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For the first time, as an immigration law firm, Raju Law, a pioneering law firm in the USA, set a new standard of client service with the development of a server platform.

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Frequently Asked Questions

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.

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.

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.

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.

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.

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

We recommend six LoRs, and this is ideal. But four LoRs will be fine

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.

A minimum of 3 independent LoRs

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.

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.

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.

You may complete them within seven days or take an extended period at your convenience.

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.

We highly suggest seeking out your recommenders early in the NIW process.

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.

No, there are no extra fees for recommendation letters if the drafting service is included with your package.

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.

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.

No, the scanned copy or the signed soft copy of the LoR will be sufficient.

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.

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.

We prefer physical signature. However in exceptional situations you can input digital signature also.

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.

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.

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.

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.

It is expected that USCIS will receive the package within 2/3 working days.

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).

 

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.

We reply as promptly as possible. At most, it will be under 24 hours.

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.

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.

It depends on your portfolio. You may proceed now if you have a good number of citations and publications.

There is no problem if you do it from Bangladesh or leave the U.S. after submitting the petition.

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.

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.

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.

Progressive work experience means having at least 5 years of work experience demonstrating growth and advancement in the relevant field.

Yes, having job experience of five years and more will strengthen your petition. But it’s not absolutely necessary in this case.

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.

NIW application requires mainstream or industry job experience. Remote work experience will not be applicable.

TA/RA counts as academic or research experience and definitely not an industry job experience.

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.

Currently, the approval rate has increased more than before. We have experienced the shortest time of 7 months to get a decision.

If you can deliver all the documents correctly, we expect the time to be 55-60 working days to file the petition.

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.

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.

Yes. After graduation, your chance rate will increase, and it will make the petition stronger.

No, we need the evaluation from USCIS-approved equivalency evaluation bodies. Eg. WES

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.

There is no requirement for a U.S. degree in order to apply for NIW; however, a min. Master’s degree is necessary.

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.

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.

An advanced degree for the EB2 NIW visa is U.S. advanced degree (degree above bachelor’s) or equivalent foreign degree.

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.

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.

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.

Around $50 for the regular shipping process. It might cost $100 or more if you need overnight shipping.

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.

Yes, it is $500 per month.

Yes, you can start the STEM OPT. The NIW petition (I-140) has no impact on your immigration status.

Yes, it is possible to apply for an OPT extension while your I-140 is being processed.

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.

Yes, you can. Your I-140 petition has no effect on traveling outside.

Yes, you can. A letter must be sent to the USCIS stating that you want to withdraw the petition.

There is no impact of the H1B transfer petition on the EB2- NIW application. So, we can proceed with the EB2- NIW application.

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.

Both. You can find more details by searching for the J1 Waiver application on Google. You will find all the necessary information there.

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.

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.

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.

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.

Yes, it is included in the value. We do not charge separately for our retained clients.

The answer is you can appeal for the application to get approved.

Attorney fee is $5,000, USCIS filing fee is $715, Asylum Program Fee of $300, and shipping fee is around $50.

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.

No, we will not cover the USCIS fees in that case. We will cover the attorney fee only.

EB3 is the third category of employment based immigration 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.

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.

EB3 visas have different categories, which may or may not require any previous professional experience depending upon the individual category.

Currently, our attorney fee for the total process is $7,700 (PERM: $5,000, I-140: $1,500, I-485/IVP: $1,200). In addition, the client will need to pay for job advertising fees, USCIS fees, and document shipping costs. The PERM process doesn’t require any USCIS fee, but an advertisement fee of $500-$5,000 must be paid, depending on the job location. The USCIS fee for Form I-140 is currently $715, with an additional $2,805 for optional premium processing. A $600/$300/$0 fee must be paid along with Form I-140 as an Asylum Program fee, depending on the size and nature of the entity. For Form I-485, the current USCIS fee is $1,440 for each adult and $325 for IVP for each applicant. Please note that some additional fees might be required. Check our Legal Fee section for more detailed information.

Yes. $700 for each additional family member when the final stage of the Green Card application is being processed.

If you are the principal applicant, the total cost for your wife and two children during the I-485 or IVP (consular processing) will vary. For the I-485 application, the attorney fee is $700 for each dependent, totaling $2,100 for three people. The USCIS fee is $1,440 for each adult and $950 for each child under 14, resulting in a total range of $3,340 to $4,320. There is an additional optional fee of $260 for each I-765 and $630 for each I-131 application.

For the IVP (Consular Processing), the attorney fee is $700 for each dependent, totaling $2,100 for three people, and the IVP fee is $325 for each applicant, totaling $975. The combined total for attorney fees and IVP fees would be $3,075. [Legal Fee]

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.

