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Business Related Immigration Matters

Thu, 17 Sep 2026 18:50:21 GMT

EMPLOYMENT BASED PETITIONS

Temporary Workers

CW-1: A CNMI-Only transitional worker

E Treaty Categories (E-1/E-2/E3): Traders; Investors; Specialty Occupation Professionals from Australia

H Categories (H-1B/H-1C/H-2A/H-2B/H-3): Specialty Occupations; Fashion Models; Registered Nurse; Agricultural Workers; Nonimmigrant Trainee

I Representatives of Foreign Media

L Intra-company Transfer Categories (L-1A/L-1B): Executive/Manager Transferees; Transferees with Specialized Knowledge

O-1 Individuals with Extraordinary Ability /Achievement

P Categories (P-1A/P-1B/P-2/P-3): Internationally Recognized Athletes; Internationally Recognized Entertainment Group: Performer/Group under Reciprocal Exchange Program; Artist/Entertainer under Culturally Unique Program

Q Cultural Exchange

R-1 Temporary Religious Workers

TN NAFTA Professionals: Temporary Work Visas for Canadian and Mexican Professionals

Permanent Workers

EB Categories (EB-1/EB-2/EB-3/EB-4/EB-5):

EB-1/First Preference: Reserved for persons of extraordinary ability in the sciences, arts, education, business, or athletics; outstanding professors or researchers; and multinational executives and managers.

EB-2/Second Preference: Reserved for persons who are members of the professions holding advanced degrees or for persons with exceptional ability in the arts, sciences, or business.

EB-3/Third Preference: Reserved for professionals, skilled workers, and other workers.

EB-4/Fourth Preference: Reserved for “special immigrants,” which includes certain religious workers, employees of U.S. foreign service posts, retired employees of international organizations, alien minors who are wards of courts in the United States, and other classes of aliens.

EB-5/Fifth Preference: Reserved for business investors who invest $1 million or $500,000 (if the investment is made in a targeted employment area) in a new commercial enterprise that employs at least 10 full-time U.S. Workers.

Travel Visas and Documents

Student and Exchange Visas and Documents

Employer-Based Visas

Thu, 17 Sep 2026 18:50:21 GMT

Employer-Based Visas

Employment Based Visas

An employer can sponsor his employee's Green Card. It is a multi step process, which involves certain document work confined by few rules and regulations. There are few categories for granting permanent residence to the foreign nationals, based on employment skills. The categories are:

EB1, EB2, EB3, EB4, EB5. Most of the technical workers fall under first 3 categories:

EB1: People with extraordinary ability in the science, arts, education, business or athletics, professors, researchers and Ph.D. holders etc. fall under this category. It also includes people working here as managers and executives on international transfer basis (Company transfer L1 holder)
EB2: This includes people with extra ability in the field of science, arts or business, and advanced degree professionals (PG. degree holder).
EB3: This includes professionals with Bachelor/ Graduate degree, and other skilled workers.

The employment based green card is a 4 step process:

Labor Certification Process: must be filed by employer to DOL (Department of Labor)

Petition for Immigration, I-140 must be filed by employer

Form I-485 Adjustment of Status or Consular Processing:

File I-485 and other supporting documents with INS, for yourself and family within USA. At this time you can also file for EAD (Employment Authorization Document) and AP (Advance Parol or Travel Document) , once you file for I-485, you will be required to do fingerprinting.

In this case Step 2 and 3 can go parallel, known as concurrent filing, however I-485 can't be approved without approval of I-140.

Take consular processing Interview at a US consulate in your Home Country

Get the stamping in your passport and receive the Plastic Card

Investors' Visas (E-2 types)

Thu, 17 Sep 2026 18:50:21 GMT

Investors' Visas (E-2 types)

The E-2 nonimmigrant classification investors' visa allows a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation) to be admitted to the United States when investing a substantial amount of capital in a U.S. business. Certain employees of such a person or of a qualifying organization may also be eligible for this classification.

WHO MAY FILE FOR CHANGE OF STATUS TO E-2 CLASSIFICATION

If the treaty investor is currently in the United States in a lawful nonimmigrant status, he or she may file Form I-129 to request a change of status to E-2 classification. If the desired employee is currently in the United States in a lawful nonimmigrant status, the qualifying employer may file Form I-129 on the employee's behalf.

HOW TO OBTAIN E-2 CLASSIFICATION IF OUTSIDE THE UNITED STATES

A request for E-2 classification may not be made on Form I-129 if the person being filed for is physically outside the United States. Interested parties should refer to the U.S. Department of State website for further information about applying for an E-2 nonimmigrant visa abroad. Upon issuance of a visa, the person may then apply to a DHS immigration officer at a U.S. port of entry for admission as an E-2 nonimmigrant.

