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Immigration Guideline

Things to consider before choosing a university in the USA

Things To Consider Before Choosing A University In The USA

August 23, 2023

Choosing a university in the USA is a significant decision that can have a profound impact on your education and future career. The university list is endless, and it is normal to get confused and overwhelmed.  Here are some important factors to consider before making your choice: Academic Programs and Majors: Ensure that the university offers academic programs and majors that align with your interests and career goals. Research the faculty’s expertise, course offerings, and the availability of research opportunities or internships. Location: Consider the university’s location in terms of climate, urban or rural setting, proximity to family and friends, and potential job opportunities in the area after graduation. Reputation and Rankings: While rankings are not the only factor, they can provide a general idea of a university’s reputation and quality of education. Research the university’s ranking in your field of interest. Size and Student Body: Think about whether you prefer a large university with diverse resources and opportunities or a smaller, more intimate setting with smaller class sizes and closer faculty interactions. Campus Culture: Research the campus culture, student organizations, and extracurricular activities. Consider whether the university’s values and social scene align with your interests and preferences. Financial Considerations: Evaluate tuition costs, financial aid options, scholarships, and the cost of living in the university’s location. Consider how these factors fit within your budget. Internship and Job Opportunities: Look into the university’s connections with industries and companies that interest you. Universities located in or near major cities often provide better access to internships and job opportunities. Graduation and Job Placement Rates: Research the university’s track record for graduating students in a timely manner and placing them in relevant jobs or graduate programs. Faculty Quality: Investigate the faculty’s qualifications, research, and teaching methods. Faculty who are experts in their fields can significantly enhance your educational experience. Facilities and Resources: Consider the availability of state-of-the-art labs, libraries, research facilities, and technology. These resources can impact your learning and research opportunities. Support Services: Look into the availability of academic advising, career counseling, mental health services, and other support systems that can contribute to your overall well-being and success. International Student Support: If you’re an international student, consider whether the university provides support for visa issues, cultural adjustment, and other needs specific to international students. Graduate Outcomes: Research the success of the university’s graduates. Do they find employment in their chosen fields? Do they pursue further education or advanced degrees? Accreditation: Ensure that the university is accredited by a recognized accrediting body. Accreditation ensures that the institution meets certain quality standards. Alumni Network: A strong alumni network can provide valuable connections, mentorship opportunities, and potential job leads. Remember that the “best” university for you is one that aligns with your personal and academic goals. Take the time to thoroughly research and visit potential universities to make an informed decision that sets you up for a successful educational journey and future career.

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Understanding Visa Bulletin Step-by-Step

August 18, 2023

Understanding the Visa Bulletin is crucial for individuals seeking to immigrate to the United States through family-sponsored or employment-based preferences. The Visa Bulletin is a monthly publication issued by the U.S. Department of State that provides information about the availability of immigrant visa numbers. Here’s an overview of the key points to understand about the Visa Bulletin: Visa Categories: The Visa Bulletin categorizes visa applicants based on family relationships or employment. It has two main sections: Family-sponsored and Employment-based. Priority Dates: Immigrant visas are numerically limited, meaning there are quotas for each preference category and country of chargeability. Your “priority date” is the date when your petition was filed with the U.S. Citizenship and Immigration Services (USCIS) or the Department of Labor (for employment-based cases). This date determines your place in line for a visa number. Cut-off Dates: The Visa Bulletin lists “cut-off dates” for each category and country. These dates determine which priority dates are eligible for visa issuance in a given month. If your priority date is earlier than the cut-off date, you can move forward in the process. If it’s later, you’ll need to wait until your priority date becomes current. Current vs. Retrogressed: If your priority date is earlier than the cut-off date listed in the Visa Bulletin, your category and country are considered “current,” and you can proceed with the next steps in your immigration process. If the cut-off date is later than your priority date, the category is “retrogressed,” and you must wait until your priority date becomes current again. Movement of Cut-off Dates: The Visa Bulletin shows how cut-off dates have changed from the previous month. Some categories and countries may advance, while others may retrogress or remain the same. These movements are influenced by factors such as visa availability and demand. Chart Usage: There are two charts in the Visa Bulletin. Chart A typically shows final action dates for visa issuance, indicating when the visa can be approved and issued. Chart B, often referred to as the “Dates for Filing” chart, shows when individuals can begin the visa application process, such as filing adjustment of status applications or submitting documents to the National Visa Center. The “dates for filing” chart guides green card applicants residing outside the US on when to submit their application to the National Visa Center (NVC), even if the green card is not yet available. This chart’s cut-off dates, which are 1-10 months later than the “final action dates” chart, enable earlier application filing. While mainly for those applying abroad, the “dates for filing” chart, USCIS also provides a monthly page named “when to file your adjustment of status application.” This page informs US-based green card applicants whether to follow the “dates for filing” or “final action dates” from the visa bulletin. To know more, visit “When to File Your Adjustment of Status Application” Country of Chargeability: Your country of chargeability is usually your country of birth, unless you are married to someone born in a different country.

