The Green Card lottery, officially DV Lottery, is a chance to get a permanent resident card that lets you live and work in the United States. The lottery is open to people from countries with low immigration to the United States.

Every year, **around 50,000 people** are randomly selected to apply for a Green Card. This article will explore how the lottery works, who can apply, and what to do if you win.

## What is the Green Card (Diversity Visa) Lottery?
One of the ways to obtain permanent residency in the United States is through the Diversity Immigrant Visa Program, also known as the Green Card Lottery. This program was **established by the U.S. Congress in 1990** to increase the diversity of immigrants from countries with low rates of immigration to the U.S. Every year.

The U.S. Department of State randomly selects around 50,000 applicants from Green Card lottery eligible countries to receive an immigrant visa, which allows them to live and work legally in the U.S. as permanent residents.

To participate in the DV Lottery, you must meet certain eligibility criteria. You must also be a citizen of a country that is listed as eligible for the DV Program. If you meet the eligibility criteria, you can submit an online application during the registration period, which usually **runs from October to November each year.** 

You must provide accurate and complete information on your application. And most importantly, you can only submit one entry per person; **multiple entries will result in disqualification.**

After the registration period ends, the U.S. Department of State conducts a computerized random drawing to select the winners of the DV Lottery. The results are usually announced **in May of the following year on the official website of the DV Program.** 

You can check your status online by entering your confirmation number, which you received when you submitted your application. If you are selected, you will receive instructions on how to proceed with your visa application process.

Being selected in the DV Lottery **does not guarantee that you will receive an immigrant visa.** You must still meet all the requirements for an immigrant visa, such as passing a medical examination and a background check, and proving that you have enough financial resources to support yourself in the U.S. You must also act quickly and follow the instructions carefully, as there are more winners than available visas, and visas are issued on a first-come, first-served basis.
### The Green Card Lottery Deadlines & Dates

The Green Card Lottery deadlines and dates vary from year to year but usually follow a similar pattern. The Green Card lottery application period opens in October and closes in November of the previous year. The results are announced in May of the following year. 

The selected applicants then have to apply for an immigrant visa through either consular processing or adjustment of status, depending on their location and eligibility.

*Learn More About [How to Get Green Card Through Consular Processing](https://www.grapelaw.com/library/content/how-to-get-green-card-through-consular-processing)*

**For the Green Card lottery 2024**, the application period ran from October 5, 2022, until November 8, 2022. The results are available online from May 6, 2023, until September 30, 2024. The selected applicants will have to apply for an immigrant visa before the Green Card lottery deadline of September 30, 2024, which is the end of the fiscal year.

For the DV-2025 DV Lottery, the application period is expected to open in October 2023 and close in November 2023. The exact Green Card lottery dates will be announced by the U.S. Department of State in September 2023. 

The results will be available online from May 2024 until September 2025. The selected applicants will have to apply for an immigrant visa before September 30, 2025, which is the end of the fiscal year.

### Who Can Apply for the Green Card Lottery?
To apply for the DV lottery, you must meet two main criteria: nationality and education or work experience.

**Nationality:** You must be from a country that is eligible for the DV program. The list of Green Card lottery eligible countries changes every year based on the immigration statistics of the previous five years. For example, for the Green Card lottery 2024, people from these countries are not eligible:

Bangladesh, Colombia, Brazil, Dominican Republic, Canada, China (including Hong Kong SAR), India, El Salvador, Honduras, Guatemala, Nigeria, Haiti, Jamaica, Mexico, Pakistan, Philippines, South Korea, UK (except Northern Ireland) and its dependent territories, and Vietnam.

**If you are not from any of these countries, you may be eligible for the DV program.**

However, there are some exceptions. For example, if you were born in an ineligible country but your spouse or parents were born in one of the Green Card lottery eligible countries, you may be able to use their nationality and apply for Green Card lottery. 

You can check your eligibility on the official website or get in contact with Grape Law for more advice.

**Education or Work Experience:** You must have either a high school diploma or its equivalent (such as a GED), or two years of work experience in a job that requires a minimum of two years of training or experience in the last five years.

*You can check if your job qualifies on the [U.S. Department of Labor's O*NET Online database.](https://www.dol.gov/agencies/eta/onet)*

## How to Apply for the Green Card Lottery?
To apply for the Green Card lottery, you must complete an online Green Card lottery application form on the official website during the registration period. Here are the steps to apply for the DV program online:
#### Step 1: Check the Registration Dates and Eligibility Criteria
 
The registration dates for the DV program vary from year to year but generally fall in the October-November period. The U.S. Department of State publishes the Green Card lottery dates and the list of eligible and ineligible Green Card lottery countries on its website and social media platforms every year. 

**You must be from an eligible country and meet the education or work experience requirements to apply for the program.**

See Also: 
- [Employment-Based Green Cards](https://www.grapelaw.com/visas/employment-based)
- [Family-Based Green Cards](https://www.grapelaw.com/visas/family-green-cards)

#### Step 2: Go to the Official Website and Fill Out the Green Card Lottery Application Form

The official website for the DV program is [dvprogram.state.gov](http://dvprogram.state.gov). You will need to provide some basic information about yourself and your family members (such as name, date of birth, gender, country of birth, and country of residence), as well as upload a recent digital photo that meets the specifications. 

**You can use a photo tool on the website to crop and resize your photo.**

#### Step 3: Submit Your Entry and Get a Confirmation Number

Only one entry per person is allowed during a year. If you submit more than one entry or use fraudulent information or photos, you will be disqualified from the lottery. You will also need a valid email address to receive notifications and updates about your application status. 

After you submit your entry online, you will receive a confirmation number that you must keep safe until the end of the DV program. You will need this number to check if you have been selected for further processing on the official website.

These are the steps to apply for the DV program online. **There is absolutely no cost to get yourself registered for the DV program.**
### What are the Green Card Lottery Requirements?

If you are selected for further processing in the DV program (also known as winning the lottery), you will have to meet some additional Green Card lottery requirements before you can get your visa and Diversity Immigrant Visa.

Additional requirements include:

- Filling out an online visa application form (DS-260) and sending supporting documents (such as birth certificates, passports, marriage certificates, police certificates, medical exam reports, etc.) to the Kentucky Consular Center (KCC).
- Paying the fees for the visa application and the Diversity Visa issuance.
- Going to an interview at a U.S. consulate or embassy in your country of residence, where you will be asked questions about your background, qualifications, and plans in the United States.
- Passing the medical exam and security checks by the U.S. government.
- Being eligible for admission to the United States under immigration laws and regulations.

## What Happens if I Win the Green Card Lottery?

If you are one of the lucky winners of the DV lottery, you will receive a notification from the U.S. Department of State by email or by checking the Entrant Status Check website.

You will then have to submit an online application form (DS-260) and provide supporting documents to prove your eligibility. You will also have to pay a fee of $325 per person and undergo a medical examination and an interview at a U.S. consulate or embassy in your country.

If your application is approved, you will receive a visa stamp on your passport and be able to travel to the United States as a permanent resident.

## Get Professional Help with Grape Law
Green Card applications could be complicated. A small mistake may end up with denial. Getting professional help for your Green Card process is a good idea to take advantage of experience in the immigration cases. [Send us a message](https://www.grapelaw.com/contact) or [schedule a video call](https://calendly.com/grapelaw)!

## FAQs about the Green Card Lottery
### Am I Eligible for the Green Card Lottery If I’m Married to a U.S. Citizen or Have Other Families in the United States?

Yes, you are eligible for the DV lottery if you’re married to a U.S. citizen or if you have other family members present in the United States.
### Which Countries are not Eligible for the Green Card Lottery?

The countries for the DV Lottery change every year. However, countries that were not eligible for the Green Card Lottery 2023 were Bangladesh, Brazil, Canada, China (mainland-born), Colombia, South Korea, Dominican Republic, Nigeria, El Salvador, Pakistan, Guatemala, Haiti, Honduras, India, Jamaica, Mexico, Philippines, United Kingdom (with the exception of Northern Ireland) and its dependent territories.
### Is There a Minimum Age to Apply For a Green Card Lottery?

There is no minimum age to apply for a DV lottery. However, under 18 applicants are likely to be disqualified.
### How Long does It Take to Get a Green Card?

The time it takes to get a Green Card varies depending on the category under which you apply for. However, it can take 6 months to several years for processing.
### Can I Enter The Green Card Lottery If I’m in The United States?

Yes, you can enter the DV lottery if you’re in the United States. In case of being selected, you need to proceed with the Adjustment of Status from your non-immigrant status.
### Can My Spouse and I Each Submit Separate Entries for The Green Card Lottery?

Yes, your spouse and you can each submit separate entries for the Diversity Immigrant Visa. If one applicant is selected, the other one could be sponsored as a family member.
### What If I Lost My Confirmation Number?

If you’ve lost your confirmation number, you can retrieve it by visiting the Entrant Status Check page on the DV Lottery website.
### How Much does It Cost to Enter the Green Card Lottery?

Entering the DV lottery is free. If you are selected for the lottery then you will have to mandatorily pay the DV Lottery application fees. Strongly advised to be careful about DV Lottery frauds.
### Why was the Green Card Lottery Created?

The Green Card lottery was created to provide an opportunity for people from countries with low rates of immigration to the United States to obtain permanent residency.
### What is the Chance of Winning the Green Card Lottery?

The chance of winning the Green Card lottery varies each year depending on how many people apply and how many visas are available. Generally, the possibility is 1:25 to 1:75.



Learn everything you need to know about the Green Card (Diversity Visa) lottery, including your eligibility, how to apply, its requirements, deadlines, and more!

medium_what-is-green-card-lottery-who-can-apply.png

small_what-is-green-card-lottery-who-can-apply.png

thumbnail_what-is-green-card-lottery-who-can-apply.png

what-is-green-card-lottery-who-can-apply.png

What is the Green Card Lottery? Who Can Apply?

Intellectual property (IP) is a term that refers to the creations of the human mind, such as inventions, artistic works, designs, symbols, names, and images.

IP is one of the most valuable assets of a business, as it can give it a competitive edge, enhance its reputation, and generate revenue. **However, it is also vulnerable to theft, copying, or misuse by others, which can harm the business and its owners.**

Therefore, it is essential for businesses to protect their intellectual property rights and prevent intellectual property infringement.

In this article, we’ll explore Intellectual property law and the types of IP.

## What is Intellectual Property?
Intellectual Property is an asset that includes **intelligible creations of the human intellect such as inventions, literary and artistic works, designs, symbols, names, and images used in commerce.** 

IP is protected by law through various mechanisms such as patents, copyrights, trademarks, and trade secrets, which enable creators to earn recognition or financial benefits from their creations. The IP system strives to create a conducive atmosphere for creativity and innovation by harmonizing the needs of the inventors and society at large.

IP is an important asset for businesses and individuals alike. It is fiercely guarded and protected by its owners. Thus an infringement occurs when a third party uses a protected asset without authorization. To enforce their IP rights, owners can take legal action as litigation or seek alternative dispute resolution methods such as mediation or arbitration.

The World Intellectual Property Organization (WIPO) divides IP into two categories or subsets: **Industrial Property and Copyright.**

### Industrial Property 

**Industrial Property is a type of intellectual property that protects various types of creations related to industry or commerce.** It covers the protection of patents, trademarks, industrial designs, and geographical indications.

As we’ll cover in the following, patents grant protection to inventions that meet the criteria of being new, useful, and non-obvious. Trademarks protect distinctive signs that identify the source or quality of goods or services. Industrial designs protect the appearance or shape of products. Geographical indications protect the names of products that have a specific origin and quality.

Industrial property law is based on national, regional, and international laws and treaties, such as the Paris Convention for the Protection of Industrial Property (1883) and the Agreement on Trade-Related Aspects of Intellectual Property Rights- TRIPS (1994), which are overseen by WIPO. 

In the US, industrial property can also mean industrial real estate. This is a type of property that is used for trade or manufacturing activities, such as production, assembly, or repair of products from raw materials or parts. 

Industrial property in general can include factories, warehouses, workshops, or distribution centers. An industrial property is different from commercial property, which is used for retail or office purposes.

### Copyright

**A creative work can only be copied, distributed, adapted, displayed, and performed by its owner for a limited time.** This exclusive right is called Copyright. It protects the original expression of an idea, not the idea itself. It applies to works that are fixed in a tangible form of expression, such as books, music, paintings, films, and software.

Copyright law is based on, just like Industrial properties, national, regional, and international laws, and treaties that regulate the rights and obligations of the owners and users of creative works. Some of the major international agreements for intellectual property law are the Berne Convention (1886), the TRIPS Agreement (1994), and the WIPO Copyright Treaty (1996).

