Summary
1. What is the “best” or the “ideal” visa?
2. What is USCIS?
3. What is DHS?
4. What is ICE?
5. What is CBP?
6. What is DOL?
7. What is SEVIS?
8. Consular Processing (abroad) vs. Adjustment of Status (while in the U.S.)
9. What is “I94”?
10. Types of “Status”
11. Immigration Practices
12. What is “Business Immigration”?
13. What is “Family Immigration”?
14. How long does it take to receive my “green card”?
15. What is a “Visa Bulletin”? Why does the Visa Bulletin Dates affect my immigration case?
16. How do I obtain authorization to work (work permit) in the US?
17. How can I apply for a Social Security Number?
18. I am an employer. How do I sponsor an employee for a green card?
19. What is “Premium Processing”?
20. What is an “RFE”?
21. What is a “NOID”?
22. How can I get a green card?
1. What is the “best” or the “ideal” visa?
It depends. An attorney must evaluate your specific case to answer. Perhaps a better question is “What is the ideal visa for you?”
For example, one shall ask: “What are your plans for coming to the United States?” “What is your professional background and family background?” etc.
Several factors should be considered before selecting the right visa for You. The best option of visa for your dear friend or neighbor might not be the best option for you, or your family.
*General Information only. Consult with an attorney about your specific case.
2. What is USCIS?
USCIS – The United States Citizenship and Immigration Services is a federal government agency responsible for overseeing and administering legal immigration. The agency was created on March 1st, 2003, by the Homeland Security Act, when the INS – Immigration and Naturalization Service was dismantled by the Department of Homeland Security Act in 2002.
At its creation USCIS was named “Bureau of Citizenship and Immigration (BCIS),” Later, in October 2004, it was officially renamed to US Citizenship and Immigration Services.
3. What is DHS?
DHS – Department of Homeland Security is a federal agency responsible for safeguarding the American people, US homeland and US values. The DHS was born as a response for 9/11 attacks. It is part of DHS the following agencies:
- US Customs and Border Protection (CBP);
- US Citizenship and Immigration Services (USCIS);
- Federal Emergency Management Agency (FEMA);
- US Coast Guard;
- US Immigration and Customs Enforcement (ICE);
- US Secret Service;
- Transportation Security Administration (TSA).
4. What is ICE?
US Immigration and Customs Enforcement (ICE) is a federal agency responsible for protecting America from cross-border crime and illegal immigration. ICE was created on March 1, 2003, by the Homeland Security Act, from a merger of the investigative and enforcement departments of US Customer Service and the (non-longer in existence) Immigration and Naturalization Service.
When it was initially created, the agency received the name of “Bureau of Immigration and Customs Enforcement.”
5. What is CBP?
CBP – US Customs and Border Protection is a federal agency responsible for borders control. CBP was the US’s first unified border entity, and it was created on March 1st, 2003, by the Homeland Security Act. CBP is responsible for securing border protection, counter-terrorism, combating transnational crime, and facilitating lawful travel and lawful trade.
6. What is DOL?
DOL – US Department of Labor is a federal agency, formed in 1913, responsible for enforcing federal labor standards and occupational safety.
Regarding immigration, DOL is responsible for overseeing the recruitment of foreign employees and approving Labor Certifications.
Only after the DOL approves a Labor Certification, an employer may submit an immigration petition to USCIS seeking a visa and work authorization to a foreign employee.
7. What is SEVIS?
SEVIS – Student and Exchange Visitor Information System is “web-based system” administered by the DHS to maintain information regarding international students (F1, M1) and their dependents (F2, M2) in the country as well as SEVP – Student and Exchange Visitor Program certified schools and Exchange Visitor Program sponsors and participants (J1).
8. Consular Processing (abroad) vs. Adjustment of Status (while in the U.S.)
There are two ways a beneficiary of an approved immigrant visa petition may apply for residency (“LPR-Lawful permanent residence” or “Green Card”): abroad (consular processing) or while in the US in lawful status (Adjustment of Status).