PERIOD OF STAY

While holding an investors' visa Qualified treaty investors and employees will be allowed a maximum initial stay of two years. Requests for extension of stay may be granted in increments of up to two years each. There is no maximum limit to the number of extensions an E-2 nonimmigrant may be granted. All E-2 nonimmigrants, however, must maintain an intention to depart the United States when their status expires or is terminated.

An E-2 nonimmigrant who travels abroad may generally be granted an automatic two-year period of readmission when returning to the United States. It is generally not necessary to file a new Form I-129 with USCIS in this situatio n.

FAMILY OF E-2 TREATY INVESTORS AND EMPL OYEES

Treaty investors and employees may be accompanied or followed by spouses and unmarried children who are under 21 years of age. Their nationalities need not be the same as the treaty investor or employee. These family members may seek E-2 nonimmigrant classification as dependents and, if approved, generally will be granted the same period of stay as the employee. If the family members are already in the United States and are seeking change of status to or extension of stay in an E-2 dependent classification, they may apply by filing a single Form I-539 with fee. Spouses of E-2 workers may apply for work authorization by filing Form I-765 with fee. If approved, there is no specific restriction as to where the E-2 spouse may work.

As discussed above, the E-2 treaty investor or employee may travel abroad and will generally be granted an automatic two-year period of readmission when returning to the United States. Unless the family members are accompanying the E-2 treaty investor or employee at the time the latter seeks readmission to the United States, the new readmission period will not apply to the family members. To remain lawfully in the United States, family members must carefully note the period of stay they have been granted in E-2 status, and apply for an extension of stay before their own validity expires.

Petition for Immigrant Worker (I-140, EB-5 Types)

Thu, 17 Sep 2026 18:50:21 GMT

Petition for Immigrant Worker (I-140, EB-5 Types)

An I-140 petition is the second step in the Green Card process. Once the Labor Certificate is approved, the employer will file a Form I-140 (called a Petition for Immigrant Worker) on behalf of the employee.

Employer should demonstrate that the company is in a good financial position to capable of paying the salary advertised for the job. For this purpose employer's financial statement and corporate income tax return documents also required. The employer should file for the I-140 petition, with the following documentation:

Completed Form I-140
Approved Labor Certificate
Filing fee of $190 by check or money order made payable to the relevant USCIS regional Service Center
Proof of the financial position of the employer/company in the form of an audited financial statement or a statement from the CFO of your company.
Experience letters from all previous employers.
Other documents such as degree certificates, qualification letters etc. may be required.

(Note: At this stage no documents are required for the family member of the sponsored applicant)

When the Form I-l40 employment-based immigrant visa petition is submitted to the USCIS Service Center, the petitioner must indicate whether the beneficiary will apply for "consular processing" at an American Consulate overseas for an immigrant visa or will apply for adjustment of status (AOS or I-485) to permanent residence with the INS.

What Happens After the I-140 Petition is Filed?

After the USCIS receives the I-140 petition packet, it will issue a Receipt Notice and assign a file number to the case. This is an acknowledgment of receipt. If the USCIS accepts your petition then an Approval Notice will be issued.

How Long Does it Take for the USCIS to Approve the I-140 Petition?

The amount of time taken by the USCIS to issue an Approval Notice depends entirely on the backlog at the particular Service Center where your petition was filed. Usually it takes no more than 3 months for this process to be completed, however, processing time may vary from case to case.

Does an Approved I-140 Petition Change Immigration Status?

No, an approved I-140 petition will not change your nonimmigrant status. You will remain on the same status as before the petition was filed.

Can Forms I-140 and I-485 be filed simultaneously?

Yes, this is known as concurrent filing. If you have filed an I-140 petition, you are eligible to file I-485 (Adjustment of Status) application. You can do so by submitting the Receipt Notice of the pending I-140 with the I-485 application. Additionally, applications for Employment Authorization (EAD) and Advance Parole may be filed with the I-485 application. Family members (spouse, children) can also file I-485 at this time.

If I-140 and I-485 are Filed Concurrently Will the USCIS Process Both Simultaneously?

Yes, now a concurrently filed I-140 and I-485 petition will be adjudicated simultaneously. However, if your I-140 is denied, I-485 will also be rejected.