Copyright law grants the owner certain exclusive rights, such as the right to reproduce, distribute, perform, display, or adapt their work. However, these rights are subject to limitations and exceptions based on public interest considerations such as fair use or fair dealing. 

You can use works that are protected by copyright without the owner’s permission if you are doing it for reasons such as reviewing, commenting, reporting news, educating, studying, or researching. When the copyright of a work expires, it enters the public domain, where anyone can use it without permission or payment. 

The length of protection varies depending on the type and date of the work but generally lasts for the author’s life plus 70 years or for 95 or 120 years for anonymous works and works-for-hire.

## What are The 4 Types Of Intellectual Property?

There are four main types of IP rights that businesses can use to protect their IP:

- **Patents:** If you have invented something new and useful, you can apply for a patent to get the sole right to make, use, sell, or import it for a certain period of time, usually 20 years.

A patent can cover anything from a gadget to a chemical compound.

To get a patent, you have to describe your invention in detail and show that it is not obvious to someone skilled in the field.

- **Trademarks:** A trademark is a sign that distinguishes the goods or services of one business from those of others, such as a word, a logo, a slogan, a color, a sound, or a shape.

A trademark can last indefinitely as long as it is used and renewed periodically. It can help a business build its brand identity and reputation and prevent confusion or deception among consumers.

*Learn [How to get Your Trademark Registered](https://www.grapelaw.com/library/content/how-to-get-your-trademark-registration)*

- **Industrial Designs:** An industrial design can be a shape, a pattern, a color combination, or a three-dimensional feature. It is the ornamental or aesthetic aspect of a product.

An industrial design can be protected for up to 25 years if it is registered and renewed periodically. It can significantly enhance the appearance and appeal of your product and increase its marketability and profitability.

- **Trade Secrets:** A trade secret is any confidential information that gives a business an advantage over its competitors. This category of IP includes a formula, a method, a technique, a process, or a customer list.

A trade secret does not require registration or disclosure but must be kept secret by reasonable measures.

## How to Protect Intellectual Properties?

There are several methods that businesses can use to protect their IP rights and prevent IP infringement.

### Registration
 
The first method to protect your IP is to register it with the appropriate authorities in your country or region. 

Registration will grant you legal recognition and protection for your IP and allow you to enforce your rights against infringers. Registration will also help you avoid conflicts with other IP owners and prevent others from registering similar or identical IPs.
### Monitoring 

The second method to protect your IP is to monitor it regularly and keep track of its use and status. 

Monitoring helps you detect any unauthorized or improper use of your IP by others and take timely action to stop it. Monitoring also helps you maintain and renew your IP rights and avoid losing them due to non-use or expiration.
### Enforcement 

You can also protect your IP by enforcing it against infringers and violators. Through Enforcement, you defend your IP rights and interests and deter others from infringing them. 

Enforcement can be done through various means, such as sending cease and desist letters, filing complaints, initiating lawsuits, seeking injunctions, claiming damages, or requesting customs seizures.
### Management
 
Intellectual Property Management is to help you maximize the value and potential of your IP and leverage it for your business goals and objectives. 

Management can involve various activities, such as licensing, franchising, transferring, selling, or donating your IP to others.

IP is one of the most critical assets of a business. It can give it a competitive edge, enhance its reputation, and generate revenue. However, it is also vulnerable to theft, copying, or misuse by others, which can harm the business and its owners. Therefore, it is essential for businesses to protect their IP rights and prevent IP infringement. This can be done by registering, monitoring, enforcing, and managing their IP effectively and strategically.

## FAQs about Intellectual Property Protection

### What is Considered Intellectual Property?

IP refers to the creations of the mind, including inventions, literary and artistic works, designs, symbols, names, and images used in commerce.
### What is Not Considered Intellectual Property?

Ideas, facts, methods, processes, systems, or skills that are not fixed in a tangible medium are not considered IP.
### How do I Protect my Product from Being Copied?

You can protect your product by applying for a patent, trademark, or copyright.
### What is the Violation of Property Rights?

Violation of Property Rights occurs when a third party uses an asset protected by IP law without proper authorization.
### Is a House an Example of Intellectual Property?

No, a house is not an example of intellectual property. A house is a physical object that can be owned, bought, or sold. IP is a creation of the mind that can be protected by law.
### What are Some Examples of Intellectual Properties?

Some examples of IP in different industries are: Apple's iPhone patents, Google's search algorithm; Nike's swoosh logo, Levi's jeans; Disney's Mickey Mouse character, Marvel's Avengers franchise; Coca-Cola's bottle shape and formula, Starbucks' green mermaid logo.
### What is the Difference between Property and Intellectual Property?

Property is anything that can be owned or controlled by a person or entity. Intellectual property is a subset of intangible assets that includes original works of authorship, inventions, designs, symbols, and names.
### What is the Law of Intellectual Property?

The law of intellectual property is the body of rules and principles that governs the creation, protection, and use of IP rights.
### What are the Four Types of Intellectual Property Protection?

The four primary types of IP protection are- patents, trademarks, copyrights, and trade secrets.
### What is an Example of IP Protection?

A patent that is granted for an invention, which gives the patent owner the exclusive right to decide how or whether the invention can be used by others.

### What are the Key IP Issues?

Identifying and protecting IP assets; preventing infringement; extracting value from IP; and enforcing IP rights.
### How can I Enforce Intellectual Property Rights?

They can be enforced through legal measures such as litigation or alternative dispute resolution methods such as mediation or arbitration.
### What is the Difference Between Copyright and Intellectual Property?

Copyright protects the rights of owners over their literary and artistic works, whereas Intellectual Property is a broader term that includes other creations of mind as enumerated in earlier question(s).  
### How can I Prevent IP Infringement?

Prevent intellectual property infringement by doing research, getting consent, following rules, raising awareness, and taking action.
### How can I Report IP Infringement?

Report IP infringement to IP offices, authorities, agencies, courts, online platforms, or IP owners.



Intellectual property is one of the most important assets of a business. Explore what they are and how you can  protect your business' intellectual properties!

medium_how-businesses-can-protect-intellectual-properties.webp

small_how-businesses-can-protect-intellectual-properties.webp

thumbnail_how-businesses-can-protect-intellectual-properties.webp

how-businesses-can-protect-intellectual-properties.webp

How Businesses Can Protect Intellectual Properties?

If you are a lawful permanent resident (green card holder) in the United States, you might be wondering what are the benefits of becoming a US citizen. It comes with many rights and advantages that are not available to non-citizens. On the other hand, U.S. citizenship is not only a privilege but also a responsibility.

Read this article to explore some of the **benefits of US citizenship and how you can obtain it.**

## What is the Citizenship of the United States?

Citizenship of the United States is a legal status that grants a person certain rights and obligations under the U.S. Constitution and laws. U.S. citizens are also members of a national community that shares a common history, culture, and values.

You can adopt two methods to become a U.S. citizen: **by birth, or by naturalization.** 

You are a U.S. citizen by birth if you were born in the United States or its territories, or if you were born abroad to at least one parent who was a U.S. citizen at the time of your birth. 

You can also become a U.S. citizen by naturalization, which is a process of applying for and obtaining nationality **after meeting certain US citizenship requirements for Green Card holders.**

*See also: [How to Become a US Citizen?](https://www.grapelaw.com/library/content/how-to-become-a-us-citizen-2022)*

### Benefits of US Citizenship

As a U.S. citizen, you can enjoy many benefits that are not available to non-citizens, such as:

- **Voting in federal, state, and local elections.** Only U.S. citizens can vote and have a say in how the government is run and who represents them.
- **Bringing your family members to the United States.** U.S. citizens can sponsor their parents, spouses, children, and siblings for permanent resident status without waiting for a visa number to become available.
- **Obtaining nationality for children born abroad.** Usually, children of U.S. citizens who are born abroad automatically acquire U.S. nationality at birth.
- **Traveling with a U.S. passport.** A U.S. passport allows you to travel to more than 180 countries without a visa or with a visa on arrival. It also enables you to get assistance from the U.S. government when you are outside the United States.
- **Receiving government benefits.** U.S. citizens are eligible for various federal benefits and programs, such as Social Security, Medicare, Medicaid, unemployment insurance, food stamps, and student loans.
- **Working in government jobs.** Many federal, state, and local government jobs require U.S. citizenhood as a condition of employment. 
*Read more about [Employment-Based Green Card](https://www.grapelaw.com/visas/employment-based) options.*
- **Running for public office.** Only U.S. citizens can run for elected positions at the federal, state, and local levels.

### Responsibilities of the U.S. Citizen

Along with the benefits of US citizenship come certain responsibilities that you must fulfill as a member of the national community, such as:

- Giving up all prior allegiance to any other nation or sovereignty
- Taking an oath of allegiance to the US and its Constitution
- Serving the country when required, such as by serving in the military or on a jury
- Participating in the political process by registering and voting in elections
- Respecting the rights and opinions of others
- Paying taxes and following the laws
- Contributing to your community and society

## How to Obtain the U.S. Citizenship?
If you are not a U.S. citizen by birth, you can apply for naturalization after meeting certain eligibility requirements.

### What are the U.S. Citizenship Requirements for Green Card Holders?
To be eligible for naturalization, you must:

- Be at least 18 years of age when you are filing your application
- Be a lawful permanent resident (green card holder) for at least five years (or three years if married to a U.S. citizen)
- Have a physical presence in the United States for at least half of the required residence period
- Have good moral character and not have committed certain crimes or violations
- Have basic knowledge of the English language and U.S. history and government
- Be willing to take an oath of allegiance to the United States

## What is Naturalization?

Naturalization is the process of acquiring citizenhood or nationality of the U.S. legally. You need to make an application in the prescribed format to complete the process. 

Learn more: [What is Naturalization?](https://www.grapelaw.com/visas/naturalization)

The US citizenship naturalization process involves several steps:

- Filing an application form (Form N-400) with supporting documents and fees
- Taking a biometrics appointment to provide your fingerprints, photograph, and signature
- Taking an interview with a USCIS officer to verify your identity, eligibility, and knowledge of English and civics
- Taking an oath of allegiance to the United States at a naturalization ceremony

### What are the Rights of the U.S. Citizen After Naturalization?

After you take the oath of allegiance, you become a full-fledged U.S. citizen possessing all the rights and responsibilities laid under the Constitution. You can:

- Apply for a U.S. passport and travel freely
- Vote during the local, state, and federal elections
- Sponsor your family members* for permanent resident status
- Apply for nationality for your children who are born abroad
- Receive government benefits and programs
- Work in government jobs and run for public office

**You can be a sponsor for your spouse, children, and parents as an immediate family which takes much less time. For other relatives, they are categorized in preferences.*

## Green Card vs US Citizenship

Many lawful permanent residents (green card holders) wonder whether they should apply for U.S. nationality or not. While both statuses offer many benefits, there are some differences that you should consider before making your decision.

**The main advantages of US citizenship over Green Card are:**

- Voting Rights
 
Only U.S. citizens can vote in local, state, and federal elections.

- Family Sponsorship
 
U.S. citizens can sponsor more relatives for permanent resident status than green card holders, and they have shorter waiting times for visa availability.

*Learn more about [Family-Based Green Card](https://www.grapelaw.com/visas/family-green-cards)s*

- Citizenship for Children Born Abroad

Children born abroad to U.S. citizens automatically acquire U.S. residency at birth, while children born abroad to green card holders may not be eligible for U.S. citizenship depending on various factors.

- Travel Restrictions
 
Green card holders must maintain their residence in the United States and cannot stay outside the country for more than six months without risking their status. They also need visas to travel to certain countries. U.S. citizens can travel freely without any time limits or visa requirements.

- Government Benefits and Programs 

Some federal benefits and programs are only available to U.S. citizens, such as Social Security, Medicare, Medicaid, unemployment insurance, food stamps, and student loans.

- Government Jobs and Public Office
 
Many federal, state, and local government jobs require U.S. nationality as a condition of employment. Only U.S. citizens can run for elected positions at the federal, state, and local levels.

- Deportation Risk
 
Green card holders can lose their status and be deported from the United States for various reasons, such as committing a serious crime, voting illegally, or abandoning their residence. U.S. citizens cannot be deported unless they obtained their nationality fraudulently. 

Benefits of US Citizenship include that US citizens cannot be deported unless they obtained their citizenhood fraudulently. 

- Tax Obligations
 
Both green card holders and U.S. citizens must pay taxes on their worldwide income to the U.S. government. However, advantages of US citizenship include that U. S. citizens may be subject to additional taxes or reporting requirements if they have foreign assets or income.

## FAQs about the U.S. Citizenship

**What are the pros and cons of U.S. citizenship?**

U.S. nationality has pros such as voting rights, travel benefits, and family sponsorship, and cons such as tax obligations, jury duty, and possible loss of original nationality.

