in
U.S. universities; you can contact them as they usually help. You can also write
to different prospective recommenders highlighting your common areas and the
significance of your work.
19. Do I need to send the hard copy of the LoR?
No, the scanned copy or the signed soft copy of the LoR will be sufficient.
20. Does my LoR need to be on a letterhead? My recommender is reluctant to use
his institutional letterhead and has agreed to signed on a blank paper.
The best form of evidence is to have a letter on the recommender’s instutional
letterheard. If the recommender has retired, he/she may create their own
letterhead and provide that.
21. My recommender does not have an updated CV? Will LinkedIn profile work?
We aim to submit the formal updated CV of the recommenders. In case it is
ablsolutely unavailable, we can use their institutional profile or LinkedIn.
22. Do I need physical signature on the LoR or will a digital signature be
sufficient?
We prefer physical signature. However in exceptional situations you can input
digital signature also.
1. I became a member of a TRB committee because of my current research work, and
2 publications have been accepted recently to that specific committee. Will this
help?
That is great! It will increase your chance of approval.
TRB is one of seven program units of the National Academies of Sciences,
Engineering, and Medicine, which provides independent, objective analysis and
advice to the nation and conducts other activities to solve complex problems and
inform public policy decisions.
2. Raju Mahajan suggested I obtain at least one citation and then apply. I am
expecting at least 3 self-citations by September. Also, the outcome of one of my
completed projects with Michigan Department of Transpiration (MDOT) is going for
field application by MDOT. Will that help besides waiting for the citation?
Yes, “field application” will be better than self-citation; however, we need
proof of that (letter, email, or any proof from MDOT).
3. I have helped write grants for my professors relating to Covid and HIV. One
is pending and another was not accepted. Does this writing experience help?
Yes, this will have a positive impact on your profile.
4. Is it of any value if I get the citations during the process? I mean, after
my application submission, but before the decision?
If the number of citations to your work increases after you submit your NIW
petition, it can be a positive factor in the decision-making process. This is
because an increase in citations can indicate that your work is gaining more
recognition and having a greater impact in your field, which can support your
claim that your work is in the national interest.
However, it’s important to note that USCIS officers are instructed to make
decisions based on the evidence presented at the time of the petition filing. If
you are submitting additional evidence after your initial filing, it may not be
considered by the USCIS officer reviewing your case, and your case may be
decided based on the evidence that was submitted with the original petition.
5. I also have one journal paper submitted and under review, which will be
published before the petition submission. Will that also have any effects on my
application?
If your paper gets published while preparing the application, we will mention it
in the petition, and it will have a positive impact on your case.
6. I have 6 citations for a conference paper and hope I will publish some
research papers during my master’s or Ph.D. Is there any minimum number of
citations required for NIW?
No minimum number of citations is required to apply for NIW, but the higher, the
better.
7. Do I need to provide 4 work summaries?
You need to provide summaries of your work (following our template) of the top
projects or research you did which aligns with your future proposed endeavor. If
only 3 supports your future endeavor, provide only 3.
Tip: Please spend a substantial amount of time to prepare a strong proposed
endeavor.
1. An estimated timeline of when we can expect the USCIS to receive the package.
It is expected that USCIS will receive the package within 2/3 working days.
2. Once the petition is approved, what are the next steps? And do you assist in
that process as I am not in U.S. at the moment?
DS-260 is the next step after the NIW approval as you are outside of the USA. We
provide this service for $1200 for principal applicant and $700 for the
dependent applicant (if any).
3. I have EB2-140 approved with Nov 2013 as the priority date. Can we port the
Priority date for this EB2-NIW?
Yes, we can port the priority date for this EB2- NIW.
4. How frequently can a client contact attorney? Any limitations?
No, there is no limitation. You can contact your case manager anytime during
work hours. As for the attorney, if you need to speak with him, we will send you
a link through which you can set up a phone or zoom meeting.
5. May I know your success rate on NIW?
It is a 100%
6. What is the average response time from the attorney side?
We reply as promptly as possible. At most, it will be under 24 hours.
7. Does only one attorney or a team review the case details after the petition
is finally prepared?
We have several law clerks and a managing attorney, all of whom will be involved
at some point in the process. Additionally, we have a dedicated team for NIW
petitions. Initially, you will work with them.
8. Would you please further enlighten me about the client's responsibility?
Your responsibility will be to send us the required documents and information
when we need them and make the payment of the $500 monthly installment at your
convenience. And after the forms are done, you will sign them and mail us. Then
we will submit them to USCIS.
9. What would be the best time to apply for NIW? (At the end of my Ph.D. or in
the middle)
It depends on your portfolio. You may proceed now if you have a good number of
citations and publications.
10. Does it matter if I file my petition, leave the U.S., and return after
approval? Or if I apply from Bangladesh?
There is no problem if you do it from Bangladesh or leave the U.S. after
submitting the petition.
11. I have a valid official (government) passport till Sep 2025. As I resigned
from a govt job, I applied for the passport change from official to ordinary in
January, 2022. The process is in backend verification. So, it might take some
time to get the new passport. My question is can I apply for I-140 with my
current official passport now? But will it be a problem if I apply now with the
current passport and the new one comes within the NIW process?
We recommend that you wait for your new passport. Because a valid passport is
required to submit your application to the USCIS. However, you can begin the
application process with us right away. We will now prepare all of the necessary
documents and petitions while waiting for your passport. We will submit your
application to the USCIS once you have received your new passport. In this way,
it will save some time for you.
12. What kind of documents/credentials/certificates are needed to be submitted
along with the I-140 petition application. I just want to know what documents I
need to acquire before the start of the petition process.
It varies most of the time. In general, the copies and documents related to
professional membership, license, and professional certificates are submitted
along with the basic documents.
13. Do I have to live in the U.S. to apply?
You are not required to be residing in the United States to apply. For example,
an award-winning researcher in Russia who won acclaim and recognition for their
impact could be considered sufficient evidence for an NIW.
1. I would like to inform you that I received an offer for a summer internship
from LAM Research in California. I will work on R.F./Antenna that is entirely
related to my ongoing Ph.D. program. I would like to know if this internship
program will add a positive impact on my application or not?
Yes, it will have a great positive impact on your case.
2. What does “progressive” work experience mean?
Progressive work experience means having at least 5 years of work experience
demonstrating growth and advancement in the relevant field.
3. I have a number of media coverages and fellowship awards. Will they have an
impact on the petition and increase my chance of approval?
It may have an impact on the petition and increase your chance of approval.
4. Does job experience contribute to strengthening the profile?
Yes, having job experience of five years and more will strengthen your petition.
But it’s not absolutely necessary in this case.
5. I do not have a master’s degree but I have more than 10 years of
post-graduate job experience which means a Bachelor’s degree plus 10 years of
job experience. Please let me know if it is applicable for eligibility?
If a person has at least five years of progressive work experience following
completion of a bachelor’s degree, he is technically eligible to apply for NIW.
If your experience is not coming from a US-based industry and you do not possess
a foreign or Master’s degree, your chances are very slim.
6. I am a remote worker with 2 years of job experience. Will it be good for the
NIW application?
NIW application requires mainstream or industry job experience. Remote work
experience will not be applicable.
7. Does TA/RA count as work experience?
TA/RA counts as academic or research experience and definitely not an industry
job experience.
8. Do I have to stay in the same industry as my NIW case after it’s approved?
Yes, you are required to work in the same field that benefits the country’s
national interest. If you change areas, you risk having your I-485 denied if
it’s still under process.
1. I heard that USCIS is expanding premium processing eligibility to several
different categories, one of which is the EB-2 National Interest Waiver. Do you
think I can be eligible for the premium processing?
Premium Processing is available for the EB-2 NIW category.
2. What is the current situation with the NIW petition process with USCIS
(success rate, time to get a decision on I-140)?
Currently, the approval rate has increased more than before. We have experienced
the shortest time of 7 months to get a decision.
3. Assuming my on-time responses, what would be the expected time to file the
petition?
If you can deliver all the documents correctly, we expect the time to be 55-60
working days to file the petition.
4. If I would like to go for premium processing, can I do so? If I go for
premium processing, will I be paying the USCIS’s premium processing fee instead
of the regular USCIS fee of $ 715?
Certainly, Premium Processing is available, and we provide this service to many
of our retained clients. It is necessary for anyone who wishes to do Premium
Processing to pay $2,805 to the USCIS for its premium processing fee. As part of
the application process, the applicant must pay a $715 filing fee to the USCIS
and Asylum Program Fee of $300, which is mandatory. We provide this service to
our NIW clients without charging any attorney fees, except for the $30 fee for
the Money Order Purchase Service. Consequently, an applicant must pay USCIS a
total of $3,820 for premium processing of their I-140.
5. What is the NIW Processing Time?
Processing time for NIW applications typically runs between 3 to 9 months,
although this time depends on the assigned USCIS Service Center and the
adjudicating officer. In addition, processing times vary as USCIS evaluates each
application and supporting evidence on a case-by-case basis.
1. I will Graduate in December 2022 with a Masters’s degree. Should I target
December 2022 for my Petition submission?
Yes. After graduation, your chance rate will increase, and it will make the
petition stronger.
2. I have a master’s degree from the U.K. in Finance but my PhD and research
that is ongoing is in Computer Science. Will that be a problem if I want to
apply on the basis of my research that is in the U.S. but my completed advanced
degree is in Finance.
No, you can apply with the ongoing research experience.
3. Can I use Canadian, U.K., or other foreign evaluations to show my degree
equivalency for the U.S.?
No, we need the evaluation from USCIS-approved equivalency evaluation bodies.
Eg. WES
4. I would like to know if I can obtain a non-thesis masters, will I be able to
start the NIW process as soon as possible?
Yes, you will be able to start the NIW application process.
5. I am planning to publish my thesis shortly. So please suggest me what I need
to do more to strengthen my case. I will take your service once I am done with
all the lacking requirements.
Kindly publish your thesis paper. The more citations your paper receives, the
better your chances will be. Also, if you have U.S. work experience or can get
started with work related to your proposed endeavor, that would be greatly
beneficial.
6. If I go for Ph.D., can I apply for NIW before completing my Ph.D.? (after 2
years of the Ph.D. program)
Yes.
7. Do I need a USA degree to apply for NIW?
There is no requirement for a U.S. degree in order to apply for NIW; however, a
min. Master’s degree is necessary.
8. With regards to certifications/ licenses, are you referring to required
licenses or certifications that my field requires to practice my profession, or
are you referring to any certification programs I have done to advance my
career?
Required certifications/ licenses that your field requires to practice your
profession.
9. I have a Data Scientist toolkit certificate from Coursera, an SQL certificate
from Udemy and Tableau Certificate also from Udemy. Are these certifications
applicable?
These can be added to your CV, but for NIW requirements, only professional
certificates are acceptable.