Family Based Visas

Thu, 17 Sep 2026 18:50:21 GMT

Family Based Visas

A lawful permanent resident (Green Card holder) is a foreign national who has been granted the privilege of permanently living and working in the United States. One of the requirements of applying for US citizenship is to be a permanent resident for a continuous five years. If a person wants to become a lawful permanent resident based on the fact that he/she has a relative who is a citizen of the United States, or a relative who is a lawful permanent resident, the person must go through a multi-step process.

Perks of Being a Green Card Holder/Permanent Resident

As a permanent resident, holding a family-based visa, a person may have most of the rights of a United States Citizen. However, there are some exceptions:

Rights

To live permanently in the United States, provided the person does not commit any actions that would make him/her removable (deportable) under Immigration Laws.
To be employed in the United States for any type of legal work that the person chooses and is qualified for.
To be protected by all of the laws of the United States, the person's state of residence and local jurisdictions.
To vote in local elections where United States Citizenship is not required.

Exceptions

Some jobs will be limited to United States Citizens due to security concerns.
The permanent resident may not vote in elections limited to United States Citizens.

International Travel

A Green Card/Family-Based Visa holder can travel freely outside of the US. A passport from the country of citizenship is normally all that is needed. To reenter the US, a Permanent Resident normally needs to present the Green Card (Permanent Resident Card, Form I-551) for readmission. A re-entry permit is needed for re-entry for trips greater than one year but less than two years in duration.

Green Card Expiration

The Permanent Resident Card currently is issued with 10-year validity. Status as a Permanent Resident does not expire with the 10-year validity; only the card expires. The card must be renewed before it expires.

There is also a conditional permanent resident card, which expires in 2 years and the holder will be deported if action is not taken. If the Green Card was received by marriage which was issued to the person when the marriage was less than 2 years old then the person most likely will have a conditional permanent resident card.

Conditional Permanent Status

After your marriage, your new spouse will initially receive conditional permanent residence status for two years. Conditional permanent residency is granted when the marriage is less than two years old at the time of adjustment to permanent residence status. The difference between a conditional and an unconditioned permanent resident is that permanent resident status will expire in two years from when it was given, unless the person successfully petitions to have the condition removed. As a new couple, Form I-751 must be filed during the 90-day period immediately before the second anniversary of the date the alien spouse was granted conditional permanent residence.

Sponsoring Relatives

A Permanent Resident can petition for relatives, such as his/her spouse and children to join him or her in the United States as immigrants. If the person had a spouse and children when he/she became a Permanent Resident, they may be eligible for permanent residence through the person without filing separate petitions. This depends on how the individual qualified for permanent residence. To determine whether this possible, you should seek the aid of the Immigration Attorneys at Garg & Associates, P.C.

Sponsor Eligibility (American National)

In order to be eligible to sponsor a relative to immigrate to the United States, the sponsor must meet the following criteria:

A sponsor must be a citizen or a lawful permanent resident of the United States and be able to provide documentation proving status.

A sponsor must prove that he/she can support the relative at 125% above the mandated poverty line.

If the sponsor is a US Citizen he/she may petition for the following foreign national relatives to immigrate to the United States; however the sponsor must be able to provide proof of the following relationships:

Husband or wife;

Unmarried child under 21 years old;

Unmarried son or daughter over 21 years of age;

Married son or daughter of any age;

Brother or sister, if sponsor is at least 21 years old; or

Parent, if sponsor is at least 21 years old.

If the sponsor is a lawful permanent resident he/she may petition for the following foreign national relatives to immigrate to the United States; however the sponsor must be able to provide proof of the following relationships:

Husband or wife; or

Unmarried son or daughter of any age.

There are certain relatives that a sponsor cannot file this petition on behalf of.

Applicant Eligibility (Foreign National)

To be eligible for lawful permanent residence based on a family relationship the applicant must meet the following criteria:

The applicant must have a relative who is a US citizen or a lawful permanent resident that can provide documentation proving their status and is willing to sponsor the applicant for lawful permanent residency by filing the I-130, Petition for Alien Relative.

The relative must be able to prove they can support the applicant by providing documentation that their income is 125% above the mandated poverty line for their family, including the applicant and all other sponsored family members.

If the relative is a US Citizen and they can legally prove the applicant shares one of the following relationships, the applicant may be eligible for lawful permanent residency:

Husband or wife;

Child under 21 years old;

Unmarried son or daughter over 21;

Married son or daughter of any age;

Brother or sister if applicant is at least 21 years old; or

Parents if applicant is at least 21 years old.

If the relative is a lawful permanent resident and they can legally prove the applicant shares one of the following relationships, the applicant may be eligible for lawful permanent residence:

Husband or wife; or

Unmarried son or daughter of any age.