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Things You Need to Know About NIW

Things You Need to Know About NIW

August 9, 2023

The National Interest Waiver (NIW) is a provision within the employment-based immigration system in the United States. It allows certain foreign nationals to obtain a green card (permanent residency) without the need for a job offer or labor certification. The NIW is available under the EB-2 immigrant visa category, which is for individuals with advanced degrees or exceptional abilities in their respective fields. To be eligible for the National Interest Waiver, applicants must demonstrate the following: Advanced Degree or Exceptional Ability: The applicant must either hold an advanced degree (Master’s degree or higher) or demonstrate exceptional ability in their field. Exceptional ability refers to a level of expertise significantly above that ordinarily encountered in the sciences, arts, or business. Work in the National Interest: The applicant’s work must be of substantial intrinsic merit and benefit the United States on a national level. It must be clear that the applicant’s contributions are crucial to the country’s welfare and that they have a more significant impact compared to the work of others in their field. Waiver of Labor Certification: Typically, employment-based green card applicants must go through the labor certification process, which involves proving that there are no qualified U.S. workers available for the job being offered to the foreign national. However, the NIW allows the applicant to waive this labor certification requirement by demonstrating that their work is in the national interest of the United States. Self-Petition: The NIW allows applicants to self-petition, meaning they can apply for the green card on their own behalf without a sponsoring employer. Applying for an NIW allows qualified individuals to bypass the labor certification process typically required for employment-based green card applications, making it an attractive option for those who can demonstrate their work benefits the national interest of the United States. To apply for an NIW, you generally need to follow these steps: Eligibility Evaluation: Determine if you meet the eligibility criteria for an NIW. Generally, you must have an advanced degree (Master’s or higher) or exceptional abilities in your field, and your work must have a significant impact on the national interest of the United States. Selecting the Right Category: There are two categories of NIW applicants: those with advanced degrees (NIW with a Master’s degree) and those with exceptional abilities (NIW with an EB-2 classification). You need to select the appropriate category based on your qualifications. Form I-140 Petition: File Form I-140, Immigrant Petition for Alien Worker, with the U.S. Citizenship and Immigration Services (USCIS). This form will establish your eligibility for the NIW. National Interest Statement: Prepare a detailed National Interest Statement explaining how your work benefits the United States on a national level. Focus on showcasing the significance and impact of your contributions to your field or industry. Supporting Evidence: Gather substantial evidence to support your NIW application. This evidence can include publications, awards, citations, letters of recommendation, and any other documentation demonstrating the national importance of your work. Job Offer: Though an NIW does not require a job

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What are the things that usually go wrong during F-4 Visa interviews

What Are The Things That Usually Go Wrong During F-4 Visa Interviews?