10. Can I qualify for an NIW if I do not have any awards in my field?
Due to the flexible characteristics of the NIW, you may be able to qualify
without having received awards in your field. Proof of outstanding achievements
strengthens your case and may be the difference between approval and denial; it
is not grounds for denial alone.
11. If I was denied a labor certification, can I apply for an NIW?
Your previous denial should not have an impact on the outcome, assuming you meet
the other qualifications for a National Interest Waiver. This is because the
requirements for a PERM application have little bearing on the requirements for
an EB-2 NIW.
12. What is an advanced degree for the purpose of the EB2 NIW visa?
An advanced degree for the EB2 NIW visa is U.S. advanced degree (degree above
bachelor’s) or equivalent foreign degree.
1. Can I start the processing with 2,500$ dollars and pay the rest of the money
after completion of the processing?
Yes, you can.
2. As far I understand, there is only an attorney fee for me as the principal
I-140 applicant, and if approved, there is no additional attorney’s fee for each
derivative, right?
Green Card application under EB2 NIW or EB1A has two steps. The first step is
called I-140 and the second step is called I-485. The first step is only for the
principal applicants , and our fee is $5,000.
There is no application for derivative in this step; therefore no attorney fee.
However, once the first step gets approved , we move to the second step. For the
second step Adjustment of Status(I-485), our fee is $1,200 for the principal
applicant (You) and $700 for each derivative if you have a spouse and children.
3. Is the USCIS filing fee expense excluded from the attorney fee?
Our total service charge for NIW is $5,000. In addition, you will be required to
pay a USCIS fee of $715, Asylum Program Fee of $300, and mailing fees of
approximately $50.
4. Are you able to take on an EB2 NIW if it has already been filed and a RFE
letter has been issued?
Yes, we are able to assist you with your RFE in this situation. We will charge
you $2,000 only for the processing of the RFE response. In the event that you
choose to retain our NIW services, a fee of $5,000 will be charged.
5. What is your mailing fee?
Around $50 for the regular shipping process. It might cost $100 or more if you
need overnight shipping.
6. What will be the process of refunding of Attorney fee if the application is
declined, unfortunately?
A refund will be issued within 30 days if your case is denied. In that case, the
refund policy depends on the money-back guarantee which we offer to the clients
according to their credibility.
7. If I get a rejection and want to reapply, do I need to pay USCIS fees ($715)
and the mailing fee?
Yes
8. Do you offer monthly installments?
Yes, it is $500 per month.
1. If I file the petition during my first year of OPT and don’t get any decision
by the end of the period, can I start the STEM OPT?
Yes, you can start the STEM OPT. The NIW petition (I-140) has no impact on your
immigration status.
2. While I-140 is in process, Can I apply for OPT extension (I am eligible for
STEM OPT extension).
Yes, it is possible to apply for an OPT extension while your I-140 is being
processed.
3. My employer applied for my Green card as well. It is under the PERM process
now. They will also apply for I-140 when L.C. is approved. My question is, if my
I-140 for NIW is denied for any reason, will that affect I-140 application that
will be submitted by my employer?
No, your NIW denial will have no effect on your normal I-140 application.
4. I have a job offer from an industry (a contract research organization). Can
the organization apply for H-1B while my I-140 is in process?
Yes, the organization can apply for your H-1B while your I-140 is being
processed.
5. Is there any problem if my visa date expires but I-20 is valid during the
process of I-140 and I-485? Do you recommend submitting I-485 while I-140 is
still pending?
Submission of I-485 application depends on your current status. If you need a
work permit in the next 4/5 months, apply for I-485. But if you do not need any
work permit in the next 4/5 months, I would suggest not submitting I-485 and
waiting until your I-140 gets approved.
6. Can I travel to my own country during/after the process/submission of I-140?
Yes, you can. Your I-140 petition has no effect on traveling outside.
7. I am now unmarried. I plan to get married this year. If my wife applies for
F-2 visa and at the same time my I-140 is pending for decision/ get approved, is
there any impact on F2 visa rejection because of the status of my I-140?
No, your I-140 will have no effect on the F2 Visa. In both cases, your I-140
will have no effect as they are in no way co-related
8. Can I withdraw the application once I file it?
Yes, you can. A letter must be sent to the USCIS stating that you want to
withdraw the petition.
9. I am currently changing my employer, and a H1-B transfer petition will be
filed on my behalf in the following weeks. Can we prepare the EB-2 NIW
application in the meantime?
There is no impact of the H1B transfer petition on the EB2- NIW application. So,
we can proceed with the EB2- NIW application.
10. I have filed for asylum application a few months back. Will my asylum case
impact this petition in any way?
NO. It will have no impact on the NIW application process.
11. If I file NIW petition, will I be able to file for adjustment of status from
my H-1B?
Yes
12. My current F1 visa will expire on 29 July 2022 and my I20 is valid till 27
August 2023. I had plans to visit my home country in December 2022 to renew my
visa. If I apply for the NIW, would it complicate the visa renewal process?
If you applied only for the NIW (I-140), your travel would not be affected.
However, if you have also submitted an application for I-485 with it, this will
affect your travel if that process is ongoing.
13. If I file NIW petition, will I be filing for adjustment of status from my
H-1B?
Yes.
14. I am on F1 visa. If my I-140 is rejected by USCIS, then it will have any bad
impact on my future non-immigrant visa application (given that I am applying
only for I-140 only and I-485 is not included)?
No, it won’t affect your case.
15. I am currently on an F-1 student visa. Unfortunately, from Fall 2022 I have
to switch to a J-1 student visa due to my R.A. funding. I am going to work on a
USAID-funded project that requires a J-1 visa. From my understanding, a J-1 visa
requires me to travel back to my home country for at least two years after
graduation. Will it affect my EB2 application if I do it now (in the summer)?
Can I still apply, given that I am switching to a J-1 visa?
Not all J1 visas come with a Two-Year Home requirement. If your J1 visa comes
with such a requirement, you must get a waiver before submitting your
I-485.However, for I-140 there is no difference between an F1 visa and a J1
visa.
16. From which authority do I have to take the waiver? Bangladesh or U.S.?
Both. You can find more details by searching for the J1 Waiver application on
Google. You will find all the necessary information there.
17. Currently, I am holding an F1 visa, and my wife is living in Bangladesh and
going to apply for an F2 visa by the end of this year. If I apply to NIW EB2
right now, will it impact getting her F2 visa? Or should I wait until she gets
her F2 visa approved?
It should not pose a problem since both of them are different.
18. I have my spouse as a dependent; how will he be included in the process?
NIW has two steps. The first step is I-140, which is only for you. After your
I-140 is approved, the next step is I-485(Green card, EAD, Advance Parole).
Here, your spouse will be added as your derivative.
19. I am living in the U.S. with a non-immigrant visa at present. After I apply
for the NIW, will I be required to remain in the U.S.?
It depends on your VISA status on which you are currently residing in the United
States. It has no connection with the I-140 application.
20. Currently, I am at the finalizing stage of completing Ph.D. I am planning to
submit my petition after I start STEM OPT. If I file the petition during my
first year of OPT and don’t get any decision by the end of the period, can I
start the STEM OPT?
Yes, the NIW petition (I-140) has no impact on your immigration status.
However, if you file I-485, you cannot apply for OPT or an extension of OPT
until the I-485 application is decided.
21. If I apply for the NIW green card process and go back to India, can I work
as an independent contractor for my current American company and come back once
my current date?
Yes
22. What was the processing time for the EB-1c Green card process?
It usually takes 6 months to proceed.
23. Can you kindly give me an approximate idea of how long the I-140 might take
to get approved? Also, do you suggest I apply for I-485 along with I-140 or wait
my I-140 to be approved?
Usually, it takes 7 months. But depending on the service center, it often takes
more than a year. You can certainly concurrently file I-485. The benefit is that
you will receive EAD and advance parole under which you can work and travel.
However, there are some risks involved. Since I-485 is an immigrant application,
your F1 status will be abandoned. You will not be able to apply for any
non-immigrant status (e.g. OPT) while your I-485 is pending. In case your I-140
is denied, you will be out of status. Filing only I-140 will not affect your
non-immigrant status. We recommend concurrent filing for those who are nearing
the end of their non-immigrant status.
24. My husband is in H1B and his company is going to apply for a perm green card
application process. Does it have any association with my NIW filing? Provided
that I want to apply for him as a spouse in my NIW application.
NO. It will have no impact on your spouse’s application process.
1. If my case receives any NOID or RFE, is it included in the value?
Yes, it is included in the value. We do not charge separately for our retained
clients.
2. What will happen if the application gets rejected/denied?
The answer is you can appeal for the application to get approved.
3. Can you give me a list of approximate costs in detail (lawyer fees +
application fees etc.)?
Attorney fee is $5,000, USCIS filing fee is $715, Asylum Program Fee of $300,
and shipping fee is around $50.
4. Just wanted to make it clear that once retained any communication regarding
the NIW application is covered by the attorney fee and doesn’t require me (the
client) to pay any additional consultation fee. I was looking for a sentence
like “providing legal advice regarding the NIW application” under the attorney’s
responsibility but didn’t find any such thing. So wanted to make it clear.
If you retain us for the service, you do not need to pay us further for any
additional consultation fee. It is mentioned in the Legal Fees paragraph in the
retainer agreement clauses i and iv. You can consult with the attorney without
additional consultation fees.
5. If I choose to obtain an appeal instead of a refund, would you cover the
USCIS filing fee for that?
No, we will not cover the USCIS fees in that case. We will cover the attorney
fee only.
1. What is EB3 Visa?
EB3 is the third category of immigration-based employment visa that allows a
foreign applicant and his/her family (spouse and children) to permanently come
to/reside in the USA and work by obtaining a green card.
2. Does an EB3 visa require any educational qualification?
EB3 visa has different categories, which may or may not require any previous
educational qualification depending upon the individual category. The highest
educational qualification for the EB3 category is a bachelor’s degree.
3. Does an EB3 visa require any professional experience?
EB3 visas have different categories, which may or may not require any previous
professional experience depending upon the individual category.
4. How much does the entire process of the EB3 visa cost?
Currently, our fee for the total process is $7700 (PERM- $5000, I-140- $1500,
I-485- $1200). In addition, the client will have to pay for job advertising
fees, USCIS fees, and document shipping costs.
5. Do I have to pay fees for my family members?
Yes. $700 for each additional family member when the final stage of the Green
Card application is being processed.
6. If I have a wife and two children, what is the total cost of the process for
my family?
The total cost will be $9100 ($7700 for the principal applicant and $700 for
each additional family member) plus additional expenses, including job
advertisement costs, USCIS fees, and document shipping costs.
7. Can my spouse apply for EB3 with her employer while I apply for EB3 with my
employer? Will these two separate application processes create any
contradiction?
Yes, both can apply for their respective position, and it will not create any
contradiction.