Consular Processing: Occurs when a beneficiary of an approved immigrant petition applies outside the United States, with the US Department of State consulate or embassy abroad for an immigrant visa in order to be admitted in the United States as a permanent resident.
Adjustment of Status: Occurs when a beneficiary of an approved immigrant petition applies while present in the United States with lawful status for residency. The beneficiary is not required to return to his or her home country to complete the visa processing.
*General Information only. Consult with an attorney about your specific case.
9. What is “I94”?
I-94 – A lawful record of admission is “virtual stamp” from the CBP – US Customs and Border Protection that registers a traveler lawful-admission (or parole) to the United States.
Get Most Recent I-94: https://i94.cbp.dhs.gov/I94/#/home.
*General Information only. Consult with an attorney about your specific case.
10. Types of “Status”
- US Citizen
- Immigrant – Lawful Permanent Resident (Green card holder)
- Non-immigrant
- Undocumented
*General Information only. Consult with an attorney about your specific case.
11. Immigration Practices
- Business Immigration
- Family Immigration
- Removal & Deportation
*General Information only. Consult with an attorney about your specific case.
12. What is “Business Immigration”?
Business Immigration is the field of law regarding investors-visas, work-visas, and professional visas (including Employment-Based Visa). Business immigration attorneys help US Companies, foreign investors, and professionals with their immigration needs in the United States.
Most Common Visas:
- EB1A – Aliens with extraordinary ability
- EB1C – Certain multinational executives and managers.
- EB2-PERM (Labor Certification) / Advanced Degree / Outstanding Ability EB2-NIW (National Interest Waiver) / Advanced Degree / Outstanding Ability
- EB3 PERM (Labor Certification) Professionals / Skill Professionals / Other workers
- EB5 – Immigrant Investor Program
- E1 – Treaty traders
- E2 – Treaty Investor
- E3 – Specialty Occupation Workers from Australia
- H1B Visa – Specialty Occupations & Fashion Models
- H2A – Temporary Agricultural Workers
- H2B – Temporary Non-Agricultural Workers
- H3 – Nonimmigrant Trainee or Special Education Exchange Visitor
- L1A – Intracompany Transferee Executive or Manager
- L1B – Intracompany Transferee Specialized Knowledge
- O – Individuals with Extraordinary Ability or Achievement
- P1 – Internationally recognized Athlete
- P2 – Member of an Internationally Recognized Entertainment Group
- R1 – Nonimmigrant Religious Workers
- TN NAFTA – TN NAFTA Professionals
*General Information only. Consult with an attorney about your specific case.
13. What is “Family Immigration”?
Family Immigration is the field of law regarding immigration visas based on family ties. Due to a family relationship to a US Citizen or Green Card Holders, it is possible to apply for residency for a beneficiary spouse, children, parent, etc.
The most common is when an immediate relative (spouse, parents, unmarried children less than 21 years old) apply for a green card due to their relationship with a US Citizen or Green Card Holder.
*General Information only. Consult with an attorney about your specific case.
14. How long does it take to receive my “green card”?
It varies, depending on the type of visa request and the processing time for that specific type of visa. Some requests will also depend on how many visas are available for that category that specific fiscal year (See Visa Bulletin).
*General Information only. Consult with an attorney about your specific case.
15. What is a “Visa Bulletin”? Why does the Visa Bulletin Dates affect my immigration case?
Visa Bulletin is a table published by the Department of State every month that summarizes the availability of visas that month. The Visa Bulletin shows how many visas are estimated to be available by each visa category within a fiscal year.
The dates on the Visa Bulletin and the Visa Number matter because it affects when an approved case can issue a green card OR when an adjustment of status can be filed. (See Consular Processing (abroad) vs. Adjustment of Status (while in the US)) Visas for immediate relatives of US Citizens are always available. In other words, these visas do not depend on visa availability (Visa Bulletin). 8 USC 1151(b)(2)(A)(i). INA Section 201 (2)(A)(i).
For more information: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html.
*General Information only. Consult with an attorney about your specific case.