Yes, you can be eligible for an EB-3 visa if you are in the U.S. on a B1/B2 visa, but it involves several steps. First, you need to obtain a full-time job offer from a U.S. employer and have them secure a labor certification from the Department of Labor (DOL). Your employer must then file Form I-140 (Immigrant Petition for Alien Worker) with the U.S. Citizenship and Immigration Services (USCIS). It is essential to maintain legal status while in the U.S. If you are already in the U.S., you can apply for an adjustment of status (Form I-485). Alternatively, if you are outside the U.S., you can undergo consular processing at a U.S. embassy or consulate to obtain your EB-3 visa. Please note that the Priority date must be “current” before processing I-485 or DS-260.

Yes, you can be eligible for an EB-3 visa if you are on an F1 (student) or F2 (dependent) visa. The process involves several key steps. First, you need to obtain a full-time job offer from a U.S. employer who must then secure a labor certification from the Department of Labor (DOL). Next, your employer must file Form I-140 (Immigrant Petition for Alien Worker) with the U.S. Citizenship and Immigration Services (USCIS). It is crucial to maintain your legal status while in the U.S. If you are in the U.S., you can file for adjustment of status (Form I-485) when an EB-3 visa becomes available. If you are outside the U.S., you will go through consular processing at a U.S. embassy or consulate.

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 application and then file an EB3 application.

Yes, you can apply for an EB-3 immigration visa if you are an asylee or if your asylum status is pending in the USA, but there are specific considerations to keep in mind. First, you need a full-time job offer from a U.S. employer who will secure a labor certification from the Department of Labor (DOL). Your employer must then file Form I-140 (Immigrant Petition for Alien Worker) with U.S. Citizenship and Immigration Services (USCIS). If you have been granted asylum, you can apply for adjustment of status to permanent resident (Form I-485) once an EB-3 visa becomes available. If your asylum application is still pending, you can apply for adjustment of status if an EB-3 visa becomes available and your Form I-140 is approved. However, maintaining lawful status is crucial during this period. It is important to maintain your current status while your EB-3 application is being processed. The complexity of applying for an EB-3 visa while having an asylum application or status requires careful navigation.

Self-sponsoring may result in a complicated case adjudication by the USCIS and bears the risk of denial.

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.

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.

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.

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.

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.

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.

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.

 

You can only expedite the I-140 adjudication with premium processing by paying a $2,805 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.

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.

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.

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.

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.

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.

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.

Form I-485 is officially called the “Adjustment of Status Application” and is the official green card application.

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.

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.

 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.

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.

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.

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."

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.”

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.

 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.

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).

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.

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).

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

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.

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

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.

 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.

Your category is C9. Pending adjustment of status under Section 245 of the Act – category is C9.

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.

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.

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.

  • 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.

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.

The implication of filing a writ of mandamus in an immigration matter is that you can request the Court to ask the concerned Government agencies to perform their duties on time. For example, suppose your visa application is stuck in an administrative process or you are awaiting an interview appointment. In that case, you may file a writ of mandamus requesting the Court to compel the concerned Embassy or consulate to adjudicate your visa application or schedule a visa interview appointment within a reasonable time.

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.

You have to email us at raju@rajulaw.com or info@rajulaw.com expressing your interest in filing 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. After the summons has reached the defendants, we will submit the proof of issuing the summons to the court, and since the delivery, the defendants have 60 days to respond to a case. In addition, it may take 1-2 months to get a response from the concerned agency (USCIS, Embassies, Consulates, etc.) regarding your case from the date of filing the writ. According to our experience, it takes around 2-5 months to get a remedy to the mandamus lawsuit.

Please call us at 833-725-8529 or email us at info@rajulaw.com or raju@rajulaw.com.

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.

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.

There are three types of costs involved in filing the writ of mandamus with our Law Firm:

  • Attorney Service Fee
  • Court Fee
  • Summon Shipment Fee

The Court fee for filing a Writ of Mandamus is US $405. The summon shipment fee is around US $200, depending on the number of defendants.

  • The attorney service fee for an F-1 & J-1 based Writ of Mandamus is US $2500;
  • For all other categories, the attorney service fee is US $3000;
  • The Case Opening Fee is US $250.

The client shall pay the entire Attorney Fee and the Court Fee at once while retaining the Writ of Mandamus service.

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.

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).
  • 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).
  • Copies 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.

Universities typically begin accepting applications for Fall admission in September, with deadlines falling between February and March of the following year.

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.
  • Fall enrollment typically offers more acceptances at American universities, potentially increasing your chances of admission compared to spring or summer terms. So the fall intake is your best option for pursuing your studies abroad.