8. Do you provide or help in finding an employer for EB3?
As a law firm, we don’t provide an employer for EB3. However, we have a sister
concern company (Great American Recruiter) that finds employers for interested
clients and carries out the full process of EB3. You can reach out to them
at info@greatamericanrecruiter.com. Please note that the Great American
Recruiter has a different pricing structure.
9. Am I eligible for an EB3 immigration visa if I am traveling to the USA with
B1/B2 visa?
Yes, you can adjust your visa status from B1/B2. However, please note that you
will have to maintain legal visa status in the USA until your I-140 is approved
and you receive your work authorization based on a pending I-485 application.
10. Am I eligible for an EB3 immigration visa if I am on F1/F2 visa?
Yes, you can adjust your visa status from F1/F2. However, please note that you
will have to maintain legal visa status in the USA until your I-140 is approved
and you receive your work authorization based on a pending I-485 application.
11. Can I apply for EB3 while also applying for an H4 visa?
If you are staying in the USA, you can apply for both. However, since an EB3
immigration visa takes more than a year due to prevailing wage determination and
PERM processing, we advise you to first apply for an H4 adjustment of status
application and then file an EB3 application.
12. Can I apply for an EB3 immigration visa if I am an asylee or if my asylum
status is pending in the USA?
Yes, if your asylum case is pending or you are a current asylee in the USA, you
can apply for an EB3 immigration visa. However, if your asylum case is denied in
court and you are in the deportation procedure, you cannot apply for EB3.
13. Can I sponsor myself from my own business for EB3?
Self-sponsoring may result in a complicated case adjudication by the USCIS and
bears the risk of denial.
14. Can my immediate relatives (parents/siblings/in-laws) sponsor me?
While they can legally sponsor you, being sponsored by immediate relatives or
family members bears the risk of a complicated case adjudication by the USCIS
and can result in a denial.
15. Can I change my job during the PERM application or after PERM approval?
You may always have the option to change your job irrespective of the PERM
procedure stage. However, in most cases, changing the job during the PERM
process or after PERM approval means you may have to go through the PERM process
all over again. PERM certification is not related to a specific employee, and it
is tied to a specific job. That is why a new job will almost always require new
PERM certification. Having your employer file the I-140 immigration petition is
the second stage in the process and happens once PERM labor certification has
been approved. Changing jobs at this stage in the process will almost always
require your new employer to file a new PERM and then a new I-140 petition.
One of the big exceptions to this is if the new employer company is a successor
in interest to the original employer company. This involves an understanding and
analysis of mergers and acquisitions laws. Another exception involves the
American Competitiveness in the Twenty First Century Act (AC-21). If the foreign
worker fulfills the mobility requirements under Section 106 of the American
Competitiveness in the Twenty First Century Act (AC-21), then the new employer
will not need to file a new I-140 petition. Rather, they can move to a new place
of employment upon the passing of 180 days after the filing of the adjustment of
status (I-485) application.
16. Can I change my address during the EB3 process?
Yes, you can change your address at any time during the process. However, please
note that you will have to file AR-11 and inform USCIS about the change of
address within 10 days of moving.
17. Do you provide 100% assurance of approval in EB3 PERM?
It is realistically impossible to assure 100% approval since the final
adjudication comes from the USCIS. However, we can predict the outcome with more
than 90% assurance.
18. Is there any interview for EB3?
If you adjust your visa in the USA, you may or may not have to attend an
interview. However, if you are applying from outside the USA, you will have to
attend an interview at the US embassy or consulate.
19. Can I travel outside of the USA during the EB3 adjustment of status?
Yes, you can travel unless you file form I-485. However, please note that if you
travel outside the USA before filing Form I-485, you will have to wait for at
least 90 days to file Form I-485 after your return to the USA. Once you file
form I-485, you cannot travel outside the USA until you receive the advance
parole (approval of I-131). Please note that traveling outside the USA without
prior approval and proper return documentation may jeopardize your green card
application.
20. How long does it take to complete the EB3 process?
The timeline varies based on the individual case. But typically, it takes
approximately 3 years to complete the entire process. Please see the timeline
flowchart below to get an idea about the timeline of EB3.
21. Can I expedite the EB3 process with premium processing?
You can only expedite the I-140 adjudication with premium processing by paying a
$2500 USCIS fee and filling the form I-907. However, there is no premium
processing for the prevailing wage determination, PERM, or I-485. Nonetheless,
you can make an expedition request if your I-485/I-765 adjudication decision
exceeds the average processing time at the designated service center.
22. What if my adjustment of status to EB3 or application for an EB3 visa is
denied?
While denial of an adjustment of status application generally leads to immediate
deportation from the USA, the ultimate course of action varies based on the
individual case. Please contact us immediately if your EB3 application is
denied.
23. Can I appeal if my adjustment of status to EB3 is denied?
Yes, you can appeal to reconsider your case by filing form I-290B and paying the
USCIS fee. Please note that you will have to appeal within 30 days of the
notification of the decision or 33 days if you received the notification by
mail.
* I-485
* I-131
* I-765
* Other Questions
* Birth Affidavit Related Questions
1. If I have already filed my I-140 petition, can I now file my I-485
application before the I-140 is approved?
Recently, USCIS has updated this process. You can only file the I-485
(Adjustment of Status) when your I-140 Priority Date becomes current. When your
priority date becomes current may differ according to your country. However,
this is an important strategic discussion that must be discussed with your
immigrant attorney.
2. Can I apply I-140 and i-485 together?
This is called ‘Concurrent Filing and recently USCIS has updated this process.
You can only file the I-485 (Adjustment of Status) when your I-140 Priority Date
becomes current. When your priority date becomes current may differ according to
your country. However, this is an important strategic discussion that must be
discussed with your immigrant attorney.
3. How long does it take for I-485 to be approved?
After filing Form I-485, Application to Adjust Status, and related forms, your
I-485 processing time can take anywhere from 8 to 14 months. However, it varies
case to case depending on the service center and the base of the I-485. The
basis of your adjustment of status (e.g. family, employment, asylum, etc.) will
be a significant factor.
4. What happens if I-485 is approved?
Upon approval, the applicant is mailed a Form I-551, Permanent Resident Card.
The date the Form I-485 is approved becomes the date of adjustment, which in
turn determines how soon the newly adjusted Lawful Permanent Resident (LPR) may
apply for U.S. citizenship. Permanent Resident Cards are valid for ten years.
5. Is I-485 the same as a green card?
Form I-485 is officially called the “Adjustment of Status Application” and is
the official green card application.
6. What is the next step after filing I-485?
After your I-485 is filed, you will receive a receipt notice from USCIS. After
that you will get another notice in the mail about your biometrics services
appointment, which will be held at a local Application Support Center (ASC). The
notice will tell you the date, time, and location of your appointment. And then
finally, you will receive another notice for the interview. However, in many
cases an interview is no longer conducted, USCIS issues a direct approval
notice. But, if USCIS wants more information or documents to make a decision on
your case, they will send you a notice called an RFE before approval.
7. What happens after the I-485 interview?
Usually, the immigrant officer brings the decision right at the end of the
interview. If the application has been approved, he or she will put the stamp in
the immigrant passport, which is valid for 30 days as a green card. The green
card will arrive by mail in the next 60 days.
8. My I-485 Was Denied. What Are My Options/ What will I do now?
If U.S. Citizenship and Immigration Services (USCIS) denies an I-485, there are
options available to applicants, including a motion to reconsider or reopen,
appealing the decision, and re-filing.
9. How long does it take to schedule an interview for I-485?
While the time depends on the local USCIS Field Office that will be conducting
the interview, you can usually expect the interview to occur anywhere from 4-7
months after you have mailed in your application.
10. What do I do if I-485 is pending for 3 years?
It would be very helpful to show it to a lawyer. There could be something very
wrong with the application that is causing this delay. Otherwise, if there is no
basis for the delay, then it would be necessary to file a petition for a writ of
Mandamus with the federal court to get a decision.
11. Can I stay in the US while my I-485 is being processed?
Any immigrant who entered the U.S. on some sort of temporary or non-immigrant
visa (F1, B1/B2, J1, etc) and then submitted a green card application (for U.S.
lawful permanent or conditional residence) is allowed to remain in the United
States while the application is “pending.”
12. My I-140 got approved recently and would like to apply for I485 along with
my spouse. Currently, I am on OPT and it will be ended after three months.
Should I apply for STEM OPT first and then I-485 or I should apply for I-485
now?
F1 is a non-immigrant intent visa and I-485 is an immigrant intent process. Once
you show your immigrant intent by applying I-485, you will not be allowed to
apply for STEM OPT (as it is non-immigrant intent). However, there have some
rare exceptional examples of approving STEM OPT after I-485 submission, but it
is risky. If you now apply for I-485 and then apply for STEM OPT, though it will
not impact your I-485, there has a huge chance that your STEM OPT application
will be denied. So, to continue your job, applying for I-485 after STEM OPT
approval will be a good idea if you do not have an emergency. However, contact
an immigration lawyer for details to understand your situation for get a proper
solution.
13. Can I apply for STEM OPT during I-485 pending? Will it impact on my I-485
process?
F1 is a non-immigrant intent visa and I-485 is an immigrant intent process. Once
you show your immigrant intent by applying I-485, you will not be allowed to
apply for STEM OPT (as it is non-immigrant intent). However, there have some
rare exceptional examples of approving STEM OPT after the I-485 submission.
However, it will not impact your I-485.
14. Is it mandatory to submit Tax Return file for the Employment Based I-485
application?
Tax Return Files are not mandatory or required for the Employment Based I-485
Application. However, if your spouse is a beneficiary of your application and
you have a joint Tax Return File or your spouse’s name is mentioned in your Tax
Return File then you should submit it as evidence of shared life. But, if it is
required to submit I-864 with your I-485 application (for example- family-based
green card process), then you have to submit it.
15. How do I find my A-Number?
An A-Number (Alien Registration Number) is a seven- to nine-digit number that
can be found on a variety of documents from U.S. Citizenship and Immigration
Services (USCIS) or the former INS. USCIS uses the Alien Registration Number to
track the immigration files for immigrants (and some nonimmigrants). You can
find your A number on the EAD card, I-797 – Notice of Actions, Green Card, etc.
16. I have a question regarding the I-485 biometric/interview. Do we need to
carry a passport during the interview/biometric, which should be at least six
months valid? I am wondering should I apply for passport renewal before 485
submissions. It is uncertain how long Bangladesh Embassy will take to renew the
passport?
No, you do not need a passport that’s been valid for more than 6 months for the
Biometric/ Interview process. Just having a valid passport will do. However,
please try to renew the passport before the interview. If not possible bringing
an alternative photo identification will suffice.