(Note: The definition of "immediate relative" includes widows of U.S. citizens, provided that the foreign national was the spouse of the citizen for at least 2 years prior to the citizen's death and was not legally separated from the citizen at the time of his/her death.)

Immigrant Visas Ineligibility/Waiver

The Immigration Laws of the United States, in order to protect the health, welfare, and security of the United States, prohibit the issuance of a visa to certain applicants. Examples of applicants who must be refused visas are those who: have a communicable disease such as tuberculosis, have a dangerous physical or mental disorder, are drug addicts; have committed serious criminal acts; are terrorists, subversives, members of a totalitarian party, former Nazi war criminals; have used illegal means to enter the United States; or are ineligible for citizenship. Some former exchange visitors must live abroad for two years. Physicians who intend to practice medicine must pass a qualifying exam before receiving Immigrant Visas. If found to be ineligible, the consular officer will then advise the applicant if the law provides for some form of waiver.

Naturalization and Citizenship

Thu, 17 Sep 2026 18:50:21 GMT

Naturalization and Citizenship

Houston Naturalization Lawyers and Houston Citizenship Attorneys

If you meet certain requirements, you may become a U.S. citizen either at birth or after birth. To become a citizen at birth, you must:

Have been born in the United States or certain territories or outlying possessions of the United States, and subject to the jurisdiction of the United States; OR
had a parent or parents who were citizens at the time of your birth (if you were born abroad) and meet other requirements
To become a citizen after birth, you must:
Apply for "derived" or "acquired" citizenship through parents
Apply for naturalization

THE NATURALIZATION TEST

Most naturalization applicants are required to take a test on:

English
Civics (U.S. history and government)

THE VALUE OF U.S. CITIZENSHIP

The United States has a long history of welcoming immigrants from all parts of the world. America values the contributions of immigrants who continue to enrich this country and preserve its legacy as a land of freedom and opportunity.
Deciding to become a U.S. citizen is one of the most important decisions in an individual's life. If you decide to apply to become a U.S. citizen, you will be showing your commitment to the United States and your loyalty to its Constitution. In return, you are rewarded with all the rights and privileges that are part of U.S. citizenship.

Deferred Action

Thu, 17 Sep 2026 18:50:21 GMT

Deferred Action

Immigration Attorneys Houston & The Woodlands

At Garg & Associates, P.C. we provide complete legal services related to the deferred action initiative created under the first Obama administration. It became effective on June, 2012. Anyone who was 31 years old or less by June 15th, 2012, arrive into the U.S. before turning 16, has no significant past criminal history, has a high school diploma or its equivalent, and has resided here in the U.S. since June 15th, 2007, need to contact our offices right away. You may be eligible to work in the U.S. legally on an Employment Authorization Document.

PROVISIONAL WAIVER

At Garg & Associates we work directly with provisional unlawful presence waivers. This became effective this past 4th of March of 2013. Under this provision, any beneficiary on a family based petition can file for this waiver here in the U.S. while waiting for the interview to be scheduled and take place abroad. If anyone entered the U.S. without inspection and is the beneficiary on a family based petition, need to contact us at once, so no time is wasted."

Removal of Condition / Adjustment of Status

Thu, 17 Sep 2026 18:50:21 GMT

Removal of Condition / Adjustment of Status

Removal of Condition / Adjustment of Status

Adjustment of Status is the final stage of the Green Card process. After completion of the Adjustment of Status, the applicant becomes a lawful permanent resident of the US.

An applicant has the option of filing the I-485 or Consular Processing (CP).

File form I-485 - In this case, the applicant can file for adjustment of status using form I-485 for him/herself and family members while remain in the United States.
Consular Processing - In this case, applicant can apply for adjustment of status at the US Consular office in his/her home country. (Please see Consular Processing for further information.)

Documentation Required to file Form I-485?

The following is a conventional list of documents that may be required for applying for the I-485/Adjustment of Status application:

Form I-485 - Application to Register Permanent Residence or to Adjust Status.
Birth Certificate
Copy of Passport page with Nonimmigrant Visa
Two Color Photographs as per new guidelines
Fingerprints (USCIS will notify when and where to get fingerprinting done)
Form G-325A, Biographic Information
Employment Letter - on employer's letterhead. This letter should confirm that the job on which the visa petition is based is available to the alien and it should mention the salary/wages to be paid.
Copy of the person?s I-797 Notice of Action, showing that his/her I-140, Immigrant Petition for Alien Worker, has been received or approved by INS.
Form I-693, Medical Examination of Aliens Seeking Adjustment of Status. (This must be completed by the USCIS authorized physician)
Form G-28 Notice of Entry of Appearance as Attorney or Representative. This will enable a lawyer to represent the alien?s interests
Form I-765, Application for Employment Authorization or EAD (Optional. If the person wishes to be employed while the case is pending)
Form I-131, Application for Travel Document (Optional. If the person wants a Travel document in case he/she may have to travel out of USA while the case is pending)
The alien might be required to submit copies of marriage or divorce certificate, death certificate (of spouse), birth certificates for children and certified copies of any arrests or criminal records, depends on your case.
Other then these, there may be additional documents required which depends on individual cases. Advice from the Immigration Attorneys at Garg & Associates PC can be well worth the time.