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.
  • To start your preparation, consider accessing admission guides from university websites, which are usually made available about a year before the intended enrollment period.
  • You should also perform some early research on various accommodation options.

STEP 2: Now that you have noted the essentials, it's time to appear for the standardized 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 the GRE or GMAT by June or July or three months before the test date would be the best option.
  • 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 August to April.

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.

Fall intake is optimal for U.S. university applications due to greater course options and funding availability.

GRE optional for most Fall U.S. university applications; Yet some university requires. But in can be waived by securing scholarships.

Universities require 2-3 LORs: high school teachers for undergrad applications, college professors for Master's/PhD programs. LORs provide crucial academic insights from educators familiar with the applicant.

The processing time for an I-20 form typically takes four to five weeks after the university receives all required documents, although this duration may vary depending on the specific institution.

●  Resume/Curriculum Vitae.
●  Transcripts and certificates.
●  Passport Copy
●  High school diploma or equivalent.
●  Letters of Recommendation.
●  Entrance Exam Scorecards—SAT/ ACT.
●  English Language Proficiency Test Scores.
●  Statement of Purpose.
●  Bank Solvency and Statement (Last 6 months)

In general, a 6.5 IELTS score is required for postgraduate studies, though some courses may have different English proficiency requirements.

Not Mandatory, Students and also provide other English Proficiency Test Scores

IELTS is not mandatory to obtain a student visa.

For undergraduate admissions, SAT and ACT scores are required, whereas graduate-level courses typically require GMAT, GRE, or MCAT scores, depending on the program.

A high IELTS score can certainly help students getting a partial/full scholarship.

 

Individuals who hold an International Baccalaureate degree or have previously studied English may be eligible to apply for a U.S. study visa without taking the IELTS exam.

Yes, you can use Duolingo scores for university admissions. While most universities require high scores of 120 or above, some major U.S. institutions consider students who have scored at least 90 on the Duolingo English Test, which is generally the minimum acceptable score.

Even if you have set a clear goal to attend a particular university, it is always best and wise to apply to at least three institutions, potentially in different states.

The average annual tuition fee for undergraduate programs ranges from $8,000 to $20,000.

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.

There are two types of costs you need to consider. CoA (Cost of Attendance) includes tuition fees and other charges such as books and equipment. Living costs include accommodation, food, laundry, bills, and socializing.

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.

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.

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). 

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 engage in three types of off-campus employment: Curricular Practical Training (CPT)

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. 

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.

  • 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.

Application fee – Based on University’s Requirement

Visa/Embassy Fee - $185 (Non-refundable)

SEVIS Fee - $350 (Non-refundable)

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?

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.

  • 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

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.

  • 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.

A parent may accompany their child to the interview if their child is below 18. 

At most colleges, you have to take 15 credits or five classes for undergraduate programs. However, it can vary from school to school.

Yes you can change universities after completing one semester

An F-1 student can transfer to another school or program of study.

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.

OPT (Optional Practical Training) offers international students the opportunity to gain valuable work experience in their field of study for up to 12 months after graduation, with STEM graduates eligible for an additional 24-month extension

CPT (Curricular Practical Training) enables international students to engage in work experiences related to their field of study while still enrolled in their academic programs.

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

You must show one year of tuition fees and living costs.

It is safe to show bank statements for the last six months.

Only one of your first-degree relatives can be your sponsor. First-degree relatives include parents, siblings, and children.

Blood relatives are also allowed to be your sponsor. Please mention in the DS-160 form how they are related to you.

The closer the relationship, i.e., parents, siblings, spouse, etc., the more likely you will get a visa.

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.

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.

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. 

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.

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. 

To maximize your luggage space and stay within weight limits, pack strategically. Avoid filling your bags with items that are easily obtainable in the United States.

We Charge $1000 for Both Undergraduate and Masters Applicants.

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.

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.

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.

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.

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.

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.

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.

Each year, USCIS announces the dates for H1B registration, usually opening the registration window in March for about two weeks, though this period can be extended at USCIS's discretion. While there's no set date, the H-1B lottery registration typically begins in the first week of March. For the most accurate and up-to-date information, it's best to keep an eye on the USCIS website.

If you're selected in the lottery, you'll have three months, from April 1 to June 30, to submit your petition. During this time, you'll also need to get a certified Labor Condition Application (LCA), which is necessary for the H1B petition. The LCA process generally takes 5-7 business days.

After submitting your complete petition, USCIS usually takes about 4 to 6 months to approve it, though premium processing can speed this up to 15 working days. So, the entire process typically spans from March 1 to October 1.

The H-1B visa process involves certain Government Filing fees set by USCIS, which can change from time to time. If you decide to hire an attorney, their fees will vary depending on the attorney.