17. In the I-140 form, I selected "alien will apply for a visa abroad at a U.S.
Embassy or U.S. Consulate at Dhaka. Now my I-140 is pending and currently, I am
in the USA. My question is, am I eligible/allowed to apply before I-140
approval? Am I allowed to apply from the US? Do I need to fill up any other form
with I-485 for IVP processing?
If your priority date is “current”, you will be able to apply for I-1485 now. As
you selected on I-140 that you would apply from abroad, it means your case
should be run through the IV Process. So, to stay safe side, you can submit an
explanation letter regarding your IV Processing with your I-485 application. You
can inform NVC about it through their Public Inquiry form. No worry about it, it
will not hamper your immigration process.
18. May I travel to the United States for the purpose of adjusting my status
(I-485)?
As a rule, you may only use a nonimmigrant visa to travel to the U.S. for the
purposes stated in the visa. For example, B-1/B-2 visitors may only travel to
the U.S. for temporary visits related to pleasure or business. They must return
home after the purpose of the visit is concluded and/or the authorized stay
expires. Generally, traveling to the U.S. on a nonimmigrant visa with the
preconceived intent of adjusting status will violate the terms of the visa.
There are exceptions for certain visas. However, you shouldn’t adjust your
status within the first 90 days of your stay in the U.S.
19. Can I switch from adjustment of status to consular processing?
If you initially selected adjustment of status on your immigrant petition but
you’ve decided to use the consular process, you’ll need to inform USCIS of your
decision. File Form I-824, Application for Action on an Approved Application or
Petition, to make the request for consular processing. However, the transfer
will likely add additional lag (5 to 10 months) to the time frame. Therefore, if
you’re unsure at the time of filing Form I-140 or I-130, selecting a consular
processing location is generally the best option.
20. How do I switch from consular processing (IVP) to adjustment of status
(I-485)?
If you initially selected consular processing or “alien will apply for a visa
abroad at a U.S. Embassy or the U.S.” on your immigrant petition (I-140 or
I-130) but you have come to the USA and have decided to adjust your status
(I485), you’ll need to inform NVC of your decision. Public Inquiry Forms,
emails, and call centers are the way to contact them.
21. What is 90 day rule?
The 90-day rule states that non-immigrant visa holders (for example- F1, B1/B2,
J1, etc.) who marry U.S. citizens or lawful permanent residents or apply for
adjustment of status within 90 days of arriving in the U.S. are automatically
presumed to have misrepresented their original nonimmigrant intentions. This new
rule is called the 90-day rule.
22. What will happen if I break the 90 Day Rule?
This rule applies to nonimmigrants (for example- F1, B1/B2, J1, etc.) who are in
the United States on a temporary visa. If found to have violated the rule, their
application for permanent resident status (I-485) may be declined, and their
visa revoked.
23. How to Count 90 Days?
When you’re counting 90 days, it’s crucial to count it the correct way (and most
importantly, the way the USCIS does). The best way is to take your most recent
I-94 travel record and add at least 90 days to it. To be on the safe side, you
can add 100. Both working days and holidays are counted in the 90-day rule.
24. Should my spouse use the same A-number as I have on my approval notice? I am
the primary applicant and she is the dependent.
No. Since your wife doesn’t have any A-number (from EAD or approval notices),
her space for the A- (Alien) number will remain blank. Your spouse can not use
the same A-number as yours.
25. My wife had Medicaid during the pregnancy period (last six weeks and six
weeks after delivery. Is it also counted as a public charge?
Some federal programs are not covered by the public charge rule and exemptions
exist for certain populations. For instance: Medicaid or CHIP (Children’s
Health Insurance Program) is received by applicants who are: (1) under age 21,
(2) during pregnancy and up to 60 days after a pregnancy, or (3) receiving
emergency care. So, having Medicaid during the pregnancy period will not be
counted as a public charge.
26. My wife completed her B.A. (Hon's) in Bangladesh. However, the name of her
mother in that certificate is wrong. Can we use that for her education? However,
her information in the HSC certificate is correct.
It will not be a problem. We will use the name according to her passport.
27. From whom I will get the job offer letter? Do my advisor has to write it for
me?
During your Ph.D., we are assuming you are contributing as a teaching/research
assistant, and that is considered as your job. Your advisor will write it for
you, kindly do not forget to include a signature from your advisor following our
sample job offer letter
28. In the occupational field confirmation letter, can I say I am currently a
Ph.D. student since I am not involved in any industry?
During your Ph.D., we are assuming you are contributing as a teaching/research
assistant, which is considered as your job. Please make sure the field where you
are working currently – remains the same as the I-140 as well as your future
occupational field needs to be the same too. Kindly follow our sample
occupational field confirmation letter, which will guide you.
29. Will indicate my current position as a research assistant, which was also
mentioned in I140. But my future preference was a researcher in wireless
communications in i140. Hope this is fine?
If the field is the same, then there is no problem.
30. Can I get EAD and Advance Parole within three months after filing I-485?
Approximate processing time is 3.5 months to 8 months. However, processing time
may vary according to the servicing center. You can expedite the processing time
if you have an emergency.
31. What is the ‘combo card’ in the I-485 application process?
If you also submitted Form I-765, Application for Employment Authorization, and
Form I-131, Application for Travel Document, as a part of your adjustment of the
status package, you will be receiving an Employment Authorization Document
(EAD). Many people call it a work permit. If you applied for both, the EAD and
advance parole travel document are generally combined on a single combo card.
With the combo card, you are considered an adjustment of status applicant who
may work in the United States and travel outside the U.S. according to the
criteria of advance parole.
32. Total timeline of I-485 application after submission?
Although the steps that take place are fairly consistent, the Form I-485
processing time will vary significantly based on the basis of the application,
USCIS caseload, and your ability to properly file an accurately prepared
adjustment of the status application package. The following outline describes
the basic steps of the I-485 timeline for most people –
* RECEIPT OF APPLICATION: Form I-797C, Notice of Action, the receipt notice
typically arrives 2 to 3 weeks after filing. If you did not properly file
your Form I-485, USCIS will send a Notice of Action to reject the application
or may send a Request for Evidence that requests additional items.
* APPOINTMENT NOTICE FOR BIOMETRICS: Next, you will receive an appointment
notice that assigns your biometrics appointment date, time, and location.
(The location will generally be the USCIS Application Support Center nearest
you). Approximately it arrives 3 to 5 weeks after filing.
* BIOMETRICS APPOINTMENT: The biometrics appointment, also known as a
biometrics screening, is generally a short appointment (approximately 30
minutes) so that USCIS can collect your fingerprints, photograph, and
signature. Usually, it takes place 5 to 8 weeks after filling.
* RECEIVE YOUR EAD CARD: If you also submitted Form I-765, Application for
Employment Authorization, as a part of your adjustment of the status package,
you will be receiving an Employment Authorization Document (EAD).
Approximately it arrives 3.5 months to 8 months after filing.
* NOTICE OF INTERVIEW: The interview notice will arrive by mail as another Form
I-797, Notice of Action. It takes approximately 4 to 10 months.
* ADJUSTMENT OF STATUS INTERVIEW: It takes approximately 6 to 12 months after
filing the I-485 application.
* RECEIVE PERMANENT RESIDENCE CARD/ GREEN CARD: USCIS will process the new
green card and mail it to your address on record. However, not all adjustment
of status interviews ends with a decision. The USCIS officer may tell you
that you will receive a decision in the mail.
33. How do I know if my green card is approved?
You can track the process by following the steps –
* Find your “Receipt Number.” (See “Receipt Numbers” below.)
* Visit USCIS’ “Case Status Online” tracker. Website –
https://egov.uscis.gov/casestatus/landing.do
* Enter your Receipt Number.
Click “Check Status.”
1. Why should I apply for I-131 together with Form I-485?
During the adjustment of status (AOS) process, the applicant may remain in the
United States while waiting for his or her green card. But it can take several
months to receive the green card after filing Form I-485, Application to Adjust
Status. Many applicants want to travel abroad during this time to visit family,
take a vacation, or even tend to urgent matters. But there’s a problem – leaving
the country can put your adjustment of status application in jeopardy.
Generally, an AOS applicant that leaves the United States without advance parole
will abandon the I-485 application and will likely have trouble reentering. That
is why applying for I-131 for advance parole along with I-485 is necessary.
2. Filling fee for Form I-131 together with Form I-485? Or Advance Parole for
Adjustment of Status Applicants Fees?
If you are filing Form I-131 together with Form I-485, Application to Adjust
Status, you do not need to include a filing fee for Form I-131 as long as your
adjustment of the status package includes payment for the Form I-485.
3. Can I travel outside the US while my I-485 is being processed?
Yes, you can travel while Form I-485 is pending if USCIS has granted your
Advance Parole. Advance Parole is a permit that will allow you to travel abroad
while USCIS is processing your green card application and return to the United
States without abandoning your application. Remember that, if you travel before
approval of Advance Parole (I-131), your I-485 will be denied (except some visa
holders, such as H1, L1, K3, V1).
4. On I-131s part 7, the intro paragraph right below the section header seems to
ask for supporting documents for the advanced parole. Will you be providing any
documents for this?
Supporting documents for the advanced parole are not required for the
I-485-based I-131.
5. On Form I-131s, Part 3 question, how is this date and length of trip entered?
Does it have to do anything with I-20?
Regarding, Page 2, Part 3, Item no. 1 and 2, which has been added to an
approximate Date of Intended Departure and Expected Length of Trip (in days). It
is neither related to I-20 nor creates any impact on any other documents. You do
not have to bother regarding it, or you can even change the range if you want.
6. Urgent Requests for Advance Parole
In most cases, it takes at least 3 to 7 months to get an advance parole
document. This could be a problem if you’re traveling for an extremely urgent
situation. USCIS may expedite your case if you have a dire emergency and can
evidence the urgent need to travel. USCIS is willing to consider an emergency
request for advance parole on a case-by-case basis. You will need to provide
evidence to support the emergency request (e.g. medical documentation, death
certificate).
7. What do I need to do when traveling with advance parole?
When traveling with advance parole as an adjustment of status applicant,
remember to:
* Take your original Advance Parole Document
* Take a photocopy of the I-797C Notice of Action confirming that your I-485
application was accepted
* Return before the deadline on your Advance Parole Document – leave extra time
in case of travel delays
8. Criteria for Emergency Advance Parole
USCIS publishes guidelines for expediting the processing of travel documents.
You may be able to obtain an emergency Advance Parole Document if one or more of
the criteria below have been met:
* Severe financial loss to company or person;
* Emergency situations;
* Humanitarian reasons;
* A nonprofit organization whose request is in furtherance of the cultural and
social interests of the United States;
* Department of Defense or National Interest Situation (Note: The request must
come from an official U.S. Government entity and state that delay will be
detrimental to the Government.);
* USCIS error; or
* Compelling interest of USCIS.