Medical Examination

All Adjustment of Status applicants must pass a medical examination conducted by a civil surgeon approved by the USCIS. USCIS approved civil surgeons in specific areas can be found online.

USCIS' National Customer Service Center can be contacted at 1-800-375-5283 to find an approved civil surgeon in a specific area. The civil surgeon will record the results of the Medical Examination on the Form I-693 and must put it in a sealed envelope which should be submitted to USCIS along with I-485 application.

The foreign national is responsible for paying all doctor and laboratory fees for the exam. Also, the foreign national must carry his/her passport (or another form of photo identification) medical history, and vaccination history. If a condition is diagnosed which makes the alien inadmissible, he/she may still be eligible for immigration after completing treatment for the condition.

Fingerprinting

When applying for an Adjustment of Status, the applicant will be fingerprinted so the USCIS can check for FBI and criminal records. The USCIS accepts fingerprint cards prepared only by authorized sites such as Application Support Centers (ASCs), and US Consular offices and military installations abroad. Once the applicant files for I-485, the USCIS will send him/her a letter with an appointment for fingerprinting at the nearest ASC location. The letter must be with the applicant and presented when he/she goes in for fingerprinting. There is a $70 charge per person. Once fingerprints are taken he/she will be issued a card FD-258.

(Note: The applicant should not submit the FD-258 card with his/her application. If this is done, then the card will be rejected and he/she will have to go for fingerprinting again.)

Employment Authorization Document (EAD), Form I-765

U.S. employers must check to make sure all employees, regardless of citizenship or national origin, are allowed to work in the United States. If the person is not a citizen or a lawful permanent resident, he/she may need to apply for an Employment Authorization Document (EAD) to prove that he/she may work in the United States.

Application for EAD can be filed concurrently along with I-485 or any time after that as long as I-485 application is pending. The following documents must accompany the form:

Fee of $340 payable by check or money order
2 passport photographs taken within 30 days of filing the application and as per the new guidelines.
Copies of both sides of the I-94 card
Copies of both sides of the EAD if the person already has one.

Depending on the particular service center, EAD approval may take few weeks to few months to get approval. For those who are secondary applicants and do not have a Social Security Number or are not allowed to work can apply for a Social Security Number after receiving the EAD Card.

Advance Parole (Travel Document)

The Advance Parole or Travel Document is used to apply for admission to the United States upon return from abroad without having to obtain a visa from a US Embassy or consulate. The alien must complete Form I-131 for Advance Parole. There is a non refundable Filling fee of $305 to be paid by check or money order. This document is usually issued for the time it takes for the Adjustment of Status application to be processed and is valid for multiple entries. Once an Advance Parole (Travel Document) application is approved, the applicant will receive 2 copies of form I-512. The alien must carry these 2 copies when he/she travels out of the US for the first time. One copy will be taken by the USCIS officer at the port of entry. The second copy is for the alien and should be used during all subsequent trips.

What Happens if the 6-year Limit on H-1B Visa expires During This Time?

Once an individual files for Adjustment of Status, the status is considered to be "applicant for adjustment of status." Thus the individual may remain in the US even after the 6-year limit has expired until the I-485 process is completed. If the individual had not applied for Adjustment of Status and the 6-year limit is reached, then he/she must apply for a 1-year or 3-year extension of the H-1B Visa. Whether the individual is qualified to apply for an H-1B extension will depend on the status of the employment based green card application.

Can a Spouse and/or Children Be Included in the Application for Adjustment of Status?

Yes, the spouse and/or children aged less than 21 at the time of filing can be included in the I-485 application for Adjustment of Status. Documents must be submitted with the Adjustment of Status for each dependent (except form G-28). In addition, Form I-134 (Affidavit of Support) may need to be filed for each dependent. Other documents may include:

Copy of passport with I-94
Copy of I-797 and H-4 visa
Copy of Birth certificate
Copy of Marriage certificate
Original Bank statements
Passport photos as per new regulations

New requirements for Immigration Photographs

The USCIS will now accept standard passport photographs where the subject is facing the camera. Applicants who submitted applications before 01 September 2004 will not need to make any changes, but new applicants will have to comply with the changed regulations. All photos must be identical.