**What are the Full Rights of the US Citizenship?**

The full rights of U.S. residency include the right to live and work in the U.S., the right to vote, the right to travel, the right to federal benefits, the right to family sponsorship, and the right to residentship for children.

**How Long Does it Take to Become a U.S. Citizen?**

The time it takes to become a U.S. citizen varies depending on several factors, such as your location, the number of applicants, the complexity of your case, and the availability of USCIS resources. Generally speaking, it can take anywhere from six months to two years or more from the time you file your application to the time you take your oath of allegiance.

**How Much Does it Cost to Become a U.S. Citizen?**

The current filing fee for naturalization is $725, which includes $640 for the application fee and $85 for the biometrics fee. You may also need to pay additional fees for other services or documents, such as translation, photocopying, medical examination, and legal representation.

**Can I Have Dual Citizenship?**

The United States does not formally recognize or prohibit dual residentship. However, when you become a U.S. citizen, you must take an oath of allegiance to the United States and renounce any previous allegiance to any other nation or sovereignty. This does not necessarily mean that you will lose your original residency, as that depends on the laws of your country of origin.

**Can I Lose my U.S. Citizenship?**

You can lose your U.S. nationality only if you voluntarily renounce it or if you obtained it fraudulently or illegally in the first place.

**How Can I Prepare for the Naturalization Test?**

The naturalization test consists of two parts: an English test and a civics test. The English test evaluates your ability to read, write, speak, and understand basic English. The civics test evaluates your knowledge of U.S. history and government.


Learn more about the U.S. citizenship, and its benefits. Keep in mind that you & your family could obtain U.S. citizenship through Green Card. Read more!

medium_what-are-the-benefits-of-us-citizenship.webp

small_what-are-the-benefits-of-us-citizenship.webp

thumbnail_what-are-the-benefits-of-us-citizenship.webp

what-are-the-benefits-of-us-citizenship.webp

What are the Benefits of the U.S. Citizenship?

Do you dream of living and working in the United States permanently? If so, you might be able to get a green card. 

A green card, or a permanent resident card, lets you stay, work, and travel in the United States as long as you follow the rules. 

There are different ways to get a green card, depending on your situation and qualifications. One of the most common ways is through consular processing (CP).

In this article, we are exploring what is Consular Processing, timeline, fees, and eligibility criteria. For more information you can get in contact with us.

## What is Consular Processing?
Consular processing means that you apply for a green card at a U.S. embassy or consulate in your home country or another country where you have legal permission to be.

Consular processing(CP) is different from the adjustment of status(AoS), which means that you apply for a green card from inside the United States.

For more information about [Adjustment of Status](https://www.grapelaw.com/library/content/adjustment-of-status-requirements-and-steps-grape-law) read our article!

### Steps for Consular Processing

The steps for applying for a green card through CP are different for each case and each type of permanent resident card. But the general steps are:

#### Step 1: Find Out If You Qualify and Which Category You Belong To

The first step is to find out if you can get a green card and which category you fit into. There are different categories of it, like family-based, employment-based, diversity lottery, humanitarian, and special immigrants. 

#### Step 2: Have Someone File a Petition for You

The next step is to have someone file a petition for you with USCIS. A petition is a form that shows your relationship with the person who files it and why you deserve a permanent resident card. The petition has to be approved by USCIS before you can go on with consular processing.

The most common types of petitions are Form I-130 for family-based Green Cards, Form I-140 for employment-based Green Cards, and Form I-360 for special immigrants.

*Addition to sponsorship, you can file your self-petition for some cases such as EB-2 NIW. As a consequence, there’s no need to get a sponsorship for such options.*

See [Employment-Based Green Card](https://www.grapelaw.com/visas/employment-based)s

#### Step 3: Wait for Your Turn to Apply for a Green Card

After your petition is approved, you will get a priority date, which is the date when your petition was filed or accepted by USCIS. Your priority date decides when you can apply for a Green Card. 

You can check the monthly **Visa Bulletin published by the U.S. Department of State** (DOS) to see if your priority date is current or not. 

If your priority date is current, it means that there are enough immigrant visas for your category and country, and you can go on with CP. If your priority date is not current, it means that there is a waiting list or delay for your category and country, and you have to wait until your priority date becomes current.

#### Step 4: Fill Out Form DS-260 Online

Once your priority date is current, you are eligible to proceed through the National Visa Center (NVC), which is an agency that handles the processing of immigrant visa applications for DOS. The NVC will tell you to fill out Form DS-260 online, which is an application for an immigrant visa and a Green Card.

#### Step 5: Pay the Fees

After filling out Form DS-260 online, you will have to pay two fees: the immigrant visa fee and the USCIS immigrant fee. The fees are different depending on your category and country of origin.

*Your DS-260 application will be rejected if you do not pay the fees in the correct amount and to the correct departments.*

#### Step 6: Attend Your Interview

The last thing you need to do is to go to the U.S. embassy or consulate where you applied for your permanent residency and have an interview with a consular officer. This is a very important part of the process, because **it’s your chance to show that you qualify to live in the US.**

Before your interview, you will get a notification from the U.S. embassy or consulate, telling you when and where your interview will be, and what documents you need to bring with you.

At your interview, **you will have to show your original documents**, like your passport, birth certificate, marriage certificate, police clearance certificate, medical exam report, and financial proof. You will also have to give your fingerprints and swear to tell the truth. The consular officer will then ask you questions about your application and your eligibility for a permanent resident card. 

**The consular officer will also check if there is any reason why you can’t come to the United States**, like having a criminal record, a contagious disease, a security risk, or a previous immigration problem. If there is such a reason, you might be able to ask for a waiver of inadmissibility, which is a way of asking for permission to enter the US. 

The consular officer will then make a decision on your application. If your application is approved, you will get a visa packet that has your immigrant visa and other documents. **You should not open this packet until you get to the border in the United States.** If your application is denied, you will get a notice that tells you why and if you can appeal or try again.

## Who Can Apply for a Green Card with Consular Processing?

Consular processing is an option for anyone who meets these requirements:

- You are outside the United States or willing to leave the United States to apply for permanent residency.
- You have an approved petition from a U.S. citizen or permanent resident relative, a U.S. employer, or another qualified entity.
- You have a current priority date based on the availability of immigrant visas in your category and country of origin.
- You qualify and are allowed to come to the US under the immigration laws and rules.

CP is not an option for anyone who meets these requirements:

- You are already in the US on a valid nonimmigrant visa or parole status and eligible to apply for adjustment of status.
- You entered the US illegally or stayed longer than your visa allowed without permission.
- You have been deported out of the US or have an order to leave.
- You have been banned from entering the US because of previous immigration violations or fraud.

## Consular Processing vs Adjustment of Status

There are two ways you can apply for permanent residency. As we have mentioned above the first one is  consular processing and the second one is adjustment of status. 

CP means you apply from outside the United States at a U.S. embassy or consulate, while adjustment of status means you apply inside the United States at a USCIS office. Both ways have their pros and cons, depending on your situation and what you want.

 ![Consular Processing vs Adjustment of Status](/uploads/consular_processing_vs_adjustment_of_status_f1ecf30270.webp) 

Some of the things that might affect your choice between CP and AoS are:

- **How long it takes:** CP is usually faster than adjustment of status because it has fewer steps and agencies involved in the United States. But CP can also face delays because of visa availability, security checks, extra processing, workload of official departments, or local issues at the U.S. embassy or consulate.
- **How much it costs:** CP is usually cheaper than adjustment of status because it has fewer fees and costs. But it can also have extra costs like travel expenses, translation fees, courier fees, or consultation fees.
- **How risky it is**: CP is riskier than adjustment of status because it requires you to leave the United States if you are already here on a temporary visa and come back with an immigrant visa. This means that you might face more questions at the border or be denied entry if they find any reason why you can’t come to the United States. 
Adjustment of status does not require you to leave or come back to the United States and lets you stay in legal status while your application is pending. On the other hand, you may face some difficulties adjusting your status because of eligibility criterias.
- **What benefits it has:** CP has fewer benefits than adjustment of status because it does not let you work or travel in the United States while your application is pending. Adjustment of status lets you apply for work authorization and travel permission while waiting for your Green Card approval.

In the end, the best option for you depends on your personal situation and goals. You should talk to an immigration lawyer or an accredited representative before making a decision.

## What is the Consular Processing Timeline?

The consular processing timeline is how long the whole process takes from when you file the petition to when you get the permanent resident card. The timeline can vary depending on your category, country, and case details, but the average time is about 12 to 18 months.

### The Consular Processing timeline has four stages:

- The petition stage. 
- The NVC stage.
- The interview stage. 
- The visa issuance stage. 

You can check the status of your application at each stage on official [Consular Electronic Application Center](https://ceac.state.gov/CEACStatTracker/Status.aspx)

*Calling or sending email could not be a good option to get a quick answer considering the workload in consulates and other official immigration centers.* 

## What are the Consular Processing Fees?

When you apply for permanent residency through CP, you have to pay some fees for your application. These fees are not refundable and not transferable, even if your application is rejected or canceled.

The fees for CP have two parts:

- **The immigrant visa fee:** This is the fee that you have to pay to the NVC before you fill out Form DS-260 online. How much you have to pay depends on your category and country of origin.
- **The USCIS immigrant fee:** You pay this fee to USCIS after you get your immigrant visa and before you enter the United States. The fee is $220 for everyone.

Besides these fees, you might also have to pay for other things, such as:

- The Petition Filing Fee 
- The Medical Exam Fee
- The Translation Fee
- The Travel Expense
- The Consultation Fee

You should keep receipts or proof of payment for all the fees and expenses related to CP, as you might need them for your records or for later use.

## How to Check the Status of My Green Card Application

You can check your application status anytime by using online tools or contacting the agencies involved. Here are some ways to check your application status:

- **Case Status Online:** This is an online tool from USCIS that lets you check the status of your petition and other applications filed with USCIS. You will need your receipt number.
- **CEAC Status Check:** This online tool by DOS helps you check the status of your immigrant visa application and pay the fees you need to pay. You will need your case number and invoice number.
- **Visa Status Check:** Through this tool, you can check the status of your visa after your interview at the U.S. embassy or consulate.
- **U.S. Embassy or Consulate:** You can also call or email the U.S. embassy or consulate where you applied for your Green Card to check the status of your application. You will need your case number, passport number, and other personal information.
- **USCIS Contact Center:** You can alternatively call, email, or mail USCIS also to check the status of your petition and other applications filed with USCIS. 

## What if My Green Card Application is Rejected?

If they say no to your application, it means that you don’t qualify for a Green Card based on what you told them and what documents you gave them. You will get a notice from the U.S. embassy or consulate that tells you why they said no and if you can appeal or try again.

The most common reasons for rejection are:

- Incomplete or inaccurate application
- Inadmissibility
- Fraud or misrepresentation
- Visa unavailability

If your application is rejected, you may have some options to overcome the rejection, such as:

- Correcting or updating your application
- Applying for a waiver of inadmissibility
- Appealing or reapplying

If your consular process for Green Card application has been rejected, don’t lose hope. [Contact our experienced attorneys](https://www.grapelaw.com/contact) at Grape Law for a consultation.

## What is Next After I Hold a US Green Card?

You must be excited to finally have your Green Card and become a permanent resident of the United States. This means you can live, work, and travel in the U.S. as long as you keep your status. You can also apply for citizenship someday if you want to. And you can help your family members get their permanent residency permit too.

Know more about [Family Green Card](https://www.grapelaw.com/visas/family-green-cards)s.

But being a permanent resident also comes with some duties and rules that you need to follow. For example, you have to pay taxes and follow the law, just like everyone else. You also have to keep your permanent residency updated and let USCIS know if you move to a new address. And you have to respect the U.S. Constitution and the way the government works there.

If you still have any questions or worries about Consular Processing, [get a professional consultation](https://calendly.com/grapelaw) today from Grape Law. We can help you understand the application and document process. 

## FAQs on the Consular Processing

**How Long is Consular Processing Taking?**

Consular processing timeline depends on many factors and it can take months or years by your application.

**Can You Enter The U.S. While Consular Processing?**

No, you cannot enter the U.S. while Consular Processing unless you have a valid nonimmigrant visa or another entry permit. Otherwise, you may be denied.

**Is Cp Better Than AoS?**

The advantages and disadvantages of Consular Process for Green Card compared to Adjustment of Status depends on your situation and preferences. You should consider your eligibility, location, travel plans, time, and costs.

**Can You Travel With CP?**

You are not allowed to enter the U.S. while the Consular Processing application is pending. On the other hand, there’s no restrictions for other countries. Also, you can visit the U.S. with a valid non-immigrant visa. 