9. How to Request Emergency Advance Parole
If you are experiencing an extremely urgent situation, you may visit your local
USCIS office to request an emergency Advance Parole Document. Follow these steps
to ensure that your request for emergency Advance Parole gets the correct
attention:
* Prepare your application for Advance Parole
* Make an appointment at your local USCIS office
* Attend appointment to request emergency advance parole
10. Does USCIS know when I leave the country?
Yes, they almost certainly do know you’ve left. The US processes passport
details for all air passengers through a system called APIS, and ties that to
the electronic I-94 (arrival and departure record). You can check your US
arrival and departure history online.
1. Can I work while I-485 is pending?
If you currently live in the United States and want to work for a U.S. employer
while your green card application (Form I-485) is pending, you will need a work
permit first. Generally, everyone applies for I-765 with I-485 to get the EAD
card which will allow them to work during the pending I-485. So, you will be
allowed to work after getting the EAD card while your I-485 is pending. You may
not apply for a work permit if you live abroad.
2. What is my “Eligibility Category” on my I-765 Application for Employment
Authorization? I am submitting I-765 along with I-485.
Your category is C9. Pending adjustment of status under Section 245 of the Act –
category is C9.
3. How long does I-485 EAD take?
I-485 EAD processing time is 2 to 6 months at the National benefits center. If
you have an emergency situation, you can expedite the process by communicating
with USCIS.
1. Do you have any recommendations on who should provide the birth affidavit?
The person who writes an affidavit is an “affiant.” Affiants may be relatives of
the applicant and do not have to be U.S. citizens. It’s very common for parents
to write affidavits for the applicant. However, any individuals who were alive
at the time of the applicant’s birth and were aware of the birth may act as the
affiant. There is an important exception – the affiant may not be submitting an
application for permanent resident at the same time. For example, the parents of
an applicant may not act as affiants if they too are submitting Form I-485 to
adjust their status.
2. My wife's oldest sister was a minor (5/6 years) during the time of my wife's
birth. Can my wife's oldest sister give her an affidavit of Birth?
5/6 years old baby may not be aware of someone’s birth. We recommend that kind
of person who was at least 18 years old at that time.
3. One of my wife's uncles is living in the USA and was also present during my
wife's birth. Based on the notary document, it seems that the documents are
notarized in Bangladesh. Can it be done from here?
Yes.
4. Birth Affidavit Requirements
* State the applicant’s full name, place of birth, date of birth, and the full
names of both of the applicant’s parents.
* Include the full names of both parents of the applicant regardless of who
writes the affidavit. For example, if an uncle executes an affidavit for you,
his affidavit must list both of your parents’ names.
* Include the full names of both parents of the applicant regardless of who
writes the affidavit. For example, if an uncle executes an affidavit for you,
his affidavit must list both of your parents’ names.
* Include the full names of both parents of the applicant regardless of who
writes the affidavit. For example, if an uncle executes an affidavit for you,
his affidavit must list both of your parents’ names.
* Include the full names of both parents of the applicant regardless of who
writes the affidavit. For example, if an uncle executes an affidavit for you,
his affidavit must list both of your parents’ names.
* Include the full names of both parents of the applicant regardless of who
writes the affidavit. For example, if an uncle executes an affidavit for you,
his affidavit must list both of your parents’ names.
* Include the full names of both parents of the applicant regardless of who
writes the affidavit. For example, if an uncle executes an affidavit for you,
his affidavit must list both of your parents’ names.
5. Should both of my parents have a picture in the Birth Affidavit? Do there any
standard size for the pictures? Does it have to follow a US passport size
picture (e.g., 2 by 2)? In addition, do the photos need to be attested first?
Pictures on the affidavit of the birth letter are not mandatory. But, the letter
must have their signature.
1. How long it may take to prepare I-485 and how much is the cost for retaining
the preparation service?
In general we take around 7-10 working days to complete I-485, and our fee is
$1,200 for the principal applicant and $700 for each dependent.
2. What do I need to write on the backside of the photo?
Write the applicant’s name with a pencil.
3. Can I do paper clips for the forms or staples or nothing?
Please do paper clips or nothing.
4. As a supporting document, do I need to submit all pages of our passports or
just the bio pages and visas?
No need to submit all the pages, the bio pages including personal data and
emergency contact page as well as visas will be fine. Moreover, please do not
forget to submit all the old and new copies of passports for both the principal
and derivatives.
5. I was not sure if the I-485 application contract (retainer) covers RFF’s as
part of the attorney fee. Can you clarify if I get an RFE, will the current
attorney fee cover responses to RFE, or do I have to provide an additional fee
for that?
Yes, the contract (retainer) covers RFE as well. No need to provide an
additional fee for that separately.
6. My mother's signature on her passport is in Bengali. Should she give a
Bengali signature on the notarized document in support of the DOB? Or should the
signature be in English in this document?
The signature of the Affidavit of Birth does not have to be the same as in the
passport. She will be able to sign as she wishes in both Bengali and English.
1. What is Writ of Mandamus?
Mandamus is a judicial remedy in the form of an order from a court to any
government, subordinate court, corporation, or public authority, to do some
specific act which that body is obliged under law to do, and which is in the
nature of public duty, and in certain cases one of a statutory duty. In simple
terms, Writ of Mandamus is a type of suit or case to compel the Government
agencies to do their duties, which they are supposed to do under law.
2. What is the benefit of filing a Writ of Mandamus?
The implication of filing a writ of mandamus in an immigration matter is that by
filing a writ of mandamus, you can request the Court to ask the concerned
Government agencies to perform their duties in a timely manner. For example, if
your visa application is stuck in an administrative process, you may file a writ
of mandamus requesting the Court to ask the concerned Embassy or consulate to
adjudicate your visa application within a reasonable time.
3. Is there any negative effect in filing writ of mandamus against Government
Agencies?
Writ of Mandamus is one type of judicial remedy and in every legal dispute,
unless it is between two private individuals, one or more Government agencies
get involved as relevant parties. Filing writ of mandamus against Government
agencies will have no negative impact on the adjudication of your application or
petition.
4. What is the process of filing a Writ of Mandamus with this Law Firm? What is
the timeline to get the result?
You have to send us an email at raju@rajulaw.com or info@rajulaw.com expressing
your interest to file a writ of mandamus. After that our Admin Team will contact
you and initiate the process of retaining you as our client. After retaining you
as our client, the Admin Team will forward the matter to the Litigation Team and
they will take over the case from that moment. The Litigation Team will prepare
the writ in your case and submit it before the Court accordingly. The Litigation
Team will take 14-16 days to prepare and submit your writ before the Court. The
Court may take 3-4 days to issue summons and our Business Support and Services
Team will send those summons physically to the defendants. It may take at best
6-8 weeks to get a response from the concerned agency (USCIS, Embassies,
Consulates, etc.) regarding your case from the date of filing the writ. As such,
the whole process after retaining you as our client may take 10 weeks to
complete.
5. How can I reach you promptly if I need any urgent help?
Please call us at 833-725-8529 or email us at info@rajulaw.com or
raju@rajulaw.com.
6. The visa application includes both F1 and F2, and the U.S. consular put the
case in "Administrative Processing". Will it bring any changes to the agreement
with the law firm?
We will take care of both F1 and F2 in the same Writ of Mandamus.
7. Just like we have the option to raise a request on the USCIS website, does
such a thing exist on court (e.g., checking with court clerk on status maybe
after 20- 30 days of submission)?
You will get automated email notifications time to time from the Court after
submitting the Writ. We can also call the court clerk anytime and ask about the
status of your case. Also, the opposite party’s lawyers will keep us updated.
8. Are you filing for "Petition for Writ of Mandamus" with nature of suit "465
Immigration – Other Immigration Actions" or "899 Other Statutes – Administrative
Procedure Act/Review or Appeal of Agency Decision"?
The process will be followed according to the 465 Immigration Procedure.
9. The status of my case changed to Issued. Does it confirm that the visa has
been approved?
Yes, it confirms that your visa has been approved. However, in such scenarios,
we recommend the clients to collect their passports with visa stamps and inform
us accordingly. Thereafter we inform the Court about it and submit a voluntary
withdrawal motion.
10. What is the overall cost of filing the Writ of Mandamus with your Law Firm?
There are three types of costs involved in filing the writ of mandamus with our
Law Firm:
(a) Attorney Service Fee
(b) Court Fee
(c) Summon Shipment Fee
The Court fee for filing a Writ of Mandamus is US $402. The summon shipment fee
is between US $170-250. It depends upon the number of defendants. The attorney
service fee for F-1/J-1/M-1 based Writ of Mandamus is US $2500 and for other
categories the fee is US $3000.
11.What is the payment process?
You may pay us through Paypal, Lawpay and Zelle. If you are from Bangladesh, you
may pay at our local bank account with local currency. However, if you pay us
through Paypal or Lawpay, you have to pay an extra 3% of the payment that you
are intending to make, which is the service charge for Paypal and Lawpay.
* Application Preparation and Requirements
* Requirement of English Proficiency?
* University and Tuition Fees
* Living Cost and Health Insurance
* Part-time Job Facilities
* Visa Interview
* After Reaching The USA
* Visa Document Preparation, Financial and Others
* Sponsorship
* Scholarship/Financial Aid
* Question Regarding Spouse/Dependent
* Pre-departure
* Regarding Our Package & Service Fee
1. What are the eligibility criteria for students in the U.S. University to
apply?
You must have the minimum CGPA as your preferred course and university
requested.
* IELTS/TOEFL/PTE/Duolingo
* SAT/ACT exam for bachelor’s
* GMAT or GRE for masters/PhD
* Proof of finances (bank statement/ solvency certificate).
2. What are the documents I need to apply for an undergraduate program?
* Proof of successful completion of high school in the form of a diploma or
certificate
* Transcript of high school mark sheets, certificates, diplomas, and all
related documents
* English proficiency test scores
* Proof of finances (bank statement/ solvency certificate).
3. What documents do I need to apply for a postgraduate program?
* Photocopies of mark sheets and certificates attested by the university and
sent by the university official in a stamped and sealed envelope
* Scanned transcripts in a PDF format for online application
* CV/Resume
* Personal Statement
* Letter of Recommendation(s)
* Writing Sample(s)
* Test Score Reports/English Proficiency Test (IELTS/TOEFL/PTE/DUILINGO)
* Portfolio
* Standardized exam score/GRE/GMAT (if applicable)
* A credential evaluation report from one of the approved organizations
Note: Document requirements may vary with different programs. To check the exact
requirements, please refer to the intended course page on the university
website.
4. When is the deadline for Fall intake to apply to the U.S.?
Most Fall intake applications open in August and can close from November to
February/March.
5. Why should one choose Fall intake in the U.S.?
Since the academic year in the U.S. commences during this time, you get the
opportunity for networking and scholarships, which are beneficial for the entire
duration of your degree.
* Another advantage of fall intake over Summer or Spring intake is that all
universities in the U.S. offer all the programs during this time.