Will the Applicant Have to Appear for an Interview?

Usually the interview is waived for most applicants. If the applicant is called for an interview, it will be a formality. It is advisable to have a lawyer accompany the applicant. The reason for the interview is to clarify any changes or corrections and to verify that all documents are correct. The applicant may be asked to bring documents that were missing or incorrect. Additionally, the applicant may be asked for tax records and pay stubs.

If the interview is waived (or if it is completed and the applicant meets all requirements) he/she will receive an approval letter from the USCIS. The applicant must go to the local USCIS service center with his/her passport and all I-94 and EAD cards. A temporary green card stamp (I-551) will be placed on the applicant?s passport. This is an interim green card in case the applicant needs to travel out of the US. Within a few months, the green card will arrive in the mail - it is not green in color and looks more like a driver's license or a credit card.

Renewal / Replacement of Permanent Resident Card

Thu, 17 Sep 2026 18:50:21 GMT

Renewal / Replacement of Permanent Resident Card

Green Card

A Green Card is a Permanent Visa to the Unites States. A Green Card gives an individual the status of a permanent resident and the legal rights to work in the U.S. Once an individual had obtained a Green Card, he/she may apply for American citizenship.

Benefits of Being a Green Card Holder

A Green Card gives a person a permanent U.S. resident status, which allows him/her freedom to leave and return to the U.S., to seek employment, to study according to his or her wishes. Also, it provides the same rights as an American citizen, while allowing the individual to retain citizenship in his/her native country. With a permanent resident status (Green Card), a person could expand his/her business in America without any problems.

Different Methods for Obtaining a Green Card

There are certain conditions and categories applied by INS for green card, important ones are discussed here. For more information please contact the attorneys at Garg & Associates PC. There are 5 main ways an individual can obtain permanent residency or a Green Card:

Sponsorship by an Employer
Sponsorship by a Family Member in the United States
The Diversity Visa Lottery Program
Asylum & Refugee Status
Investment

Student Visa (F-1)

Thu, 17 Sep 2026 18:50:21 GMT

Student Visa (F-1)

If you would like to study as a full-time student in the United States, you will need a student visa. There are two nonimmigrant visa categories for persons wishing to study in the United States. These visas are commonly known as the F and M visas. You may enter in the F-1 or M-1 visa category provided you meet the following criteria:

You must be enrolled in an "academic" educational program, a language-training program, or a vocational program
Your school must be approved by USCIS
You must be enrolled as a full-time student at the institution
You must be proficient in English or be enrolled in courses leading to English proficiency
You must have sufficient funds available for self-support during the entire proposed course of study
You must maintain a residence abroad which he/she has no intention of giving up.

The F-1 Visa (Academic Student) allows you to enter the United States as a full-time student at an accredited college, university, seminary, conservatory, academic high school, elementary school, or other academic institution or in a language training program. You must be enrolled in a program or course of study that culminates in a degree, diploma, or certificate and your school must be authorized by the U.S. government to accept international students.

M-1 STUDENT VISA

The M-1 visa (Vocational Student) category includes students in vocational or other nonacademic programs, other than language training.

EMPLOYMENT

F-1 students may not work off-campus during the first academic year, but may accept on-campus employment subject to certain conditions and restrictions. There are various programs available for F-1 students to seek off-campus employment, after the first academic year. F-1 students may engage in three types of off-campus employment, after they have been studying for one academic year. These three types of employment are:

Curricular Practical Training (CPT)
Optional Practical Training (OPT) (pre-completion or post-completion)
Science, Technology, Engineering, and Mathematics (STEM) Optional Practical Training Extension (OPT)

M-1 students may engage in practical training only after they have completed their studies.

For both F-1 and M-1 students any off-campus employment must be related to their area of study and must be authorized prior to starting any work by the Designated School Official (the person authorized to maintain the Student and Exchange Visitor Information System (SEVIS)) and USCIS.

For more information on the Student and Exchange Visitors Program, see the "Student & Exchange Visitor Program, Immigration & Customs Enforcement" link to the right.

Cultural / Exchange Visa (J-1)

Thu, 17 Sep 2026 18:50:21 GMT

Cultural / Exchange Visa (J-1)

Cultural/Exchange Visa (J-1)

The J-1 classification (exchange visitors) is authorized for those who intend to participate in an approved program for the purpose of teaching, instructing or lecturing, studying, observing, conducting research, consulting, demonstrating special skills, receiving training, or to receive graduate medical education or training.