**What Happens After CP?**

You get an immigrant visa stamp and a sealed packet of documents. Enter the U.S. and get your Green Card by mail.

**Can CP Be Denied?**

Yes, for various reasons, such as: ineligibility, fraud, crime, security, health, public charge, or errors. 

**What Documents are Needed for Consular Processing?**

It varies, but generally: a passport, birth certificate, marriage certificate (if any), police certificate, medical report, affidavit of support, proof of relationship (if any), and other documents are needed.

**How Do I Start CP?**

You need an approved petition and an available visa number. Pay the fees and submit the online form and documents. Schedule and attend an interview.

**How Much Does CP Cost?**

It varies by your application. You need to pay USCIS filing fee, Department of State fee, medical exam fee, and other fees such as consultation and travel costs.

**I Have An Approved I-130. How Much Longer Can I Get A Green Card?**

You still need to wait for a visa number to be available. Check the Visa Bulletin online. Then proceed with CP or AoS.

**Can I Visit The US With A Pending I-130 Petition?**

Yes, if you have a valid nonimmigrant visa or another entry authorization. But prove that you don’t intend to stay or adjust status. And avoid staying too long or making frequent trips.


Learn more about what consular processing is, its timeline, differences between status of adjustment, costs, and much more through our article!

how to get green card outside united states

medium_how-to-get-green-card-through-consular-processing.webp

small_how-to-get-green-card-through-consular-processing.webp

thumbnail_how-to-get-green-card-through-consular-processing.webp

how-to-get-green-card-through-consular-processing.webp

Consular Processing - How to Get a Green Card Through It?

If you are a noncitizen who wants to work in the United States, you may need to get Employment Authorization Document (EAD). An EAD is a card that proves that you are authorized to work in the United States for a specific period. It is also known as **Form I-766 or a work permit.**

**What is The Difference Between Visa, Green Card and EAD?**

- A visa allows you to enter and stay in the US for a certain purpose, such as studying, visiting, touring, or working. 
- A green card grants you permanent residency and the right to work in the US indefinitely. 
- An EAD, on the other hand, gives you temporary permission to work in the US while you are in a certain immigration status or situation.

In this article, we will explain what an EAD is and what you need to know about EAD.

## Requirements for Getting an EAD
Not everyone needs a work permit to work in the United States. **Some noncitizens are authorized without EAD to work in the States because of their immigration status or circumstances.** 

For example, lawful permanent residents (green card holders), asylees, refugees, and certain nonimmigrant visa holders (such as H-1B, L-1B, O, or P) do not need a work permit document to work in the US. They can use their green card or visa as evidence of their work permit.

*Want to get a [Green Card with US employment](https://www.grapelaw.com/library/content/how-to-get-a-green-card-with-us-employment)? Learn how.*  

However, some noncitizens are required to apply for an authorization document if they want to work in the United States. 

For example, if you have a **pending Form I-485** (Application to Register Permanent Residence or Adjust Status), a **pending Form I-589** (Application for Asylum and for Withholding of Removal), or a nonimmigrant status that does not allow you to work without permission from USCIS (such as an M1 or F1 student), you need to do the filing before you can start working.

*Check out the types of [Employment Visa Options in the US](https://www.grapelaw.com/library/content/working-in-the-us-a-guide-to-employment-visa-options).*

There are many categories of noncitizens who are eligible for an employment authorization document. **Some of the common categories include:**
- [Adjustment of Status](https://www.grapelaw.com/library/content/adjustment-of-status-requirements-and-steps-grape-law) applicants
- Asylum applicants and asylees
- [Deferred Action for Childhood Arrivals](https://www.whitehouse.gov/briefing-room/statements-releases/2023/04/13/fact-sheet-fact-sheet-president-biden-announces-plan-to-expand-health-coverage-to-daca-recipients/) (DACA) recipients
- Temporary Protected Status (TPS) beneficiaries
- U visa applicants and U nonimmigrants
- Spouses and dependents of certain nonimmigrant visa holders
- M1 and [F1 students](https://www.grapelaw.com/library/content/how-to-apply-for-f1-student-visa) seeking [optional practical training](https://www.grapelaw.com/library/content/employment-for-international-students-in-the-us) (OPT) or curricular practical training (CPT)
- Spouses and dependents of [J1 exchange visitors](https://www.grapelaw.com/visas/student-and-exchange-visitor-visas/j-1-visa)

Some applicants may also qualify for a permit based on **compelling circumstances**. These are circumstances that prevent the applicants from maintaining their current nonimmigrant status or may prevent them from obtaining other immigration benefits. 
**Applicants may include:**
- victims of domestic violence, human trafficking, or other crimes
- applicants facing extreme hardship due to unforeseen events
- applicants eligible for humanitarian programs

## How to Apply for an EAD?
To apply for an employment authorization document, you need to file Form I-765 (Application for Employment Authorization) with USCIS. You can file online or by mail, depending on your eligibility category. 

### Application Documents
When you file Form I-765, you need to submit some supporting documents along with your application fee. 
The exact documents you need may vary depending on your eligibility category, but generally, **they include:**
- A copy of your passport or any other official government-issued ID 
- A copy of your current visa or other immigration document (such as your Form I-94)
- A copy of your previous work permit (if any)
- Two passport-style photos
- Any other documents that show your eligibility for a work permit (such as your Form I-485 receipt notice, your asylum approval notice, your TPS registration notice, etc.)

You can find the specific document requirements for each eligibility category on the [USCIS website](https://www.uscis.gov/green-card/green-card-processes-and-procedures/employment-authorization-document) or on the [Form I-765 instructions](https://www.uscis.gov/i-765).

## How Long Does It Take to Receive an EAD?
The processing time for an employment card may vary depending on several factors, such as your eligibility category, the USCIS office handling your case, and the volume of applications received by USCIS. 

You can check the current processing times by selecting the form number (I-765) and the service center that is processing your application.

Generally, it may take anywhere from **2 to 12 months** to receive your permit after you file your application. However, some applicants may experience longer delays due to various reasons, such as background checks, requests for additional evidence, or administrative errors.

**If your EAD application is pending for more than 90 days**, you can contact USCIS to inquire about the status of your case. 

You can also request expedited processing of your permit filing if you meet certain criteria, such as severe financial loss, humanitarian reasons, or emergencies. 

You can find more information on how to request expedited processing on the [USCIS website](https://www.uscis.gov/forms/filing-guidance/how-to-make-an-expedite-request#:~:text=You%20can%20generally%20request%20expedited,have%20obtained%20a%20receipt%20notice.).

## How to Renew Your EAD?
If your EAD is about to expire and you are still eligible for it, you can apply for a renewal of the employment authorization document. 

You need to file a new Form I-765 with the same documents and fee as your initial application. **You should file your renewal application at least 180 days before your current document expires to avoid any gaps in your permit filing.**

Some applicants may be eligible for an automatic extension of their permit for up to 180 days while their renewal application is pending. This applies to certain categories of applicants who file their renewal application before their current EAD expires and who meet other requirements. 

You can find the list of categories eligible for an automatic extension [here](https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/40-completing-section-2-of-form-i-9/44-automatic-extensions-of-employment-authorization-andor-employment-authorization-documents-eads-in).

If you are eligible for an automatic extension, you can use your expired work permit along with your Form I-765 receipt notice as evidence of your employment card during the extension period. However, some employers may not be familiar with this rule and may require you to present a valid EAD to continue working. In that case, consult an immigration attorney for assistance.

## How to Replace Your EAD?
If your EAD is lost, stolen, damaged, or contains incorrect information, you can apply for a replacement of your USCIS employment authorization document. 

- You must file a new Form I-765 with the same documents and fee as your initial application. 
- You should also include a copy of your original EAD. (if available) 
- Explain why you need a replacement.

You will also need to provide the document number on your previous or current employment card. The document number on an employment authorization card is a 13-digit number that starts with three alphabets and is followed by 10 numerical digits, and it locates at the front of the authorization document. 

If your employment card is lost or stolen, you should also report it to the local police and obtain a police report. This will help you prevent any identity theft or fraud using your card.

## Get Professional Help on the Way to Employment Card
We at Grape Law Firm, have a team of experienced and dedicated immigration lawyers who can help you with all your immigration needs. Whether you need a work permit card, a visa, a green card, or any other immigration benefit, we can guide you effortlessly through the process and ensure that your application is done completely and successfully.

You can [message us](https://www.grapelaw.com/contact) anytime through our website or [schedule a video consultation](https://calendly.com/grapelaw) with one of our experienced lawyers.

## Frequently Asked Questions
### What Is The Difference Between an EAD and a Visa?
A visa is a document that allows you to enter and stay in the United States for a specific purpose and duration. A visa does not necessarily authorize you to work in the US. 

An EAD is a document that proves that you are authorized to work in the States for a specific time period. An Employment Card does not grant you any immigration status or allow you to enter or stay in the US. You need to have a valid visa or another immigration status to be eligible for a work permit document.

Want to learn more about [employment visa](https://www.grapelaw.com/visas/employment-based), check out.

### What Is The Difference Between an EAD and a Green Card?

A green card is a document that grants you permanent residency in the United States. It allows you to live and work in the US indefinitely without any restrictions or limitations. A green card also gives you certain rights and benefits, such as applying for citizenship, sponsoring family members, traveling abroad without losing your status, etc.

An EAD is a document that gives you temporary permission to work in the US while you are in a certain immigration status or situation. An Employment Card does not grant you any permanent residency or citizenship rights. The employment card also has an expiration date and needs to be renewed periodically.

### Who Issues The Employment Authorization Document?

The employment authorization document EAD is issued by USCIS. USCIS is responsible for processing applications for immigration benefits.
### How Much Is an Employment Authorization Document?

The filing fee for the permit is $410 as of February 2023. However, some applicants may be exempt from paying the fee or eligible for a fee waiver based on their eligibility category or financial situation.
### Is It Hard To Get An EAD?

The difficulty of getting the document depends on several factors, such as your eligibility category, the availability of visas or other immigration benefits, the processing time of USCIS, and the complexity of your situation. 



An EAD gives you legal status to work in the US. Find out your eligibility to apply for employment authorization document and learn more about the process!

medium_what-is-an-employment-authorization-document.webp

small_what-is-an-employment-authorization-document.webp

thumbnail_what-is-an-employment-authorization-document.webp

what-is-an-employment-authorization-document.webp

What is an Employment Authorization Document?

Many international students pursue higher education in the United States with the hope of finding employment opportunities in the country after graduation. **However, being granted a visa to study does not guarantee a visa to work.** 

After completing their studies, international students may face uncertainty and challenges in securing a job and staying in the US.

Fortunately, **the US offers several options that allow international students to gain work experience and explore career opportunities after graduation.** These options vary depending on the type of visa, degree, and field of study of the student. Some of these options require prior authorization from the US government, while others are more flexible and accessible.

This article explores **five viable options available to [international students](https://www.grapelaw.com/visas/student-and-exchange-visitor-visas) seeking employment in the US after graduation.** It also provides tips for finding a job and the significance of planning ahead for a successful career transition whether you want to work temporarily or permanently in the US.

## Importance of Understanding Visa Requirements for International Students

You’re an international student who wants to have post study work in the US after graduation. But do you know what visas you need and how to get them? 

Each visa option has different rules and steps to follow. You need to learn these rules and steps so you can plan your post-graduation steps and avoid trouble.

Apart from reading this article, think about your own situation and talk to immigration experts to find out the best visa or training option for you.

Let’s get started with the 5 best options to work in the US after graduation.
## 1. Curricular Practical Training (CPT)

As an international student in the US, you can benefit from **Curricular Practical Training (CPT)**, a work authorization program that lets you work in a job that is related to your field of study.

You can choose to work part-time or full-time, either during the school year or during breaks. But before you can start working, **you need to meet some requirements.** 

- Be enrolled in a US institution for at least one academic year (the first 9 months after you enroll)
- Get approval from the Designated School Official (DSO) who knows your program requirements

CPT is a great way to get hands-on experience and use your academic knowledge in real-world settings. It also helps you build professional networks and get ahead in the job market.
## 2. Optional Practical Training (OPT)
 
As an international student in the US, you can also work in your field of study for a certain time, usually up to 12 months, after finishing your academic program. This is called **Optional Practical Training (OPT)**.

You can do OPT either before (pre-completion OPT) or after (post-completion OPT) graduation.
### Pre-Completion OPT
 
You can **work in your field of study before finishing your degree program** with Pre-completion OPT. You can work part-time during the school year and full-time during breaks.