* The most significant advantage of enrolling in a university in the U.S.
during fall intake is that you get numerous on-campus job opportunities.
* Enrolling during the Fall intake will give you many opportunities to apply
for internships in the summer. You will meet the minimum nine-month degree
duration criteria.
* Since fall intake begins the academic year, you will also get time to explore
extra-curricular activities.
* The class size is more significant during Fall intake than in the spring and
summer, meaning you are more likely to be accepted into an American
University.
* The fall intake is your best option for choosing a master’s after a
bachelor’s without wasting any crucial time.
6. How to apply for Fall intake in the U.S.?
STEP 1: Start your application procedure as early as possible.
Keep these things in mind.
* Start early. By August, you should shortlist 8 to 12 universities you wish to
apply to, along with their application requirements, due dates, etc., from
their websites.
* Look for scholarships and bank loan options to aid your education by
September.
* It would be best to begin by downloading helpful admission brochures from the
universities’ websites, published a year before the intake.
* You should also perform some early research on various accommodation options.
STEP 2: Now that you have noted the essentials, it is time to appear for and
crack the admission exams.
Here are some helpful tips for this step:
* Begin preparing for standardized exams such as GMAT, GRE, SAT, TOEFL, or
IELTS, depending upon the degree and university.
* Enrolling for GRE or GMAT by June or July or three months before the test
date would be best.
* We advise you to register at least a month before the test date for English
language competency tests such as IELTS or TOEFL.
* Sit for the required exams around September, and please plan for an
intermediary time if you need to retake the tests.
STEP 3: Apply to the colleges and universities on your list. The application
time is between November and March.
Here’s what you should consider:
* You need to prepare well for your application. It’s crucial to include your
strengths and self-appraisal in your letter honestly.
* You must contact your professors and direct managers to get at least 2 to 3
reference letters a month before your application due date.
* The next part is to draft your Statements of Purpose (SOPs) and essays. We
advise you to give it a month to structure these documents properly.
* Apply way before the due date or deadline.
STEP 4: If selected, you will get acceptance letters and interview details via
email from March to April.
Here are a few things to consider:
* Avoid unnecessary delays in replying to college emails. Also, please note
that you will get a few emails, so respond to all of them appropriately.
* You may need to appear for video or personal interviews, usually scheduled
around January to March.
* Once you receive acceptance letters, make your choice as soon as possible.
* To confirm your seat or spot at the university, you have to pay a
non-refundable deposit.
STEP 5: The next step is to apply for a Student Visa and education loan between
May and June.
Here are some tips for your benefit:
* You can search for and apply for external scholarships (if required). You
will not need it in most cases, as American universities provide many
scholarships. You will indeed be eligible for one of them in your
institution.
* You can apply for a student loan after receiving your acceptance letter to
aid your education further.
* Gather all the documents and apply for the U.S. Student Visa as early as
possible because it takes time to process your application.
STEP 6: Book your flight tickets and fly between July and August.
Here’s what you need to plan to avoid a rush:
* Book airline tickets.
* It is essential to get an international debit or credit card.
* Gather all the documents and photocopies you need to take to the U.S.
* Check out a pre-departure checklist and ensure you are ready to go to
America.
STEP 7: Arrive in the U.S.
7. Which intake is the best to apply to U.S. universities?
Fall intake is the best intake to apply to U.S. universities as many courses and
funding are available during this intake.
8. Is GRE mandatory to apply for Fall intake?
No. GRE is not mandatory to apply for Fall intake, but some universities want a
GRE score as their entry requirement, which helps students get full/partial
scholarships.
9. Where will I get a recommendation letter? How many LOR will I need to submit?
Usually, universities ask you to provide two or three LORs from your previous
institution. These could be your teachers from your school in case of
undergraduate courses. And professors from your college in case you are applying
for Masters’s or Ph.D. programs.
10. How many days will it take to get my I-20 after application?
It depends on the particular institution. After the university receives all
required documents, it takes 2–3 weeks for your I-20 to be processed.
11. What are the essential documents needed to apply to U.S. universities?
* Resume/Curriculum Vitae.
* Marksheets and certificates.
* High school diploma or equivalent.
* Letters of Recommendation.
* Entrance Exam Scorecards—SAT/ ACT.
* English Language Proficiency Test Scores.
* Statement of Purpose.
1. What is the minimum required score in IELTS for admission to a
college/university at the undergraduate level?
IELTS overall 6.0 with no less than 5.5 in each element.
2. What is the minimum required score in IELTS for admission to a
college/university at the post-grad level?
In general, a 6.5 score for postgraduate studies. Some courses have different
English proficiency requirements.
3. Is IELTS mandatory for getting an offer letter/ I-20?
Not mandatory. Some universities/colleges accept MOI.
4. Is IELTS mandatory for getting a visa?
IELTS is not mandatory to obtain a student visa.
5. Do I need an SAT/GMAT/GRE score to study in the U.S.?
SAT and ACT scores are required for undergraduate admissions, while GMAT/GRE and
MCAT are required for graduate-level courses.
6. Does having high scores in IELTS positively impact getting partial/full
scholarships in the colleges/universities in the U.S.?
A high IELTS score can certainly help in this regard.
7. A high IELTS score can certainly help in this regard.
If you have an international baccalaureate degree or have previously studied
English, you can apply for a U.S. study visa without IELTS.
8. Can I get admission to ESL programs?
Yes, you can.
9. Can I apply to U.S. universities with a Duolingo Score?
The minimum Duolingo score accepted in universities is 90. Although most
universities require high scores like 120 and above to admit students, some
major U.S. universities also consider students who have scored at least 90 on
the Duolingo test.
1. How many universities can I apply to as an international student?
Even if you have set a clear goal to be a student at a particular university,
applying to at least three universities, even in different states, is always
best and wise.
2. How much is undergraduate tuition in the U.S.?
The average annual tuition fee for undergraduate programs ranges from $8,000
to $20,000.
3. How much are the tuition fees for a master's program in the U.S.?
$15,000 to $25,000 per annum.
4. When to pay semester fees? Before or after getting the visa?
It depends on the university.
5. How can I pay my tuition fees?
You have to open a student file with a bank.
International Wire Transfer – The tuition fees are directly sent to the
university’s account from the bank if the student has taken an education loan;
otherwise, students can directly deposit the tuition fees into the wire transfer
account of the university from their personal account, if they are self-funding
for their studies.
Forex Card – Students can use a Forex card to make payment of tuition fees;
however, the processing fees and exchange rates may vary.
6. What other fees must a student pay besides tuition?
There are two types of costs you need to consider. Study costs include tuition
fees and other charges such as books and equipment. Living costs include
accommodation, food, laundry, bills, and socializing.
1. How much is an international student's living cost per year in the U.S.?
The estimated living cost for an international student in the U.S. is around
$10,000 to $18,000 annually, which averages around $1,000 to $1,500 per month.
This includes accommodation costs, food, travel, textbooks, weather-appropriate
clothing, and entertainment expenses.
2. What is the best place to live in? University dorm/ Off campus?
Living off-campus can be cheaper than university housing. Private apartments are
usually quieter, have fewer distractions, and are therefore better for studying.
Besides, you can have more freedom, privacy, and space. Having a rental history
will make getting a place easier after graduation.
1. Can international students do part-time jobs in the U.S.?
Your U.S. student visa allows you to work on-campus for up to 20 hours per
week during school and full-time during school break periods (up to 40 hours per
week).
2. Can I work off campus during my stay as an international student?
F-1 students may not work off-campus during the first academic year but may
accept on-campus employment under certain conditions and restrictions. After the
first academic year, F-1 students may work off-campus through Curricular
Practical Training (CPT).
3. How much can a student earn on average each month by doing a part-time
job/on-campus job in the U.S.?
The average annual pay for the part-time college student jobs category in the
U.S. was $36,824 a year as of March 2022, which breaks down to $17.70 an hour,
$708 a week, or $3,069 a month.
4. Can a student pay tuition fees and living costs by working part-time in the
U.S.?
Yes, for sure. You can take up part-time jobs while studying in the U.S. and try
to save as much as you can, and if everything goes well and you can save a large
amount of money, you will be able to pay your next semester or next year’s fees
by yourself.
5. What jobs are available for international students in the USA?
* Teaching Assistant.
* Library Assistant.
* Campus Ambassador.
* Research Study Assistant.
* Peer Mentor.
* Preparing or serving food in the campus cafeteria
* Maintaining computer labs
* Working in a fitness center, and more.
1. How much money must I pay for all the fees before getting a visa?
Application fee – $100 (Non-refundable)
Visa/Embassy Fee – $160 (Non-refundable)
SEVIS Fee – $350 (Non-refundable)
2. What are some common questions asked in the visa interview?
Visa interview questions may vary from person to person. Below are some common
questions that the visa officer may ask.
* How many universities did you apply to?
* Why did you choose X university?
* Why did you choose this program?
* Who is your sponsor?
* Do you have a travel history?
* What is your plan after completing your degree?
3. Can I reapply for a visa after getting rejections?
Yes, you can reapply. However, in case of 221(g) refusals, you must submit a new
visa application and pay the visa application fee again to restart the process.
4. What are the reasons behind visa rejection?
* Not following the visa rules
* Incomplete/insufficient travel itinerary
* An insufficient explanation for the purpose
* Travel document discrepancies
* Delayed application
* Insufficient funds
* Incomplete application form
* Information mismatch
* Criminal record
* Poor visa interview
* Insufficient ties with the home country
* Fake documents
* Documents in regional language
* Ineligible sponsor
* Invalid travel insurance
* Unfavorable previous travel history
5. How important is a travel list to get a U.S. visa?
Travel history is not an essential or required document/condition for obtaining
a visa, but having a good travel history can increase your chance of visa
approval.
6. What documents should I carry for the visa interview?
* A printed copy of your appointment letter
* Your DS-160 confirmation page,
* One photograph taken within the last six months
* Your current and all old passports.
* Bank statement for the U.S. visa. It is required as proof of sufficient
funds.
7. Can I face a visa interview with my spouse/kid?
A parent may accompany their child to the interview if their child is below 18.
1. What minimum credits will I need to enroll for the semester?
At most colleges, you have to take 15 credits or five classes for undergraduate
programs. However, it can vary from school to school.
2. Can I switch universities after a semester?
Although you can change colleges after one semester, you should avoid it.
3. Can you transfer your F-1 visa to another school?
An F-1 student can transfer to another school or program of study.
4. Will I get a work permit after graduation? If yes, then for how many years?
Yes, international students can stay in the United States after graduation
to experience the job market. All majors are eligible to receive one year of
Optional Practical Training (OPT), in which they can work for one year with a
work permit. Students with STEM degrees are eligible for three years on OPT.
5. What benefits do OPT and CPT have?
International students benefit from working on CPT, which has to be directly
related to their major.