In carrying out the responsibilities of the Exchange Visitor Program, the Department of State designates public and private entities to act as exchange sponsors. J-1 nonimmigrants are therefore sponsored by an exchange program that is designated as such by the U.S. Department of State. These programs are designed to promote the interchange or persons, knowledge, and skills, in the fields of education, arts, and science.

Examples of exchange visitors include, but are not limited to:

Professors or scholars
Research assistants
Students
Trainees
Teachers
Specialists
Nannies/Au pairs
Camp counselors

APPLICATION PROCESS

The U.S. Department of State plays the primary role in administering the J-1 exchange visitor program, so the first step in obtaining a J-1 visa is to submit a Form DS-2019, Certificate of Eligibility for Exchange Visitor Status, (formerly known as an IAP-66). This form will be provided by your sponsoring agency. You should work closely with the officials at your sponsoring agency who will be assisting you through this process. An official who is authorized to issue Form DS-2019 is known as a Responsible Officer (RO) or Alternate Responsible Officer (ARO). Your RO or ARO will explain to you what documents are needed in order to be issued a DS-2019.

After you have obtained a Form DS-2019, you may then apply for a J-1 visa through the U.S. Department of State at a U.S. embassy or consulate. The waiting time for an interview appointment for applicants can vary, so submitting your visa application as early as possible is strongly encouraged (though you may not enter the United States in J-1 status more than 30 days before your program begins).

EMPLOYMENT

Some J-1 nonimmigrants enter the United States specifically to work (as a researcher, nanny, etc.) while others do not. Employment is authorized for J-1 nonimmigrants only under the terms of the exchange program. Please check with your sponsoring agency for more information on any restrictions that may apply to you working in the United States.

FAMILY OF J-1 VISA HOLDERS

Your spouse and unmarried children under 21 years of age, regardless of nationality, are entitled to J-2 classification. Your spouse and children are entitled to work authorization; however, their income may not be used to support you. To apply for work authorization as a J-2 nonimmigrant, your spouse or child would file Form I-765, Application for Employment Authorization. For more information on the application procedures, see the "Work Authorization" link to the right.

Religious Visa (R-1)

Thu, 17 Sep 2026 18:50:21 GMT

Religious Visa (R-1)

R-1 TEMPORARY NONIMMIGRANT RELIGIOUS WORKERS

An R-1 is a foreign national who is coming to the United States temporarily to be employed at least part time (average of at least 20 hours per week) by a non-profit religious organization in the United States (or an organization which is affiliated with the religious denomination in the United States) to work as a minister or in a religious vocation or occupation.

ELIGIBILITY CRITERIA

To qualify, the foreign national must have been a member of a religious denomination having a bona fide non-profit religious organization in the United States for at least 2 years immediately before the filing of the petition.

A prospective or existing U.S. employer must file Form I-129, Petition for Nonimmigrant Worker, on behalf of an R-1 worker. An R-1 visa cannot be issued at a U.S. Embassy or Consulate abroad without prior USCIS approval of Form I-129. Visa exempt workers must present the original Form I-797, Notice of Action, at a port of entry as evidence of an approved I-129 R petition.

PERIOD OF STAY

USCIS may grant R-1 status for an initial period of admission for up to 30 months. Subsequent extensions may be granted for up to an additional 30 months. The religious worker's total period of stay in the United States in R-1 classification cannot exceed 5 years (60 months).

USCIS counts only time spent physically in the United States in valid R-1 status toward the maximum period of stay. See the related policy memo for details.

FAMILY OF R-1 VISA HOLDERS

An R-1 religious worker's spouse and unmarried children under the age of 21 may be eligible for R-2 classification. An R-2 dependent is not authorized to accept employment based on this visa classification.

Consular Processing

Thu, 17 Sep 2026 18:50:21 GMT

Consular Processing

Consular processing (CP) is equivalent to I-485/Adjustment of Status process except the difference is that I-485 can be filed only if the applicant is physically present in USA. Consular processing is an interview process which an applicant can take at a U.S consulate overseas. In order to apply for the consular processing, the applicant's I-140 must be approved and the visa number (priority date) should be current. The applicant can apply for consular processing if he/she is:

Outside the United States; or
Lives in the United States but prefer processing at a US consulate abroad for convenience.