But you need to meet some requirements to do pre-completion OPT. You need to have completed **at least one academic year of study** and keep your [F-1 student status](https://www.grapelaw.com/library/content/student-visa-options-in-the-us-f1-m1-j1).
### Post-Completion OPT
 
Now Post-completion OPT allows you to **work after completing your degree program**. It is typically full-time and can last for a **maximum of 12 months.** 

But you need to meet some requirements for qualifying for this training. You need to have finished your program of study and apply for the employment authorization document (EAD) from the US Citizenship and Immigration Services (USCIS).

Optional Practical Training (OPT) provides international students like you with an opportunity to gain practical hands-on work experience and learn closely about the US job market. It helps you connect your academic study and professional employment, improve your employability and explore potential long-term career opportunities.
## 3. STEM Optional Practical Training Extension (OPT) 

If you are a STEM graduate, you can work for longer in your field of study with STEM Optional Practical Training Extension (STEM OPT). This is **a special extension of the regular OPT program for students** who have completed a degree in a STEM field.

STEM OPT lets you work for an **extra 24 months**, making it a total of 36 months of OPT.

But you need to meet some requirements to do STEM OPT. You need to have a degree in a STEM field and **a job offer from an employer who is part of the E-Verify program**.

You also need to have a formal training plan from your employer that shows how the job will help you achieve your practical training goals.

The STEM OPT extension is very helpful as it gives you more time to work and learn in your field of study. You can get more work experience and possibly find long-term employment opportunities in your chosen field.

STEM OPT also gives you a chance to discover and contribute to the exciting fields of science, technology, engineering, and mathematics.

See also [How to Work as a F1 Student](https://www.grapelaw.com/library/content/employment-opportunities-for-f1-students)
## 4. H-1B Visa
 
The [H-1B work visa](https://www.grapelaw.com/visas/employment-visas/h-1-b-visa) program is one of the most sought-out pathways for international students seeking long-term employment in the United States. If you want to work in the US for a longer period, you can apply for the H-1B visa program. This is a **non-immigrant visa category that lets US employers hire foreign workers in specialized occupations.**

Many international students use the H-1B visa as a way to continue working in the US after their OPT period ends. 

**The H-1B visa usually lasts for three years**, and you can extend it for another three years.

But you need to meet some requirements to get the H-1B visa. 

- Be an international student with a job offer from a US employer who is ready to sponsor you
- You have specialized knowledge and skills that are hard to find among US workers

**One challenge with the H-1B visa is the limited number of visas issued each year.** The US government issues 85,000 new H-1B visas each year. Out of these, 65,000 are for employers in the US, and 20,000 are for employers who hire foreign workers with a master’s degree or higher from a US institution. 

This is called the H-1B Cap. Because of this cap, the H-1B visa application process is very competitive, and not all applicants may get approval.
For more information visit [What is H1B Cap and Who Qualifies for Exemption](https://www.grapelaw.com/library/content/understanding-the-h1b-cap-exemptions).
## 5. Employer Sponsorship and Green Card

Another option for a work permit for students in the USA after graduation is [employer sponsorship for Green Card](https://www.grapelaw.com/visas/employment-based/eb-3-green-card). 

This option allows you to stay and work in the US with Green Card, but it also requires a strong commitment from both you and your employer.

To get a permanent residency or international student Green Card through employer sponsorship, you and your employer need to follow a few steps.

- First, your employer needs to file a petition for you, stating that they want to hire you.
- Next, your employer needs to prove that they could not find any qualified US workers for your position.
- Then, you can apply for permanent residency under a specific category, such as employment-based immigration.
 
See also [Employment-Based Green Card](https://www.grapelaw.com/visas/employment-based) options

**Getting a Green Card with employer sponsorship can be challenging and lengthy.** You should consult an immigration attorney who can help you with the process and make sure you meet all the requirements.
## Finding a Job in the US After Graduation

Finding a job in the US after graduation can be a rewarding but challenging goal. **You need to plan ahead and take action during your studies in order to have a clear picture of what to do after graduation.** 

Here are some helpful tips for you to land a great job opportunity:
### Do Some Networking

Building a professional network is crucial for finding job opportunities. **You should attend career fairs, industry events, and join professional associations related to your field of interest.** 

Networking involves connecting with alumni, professors, and professionals physically, or virtually through platforms like LinkedIn. It is a must that you have a professional online presence that helps you actively showcase your profile and portfolio. 

Your successful networking can lead you to desirable job referrals, internships, and valuable insights into the job market.
### Leverage University Career Services

Leverage the career services offered by your university. Almost every career cell of a university provides guidance on job search strategies, resume and cover letter writing, interview preparation, and tips on ways to connect with potential employers.

So **take advantage of workshops, mock interviews, and resources provided by your career cell to enhance your job-securing skills.** 

The career cell can also inform you about recent job fairs and upcoming recruitment events. Always keep a check on the latest updates on their websites, or notice boards.
### Thoroughly Research Companies

**A thorough research on companies that sponsor international employees can lead you to opportunities you might not be even aware of.** So always search for organizations with a history of hiring international graduates and providing visa sponsorship. 

Your focus should be the companies that align with your career goals and values. Explore their websites, company culture, and available job opportunities. 

Tailor your application materials to each shortlisted company so that you can demonstrate your enthusiasm and thus fit for the role.
### Participate in Internships and Co-Op Program
s
Participating in internships and co-op programs during your studies can provide valuable work experience and potentially lead to full-time employment. **Many companies use internships as a pipeline for hiring new graduates.** 

Seek out internships and co-op opportunities that align with your career interests. During the selection process, make a positive impression to increase your chances of being hired. 

You should ideally look out for job opportunities while you are in college. Preparation for great career opportunities after graduation may also involve getting a good GPA, participating in extracurriculars (leadership, skill-building activities), and permitted volunteering.

It might be challenging for you to land a post study work opportunity quickly after graduation, however, if you keep persisting, applying, following up, and improving your skills, no job would be out of your reach. So don’t give up after rejections, or challenges. Always remember why you started and why you came to the US, that is, to fulfill your American Dream. 
## Professional and Experienced Help - Grape Law

As an international student studying in the US, you have many choices for finding work opportunities after graduation.

The Curricular Practical Training (CPT) and Optional Practical Training (OPT) programs enable you to gain practical work experience during or after your studies. If you’re a student in science, technology, engineering, or mathematics field, then the STEM OPT extension can give you more time to work in the US. Moreover, the H-1B visa allows you to work for a longer term, while employer sponsorship for permanent residency lets you pursue a career in the US permanently.

By exploring these options, and planning ahead, you can maximize your opportunities for employment in the US after graduation and embark on a rewarding professional journey. [Send a message](https://www.grapelaw.com/contact) or [schedule a video call](https://calendly.com/grapelaw) today for your next step in the US.


Finding work opportunities in the US after graduation can be challenging for international students. In this article you can discover 5 options.

employment after graduation for students in america

medium_employment-for-international-students-in-the-us.webp

small_employment-for-international-students-in-the-us.webp

thumbnail_employment-for-international-students-in-the-us.webp

employment-for-international-students-in-the-us.webp

Employment After Graduation for International Students in the US

The E1 and E2 visas are two types of **nonimmigrant worker visas.** **The [E1 visa is for Treaty Traders](https://www.grapelaw.com/visas/investor-and-trader-visas/e-1-visa), while [E2 is for Treaty Investors](https://www.grapelaw.com/visas/investor-and-trader-visas/e-2-visa).**

Holders of the E1 trader visa are meant to carry out **trade activities in the US** on a temporary basis, whereas E2 investor visa holders can make **investments and move to the US temporarily.** You must note however that E1 and E2 **both are issued to nonimmigrants of select countries with which the US has a treaty of Trade and Commerce.**

The differences between E1 and E2 are significant and subtle, thus you should choose the visa that fits your situation the best.

This article might help you decide whether visa type E1 or E2 would be suitable for you.

## E1 Trader Visa

The E1 visa allows an**individual trader or an employee of a US trading company to work legally on trading operations inside the US.**

The US company with which the individual is associated should carry out at least 50% of the business with the individual's country.

The trader or the trading employee must belong to one of the treaty countries of trade and commerce [listed by the US](https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/treaty.html). **If your country is not on the list, you will not be eligible for this visa type E1.**

Trade activities are **not restricted to any specific trade or industry**, so as long as it's legal you can engage in any kind of trade.

The **initial time period for an E1 trader visa is 2 years**, which can later be renewed in 2-year increments an unlimited number of times.

The 2 years initial validity is just a general indicator. The actual validity varies from case to case as various factors affect the initial validity. Factors like reciprocity rules between treaty countries, your nationality, application method, and portfolio of enterprise decide the initially approved period of stay.

According to USCIS, the trade in goods and services should be 'substantial' in terms of value and volume. Some examples of trade activity enterprises that qualify under the E1 category include International Banking, Insurance, Transportation, Tourism, and Communications.

### Advantages and Limitations of the E-1 Status
**Some advantages of E1 status include:**

- Ability to travel freely in and out of the US while possessing a nonimmigrant status.
- Ability to stay on a prolonged basis by taking two-year increments, with an unlimited number of extensions. 
- Ability to keep your dependents with you in the US, as long as you maintain your status.
 
**Some limitations of the E1 status include:**

- The fact that you are restricted to working on the self-employed business, or for the specific employer that acted as your E1 sponsor.
- The E1 trader visa is available only to foreign nationals of select treaty countries. 

## E2 Investor Visa
The E2 investor visa allows foreign nationals of **treaty countries to invest in and manage a business in the US.** This is a non-immigrant visa available only to the residents of countries having a [bilateral investment treaty](https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/treaty.html) with the US, as in the case of the E1.

Some businesses that you can invest in under the E2 status are real estate, tourism, education, home services, gastronomy, construction, pets and personal care, and others. In short, the investment must be in a legal business, and should be 'substantial'.

Substantial is a vague term, however, it implies that- in a **substantial business investment the investment funds or assets are committed and irrevocable** i.e. the money invested in the enterprise should be at risk; the investment must be sufficient to carry out day-to-day business tasks or the successful operation of the enterprise.

### Advantages and Limitations of the E-2 Status
**Below are a few great benefits of this status:**

- The ability to live and work in the US for an extended period of time
- The ability to travel freely in and out of the States, and bring your children & spouse to the country.

**E2 also comes with a few disadvantages:**

- Investors from only a few countries are allowed.
- The investment fund must be substantial, at risk, and under control. 
    - Generally speaking, a minimum investment of USD 100,000 in an enterprise supports a good visa type E2 case. In case, you are unable to make this much investment, then you can invest lesser than USD 100,000 in low-cost startup businesses. 
    - Basically “substantial” investment amount differs and depends on the overall value of the enterprise.
- The investor's sole purpose for coming to the US must only be the development and management of the bona fide enterprise. 
## Common Eligibility Requirements for E1 and E2
1. **Treaty Requirement** 

Firstly, the applicant's home country must have a valid treaty of trade and commerce or a bilateral investment treaty with the US.

2. **Nationality Requirement**
The applicant must be a national of the listed treaty countries.

3. **Ownership or Control** 
The applicant or their employer must have either a 50% ownership of the trading company/ investment enterprise, or they should have operational control of the enterprise through a managerial position.

4. **Investment/Trade Requirement** 
The individual or their associating trade company/investment enterprise must engage in or make an investment in a substantial manner.

The trade should have a continuous flow of goods, services, or technology. In the case of substantial investment, it should ensure the success and viability of the business. 

*See also: [Employment Visa Options in the US](https://www.grapelaw.com/library/content/working-in-the-us-a-guide-to-employment-visa-options)*

## E1 and E2- Key Differences
While both visas have lots of similarities in terms of validity, treaty countries, and broad purposes, they also have a few considerable differences. 

**Check the following key differences between E1 and E2**

1. The primary focus of E1 is Trade, while that of E2 is Investment. 
2. The broad purpose of the E1 trader visa is to promote and facilitate ongoing trade activities of the US with treaty countries. While an E2 investor visa purposefully supports the growth and success of a US enterprise, with the help of a treaty country.
3. The applicant is not required to make any sort of investment for obtaining E1, while it is a must for visa type E2.
4. Generally, the initial validity of the E1 and E2 are up to two years. The validity varies from country to country. However, you could be granted two years of extensions with no limit.
5. The initial validity for E1 and E2 is subject to your country of residence, the age of your enterprise, and reciprocity rules between your country and the US.

*See Also: [Visa for Entrepreneurs in the US](https://www.grapelaw.com/library/content/permanent-and-non-immigrant-visa-for-entrepreneurs-in-the-u-s)*

## List of E1 and E2 Treaty Countries
Over 60 countries have the treaty of trade and commerce with the US, as of 2023.
 
Wondering whether your country is on the list or not? You can check the full [list of E-1 and E-2 treaty countries here](https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/treaty.html). 