August 2, 2023

The F4 visa is a family-based visa category that allows US citizens to sponsor their siblings and their siblings’ spouses and minor children for permanent residence in the United States. During the F4 visa interview process, several things can potentially go wrong that could lead to temporary or permanent denial of the visa application. Here are some of the most common issues: Insufficient documentation: Applicants must provide the required documentation to prove their eligibility for the F4 visa, including birth certificates, marriage certificates, and police clearance certificates. Failure to provide all the necessary documents or providing incomplete or inaccurate information can result in the denial of the visa application. Inconsistent information: Inconsistencies in the information provided by the applicant during the visa application process can raise red flags for the consular officer conducting the interview. It is important that you show utmost honesty and consistency in all responses. Incomplete or inaccurate application: One of the most common reasons for F4 visa denials is an incomplete or inaccurate application. This can happen if the applicant fails to provide all the necessary documents or if the information provided on the application is incorrect. Lack of proof of relationship: To qualify for an F4 visa, the applicant must prove that they have a qualifying family relationship with the sponsoring U.S. citizen. If the applicant fails to provide sufficient proof of the relationship, the visa may be denied. Inability to demonstrate financial support: The sponsoring U.S. citizen must demonstrate that they have the financial means to support their sibling if they are granted permanent residency in the United States. If they are unable to do so, the visa may be denied. Previous immigration violations: If the applicant has violated U.S. immigration laws in the past, such as overstaying a previous visa or working illegally in the United States, they may be denied an F4 visa. Inability to pass the medical exam: All applicants for permanent residency in the United States are required to undergo a medical exam to ensure that they do not have any communicable diseases or other health conditions that would make them inadmissible to the United States. If an applicant fails the medical exam, they may be denied an F4 visa. It is essential to be well-prepared for the F4 visa interview and to present a strong case for eligibility. Applicants should review all visa application requirements carefully and seek professional assistance if necessary.

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Adjustment of Status and Who Needs It

What is Adjustment of Status and Who Needs It?

July 26, 2023

Adjustment of status refers to the process by which a foreign national who is already present in the United States can apply for lawful permanent resident status, commonly known as a green card, without having to leave the country. This process allows individuals to change their immigration status from temporary visa holders, such as a student or temporary workers, to permanent residents. To be eligible for adjustment of status, several conditions must be met, including: Eligibility Category: The applicant must fall into a specific category that allows for adjustment of status. These categories include family-based immigration, employment-based immigration, refugee/asylee status, and certain other special categories. Approved Immigrant Petition: In most cases, the applicant need to have an approved immigrant petition, such as Form I-130 (Family-Based) or Form I-140 (Employment-Based), filed on the applicant’s behalf by a qualifying family member or employer. Visa Availability: A visa must be immediately available in the applicant’s category. Some categories have numerical limits, and the applicant cannot adjust his/her status until a visa becomes available. Inspection and Admission: The applicant must have entered the United States legally and been inspected and admitted or paroled by a U.S. immigration officer. The process of adjustment of status typically involves the following steps: File Form I-485: The applicant needs to submit Form I-485, Application to Register Permanent Residence or Adjust Status, along with the required supporting documents to the U.S. Citizenship and Immigration Services (USCIS). Biometrics Appointment: USCIS will schedule a biometrics appointment where the applicant’s fingerprints, photograph, and signature will be taken for background checks. Interview (if required): In some cases, USCIS may require the applicant to attend an interview to verify the information provided in the applicant’s application. The interview is typically conducted by an immigration officer who will ask the applicant questions regarding eligibility and immigration history. Decision: After completing the necessary checks and reviewing the application, USCIS will make a decision on the adjustment of status application. If approved, the applicant will receive their green card, granting them lawful permanent resident status. It is important to note that the adjustment of status process can be complex and may vary depending on individual circumstances. Consulting with an experienced immigration attorney or accredited representative can help ensure that the application is properly prepared and submitted.

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Violence Against Women Act. (VAWA)