Steps Involved in Consular Processing

The following steps are involved in Consular Processing:

The applicant can indicate that he/she will opt for consular processing at the time of filing the I-40 petition (If the applicant specified that he/she will apply for Adjustment of Status at the time of filing the I-40 and decide to go for consular processing instead, he/she must file Form I-824 with the USCIS. This is to request consular processing and there is a filing fee of $195 payable by check or money order).

The USCIS will forward the information about I-40 approval to the National Visa Center (NVC). The NVC will send an Instruction Package for Immigrant Visa Applicants (Packet 3) to the applicant when his/her visa number becomes available. The applicant and his/her family complete the forms in the package and return it to NVC; NVC will process the forms; NVC will then inform the State Department Visa Office once the processing is completed and request them to allot a visa number to the applicant and his/her family; the NVC will schedule an Immigrant Visa processing appointment for interview that the applicant and his/her family must attend. This will be at the US Consulate that issues the Immigrant Visa. If there is no problem, the applicant and his/her family will be issued Immigrant Visas.

Documents Required for Consular Processing

The following documents may be required for consular processing:

Approved I-40 petition.
The receipt notice for Form I-824 (only if indicating to apply for consular processing at first) or the approved notice for Form I-824 (only if later requesting consular processing).
Evidence that last residence was in the host country of the post.
Form DS-230: Application for Immigrant Visa and Alien Registration Part I (Biographic Information) and Part II (Sworn Statement).
Birth Certificates: One certified copy for each person named in the application.
Police Clearance Certificate: Each applicant named in the application must have a certificate from the appropriate police authority stating whatever their records show about that applicant. This certificate must cover the entire period of the applicant?s stay in any area.
Court and Prison Records (if applicable).
Updated job offer letter from applicant's employer.
Medical Report: All applicants must pass a medical examination from one of the approved panel physicians.
Passport: All applicants' passports must be valid for at least six months beyond the visa issue date. Minor children should have their own passports.
Proof of Relationship with spouse and children: This may include marriage certificate (along with proof of termination of previous marriage, if applicable), birth certificates etc.
Photographs: Visa photographs must meet the new requirements.

How much time does it take?

From the date the immigrant visa is available, an average of 5 to 13 months processing time is expected - of course, this may vary depending on the number of pending cases at that particular time.

Differences Between Consular Processing and Adjustment of Status?

The time frame for Consular Processing is quicker than Adjustment of Status.
Consular Processing must be done in the (foreign) country of residence or country of birth (If applying for Adjustment of Status, the applicant must reside in the United States).
An alien who applies for Consular Processing, does not have the benefits of a work permit and advance parole.
If applying for Consular Processing, the applicant must appear for the interview and medical exam at the consulate of the country of last residence or country of birth. If applying for Adjustment of Status the applicant will have to get fingerprints and a physical exam taken in the US.

The Interview Process

All applicants for Consular Processing are expected to attend the interview. The NVC or the Consular Section will send information for Immigrant Visa Applicants (Packet Four) instructing the applicant to gather the documents that will be necessary for the interview. This will be done before the scheduling of the interview. The applicant must submit documents like birth and marriage certificates, biographic data, police records and affidavit of support. A complete checklist of required documents will be provided in the packet. Immigrant visa fees are currently $335, payable by check or demand draft.

When a case arrives at the Consular Section, and the priority date is current, the applicant will be scheduled for an interview. If the applicant cannot make this appointment, or he/she knows that the documents will be incomplete, the applicant should notify the Consular Section right away to be rescheduled. Appointments are scheduled approximately 5 - 6 weeks ahead. The applicant will be notified of the scheduled appointments through the mail and should appear at the Consular Office on the morning of the interview at the scheduled appointment time, taking his/her passports, all relevant documentation as requested, and bank drafts to pay application and issuance fees for each person applying for the Visa. If no problems arise, Immigrant Visas are generally approved on the day of the application and issued later the same day.

Application Approval

If the application is approved, the person will be issued an Immigrant Visa, which is good for only six months. If the person does not enter the US within that period of time, the visa will expire and the opportunity to immigrate will be lost.

Application Denied

If the application is denied, the principle consular officer at the post reviews it. If the officer desires, he can get a second opinion from the State Department. However, if, after this point, the denial is upheld, there is no appeal available to the applicant.

Entering the USA at the Port of Entry

When entering the US, based on this Immigrant Visa the applicant will not need to fill out an I-94 card. The applicant will enter the US with his/her Immigrant Visa, passport, and any documents given to the applicant by the consulate. At the port of entry, after a basic interview, the applicant may be taken to the immigration office where an immigration officer will review the document and issue an I-551 stamp (Temporary Green Card stamp). This stamp is valid for one year. The applicant will receive an actual plastic Green Card via regular mail within few months.