6. How can I get a job after completing my degree?
Start early. Consider your job search while you are still in college
1. Focus on your job search
2. Write a strong resume
3. Create a professional online presence
4. Use your college as a resource
5. Keep learning
6. Network
Get an internship
1. How much funds do I need to show to study for an undergraduate/postgraduate
program in the U.S.?
You must show one year of tuition fees and living costs.
2. How long should the money be kept in the bank account before facing the visa
interview?
It is safe to show bank statements for the last six months.
1. Who can be my sponsor?
Only one of your first-degree relatives can be your sponsor. First-degree
relatives include parents, siblings, and children.
2. Can a relative already living in the U.S. be my study sponsor?
Blood relatives are also allowed to be your sponsor. Please mention in the
DS-160 form how they are related to you.
3. Will my visa chance increase if my parents/siblings reside in the U.S.?
The closer the relationship, i.e., parents, siblings, spouse, etc., the more
likely you will get a visa.
4. What financial documents should I carry for the visa interview?
Financial documents/proof of funding Include:
* Personal funds: Bank statements in your name showing the account balance.
* Loan certificates/letters (must indicate your name and the approved loan
amount.
* Private sponsors, including parents (must show both of the following):
Sponsor’s bank or other financial statements.
1. Can I get a full/partial scholarship in the U.S.?
World-class universities and colleges in the U.S. provide partial scholarships
for international students as financial support for their studies. Scholarships
are given only to students who have excelled in their studies.
2. How can I get a scholarship to study in the U.S.?
There are thousands of scholarships available to students each year, awarded
based on several factors such as academic performance, athletic ability,
artistic talents, volunteering in an organization, unique background, and much
more.
1. Can I take my spouse and children to the U.S.?
F-1 and M-1 students are eligible to bring their spouses and children who are
unmarried and under 21. They will enter the U.S. with an F-2 visa.
2. Can my spouse get a job while staying with me during my studies?
U.S. visa regulations do not allow F-2 dependents to work in the United States.
J-2 dependents are allowed to work in the U.S. with proper authorization.
1. What items should I take with me?
With luggage weight restrictions, be smart about packing. It is advisable not to
pack your bags with readily available things in the U.S.
1. How much service fee do you charge?
For undergraduates, $1000, and masters, $800.
1. What is an H-1B?
H-1B is an employment-based, employer-sponsored nonimmigrant status that allows
a non-citizen immigrant to work within the United States for up to six years who
lives within or outside of the USA. The six-year period can be extended
incrementally if the employee has an approved I-140. There are different
categories of H-1B; Regular Cap, H-1B Masters Cap, and H-1B Cap Exempt. To apply
for the H-1B visa, you must have an employer willing to sponsor your petition.
It is also known as ‘H-1B specialty occupation’, meaning you must have the
educational background and/or specialized knowledge and skills in the related
field to qualify for the position.
2. What are the minimum educational qualifications required for the H-1B
application?
You must have at least a Bachelorette Degree to be eligible for applying for an
H-1B visa. The degree can be outside of the USA, such as an accredited degree
from anywhere in the world that will qualify for the position. However, an
advanced degree (Master’s or Ph.D.) may be necessary, depending on the position
you are applying for.
3. Can an Associate Degree i.e. a community college degree be considered a
Bachelor degree in this context?
The answer is No. Your community college degree is not complete until you
complete your associate degree from an associated university. So, technically it
will not qualify for the position.
4. What kinds of occupations qualify for H-1B status?
A broad range of professional occupations qualifies for H-1B status. Generally,
professional-level occupations and academic in engineering, biological,
physical, social sciences, mathematics, and business administration will be
eligible for H-1B.
5. Who is eligible to obtain H-1B status?
H-1B status is available to a person who has been offered a temporary
professional position by a U.S. employer. A bachelor’s degree or higher in a
related area is the minimum educational level required for a position to qualify
for H-1B status, and the H-1B employee must have the degree (or higher) normally
required for such position.
6. Am I eligible for H-1B status since I have a bachelor's degree?
Not necessarily. The job itself must require a bachelor’s degree or higher in a
specialized field. Or your employment experiences in the related field can be an
asset too. You must then have (speciality occupation related) degree to qualify
for H-1B status.
7. What are the steps you need to follow to obtain an H-1B visa?
The first step is getting a job offer from a US-based company. The second step
is to apply for the H-1B registration or lottery. The third step follows only if
you get selected in the H-1B Registration process. After getting selected,
employer needs to apply for the H1B petition.
There are two steps in the H-1B petition:
i) Application for the Labor Condition Application, and
ii) application for I-129.
8. How long does it take to obtain the H1B status from the registration to the
approval of I-129?
Usually, USCIS announces the H1B registration dates every year, which is
approximately the first day of March and closes on March 18. However, it can
vary. Please follow the USCIS website for the latest updates. If you are
selected, you can start the H1B petition from April 1 till June 30 to submit
your petition. Within this time period, you need a certified Labor Condition
Application (LCA) (a required step for the H1B petition), which might take 5-7
business days. Once you completely submit your petition, it may take 4 to 6
months (15 working days for premium processing) for the USCIS to approve the
petition. So, the entire time period is usually March 1, to October 1.
9. How much does obtaining the H1B status cost, and who will pay for it?
H1B registration fee is only $10. But if you hire an attorney, the charge varies
and depends on the attorney. For the H1B petition after the registration
selection, the employer must pay USCIS fees such as $460 for I-129, $500 for
Fraud Detection and Prevention fee, and $750/$1500 for ACWIA. For the
application fee calculation, please follow the USCIS website. Along with that,
you also need to pay the attorney fees as required.
10. Is there any wage requirement for H-1B status?
Yes, there are certain wage levels determined by the Department of Labor (DOL)
for every ZIP code area in the U.S. It depends on your place of employment. So,
the employer hiring an H-1B worker must have documentation to prove and then
must certify to the U.S. Department of Labor (DOL) that it will pay the H-1B
employee the prevailing wage or the actual wage, whichever is higher. The
prevailing wage is determined by the DOL for every wage level that your employer
is willing to hire you. The rule is that your employer must pay you either the
same as the prevailing wage or higher, but it can never be less. The employer
makes these declarations, under penalty of perjury, by submitting to DOL for
certification a form called a “Labor Condition Application” (LCA).
11. H-1B Registration Process Timeline [Dates may vary depending on FY. Referred
dates as of 2022]
Feb. 22: Petitioners and registrants can begin creating H-1B registrant accounts
at noon Eastern.
March 1: H-1B registration period opens at noon EST.
March 18: H-1B registration period closes at noon EST.
March 31: Date by which USCIS intends to notify selected registrants.
April 1: The earliest date that FY H-1B cap-subject petitions may be filed.
June 30: The last date to submit your final H-1B, I-129 petition.
12. What documents are required from the employer to hire an H-1B worker?
A certified Labor Condition Application (LCA) from DOL, supporting documents to
prove that they can bear the wage of the employee, i.e., annual reports,
financial statements, marketing documents of the company, and Form I-129, and
G-28, signed by the authorized signatory of the employer.
13. Can you apply for Premium Processing for the H1B petition?
Yes, you can. In that case, the employer must file Form I-907 along with I-129,
G-28, and G-1145. The I-907 premium processing filing fee is $2500 for the FY
2022-2023. It may vary every year. For the update, please follow the USCIS
website.
14. What is the H-1B "cap"?
The cap refers to the limit of H-1B visas allowed per federal fiscal year (FY).
A fiscal year begins on October 1st and ends on September 30th of the following
year. Current regulations set the cap at 65,000 H-1B visas for the entire
country. To check the latest cap and count, please visit the USCIS website.
There is also an exemption from the annual cap for the first 20,000 new H-1B
beneficiaries who have earned a Master’s degree or higher from a U.S.
institution of higher education.
15. What is H-1B Cap Exempt?
Universities and related nonprofit entities, nonprofit research organizations,
and government research organizations are exempt from the cap. These employers
are able to submit an H-1B application to the USCIS at any time during the year
without concern for the fiscal year limit. They do not need H1B registration
selection. However, a person who works for an H-1B cap-exempt employer who
changes jobs to an employer that is not exempt may become subject to the H-1B
cap and have to go through the H1B registration process to change the employer
who does not qualify under the Cap exempt rules.
16. Can I obtain an H-1B while residing outside of the U.S.?
Yes, an employer can apply for the H-1B on your behalf while you are residing
outside of the U.S. Once you get an approved I-129, you can apply for the H-1B
visa stamp at a U.S. Embassy/Consulate in your residing country and enter the
U.S. in that status.
17. Can my place of employment be my home while applying for the H-1B petition?
Yes. It definitely can.
18. Can I change jobs after I get my H-1B?
Yes, you can. However, there is a fine line. H-1B is an employer-specific
status. It permits an H-1B status holder to work only for the employer that
filed the petition. If you decide to change employers, the new employer must
apply for the H-1B on your behalf. This is called H1B Transfer. Your employer
must have a certified LCA and file the I-129, G-28, and G-1145 like a new
petition.
The H-1B is also position-specific. Therefore, if your H-1 B employer wishes to
significantly change your job duties or other conditions of employment after
securing approval of your H-1B petition, the employer must submit an amended
petition to the USCIS. In both of these cases, under certain conditions, you MAY
be eligible to be paid in the new position after the employer has received the
USCIS receipt notice for the H-1B petition (this is called “H-1B portability”).
19. When should I apply for the H1B transfer?
From leaving your current employer to joining a future job, you have a 60 days
time period, which is known as the “Grace period.” The 60 days time period timer
begins the day you leave your current job. The new application must be received
by the USCIS within this grace period.
20. Do I need an approved H-1B transfer to get paid in my new job?
No, you can start working any day within these 60 days grace period (after a
petition is properly filed to and received by the USCIS). Therefore, you do not
need an approved H-1B transfer to get paid. Your employer can issue your
paycheck from the date of Form I-129 receipt notice from the USCIS.
21. Is H-1B status the only way I can qualify to work in the U.S.?
You may be eligible for other types of nonimmigrant (temporary) status that
would allow you to work in the United States, such as the treaty/trader
investment classifications, the TN status for Canadian or Mexican citizens, the
J-1 exchange visitor status, the E-3 status for Australian citizens, or the O-1.
An immigration attorney can advise you about the eligibility requirements for
these immigration categories.
22. What is the role of an attorney in the H-1B petition process?
From the registration to the approval of Form I-129, H-1B is a very complicated
and delicate process. You may apply for the registration by yourself/company,
but you must need an attorney to guide you while applying for the H-1B petition.
An attorney can help you, and the employer presents the best case for approval
of the H-1B status application to the USCIS. However, an attorney cannot
guarantee the success of an H-1B application, nor can an attorney obtain an H-1B
for an unqualified person. In many cases, an attorney may be able to determine
in advance whether or not your position and credentials would qualify for an
H-1B.