All You Need to Know About VAWA Self-Petition

July 18, 2023

VAWA stands for the Violence Against Women Act. This act was passed by Congress in 1994. VAWA created a special route to lawful immigration status for victims of domestic abuse who normally must rely on their abusers to file for status for them. VAWA self-petitioning allows victims of abuse who are close relatives of US citizens and lawful permanent residents to file for status on their own. The way regular immigration law works is that if you are the spouse, child, or parent of a US citizen (USC) or the spouse or child of a lawful permanent resident (LPR), the USC or LPR relative must file a petition with the United States Citizenship and Immigration Service (USCIS) on your behalf for you to get legal status. That relative controls the process until you get your own lawful permanent residence (“green card”). VAWA changed that by allowing victims of abuse in this situation to get legal status without the participation or control of the abuser through a VAWA self-petition. What to Prove VAWA self-petitioning is similar to filing a regular family immigration application but with some additional requirements. You must prove the relationship to the abuser. You also have to prove that you have “good moral character” and have suffered “battery or extreme cruelty,” which is how Congress described domestic abuse in the immigration law. The eligibilities  for VAWA petition are: You are currently married to a US citizen or lawful permanent resident who is abusive. You have got divorced from your US citizen or lawful permanent resident spouse within the past two years. You married your US citizen or lawful permanent resident spouse believing s/he was unmarried but later found out s/he was already married. You married a US citizen spouse who died within the past two years. You married your US citizen or lawful permanent resident spouse but s/he lost his/her immigration status within the past two years due to domestic violence. If you qualify these criteria, you must prove to the USCIS that your marriage was in good faith. USCIS cannot require you to provide a particular type of evidence to prove that you married your spouse in good faith, and there is no magic piece of evidence that will provide definitive proof of your good-faith marriage. However, common types of evidence include: a statement from you in which you explain how your relationship developed and why you decided to marry your spouse; birth certificates of any children that you have together; photographs of you and your spouse at different times, in different locations; evidence of your courtship, such as text messages, call records, emails, and letters; evidence of shared financial assets or responsibilities, such as joint tax returns, joint property ownership, joint leases, joint bank accounts, joint credit cards, and shared insurance plans; and statements from friends or family who were familiar with your relationship or your reasons for marrying your spouse. The process There are two steps to applying for a Green Card through VAWA Self-petition.  First, you must

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An inside look at U Visa

An Inside Look at U Visa

July 11, 2023

What is U Visa? U visa status was introduced in 2000 to help crime victims. The purpose is to encourage victims of crime to help law enforcement to investigate and prosecute crimes without the fear of being deported from the USA. The U visa includes domestic violence, stalking, sexual assault, and felony assault, among other crimes. The complete list is added later on. On getting a U visa, the applicant will get a work permit (Employment Authorization Document) and the ability to apply for lawful permanent residence (Green Card) after three years. After five years as a legal permanent resident, s/he can apply for citizenship (naturalization). Requirements and Preconditions of U Visa Victims of any of the following crimes could qualify for a U visa if the crime took place in the US: Rape, torture, trafficking, incest, domestic violence, sexual assault, abusive sexual contact, prostitution, sexual exploitation, stalking, female genital mutilation, being held hostage, peonage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment, blackmail, extortion, manslaughter, murder, felonious assault, witness tampering, obstruction of justice, perjury, fraud in foreign labor contracting, or attempt, conspiracy, or solicitation to commit any of the above-mentioned crimes. However, just because someone was the victim of one of these crimes does not mean that s/he will automatically qualify. They have to meet the other requirements to prove and establish their position To get a U visa, the applicant must match the following requirements as well: The applicant must obtain a certification from law enforcement or another certifying agency that says all of the following: The applicant is a victim of one of the U visa crimes; the crime took place in the U.S., including U.S. territories and possessions, or on a U.S. military base; The applicant has information about that crime; and; S/he was helpful, is being helpful, or is likely to be helpful in the criminal investigation or prosecution of that crime. Also, applicant has to establish that: S/he suffered substantial physical or mental harm from the crime; and None of the grounds of inadmissibility applies to the applicant. “Grounds of inadmissibility” are a long list of crimes and other acts that prevent people from getting status or entering the U.S.  Note: If one of the grounds of inadmissibility applies to the applicant, s/he must ask for a “waiver” in order to be able to qualify for a U visa. It is up to the U.S. Citizenship and Immigration Service (USCIS) to decide whether s/he should get that waiver after weighing the pros and cons of the particular case. Now come two questions: What is ‘Certification from law enforcement’ and how to get it? What actually refers to substantial physical and mental harm? For the first one, The following officials and agencies may be able to provide the law enforcement certification (Form I-918, Supplement B) that is necessary for a U visa application: Federal, state, or local law enforcement agencies; Prosecutors; Judges; or Other authorities that are responsible for the investigation or prosecution of criminal activity, such as Child Protective Services and federal and state

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All You Need to Know about the T Visa

