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- What can I do with a USCIS online account? You can submit certain filings to the USCIS and monitor the status of those filings. You can also change your address through your USCIS online account. You may create your online account by visiting: https://myaccount.uscis.gov/create-account.
- How do I find out what documents the Consulate will need for my mother’s case? I am assuming you are referring to Consular Processing for your mother’s Immigrant visa once her I-130 is approved. You can find particular country requirements for civil supporting documents by visiting https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country.html and selecting the specific country from the A-Z list on the left-hand side of the screen. Once you choose a country, you can scroll down and see the country’s requirements for: Birth, Death and Burial Certificates; Marriage, Divorce Certificates; Adoption Certificates; Identity Card; Police, Court, Prison Records; Military Records; etc.
- How old do I need to be to apply for Naturalization? You must be at least 18 years old to qualify for Naturalization AND you must meet ALL other eligibility requirements. The USCIS has published a helpful brochure, 10 Steps to Naturalization – Understanding the Process of Becoming a U.S. Citizen found here: https://www.uscis.gov/sites/default/files/document/brochures/M-1051.pdf
- What nonimmigrant work visas do not require employer sponsorship? The initial applicants for an E1, Treaty Trader Nonimmigrant Visa, and E2, Treaty Investor Nonimmigrant Visa do not require employer sponsorship.
- What are the pathways to a Green Card? The pathways to a Green Card consist of: Employment, Family, Diversity, Special Immigrant; Humanitarian – Asylum, Refugee, U & T Visas, etc.
- How do I find out information on how long the wait is for a green card? Visit the Department of State (DOS) Visa Bulletin website. The Visa Bulletin is published on a monthly basis by the DOS to establish visa availability.
- How long is the E3 Australian Visa valid for? E3 nonimmigrant visas may be issued for up to two (2) years. E3 nonimmigrant visas may be extended in up to two (2) year increments, indefinitely, as long as the visa holder continues to maintain the intent to return home at the conclusion of the assignment/project.
- How do I find out what documents the Consulate will need for my sister’s case? I am assuming you are referring to Consular Processing for your sister’s Immigrant visa once her I-130 is approved. You can find particular country requirements for civil supporting documents by visiting https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country.html and selecting the specific country from the A-Z list on the left hand side of the screen. Once you choose a country, you can scroll down and see the country’s requirements for: Birth, Death and Burial Certificates; Marriage, Divorce Certificates; Adoption Certificates; Identity Card; Police, Court, Prison Records; Military Records; etc.
- What happens if I need to term/lay off an employee prior to the date listed on their H-1B visa? As an employer if you terminate an employee prior to the expiration of their H-1B status, you are responsible for making an offer to cover their reasonable travel expenses to return to their home country. Once the candidates are terminated from employment with your company, they will have 60 days (“60 grace period”) to find another U.S. employer sponsor to transfer their H-1B visa, change status to a dependent H4 visa status, or change status to another eligible visa category, or make plans to leave the United States. If they can secure another U.S. employer sponsor willing to transfer their H-1B status, then they will be able to begin working with that company immediately upon the filing of the H-1B transfer/extension petition with the USCIS and will not have to have the case premium processed if all is filed within the 60-day grace period. Accordingly, if the candidate is unable within the 60 day grace period to find a sponsor, does not change to another visa status, and plans to leave the U.S., your company will have to provide sufficient funds to cover the reasonable travel expenses for them to return home (only them, you are not responsible for anything involving their dependents). Once they are terminated, you should draft the necessary notice and mail it to the USCIS notifying them of the termination.
- What is DED? Deferred Enforced Departure (DED) is a benefit authorized within the President’s discretion as part of their constitutional power to conduct foreign relations. DED recipients are temporarily protected from deportation and are able to request employment authorization to obtain a work permit from the USCIS. Individuals currently covered under DED include nationals from: Lebanon, Liberia, Hong Kong and Palestine. There are specific eligibility requirements for each designation of DED.
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Our next “Immigration Q & A Forum” is scheduled for Friday, January 10, 2025!
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