## Choosing the Right Visa

If you are still wondering which one you should choose, you can weigh in a few factors for making the best choice.

The following are the factors to consider when deciding between E-1 and E-2 visas.
### Nature of Business Activities
 
Assess the type of activities you or your company are primarily engaged in. 

If your business involves **substantial trade between your home country and the United States, the E-1 may be more suitable. Conversely, if your goal is to make a substantial investment in a U.S. enterprise, the E-2 would be a better fit.**
### Capital Investment Capacity
 
You should evaluate your financial resources and determine the amount of capital you are willing and able to invest. 

The E-2 status requires a substantial amount of investment, which should be sufficient to ensure the success, viability, and reciprocity of the business. So, if you have the financial means to make a significant investment, E-2 may be a viable option for you. 

On the other hand, if you have limited capital but you engage in substantial trade, the E-1 status might be a better choice. 
### Long-Term Goals and Plans
 
Reflect on your long-term objectives in the United States. If you intend to establish a long-term presence and actively participate in trade or investment activities, evaluate which status provides the most suitable framework for your goals. 

Consider other factors such as the duration of the stay allowed under both visa statuses, the potential for renewal, and the path to permanent residency or other immigration options for playing it long term.

**Each individual's situation is unique, and thus it is recommended that besides eligibility requirements, benefits, and other provisions, you evaluate your individual circumstances too, and then opt for the choice between E-1 and E-2.** 

Consulting with an experienced immigration attorney can help you make an informed decision on the basis of your individual profile, needs, and goals.
## We are Here to Help
You can obtain an E1 trader visa or E2 investor visa by meeting the eligibility requirements, being from the treaty country, and by demonstrating substantial trade/investment in a US enterprise. 

However, a single mistake or omission in your application can cost you denial, so the visa rules, eligibility, and application process must be carefully adhered to. If you feel hesitant filling out the application or making the formalities yourself, and want to ensure your application is perfect, [leave us a message](https://www.grapelaw.com/contact) or [schedule a video meeting](https://calendly.com/grapelaw) now. Our immigration advisor would take care of the rest. 




The E1 and E2 visas are two types of nonimmigrant worker visas. The E1 visa is for 'Treaty Traders', while E2 is for 'Treaty Investors'.

medium_e1-trader-and-e2-investor-which-one-you-should-apply.webp

small_e1-trader-and-e2-investor-which-one-you-should-apply.webp

thumbnail_e1-trader-and-e2-investor-which-one-you-should-apply.webp

e1-trader-and-e2-investor-which-one-you-should-apply.webp

E-1 Visa and E-2 Visa: Which One You Should Apply?

The 90-Day Rule disallows an alien on a nonimmigrant visa to participate or engage in any activity that is inconsistent with his/her official nonimmigrant status.

This rule simply implies that you cannot do anything contrary to your stated purpose of visit, while you are on a nonimmigrant visa like [B1 business visa](https://www.grapelaw.com/visas/visitor-visas/b-1-visa) or [B2 tourism visa](https://www.grapelaw.com/visas/visitor-visas/b-2-visa). People with dual intent visa such as [H1B temporary workers](https://www.grapelaw.com/visas/employment-visas/h-1-b-visa) or[ L1A intracompany transferees](https://www.grapelaw.com/visas/investor-and-trader-visas/l-1-a-visa), however, need not worry about the 90-Day Rule, as they are free to conduct themselves lawfully.

**Any “misrepresentation” of the official and on-record intent of your nonimmigrant status** during the first 90 days, can lead to or impact your ability to obtain a future visa, or even your admission into the United States. Thus, it is essential to understand the 90-day Rule, if you're planning to visit the United States on a non-immigrant status.


## What Exactly is the 90-Day Rule? 

The 90-day Rule is a guideline used by U.S. immigration officials **to determine whether a non-immigrant visitor has violated their status** by engaging in unauthorized activities during their stay in the United States. 

Essentially, it states that if a non-immigrant visitor participates in any unauthorized activities within 90 days of entering the United States, their actions will be presumed to have been preconceived and contrary to the “representations” made at the time of their admission. 

### Understanding “Misrepresentation”

“Misrepresentation” under the immigration law is any information that is provided with the intention to deceive. Or any action that renders the provided information (material representation) contrary to what is being done on the visit. So, if you have any other intention of visiting U.S. contrary to the stated purpose of the visa, **it will be considered as “misrepresentation” on your behalf.**

Many visitors commit the act of misrepresentation intentionally or unintentionally. For example, people go on a [nonimmigrant tourist visa](https://www.grapelaw.com/visas/visitor-visas/b-2-visa) (B2) often assume or intend that they can marry once they enter in the U.S. The stated purpose of B2 visa is a tourist visit, but when the visitor use it for marrying after entering the U.S., it will be presumed as misrepresentation.

## How Does The 90-Day Rule Work?

The U.S. Department of State introduced the 90-Day Rule in 2007. The guideline underlaid the concept of misrepresentation or violation of the status purpose of the nonimmigrant visa. 

Under the guideline, if a non-immigrant visitor engages in activities that are not consistent with their stated purpose for entering the United States within the first 90 days of their stay, **their actions will be presumed to be preconceived, premeditated, and contrary to the representations made at the time of their admission.** 

So, suppose you entered the United States on a non-immigrant visa, such as a B1 or B2, and then engaged in activities that are outside of the scope of the purpose of your visa, such as- working, getting married, or [studying in the US](https://www.grapelaw.com/visas/student-and-exchange-visitor-visas/f-1-visa) within 90 days of your entry, **you may be deemed to have violated your status.**

It's important to note that the 90-Day Rule **is not a law or regulation** but rather a guideline used by immigration officials to determine a non-immigrant visitor's admissibility. This means that there are no stringent measures as to what constitutes a violation of the guideline, and each case is evaluated on a case-by-case basis. 

**Examples of activities that may violate the 90-Day limit include:** 

- Engaging in unauthorized employment or [working in the US](https://www.grapelaw.com/library/content/working-in-the-us-a-guide-to-employment-visa-options) without the appropriate work authorization 
- Enrolling in a course of study without the appropriate [student visa](https://www.grapelaw.com/visas/student-and-exchange-visitor-visas) or changing your course of study after entering the United States on a visitor visa 
- [Getting married in the US](https://www.grapelaw.com/visas/family-green-cards/green-card-through-marriage-visa) or filing for adjustment of status to become a permanent resident
- Engaging, without an approval, in any activity that requires an adjustment or change of status 

It's important to note that engaging in these activities after the first 90 days of your stay may not be considered a violation of the 90-Day guideline but could still be deemed a violation of your status.

"Single intent" visas allow only non-immigrant intent. So, if you apply for a Green Card, the officer reviewing your documents may assume that **you came with a single intent** to [become permanent in the U.S.](https://www.grapelaw.com/library/content/what-is-a-green-card-and-how-to-apply-for-it)

With "dual intent," you have conditional authorization to apply for permanent resident status after entering the U.S. as a non-immigrant. Dual intent visas, such as [H-1B work visa](https://www.grapelaw.com/library/content/h-1-b-nonimmigrant-worker-visa-for-professionals) or L-1 intracompany transfer visa, allow holders to be in the U.S. on a visa while also planning to move to the U.S. permanently. 

### What are the Consequences of Violating The 90-Day Rule?

If you violate the 90-Day limit, you may be deemed to have misrepresented your intentions at the time of your admission. This can have serious consequences. 

In some cases, violating the 90-Day guideline can result in the denial of a future visa application or even the revocation of your current visa.

If you are deemed to have violated the guideline, it may be challenging to overcome the presumption of misrepresentation. The onus and the burden of proving the presumption wrong lies on the nonimmigrant. 

If you can demonstrate that your actions were not preconceived and were not contrary to your representations at the time of admission, in that case, **you can overcome the presumption.** The process of challenging the presumptions can be tricky, so we recommend you [take a legal and experienced immigration advisor](https://www.grapelaw.com/contact) as your guide. 

## How Can You Comply with the 90-Day Guideline?

To comply with the 90-Day guideline, you should **be mindful of your activities during your stay in the United States.** For example, suppose you are still determining whether a particular activity is allowed under your visa. In that case, it's best to consult an immigration attorney or contact the U.S. Citizenship and Immigration Services (USCIS) for guidance. 

Some tips for complying with the 90-Day guideline as follow. 

### Understand The Terms of Your Visa
Before you enter the United States, make sure you understand the terms and conditions of your visa. Familiarize yourself with the activities that are allowed and those not permitted under your particular visa category. 

### Plan Your Activities Carefully
If you plan to engage in activities not allowed under your visa, such as attending a conference or taking a short course, make sure you do so after the first 90 days of your stay. This will help you avoid any potential violations.

### Keep a Record of Your Activities
It's a good idea to keep a record of your activities during your stay in the United States. This can include receipts, itineraries, and any other documentation showing your visit's purpose.

### Consult With an Immigration Attorney
If you have any doubts or questions about the activities you can engage in under your visa, **it's best to consult with an immigration attorney**. They can provide guidance and advice on how to comply with the 90-Day limit. 

In conclusion, the 90-Day Rule is an important guideline to keep in mind if you are planning to visit the United States on a non-immigrant status. It's crucial to understand the activities allowed under your status and avoid engaging in any unauthorized activities within the first 90 days (about three months) of your stay.

If you have any questions or concerns about the 90-Day guideline or your status, it's best to consult with an immigration attorney. With careful planning and adherence to the terms of your status, you can ensure a smooth and successful visit to the United States. 

## How can Grape Law Help You? 
At Grape Law, we specialize in helping non-immigrant visitors comply with the 90-Day guideline and other visa requirements. We mentor our clients with clear guidelines on what they can or cannot do during the first 90 days of their visit. 

Our experienced attorneys would help avoid any intentional or unintentional pitfalls that can lead to any potential violations. 

We can also assist with visa applications and other immigration-related matters. So, if you need assistance with your visa application or compliance with the 90-Day Rule, [get an appointment now](https://calendly.com/grapelaw) to talk to one of our experienced immigration attorneys.


The 90-Day Rule disallows an alien on a nonimmigrant visa to  engage in any activity that is inconsistent with his/her official nonimmigrant status.

large_the-90-day-rule-what-you-need-to-know.webp

medium_the-90-day-rule-what-you-need-to-know.webp

small_the-90-day-rule-what-you-need-to-know.webp

thumbnail_the-90-day-rule-what-you-need-to-know.webp

the-90-day-rule-what-you-need-to-know.webp

The 90-Day Rule What You Need to Know

Adjustment of Status (AoS) is what you need to apply for permanent residency, while inside the US on a nonimmigrant visa.

The provision of becoming a permanent resident of the US, lawfully, is laid under **section 245(i) of the Immigration and Nationality Act (INA)**. 

In this article, you can discover the benefits, requirements, and steps of Adjustment of Status (AoS). So keep reading to learn how AoS can benefit you and take the first step toward becoming a permanent resident!

Note: By referring to "You" throughout the article, we mean the “beneficiary”.
## Why You Should Do Adjustment of Status
Making the US your home can come with lots of perks and benefits. These perks can only be availed when you apply for an adjustment of status of your temporary visa, **to become a Green Card holder through [employment](https://www.grapelaw.com/visas/employment-based) or [family](https://www.grapelaw.com/visas/family-green-cards).**

### No Need to Leave the U.S.
By filing your adjustment of status application, you may not need to leave the US for getting permanent residency, thus **saving lots of time, stress, and expenses.** 

You can complete all the paperwork, and interviews for permanent residency while you are in the US on a nonimmigrant visa, through this process.
 
### A Streamlined Process
AoS is a streamlined process of getting a Green Card that is more convenient than the consular process of getting an immigration permit from your home country.

Even if the advantages of getting a Green Card through AoS are a plus, **applications from your home country take less time during the process.**
### Access to Employment Opportunities
 AoS, which results in obtaining a permanent residency, provides you with **larger and more diverse job opportunities**, thus enabling greater career growth. 

After adjusting your status, you do not need a work visa or sponsorship every time you change your employer.

See also [the difference between Green Card and Non-immigrant visa](https://www.grapelaw.com/library/content/green-card-vs-visa-2023)
### Ability to Travel Freely
While you’ve applied for permanent residency through the process of AoS, it would ensure that you don't need any additional paperwork or visa process every time you travel inside the US. 

You can travel outside of the US also while your AoS is pending in case of unavoidable circumstances or an emergency only. This can be done by obtaining an additional advance parole document (or travel permit). 

**We recommend you not to travel outside of the US while your status is pending,** as USCIS considers going outside of US, while the application is under review as equivalent to abandoning the application.  