All You Need To Know About The T Visa

July 3, 2023

“T” category visa is a non-immigrant visa that is issued specifically to the victims and immediate family members of the victims of human trafficking. Here the wordings “human trafficking” includes both “sex trafficking” and “labor trafficking”. This is a special immigration relief to the victims of human trafficking, introduced by the Victims of Trafficking and Violence Protection Act (VTVPA), 2000.  The T status allows its holders to remain in the USA for a period of up to years, which can later be extended or, in the alternative, it allows the T immigrants to be eligible for a Green Card after 3 years of continuous physical presence in the USA. However, there is a visa cap in that the total number of aliens who may be issued visas or otherwise provided non-immigrant status during a fiscal year may not exceed 5000. Of note, this numerical limitation only applies to principal victims and not their immediate family members. Who are Eligible for the T Visa? The eligibility of the T visa is regulated under the VTVPA, 2000. To be eligible, certain conditions must be fulfilled in view of sections 103 and 107 of the legislation. The conditions are: The person claiming is or was a victim of a severe form of trafficking persons as defined in section 103 of the Act of 2000.  Accordingly, “severe forms of trafficking in persons’’ has two meanings. The first meaning includes sex trafficking, in which a commercial sex act is induced by force, fraud, coercion, or in which the victim has not attained 18 years of age. The second meaning renders to labor trafficking wherein any sort of labor through the use of force, fraud, or coercion, is perpetuated, for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. The applicant is physically present in the USA, American Samoa, the Commonwealth of the Northern Mariana Islands, or at a port of entry due to trafficking. The applicant has complied with any reasonable request for assistance in the investigation or prosecution of acts of trafficking. This requirement is excused if the alien was under the age of 18 at the time one of the acts of trafficking occurred or the alien is unable to cooperate due to physical or psychological trauma. The alien applicant would suffer extreme hardship involving unusual and severe harm if it is removed from the USA. The alien is admissible to the USA. However, a waiver may be applied if the applicant is eligible for a waiver of certain grounds of inadmissibility. In that case, Form I-192 shall be filled along with the application for the T visa. How to Apply and What Are the Required Documents? For an application for T Non-immigrant status, Form I-914 containing a personal statement describing the trafficking the alien is or was subjected shall be filled. Most of the required documents are to support the eligibility conditions of the alien applicant. To this end, the applicant must also attach two other kinds of evidence

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TN Visa Category

June 26, 2023

The TN non-immigrant classification is a creation of the North America Free Trade Agreement (NAFTA) which allows the Canadian and Mexican citizens to seek temporary entry into the USA to engage in business activities at a professional level. Examples of the professionals of these two countries who may meet the eligibility criteria range from accountant, engineers and scientists to lawyers and teachers. This non-immigrant status is valid for up to three years and the period of stay can be extended later on. Who are eligible to be NAFTA Professionals under the TN Visa category?  The professionals must be citizen of either Canada or Mexico.  The Profession must qualify the NAFTA regulation.  The Position in the USA requires a NAFTA professional.  The professional has prearranged either a full-time or part time job under a U.S. employer.  The professional has the qualification, meets the specific requirements, education or experience as required by the profession. Professions that qualify under the NAFTA Regulation 8 CFR 214.6 regulates the meaning of Business activities at a professional level that qualify citizens of Canada and Mexico under NAFTA treaty to work in USA under the TN status. According to 8 CFR 214.6(b), the business activities at a professional level are those undertakings that require an individual to have at least a baccalaureate degree or appropriate credential for successful completion of them. The regulation gives a list of professions in which the applicant shall show business activity at a professional level in its Appendix 1603.D.1. Alongside, the appendix also gives minimum requirements for qualification for each of the job. The complete list of eligible professions can be found at: 8 CFR 214.6 NAFTA Regulations (nafsa.org). How to Apply? The applicant must complete the online non-immigrant visa application Form DS-160 and upload photo while completing the online Form DS-160 (not applicable to Mexican Citizens). Afterwards, the applicant will have to, as applies to a regular case, schedule interview at a U.S. Embassy or Consulate. Here the concerned consulate or embassy will charge $160 for applying for TN visa using Form DS160. Special Arrangements for the Canadian Citizens The Canadian Citizens are not required to apply for a TN visa at a consulate in Canada. Rather, they may establish eligibility for TN classification at the time they seek admission to the USA by providing documentations to U.S. Customs and Border Protection (CBP) at certain CBP designated U.S. ports of entry or pre-flight inspection station. While doing so, the applicant must provide to the CBP officer: Proof of Canadian Citizenship. Contract or Letter of Employment from the employer providing minute details about the position or professional capacity in which the applicant will work, purpose of employment, length of stay and educational qualifications, evidence of compliance with Department of Homeland Security (DHS) regulation or state laws, and pay arrangements. Documentation providing that the applicant meets the minimum education or work experience requirement as stated in the CFR 214.6 and Appendix 1603.3.1 of NAFTA regulation. Credentials evaluation (if the situation demands so) and

