H1B Visa Lawyer Blog
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- Is the filing fee for an Advance Parole document the same as the filing fee for a Re-Entry permit? Yes, Form I-131 requires a USCIS filing fee of $630.00 whether you are filing to request Advance Parole, or a Re-Entry permit.
- 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
- I was offered a specialty occupation with a non-profit organization, and I appear to be eligible for an H-1B; however, the Lawyer I spoke with told me that the organization does not appear to be eligible to file an H-1B CAP exempt petition with the USCIS. The lawyer did not explain any further. What is the issue? Only certain organizations are eligible to file a CAP EXEMPT H-1B petition with the USCIS. Not every non-profit organization will be eligible to file an H-1B CAP EXEMPT petition. CAP EXEMPT organizations include: Institutions of Higher Education; Nonprofit Organizations Affiliated with Institutions of Higher Education; Government Research Organizations, and Nonprofit Research Organizations focused on applied or basic research.
- 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.
- Is DACA a permanent program? No, Deferred Action for Childhood Arrivals (DACA) is not a permanent program. DACA was intended to be a temporary program until Congress could create a permanent pathway to a Green Card for DACA recipients. No such legislation has been crafted by Congress to date. DACA was created in 2012 through Executive Order, has undergone extensive litigation and remains a viable program; although as a result of the litigation, no new DACA applications are currently being processed. DACA renewals continue to be processed by the USCIS and are granted in two-year increments, subject to renewal every two years.
- 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 is the USCIS filing fee for renewing EAD and AP if our I-485 has been pending since 2021? Per the USCIS guidance found at https://www.uscis.gov/forms/filing-fees/frequently-asked-questions-on-the-uscis-fee-rule: If you filed your Form I-485 before April 1, 2024, and paid the fee, there will be NO FEE to file Form I-131 or Form I-765 while your Form I-485 remains pending.
- 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.
MVP Law Group would like to thank everyone who contributed a question or comment.
Our next “Immigration Q & A Forum” is scheduled for Friday, October 25, 2024!
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