Worth reminding that absence of more than 6 months from the U.S. may break the continuity of your residency. For more information visit [uscis.gov](https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3#:~:text=Absence%20of%20More%20than%206,the%20continuity%20of%20such%20residence.) web page.
### Government Benefits
A pending permanent residency status still gets you essential government benefits, like Social Security, and Medicare. 

Apart from these perks, you get a few extra benefits while your AoS is pending such as

- You can apply for Advance Parole. This allows you to travel abroad while your application gets approved.
- Even if your nonimmigrant visa expires during the pending status, you can still legally live in the US.
- You can work under any U.S. employer.
*Depending on your Green Card category, you may be obliged to work for your sponsorship in a period of time.*
## Adjustment of Status Requirements
You must fulfill a few general requirements in order to qualify for an application to AoS. 

- You must be **physically present,** at the time of the petition, in the United States.
- You must **not have inadmissibility grounds** for adjustment of status.
- You, while being an alien, must possess an approved immigration petition.
- You must have **entered the US legally** during the interim residential period (i.e. while being a nonimmigrant)
- Your petition shall qualify and will be subject to the availability of a Green Card **within a particular numerical annual quota.**

Additionally, there shouldn't be any change(s) in circumstances that could negatively affect your adjustment of status. 

## Two Broad Categories of AoS Petitions
The two broad categories for classification of the petitions AoS is based on the kind of relationship that the beneficiary immigrant possesses with the U.S. sponsor. 

The US sponsor, who is also the “petitioner”, can be the family relation of the beneficiary, or their employer.
### Family-Based Petition Category
There are two subcategories of AoS petitions that you can consider under Family-based petitions.
#### Immediate Relative Petition
This subcategory applies to the immediate **family members of a US citizen only.** The beneficiaries under this category are given special immigration priority. And an unlimited number of visas are available throughout. 

If you are a US citizen, you can file for an immediate relative petition on behalf of your parent(s), spouse, child (unmarried, below 21), or stepchild (or an adopted orphan). 

As a petitioner, you will be required to file an I-130 petition on behalf of the beneficiary and be required to show proof of your US citizenship and evidence of your relationship with the beneficiary. 

**While filing an I-130 petition, you can simultaneously apply for AoS.** 

Filing the I-130 petition assures USCIS, in proof, that you possess an immediate family relationship with the petitioner (a US citizen). 

While the function of the status adjustment application is that the beneficiary doesn't possess any admissibility issues which might affect his/her approval and that the background checks have been conducted to ascertain the beneficiary's complete identity.

#### Family-Preference Petitions
Family Preference Petitions **are meant for more distant family relationships.** These petitions are reserved for U.S. citizens and lawful permanent residents. These are few in number and have more wait time associated with them in comparison with the above category.
Qualifying family relationships with the beneficiary include- 

- **F1** - Son or Daughter (21 or above, unmarried), of U.S. Citizens 
- **F2A** - Spouse; Unmarried Son, Unmarried Daughter (under 21), of Permanent Residents
- **F2B** - Adult and Unmarried Daughters and Sons, of Permanent Residents 
- **F3** - Married son or daughter (any age), of U.S. Citizens
- **F4** - Brother or Sister, of Adult U.S. Citizens

You will be required to establish your relationship with the beneficiary. And must pledge to sponsor the beneficiary family member to the US. Also, you must assure that they are free of inadmissibility issues such as the absence of health, immigration violations, and criminal record issues. 
### Employment-Based Preference Petitions
The Employment-based (EB) preference immigrant categories are reserved for those aliens who wish to get permanent resident status through EB visa categories. An alien’s status can be adjusted to permanent residency, while they’re in the US working under different professions.

There are three kinds of employment categories that are applicable for adjustment. 

- **First preference (EB-1)** - These include priority workers, such as aliens with extraordinary abilities, outstanding professors and researchers, and multinational executives and managers.
- **Second preference (EB-2)** - EB-2 include people holding advanced degrees in various professions.
- **Third preference (EB-3)** - This category includes skilled workers, and professionals not included in EB-1 and EB-2.
- **Fourth Preference (EB-4)** - Exceptional applications. Mostly used for religious workers.
- **Fifth Preference (EB-5)** - Permanent residency through high amount of investment.

You, as a self-petition, or your employer should fill out Form I-140, Immigration Petition for Alien Worker along with Form I-485, in order to qualify.

If you are not sure about which petition you should file, you should contact an experienced immigration attorney who shall help you at each step of the application process. Nevertheless, we have simplified the steps for AoS below.
## Steps for Adjustment of Status
### Determine If You are Eligible for Green Card
Firstly, you need to check your (beneficiary's) eligibility for Green Card. You can check this by giving a glance at various immigrant categories.
 
It is of utmost importance for you to know which category is applicable to you, as each category has a different set of requirements, failing which your application might not move further.

Check your Green Card eligibility categories from [USCIS](https://www.uscis.gov/green-card/green-card-eligibility-categories).
### File an Immigrant Petition for the Beneficiary
Now that you have checked your eligibility, it's time that you consider filling out two forms 

- Immigrant Petition: Form I-130 or Form I-140
- Adjustment of Status: Form I-485 

The immigrant petition form will be filled on your (beneficiary) behalf by a US citizen, or a lawful permanent resident (Green Card holder) of the US. 

There are various types of petition forms that depend on the relationship of the beneficiary in the context of the petitioner. 

For example, if you are an alien relative, then your immigrant petition form will be Form I-130; Form I-140 for an alien worker; Form I-929 for a Family member of a U-1 Nonimmigrant. 

After your immigrant petition is approved, you can move on to fill out the AoS form i.e. Form I-485. Sometimes Form I-485 can be filled simultaneously with the Immigrant Petition Form, or while the latter is pending. **This is called "Concurrent Filing"**

### File Form I-485
You can file Form I-485. This is a formal application for adjustment of status. As noted earlier, you must be residing in the US for filing this form.
### Take your Application Support Center (ASC) Appointment
You will need to go for your biometrics after filing Form I-485. The USCIS will notify you of the date(s), time, and location on which your biometric is to be done.

They will ask you to come to a local **Application Support Center (ASC)** for the metrics.The biometrics largely include your fingerprints, photograph, and signature, so that USCIS can establish your identity for background and security checks.
   
In case you are not available on the notified timings, you need to notify USCIS and request to reschedule your appointment, failing which your Form I-485 may get nullified.
### Attend Your Interview
In certain cases, USCIS will call you for an interview. They will ask you to take an oath and affirmation with regard to Form I-485.
 
You (beneficiary) will be required to be accompanied by your petitioner (lawful permanent resident or citizen of the US).

Both of you must carry all the documents that you submitted with Form I-485, in original. This may include- passports, travel documents, Form I-94.
### Check Your AoS Status
Once you are done with all the formalities, you can wait for the formal approval of your Status. You may check your status through a [dedicated online portal](https://egov.uscis.gov/casestatus/landing.do), or by calling USCIS Contact Center at 800-375-5283.

You need to keep the details such as receipt number, A-number*, name, and date of birth handy for reference.

***A-number** is an Alien Registration Number. It is a seven to nine-digit unique identification number provided to you (a noncitizen) by USCIS. This number is used for identifying, referencing, and tracking immigration files. It looks something like- A012345678*
### Final Decision
USCIS is the authority to make the final decision on your Green Card application. Once they approve your application, they will send you an Approval Notice in writing. 

After you get the Approval Notice, a little later, you will receive your actual Green Card, congrats!

All the above steps are crucial for a successful Adjustment of Status (AoS) application. If you have difficulty following or want to get more clarity on the steps above, consider getting a consultation with an experienced immigration attorney.
## Adjustment of Status Timeline
If you are wondering how long it takes to get the status of your residence permit adjusted, that depends on several factors, such as- the type of application, the number of people applying, and your individual circumstances.

Often, the processing time is slow. However, you may consider the following as approximate timings for adjustment of status.

- **Alien Relative (Form I-130)** - 15 months
- **Nonimmigrant Worker on H-1B visa (Form I-129)**- 2 months
- **Alien Fiancé (Form I-129F)**- 16.5 months
- **Alien Worker on E31/E32 Visa**- 7.5 months
- **A Family Member of U Nonimmigrant** - 27 months.

Note: The above timeline is for California Service Center, and are approximate dates of processing. The processing time highly depends on the Service Center, or the Field Office that you have applied from. Currently, there are 5 Service Centers that you can apply from. 

You can calculate the processing time for your application on [USCIS](https://egov.uscis.gov/processing-times/).
## Working with Grape Law for Adjustment of Status

The immigration process can be complex and tedious. While you can always get support through your petitioner, consulting with an Immigration Attorney can make the process more fruitful and hassle-free.

An immigration attorney would make you understand all the legal requirements, take care of your documentation, and appear successfully for any appointments.

So don't leave your future in the hands of chance. Contact our immigration advisor so that all the needs are fulfilled, and requirements are met. [Schedule a consultation](https://calendly.com/grapelaw) with us and take the first step toward obtaining your Green Card today.

## FAQ
**What are the Benefits of Filing an Adjustment of Status?**

Adjustment of status (AoS) puts you in the process of becoming a permanent resident of the US. While your status is pending, you can still work and travel freely across the US lawfully.

**How Long Does Adjustment of Status Take?**

It typically takes 12 to 24 months (excluding exceptions), depending on the type of application and other factors.

**What are the Steps for Adjustment of Status?**

Firstly, you check eligibility categories, Then you submit Form I-485, gather supporting documents, attend the biometric appointment, and wait for the decision.

**What is the Difference between a Change of Status and an Adjustment of Status?**

Change of Status is when you apply to change your nonimmigrant status to another kind of nonimmigrant status.
Adjustment of Status is when you apply for changing a Nonimmigrant to an Immigrant (Green Card) status.

**What are the Inadmissibility Grounds?**

Inadmissibility from applying is a situation due to which you may be denied access to becoming a permanent resident. The bar to adjustment can include an undesirable and unlawful means for entry to the US, and commitment of an act of violation.

**What is Concurrent Filing?**

When you submit Form I-130 and Form I-485 simultaneously, it is called Concurrent Filing.

**What Happens if the AoS is Denied?**

You can file an appeal or a motion to reopen or reconsider if your application is denied.






Adjustment of Status (AoS) is what you need to apply for permanent residency, while inside the US on a nonimmigrant visa.

adjustment of status requirements and steps

medium_adjustment-of-status-requirements-and-steps-grape-law.webp

small_adjustment-of-status-requirements-and-steps-grape-law.webp

thumbnail_adjustment-of-status-requirements-and-steps-grape-law.webp

adjustment-of-status-requirements-and-steps-grape-law.webp

Adjustment of Status Requirements and Steps

Each year people flock to work in the US, as the US market is known for its innovation, accommodation, and diversification. Approximately 140,000 employment-based immigrant visas are issued to qualified candidates every fiscal year that spans from October 1st to September 30th.

Depending on the type of employment, you need to check which category fits you the best before applying for a US work visa.

In this article, we will walk you through the types of work visas you can avail of with eligibility and requirements, and other important facts that you will be needing to beware of.
## Types of Non-Immigrant US Work Visas

A non-immigrant work visa is meant for foreign nationals to come and work temporarily in the U.S. There are around **8 non-immigrant work visa categories that you can avail of for temporary work in the U.S.** 

Each work visa has its own requirements and specifications. Let’s jump into the details of each Non-Immigrant U.S. Work Visa.
### E-3 Visa For Specialty Occupation Workers from Australia

An E-3 Visa is reserved for Australian nationals who wish to commit themselves to a specialty occupation in the US. A bachelor’s degree or higher is required, as relevant to the specialty occupation, as a minimum qualification for entry through an E-3.

Thus during your stay, you are required to apply the theoretical and practical knowledge of the highly specialized knowledge that you possess in discharging your duties.

The initial period of stay that is granted, is for 2 years. You can apply for a 2-year extension at the end of the initial stay. **The extension can be made any number of times as there is no limit on the maximum number of extensions.** So, an E-3 practically gives a lifetime opportunity to Australian nationals to work in the U.S. 

### H-1B For Professionals in Specialty Occupation

If you wish to work in **a specialty occupation such as in the fields of engineering, architecture, social sciences, medicine, education, etc.,** then H-1 B Specialty Occupations visa is for you. You will need a bachelor’s or a higher education degree relevant to the specialty occupation concerned.
 
H-1B2 is suitable for folks considering research and development endorsed by their home country. And if you are a person who can offer services of exceptional merit under cooperative research and developed projects in the Department of Defense (DOD), then an H-1B2 is the best bet for you!
 
Also, if you’re a fashion model of prominence, distinguished merit, and ability, then you can apply for an H-1B3.