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How to Ace Any English Proficiency Exam for US Student Visa

How to Ace Any English Proficiency Exam for US Student Visa

June 20, 2023

If you are an international student planning to study in the US, you will need to take an English proficiency exam as part of your college application. There are different exams, such as IELTS, TOEFL, Duolingo, SAT, etc. Here are some tips on acing any English proficiency exam to boost your chances of getting accepted. Know the test format and requirements: Before registering for an English proficiency exam, familiarize yourself with the test format, duration, sections, skills assessed, question types, scoring, and target scores. Stay updated with any changes or updates on the official test provider’s website. This knowledge will help you plan your preparation effectively. Here are some recommended websites: C2 Proficiency preparation | Cambridge English: It provides reliable resources like sample tests, lesson plans, teacher guides, and mock test toolkits. Exam preparation | Cambridge English: Provides free materials for various Cambridge English exams, ranging from Pre A1 Starters to C2 Proficiency. You can download sample papers, worksheets, vocabulary lists, and exam guides for different levels of English proficiency exams. Your Ultimate Guide to English Proficiency Tests – Take IELTS: A comprehensive guide comparing different types of English proficiency tests such as IELTS, TOEFL, Duolingo, and SAT. It helps readers choose the test that best suits their needs and goals. For Duolingo users: Introducing Tips – Duolingo Blog: Features “Tips,” short explanations of grammar, phonetics, orthography, and language culture to aid understanding of challenging concepts. Guide to understanding Duolingo’s new learning path – Duolingo Help Center: Provides a glossary and guide for Duolingo’s step-by-step learning path, including levels, lessons, units, guidebooks, trophies, and chests. Language Learning Tips – Duolingo: Offers tips and tricks from Duolingo’s teaching experts to enhance language learning, covering study tips, fun facts, grammar rules, and more. Duolingo Bangladesh: A Facebook group where Bangladeshi learners using Duolingo can share progress, challenges, tips, and resources. It is a supportive platform for asking questions, seeking advice, giving feedback, and supporting each other in the language learning journey. Practice with authentic materials and mock tests: Use materials like past papers, sample questions, and audio recordings to simulate the actual test experience. Mock tests also provide a valuable opportunity to familiarize yourself with test conditions, time limits, and scoring. Regular practice will improve your language skills, track your progress, and build your confidence. Focus on weak areas and improve strategies: Analyze your performance and feedback to identify areas that need improvement if you struggle with listening comprehension, and work on vocabulary, grammar, pronunciation, or note-taking skills. For writing essays, focus on organization, coherence, accuracy, and word choice. Learn effective strategies for each skill and question type to maximize your performance. Review mistakes and learn from them: Instead of ignoring or repeating mistakes, take the time to understand why they happened and how to avoid them in the future. Seek feedback from teachers, tutors, or native speakers to help you correct errors and enhance your skills. Their suggestions can significantly improve your writing or speaking samples. Take care of yourself before

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Your F-1 Visa is About to Expire, What Options Do You Have? (Part: 5)