16. How do I obtain authorization to work (work permit) in the US?
One can obtain authorization to work through a Work-Visa (non-immigrant visa or immigrant visa). The duration of the work authorization will depend on the type of visa.
*General information only. Consult with an attorney about your specific case.
17. How can I apply for a Social Security Number?
Due to a partnership between the Social Security Administration (SSA), the United States Citizenship and Immigration Services (USCIS), and the Department of Homeland Security (DHS) it is possible to request and receive a Social Security Number (SSN), when someone files for a:
- Form I-765, Application for Employment Authorization; or
- Form I-485 (Application to Register Permanent Residence or Adjust Status)
USCIS will collect the required information on the forms above if you complete the section on the application to request an SSN card. Then, USCIS will send the data to SSA to issue the document automatically (without contacting the Social Security office to apply for a Social Security Number card). The SSA will mail your SSN Card informed on your USCIS’ Forms.
If you do not receive it, contact a Social Security office, with this information and your EAD or Green Card. For more information:
https://www.ssa.gov/ssnvisa/ebe.html
*General information only. Consult with an attorney about your specific case.
18. I am an employer. How do I sponsor an employee for a green card?
There are a few types of visas that an Employer can request from a foreign employee. Among the most common ones:
- E3 – Specialty Occupation Workers from Australia
- H1B Visa – Specialty Occupations & Fashion Models
- H2A – Temporary Agricultural Workers
- H2B – Temporary Non-Agricultural Workers
- H3 – Nonimmigrant Trainee or Special Education Exchange Visitor L1A – Intracompany Transferee Executive or Manager
- L1B – Intracompany Transferee Specialized Knowledge
- O – Individuals with Extraordinary Ability or Achievement
- P1 – Internationally recognized Athlete
- P2 – Member of an Internationally Recognized Entertainment Group
- R1 – Nonimmigrant Religious Workers
- TN NAFTA – TN NAFTA Professionals
- EB2-PERM (Labor Certification) / Advanced Degree / Outstanding Ability EB2-NIW (National Interest Waiver) / Advanced Degree / Outstanding Ability
- EB3 PERM (Labor Certification) Professionals / Skill Professionals / Other workers
*General Information only. Consult with an attorney about your specific case.
19. What is “Premium Processing”?
Premium Processing is an optional additional USCIS fee to expedite a case evaluation. After the request and payment are received, USCIS will answer a visa request within 15 days calendar days, in which the agency will respond if the visa request is: Approved, Denied, or Request for More Evidence.
Not every visa is eligible to premium processing:
- EB2-National Interest Waivers are NOT eligible for Premium Processing.
- EB1C is NOT eligible for Premium Processing.
For more information see the official table at: https://www.uscis.gov/forms/all-forms/how-do-i-request-premium-processing.
*General Information only. Consult with an attorney about your specific case.
20. What is an “RFE”?
An RFE – Request For more Evidence is USCIS notice requesting more documents. In other words, an immigration officer needs more information before deciding on your visa request.
Before answering an RFE, you should thoroughly discuss your case with your immigration attorney.
*General Information only. Consult with an attorney about your specific case. 21. What is a “NOID”?
21. What is a “NOID”?
A NOID – Notice to Intention of Denial is a USCIS notice informing the petitioner that an evaluating officer intends to deny a case. However, a NOID does not means that your case is automatically denied.
Before answering a NOID, you should thoroughly discuss your case with your immigration attorney.
*General Information only. Consult with an attorney about your specific case.
22. How can I get a green card?
Varies. There are four main pathways to apply for a Green Card:
- Employment Based: Usually starts with a job offer in the U.S.
- Family Based: Find a family member (who is a U.S. Citizen or a Green Card Holder) who can sponsor your application.
- Diversity: (“Lottery”) Depends on your nationality (where you were born or your spouse). The lottery runs from October to December each year. The Department of State sets the rules for the Diversity Visa Program every year.
- Investment: Foreign investors may apply for a Green Card under the EB-5 Immigrant Investor Program.
*General Information only. Consult with an attorney about your specific case.