23. What status would my spouse and children have when I am granted H-1B Status?
Dependents of H-1B status holders (legal spouse and children under age 21) can
apply for H-4 status. H-4 status holders are eligible to work and study except
in limited situations. For more information, please visit the USCIS website(link
is external).
1. What is asylum?
Asylum is a form of protection granted to individuals who can demonstrate that
they are unable or unwilling to return to their country because of persecution
or a well-founded fear of persecution on account of:
● Race,
● Religion,
● Nationality,
● Membership in a particular social group, or
● Political opinion.
The right to seek asylum was incorporated into international law following the
atrocities
of World War II. Congress adopted key provisions of the Geneva Refugee
Convention
(including the international definition of a refugee) into U.S. immigration law
when it
passed the Refugee Act of 1980.
2. Who is an asylum seeker?
Generally, an asylum seeker is someone who has fled their home in search of
safety and protection in another country. Because he or she cannot obtain
protection in their home country, they seek it elsewhere. Asylum seekers may be
of any age, gender, socio-economic status or nationality—though the majority
come from regions of the world that are suffering from conflict, disaster and
weak rule of law.
If you apply for asylum in the US, then you are an asylum seeker.
On the other hand, “asylee” is the term used in the U.S. for people who have
been granted asylum. Under U.S. immigration law, a person granted asylum is
legally allowed to remain in the country without fear of deportation. They
qualify to work, travel abroad and apply for their spouse or children under the
age of 21 to join them.
3. Is seeking asylum legal?
Yes, seeking asylum is legal—even during a pandemic. Asylum seekers must be in
the
U.S. or at a port of entry (an airport or an official land crossing) to request
the
opportunity to apply for asylum.
During the COVID-19 pandemic, epidemiologists and other public health experts
have
made clear that asylum seekers and their children can be safely processed at the
border using public health measures.
4. How Do I Apply for Asylum?
In the affirmative asylum or defensive asylum processes, to apply for asylum,
you must
complete a Form I-589, Application for Asylum and for Withholding of Removal.
There
are six grounds for Application for Asylum and for Withholding of Removal:
1. race,
2. religion,
3. nationality,
4. membership in a particular social group,
5. or political opinion
6. torture convention
5. To whom is asylum granted?
Asylum is granted to people who are unable or unwilling to return to their home
country
because of persecution or a well-founded fear of persecution on account of race,
religion, nationality, membership in a particular social group, or political
opinion. One
can obtain asylum if in the United States legally or illegally; or refugee
status if outside
of the United States.
6. How long does it take to get a decision for asylum?
The USCIS aims to make a decision on your asylum application within 180 days.
During
this time, you will be required to have your fingerprints taken and attend an
interview at
one of the eight asylum offices.
7. Do I Have the Right to Work?
Asylum seekers do not automatically have the right to work. You may apply for a
work
permit, or “Employment Authorization Document,” (EAD) 150 days after you have
applied for asylum. If approved, you will be eligible to receive your work
permit 180 days
after you applied for asylum. If you are given a “recommended approval for a
grant of
asylum” before the 150 days, you can apply for a work permit immediately.
8. How Long Must an Asylum Applicant Wait Before Qualifying for an EAD?
In order to apply for an EAD with a pending application, you will need to have
been
waiting 180 days or more with no initial decision on your application from the
asylum
office or from the immigration court.
9. Can I Apply for a Social Security Number?
Asylum seekers can apply for a SSN. Usually an asylum seeker applies for SSN
while
applying for the EAD.
10. To What Benefits May I Be Entitled After I Am Granted Asylum?
Asylees are eligible to apply for certain benefits, including an Employment
Authorization
Document (EAD), an unrestricted Social Security card, cash and medical
assistance,
employment assistance, and a Refugee Travel Document.
11. What Will Be My Status After I Am Granted Asylum?
You will have asylee status. You will receive an I-94 Arrival and Departure
record
documenting that you are able to remain indefinitely in the United States as an
asylee.
You will be authorized to work in the United States for as long as you remain in
asylee
status. You may obtain a photo-identity document from USCIS evidencing your
employment authorization by applying for an Employment Authorization Document
(EAD). You will also be able to request derivative asylum status for any spouse
or child
(unmarried and under 21 years of age as of the date you filed the asylum
application, as
long as your asylum application was pending on or after Aug. 6, 2002) who was
not
included as a dependent in your asylum decision and with whom you have a
qualifying
relationship. This means that you will be able to petition to bring your spouse
and/or
children to the United States or allow them to remain in the United States
indefinitely
incident to your asylee status.
12. What Does It Mean to be Referred to Immigration Court?
This means that the asylum officer was unable to approve your asylum application
and
you are not currently in valid status. You will receive charging documents that
place you
in removal proceedings in Immigration Court. Your asylum application will be
referred to
the Immigration Court for an Immigration Judge to decide during the removal
proceedings.
13. When Will I Be Notified About the Decision on My Asylum Claim?
In most cases, you will return to the asylum office where your interview was
held two
weeks after the interview to pick up your decision. However, there may be longer
processing times if you were interviewed at a district office, are currently in
valid status,
or if your case will be reviewed by Asylum Division Headquarters staff. You will
generally receive the decision by mail if any of these circumstances occur.
14. Can asylum seekers bring family?
Yes. Your spouse and unmarried children under 21 years of age may be able to
obtain
derivative asylum status. You may ask to have them included in your asylum
decision if
they are in the United States; or if you are granted asylum, you can petition to
bring
them to the US. (This must be done within 2 years of you being granted asylum).
15. Can children under the age of 18 (minors) apply for asylum by themselves?
Yes. You may apply for asylum as a minor if you are under 18 years of age and
want to
have your own case separate from your parents or spouse. You may also apply for
asylum as an unaccompanied minor if you are under 18 years of age; have no
parent or
legal guardian in the US that can provide care or custody; or were separated
from your
parent or legal guardian.
16. Can I Register My Child in School?
In the U.S., every child, regardless of their immigration status, has the right
to a free
public education kindergarten through grade 12. If you are the parent or
guardian of a
child under the age of 18, by law you are required to send your child to school.
Some
states require school attendance only through age 16. Visit your state’s Board
of
Education website for more information.
17. Can I Get a State Identification (ID) Card?
Each state makes its own rules as to whether asylum seekers are allowed to get
state
IDs. If you are eligible to apply for a state ID, call your local Department of
Motor
Vehicles (DMV) office to know what documents you will need to bring. Depending
on
your state, you may also be allowed to get a driver’s license.
18. I live overseas and I suffer persecution. Can you help me file for asylum?
Asylum can only be filed if you are currently in the United States and
preferably within
one year of your entry into the U.S. If you require assistance from overseas,
you would
need to file for refugee status through a referral to the U.S. Refugee
Admissions
Program (USRAP) for consideration as a refugee.
19. What if I did not apply for asylum within one year of arriving in the United
States?
You may still file your application after one year of coming to the U.S. and
qualify for an
exception to the one-year deadline if you can prove that you were unable to file
within
the one year because of exceptional circumstances (changed or extraordinary
circumstances).
If the individual establishes that it is more likely than not that his life or
freedom would
be threatened on account of their race, religion, nationality, membership in a
particular
social group, or political opinion, that person may be eligible for withholding
of
removal or deferral of removal. Individuals who satisfy the torture requirement
may be
eligible for withholding of removal or deferral of removal under the Convention
Against
Torture.
20. Can I Still Apply for Asylum Even if I Am in the United States Illegally?
Yes. You may apply for asylum with USCIS regardless of your immigration status
if:
● You are not currently in removal proceedings
● You file an asylum
application within 1 year of arriving in the United States or
demonstrate that you are within an exception to that rule.
21. Can I Apply for Asylum Even if I Was Convicted of a Crime?
Yes, but you may be barred from being granted asylum depending on the crime. You
must disclose any criminal history on your Form I-589, Application for Asylum
and for
Withholding of Removal, and at your asylum interview. If you do not disclose
such
information, your asylum claim will be referred to the immigration court and may
result in
fines or imprisonment for committing perjury.
22. When Will I Need to Be Fingerprinted?
USCIS will send you a notice to go to a USCIS Application Support Center (ASC)
to
have your fingerprints taken after we receive your asylum application. You are
exempt
from the fingerprinting fee and do not need to submit a fingerprint card. Your
spouse
and children will also need to be fingerprinted if they are between 12 years and
9
months of age and 79 years of age.
23. What Happens if My Child Turns 21 Years Old After I Have Filed My Asylum
Application?
Your child will continue to be eligible as a dependent on your asylum
application if they
turned 21 after you filed your application and while it remains pending.
24. What Is the Fee to Apply for Asylum?
There is no fee to apply for asylum.
25. How Long Does the Affirmative Asylum Process Take?
A decision should be made on your asylum application within 180 days after the
date
you filed your application unless there are exceptional circumstances.
26. Can Anyone Help Me with My Affirmative Asylum Interview?
You have a right to bring a lawyer or representative to your asylum interview
and to
immigration proceedings before an immigration court.
27. What if I Don’t Speak English?
You must bring an interpreter if you do not speak English fluently. The
interpreter must
be fluent in both English and a language you speak and must be at least 18 years
old.
USCIS does not provide any interpreters during the asylum interview. The
following
people cannot serve as your interpreter:
● Your attorney or representative of record,
● A witness testifying on your behalf at the interview,
● A representative or employee of your country.
28. Can I submit a document that is not written in English?
If you have a document that is not in English, you are required to provide a
certified
translation of the document in English.
29. What if I Need to Travel After I’ve Applied for Asylum?
If you applied for asylum and have not yet received a decision, you should not
leave the
United States without first obtaining advance parole. Advance parole allows
certain
individuals to return to the United States without a visa after traveling
abroad. If you
leave the United States without first obtaining advance parole, we will presume
you
abandoned your asylum application. Advance parole does not guarantee that you
will
be allowed to reenter the United States.
30. Is the Information I Provide on My Application Protected?
Yes, asylum-related information may not be shared with third parties without the
asylum
applicant’s written consent or the Secretary of Homeland Security’s specific
authorization.
31. If I Am a Child, Can I Still Apply for Asylum?
Yes. For more information on children applying for asylum, see the Asylum
Procedures
for Minor Children page from the USCIS website.
32. Do I need to go to my Immigration Court hearing even if I don’t have an
attorney?
Yes. If you fail to attend your Immigration Court hearing, the Judge may order
you
removed from the United States. At your hearing, you can ask the Judge for more
time
to find a lawyer.
33. I received asylum. Can I apply for a green card or citizenship?
If you are granted asylum, you may apply for a green card (also known as lawful
permanent residence) one year after the date upon which you were granted final
asylum
status. Generally, a green card holder can apply for U.S. citizenship after 5
years of
continuous permanent residence. Since asylees’ green cards are backdated one
year,
they can apply to naturalize four years after obtaining permanent residence.
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