June 20, 2023

Read part four here Filing of the Petition To file the petition, the employer shall gather all the required documents and fill up the I-129 form. The petition is filed at the California Service Centre (CSC), the Vermont Service Centre (VSC), the Nebraska Service Centre (NSC), or the Texas Service Center (TSC), depending on which non-immigrant classification and action the petitioner is requesting and where the petitioner is located. For premium processing of Form I-129, the employer must also file I-129/I-907 Package. The checklist for the required Initial Evidence: Evidence that the beneficiary maintained status if they are seeking a change of status or extension of stay;   Evidence showing the proposed employment qualifies as a specialty occupation; Evidence showing the beneficiary is qualified to perform the specialty occupation; A copy of any required license or other official permission for the beneficiary to perform the specialty occupation in the state of intended employment (if applicable);  A copy of any written contract between the employer and the beneficiary or a summary of the terms of the oral agreement under which the beneficiary will be employed; and A corresponding Labour Condition Application that has been certified by the Department of Labour and signed by the petitioner and attorney/representative (if applicable); Form G-28, Entry of Attorney Appearance and Filing Fees; Evidence that there is a true business need for the worker and that the U.S. employer can pay the prevailing wage for the position. Thus employer shall include the following documents: Copy of employment agreement, if any. Salary of the foreign worker. Full corporate name and address. Address where the foreign professional will be working. Name, title, phone number, fax number, the e-mail address of company contact who will sign the petition. H1B visa employer’s federal I.D. tax number. Gross and net annual income for the employer for the most recent year for which such figures are available. Current number of employees. Year the company was established. Company brochure or other relevant company literature, if available. Number of H-1B workers on staff. Title and a detailed description of the position, including responsibilities and duties. The employee shall include the following documents for his section: Copy of the biographic and visa pages of current passport. Present U.S. address. Foreign address (maybe the address of parents or closest relative). Day and evening phone numbers and/or e-mail address. Copy of Form I-94 card. Copy of all prior H-1B approval notices (if currently on F-1 status, copy of Form I-20). Dates of prior stays in the U.S. in H-1B status. Current resume listing employment history. Copy of your university or college degree, and if available, copy of university or college transcripts. If you have ever obtained a credentials evaluation, a copy of the credentials evaluation Title with the sponsoring U.S. Company. A very detailed description of job duties with the sponsoring U.S. Company. If the occupation requires licensure, a copy of the current license or temporary license. Copy of most recent pay slip with current employer. CAP-GAP Extension

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Your F-1 Visa is About to Expire, What Options Do You Have? (Part: 4)

June 18, 2023

Read part three here H-1B Classification The H-1B classification serves as the main basis for the H-1B visa/status. The application for classification can only be made by the employers by filing H-1B petitions with the USCIS. The USCIS is tasked with reviewing those petitions, and it either accepts or denies the application. H-1B status Normally, the employer request for H-1B status or H-1B visa along with the petition for H-1B classification. The question as to what between these two will the employer ask for will depend upon whether the employee is inside the USA under valid status or is outside the USA. For a student inside the USA, his employer will request H-1B status along with H-1B classification. The same applies to the worker who has previously obtained an H-1B classification and his employer is re-applying for it. The granting authority here is USCIS and CBP, again depending on if you are inside the USA or asking port of entry to the US. In both cases, an I-94 will be issued showing H-1B status. H-1B Visa On the other hand, an H-1B visa enables its holder to present himself at a US port of entry and ask for permission to enter the USA. When the worker is outside the USA and his employer applies for H-1B classification, after the approval of the petition or H-1B, the employer will request USCIS to transfer the H-1B approval to a US consulate in the worker’s home country. The worker would then apply for the H-1B visa based on the employer’s approved petition. After getting the visa, the worker can fly to the USA and will have his H-1B status issued by the CBP on his entry to the USA. Note that a visa can never be issued inside the USA. So when a student turned worker under valid H-1B status goes outside of the USA without having an H-1B visa, he will have to apply for an H-1B visa in his home country should he want to get back to the USA. The reason is that H-1B status, as provided by I-94, only enables a worker to be under a valid status in the USA and work under that status. Conversely, the H-1B visa determines the period or which a foreign worker may represent himself at the port of entry. H-1B Visa Process (For Cap-Subject Petitions) The process starts with registration with the USCIS through H-1B electronic registration process. After the registration, the lottery takes place on a given date and the selected employers win H-1B numbers for particular employees. After the first selection process, the employer will have 90 days to have the H-1B petition filed. Usually, the employers prepare related documents, including the LCA or Labour Condition Application in the meantime.  H-1B electronic registration process Under this process, prospective petitioners (also known as registrants), and their authorized representatives, who are seeking to employ H-1B workers subject to the cap, complete a registration process. The registration process only requires basic information about

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