Employers are required by law to cover the primary costs associated with the H-1B petition process. For cap-based H-1B processing, there's a $215 registration fee for the H-1B lottery. If selected, the fees for filing an H-1B petition depend on the size of the employer's business.

  • For employers with fewer than 25 employees:
    • I-129 filing fee: $460
    • Fraud Detection and Prevention fee: $500
    • Asylum Program fee: $300
    • American Competitiveness and Workforce Improvement Act (ACWIA) fee: $750
  • For employers with 25 or more employees:
    • I-129 filing fee: $780 (for paper filing) / $730 (for online filing)
    • Fraud Detection and Prevention fee: $500
    • Asylum Program fee: $600
    • American Competitiveness and Workforce Improvement Act (ACWIA) fee: $1500
  • Cap-exempt entities do not have to pay the Asylum Program fee or the ACWIA fee.


If you want a prompt response from USCIS, you may opt for premium processing by paying $2805 USD for Form I-907 which will enable you to get a response from USCIS within 15 days.

To get the most accurate fee information, please check the USCIS website. Additionally, you will need to cover any attorney fees if you choose to hire one.

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).

FY 2025 timeline:

March 6: H-1B registration period opens at noon (12 PM) EST.

March 25: Initial closing date was 22nd March 2024. However, USCIS extended the deadline by three days to March 25th, 2024, to account for the outages and issues faced by employers.

March 26 -March 31: Date by which USCIS announced the lottery selection results.

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.

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.

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 fee is $2805 for the FY 2023-2024. It may vary every year. For the update, please follow the USCIS website.

The H-1B cap is the annual limit set by the U.S. Congress on the number of new H-1B visas issued, which includes 65,000 visas under the regular cap and an additional 20,000 for applicants with a U.S. master's degree or higher.

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.

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.

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").

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.

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.

No, you may be eligible for other types of nonimmigrant (temporary) status that would allow you to work in the United States, such L-1, O-1, E-2, R-1 etc. An immigration attorney can advise you about the eligibility requirements for these immigration categories.

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.

Dependents of H-1B status holders (legal spouse and children under age 21) can apply for H-4 status. H-4 status holders are allowed to study full-time or part-time in the United States without the need for additional permits. To work, H-4 dependent needs to obtain an Employment Authorization Document (EAD) depends on some certain condition. For more information, please visit the USCIS website (link is external).

 

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 unmarried children under the age of 21 to join them.

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.

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

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 he is in the United States legally or illegally; or refugee status if outside of the United States.

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.

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 have 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.

You may file an EAD 150 days after you filed your asylum application under the category of pending asylum applications. You are eligible to receive an Employment Authorization Document (EAD) once your asylum application has been pending for a total of 180 days.

Asylum seekers can apply for a SSN. Usually an asylum seeker applies for SSN while
applying for the EAD.

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.

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.

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.

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.

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).

You may apply for asylum with USCIS as a minor if you:

  • Are under 18 years old;
  • Want to have your own case separate from your parents;
  • Are not in immigration court proceedings.

You may apply for asylum with USCIS as an unaccompanied child, even if you are in immigration court proceedings if you:

  • Are under 18 years old;
  • Have no lawful immigration status in the United States; and
  • Have no parent or legal guardian in the United States available to provide care and physical custody

Asylum officers will consider your asylum claim if you filed your application with an asylum office and you meet the criteria above. If you are in immigration court proceedings, you must attend your immigration court hearings and should follow the Immigration Judge’s instructions, even if you have filed for asylum with an asylum office.

 

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.

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.

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.

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.


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.

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.

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.

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.

There is no fee to apply for asylum.

A decision should be made on your asylum application within 180 days after the date
you filed your application unless there are exceptional circumstances.

You have a right to bring a lawyer or representative to your asylum interview and to
immigration proceedings before an immigration court.

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.

If you have a document that is not in English, you are required to provide a certified
translation of the document in English.

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.

 

To obtain advance parole, you must file Form I-131, Application for Travel Document.

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.

Yes. For more information on children applying for asylum, see the Asylum Procedures
for Minor Children page from the USCIS website.

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.

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.

NIW
EB-2

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.

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.

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.

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.

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.

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
LoR (Letter of Recommendation)

We recommend six LoRs, and this is ideal. But four LoRs will be fine

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.

A minimum of 3 independent LoRs

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.

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.

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.

You may complete them within seven days or take an extended period at your convenience.

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.

We highly suggest seeking out your recommenders early in the NIW process.

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.

No, there are no extra fees for recommendation letters if the drafting service is included with your package.

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.

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.

No, the scanned copy or the signed soft copy of the LoR will be sufficient.

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.

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.

We prefer physical signature. However in exceptional situations you can input digital signature also.

Publications, Citations and Research

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.