The total period of stay for an H-1B worker, researcher, or fashion model is capped at six years. **You can initially stay for three years and then apply for an extension.**

### H-1B1 Visa For Chileans And Singaporeans

Like H-1B, the H-1B1 visa accommodates persons with specialized occupational interests. You will need a four-year degree in the concerned specialization to be eligible for an H-1B1. **This is a petition-free visa.** We will talk about the petition later on.

You must note that an H-1B1 is reserved for candidates from Chile and Singapore. There is a certain limit of visas that are granted each year: 1400 for Chile nationals, and 5,400 for Singaporeans.
 
The initial stay period is for one year. **You can apply for only two extensions. Each extension is for one year.**
   
### H-2B Visa For Temporary Non-Agricultural Workers

An H-2B Visa is availed by a U.S, based employer on behalf of a foreign worker. This is done on the preconditions that there are not enough U.S. employees to work as nonagricultural workers and that the temporary employment of the foreign worker will not affect the wages and working conditions of the U.S. national workers. 

Candidates from [select countries](https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-2b-temporary-non-agricultural-workers) are eligible for H-2B. There is a limit of 66,000 candidates who can avail of this visa every fiscal year.
 
### H-3 Visa For Nonimmigrant Trainee or Special Education Exchange Visitor

H-3 accommodates people who are interested in receiving disability work training from the US. Entrants are involved in training programs that are designed to teach children with physical, mental, or emotional disabilities.

An H-3 “trainee” arrives in the U.S. on an invite-only training program broadly in the fields of- Agriculture, Commerce, Communications, Finance, Government, Transportation, and Other Professions.

Take note, that **this is not a “work visa” in the strict meaning of the term,** rather it allows the visa holder to get “training” in the U.S., for a job that is to be performed outside of the U.S. 

Also, the U.S. employer must ensure that the applicant (trainee) is coming for training that is otherwise not available in the applicant’s home country.  During the time of application, the trainee needs to describe- the type of training, nature of supervision, and structure of the training program.
 
For Non-Immigrant Trainees, the maximum limit of stay is 2 years, and 18 months for special education exchange visitors.

### I Visa For Members of the Foreign Media, Press, and Radio

The I Visa allows foreign media representatives to enter the U.S. As **a media representative,** you might be working in press, radio, film, or other information media. The designations include- reporter, film crew, editor, etc.
 
During their stay, media workers and journalists can carry out their work in collecting, reporting, and disseminating news information. 
It can be either nonimmigrant or immigrant for the concerned media representatives. And the visa holder is allowed to be accompanied by a spouse or children below 21 years of age.
 
**Note:** When you just enter the U.S., at the port of entry (say, airport), you will be checked by a U.S. Customs and Border Protection (CBP) officer. The officer shall determine if you can enter the U.S. or not. A stamped Form I-94 will be provided to you. This form shall determine your authorized period of stay.

### L-1B Visa For Intracompany Transferee Specialized Knowledge

An L-1B enables a U.S.-based company/employer to transfer its employee, who is working in the company’s foreign branch, to a branch based in the U.S. This visa can also be used to send an employee by a foreign company, which does not have any branch in the U.S., to establish one in the U.S.

In both of the above cases, the employee that’s being sent is a person with highly specialized knowledge that contributes to the organization’s interest and development.

Only employers based in at least one foreign country, other than the U.S., can send their employees to the U.S. through an L-1B. And the concerned employee should also have been working continuously for one year in the concerned organization prior to entering the U.S.

The visa-applying employee who is looking to establish a new office in the U.S. on behalf of his/her organization is approved initially for a one-year stay.
 
While the other employee who is just relocating from the organization’s foreign branch to the U.S. branch is granted an initial stay of up to three years. Both candidates however can get an extension of a maximum of five years.

### R-1 Visa For Nonimmigrant Religious Workers

An R-1 visa is issued to any minister or non-minister who is into **a religious vocation or occupation to enter the U.S.** They are allowed temporarily in the U.S. to perform and propagate religious duties and functions.

The temporary work should be at least part-time (or a minimum of 20 hours per week). The employer that they wish to work with **should be a U.S.-based non-profit religious organization.**

You should have an affiliation and involvement in religious activities for at least years prior to visiting the U.S. 

The total approved period of stay for an R-1 is 60 months. You will be initially allowed in the U.S. for 30 months. You can later extend your stay up to 30 months. The 60 months period is counted only for the physical period of stay in the U.S. 

R-1 approves the holder to accompany their spouse, and unmarried children below 21 years of age. 

## Employment Visa Options Eligibility and Requirements

Before applying for any kind of visa, you’re required to check its eligibility and requirements. 

**Labor Certification:** You cannot directly initiate to apply for the visa. Before that, the first thing that is required is a labor certification or any other document of approval from the Department of Labor, US.

You do not apply for this, rather your prospective employer (or petitioner) would do it on your behalf. 
Labor certification is subject to conditions and might differ from case to case, thus your employer should thoroughly read [Instructions for Form I-129](https://www.uscis.gov/i-129) before applying. 

**Form I-129:** Form I-129 which is also called Petition for a Nonimmigrant Worker, should be filed. Again, this is to be filed by your employer/petitioner on your behalf, and should also be approved by the U.S. Citizenship and Immigration Services (USCIS).

Once you get a labor certification and your Form I-129 gets approved by USCIS, you can proceed with the application process.
### Documents Needed for Employment Visas

Generally, the following documents are needed as part of your visa application process, or during your interview. 

- **Passport:** A valid passport is mandatory to travel to the US. The validity of your passport should be at least six months beyond the period of your intended stay. So for example, if you intend to stay 30 months, then your passport validity should be at least 36 months.
-  **Form DS-160:** A completed online Non-immigrant Visa application (or Form DS-160) is required. Take printouts as you will need them at the interview appointment.
-  **Fee Payment Receipt:** Subject to conditions, you will need an application fee payment receipt to appear for the interview.
- **Photo:** This is the same photo that is uploaded while filling up online Form DS-160. The photo should follow the preset photograph guidelines.
- **Receipt Number:** This receipt number is mentioned on the approved Petition for a Nonimmigrant Worker i.e. Form I-129 issued by USCIS.

## Process of Acquiring Employment in America as a Non-Immigrant
 
You need to make sure to follow the steps diligently for getting a work visa in the US. As mentioned earlier, labor certification and an approved Form I-129 are required before you can apply for the visa.
### Online Visa Application Process
 
You need to apply online for a US work visa. You shall be filling out a specific online application form, called Form DS-160 for this purpose. Do take a printout of Form DS-160 as it will be needed at the time of the interview. 

If you’re having difficulty filling up the form, **you can consult our immigration advisor at [Grape Law.](https://www.grapelaw.com/contact)** 
### Schedule the Visa Interview

You cannot qualify for a US work visa without an interview. This interview is conducted at a U.S. Embassy or Consulate of your home country.  

A few things should be noted regarding interviews

- Applicants **below 13 and above 80 years of age are not required to give an interview.** It is mandatory for applicants between the age of 14 to 79. 
- A consular officer, however, can intervene or decide if an interview is required, regardless of the applicant's age. The consular officer would also be deciding which work visa would be applicable for you.
- It gets difficult to appear for a visa interview at the US embassy outside of your home country, thus you must try to get an appointment in your home country. 
- Interview appointments wait times differ from location, visa category, and season, thus you are required to begin the process early to avoid unexpected delays.
- A receipt number is required to schedule an interview. This receipt number is available on your approved Form I-129 issued by USCIS. 
- At the time of the interview, digital fingerprints would be taken.

It is advised to prepare for interview questions before the appointment. Get details of any of your U.S. residing acquaintances, be clear on the purpose of your stay, know the details of your employer and the nature of your work, etc.
### Review Fees Slabs

You need to pay certain fees while ongoing your visa application. Broadly, the following 3 kinds of fees need to be paid-

- **Application Fees:** Pay a non-refundable fee of $190 at the time of filling application, or before scheduling an interview. 
- **Issuance Fees:** You should also pay issuance fees after your application is approved. This differs from nationality to nationality. 
- **Fraud Prevention and Detection Fees:** This fee is required to keep you at a safer bay. Along with this, Border Security Act fee may also be required.

## The Next Step?

Applying for a work visa in the US is a meticulous process. Since each category is reserved for a different purpose and occupation, thus you are required to apply for a suitable one to your condition. 


If you’re unsure which US work visa works best for you, then you should immediately consult an immigration advisor. An immigration advisor or consultancy firm would not only recommend you the best work visa, but they would also prepare documentation, application forms, fees, and other requirements to make the process smooth for you. 

### Which Work Visa Will be Suitable for You?

We understand our clients’ current standings, which include qualifications, nationality, and purpose to recommend the best suitable one for them.  So consider a free consultation today to understand all the work visa tidbits and requirements in a clear manner.  
If you wish to know which visa works best for you, consider reaching out to our immigration advisor at [Grape Law](https://calendly.com/grapelaw).


Approximately 140,000 employment-based immigrant visas are issued to qualified candidates every fiscal year.

medium_working-in-the-us-a-guide-to-employment-visa-options.webp

small_working-in-the-us-a-guide-to-employment-visa-options.webp

thumbnail_working-in-the-us-a-guide-to-employment-visa-options.webp

working-in-the-us-a-guide-to-employment-visa-options.webp

Working in the US: A Guide to Employment Visa Options

The United States is home to some of the world's largest and most innovative start-up ecosystems, with cities like San Francisco, New York, and Boston attracting Start-Up investors, founders and entrepreneurs from all over the world.

However, **navigating the U.S. immigration system can be challenging**, especially for start-up investors and founders looking to establish a business in the country and intending for a Green Card. 

In this article, we will explore some of the non-immigrant and immigrant visas for business owners.
## Benefits of Permanent and Non-immigrant Visas for Start-Up Investors and Founders

Permanent and non-immigrant visas provide a pathway for Start-Up investors and founders to establish and grow their businesses in the United States. Some of the benefits of these visas include:
You gain the opportunity to live and work in the U.S., temporarily or permanently 

- You get permission to bring your family members to the U.S in case of Permanent visa (Green Card)
- The liberty to move without restrictions across national borders
- Access to U.S. government resources and services 
- You can also, after a certain period of time, apply for U.S. citizenship (if already holding a non-immigrant visa)

Now let’s thoroughly examine the distinct types of Permanent and Non- immigrant visas for startup investors and founders in the United States, including their specific requirements, benefits, and procedures for obtaining them. 


## Requirements for Permanent and Non-immigrant Visas for Start-Up Investors and Founders

As a business owner looking for a visa in the US, the **EB-5, E-2, and L-1A visas are the top picks**. They’re pretty popular choices, but they do come with their own specific requirements, the application process, and conditions to fulfill. 

Just to give you a heads-up, the following are some prerequisites that apply to both immigrant and non-immigrant visas in the US.

- The investor or founder must have a viable business plan and a significant investment in the business 
- The business must have the potential to create jobs and contribute to the U.S. economy 
- The investor or founder must have the necessary skills and experience to run the business 
- The investor or founder must have a clean criminal record and be in good health

Let’s look deeper in each of the immigrant and non-immigrant visa options available for startup investors and founders in the US. 
## Permanent Visa for Start-Up Investors and Founders

When it comes to making the best choice for a US Green Card for business owners, the US EB-5 Immigrant Investor Green Card Program tops the list. The reason? It is the most flexible and sure-shot way to acquire permanent residency. 
### EB-5 Investor Green Card

By making an investment in a brand-new American business, overseas investors can become US citizens through the EB-5 Visa, or the EB-5 Investor Green Card program. 

When you invest a minimum **$800,000 in Targeted Employment Areas** (TEA) or **$1,050,000 in non-Targeted Employment Areas**, and also create at least **10 permanent full-time positions for American citizens**, you can get qualified to apply for an EB-5 Visa as a founder or startup investor.
#### Benefits of the EB-5 Visa

EB-5 is a top choice for US green cards among startup investors and founders due to its relatively shorter waiting period (around 5 years), ability to provide children access to prestigious education, and increased national and international mobility. Additionally, the following are some of the other great benefits associated with the program.

- **Permanent Residency:** The EB-5 visa paves the way to permanent residency in the United States for the investor, their spouse, and children under 21 who aren’t married.
- **No Job Offer or Sponsor Required:** Unlike other employment-based visas, the EB-5 program does not require a job offer or a sponsor.
- **Flexibility:** Investors can choose to invest in a new commercial enterprise or a regional center, which allows for more flexibility in the investment structure.
- **Mobility:** The investor’s spouse and children can live, work, or study anywhere in the US. If you have done an investment in a  regional center, then you can move off the state of investment. In case of a direct statement, you’ll have to reside within the concerned state.
- **Education:** Public schools and universities offer in-state tuition to the children of EB-5 investors. The best thing about EB-5 green card for startup founders is that it provides the same opportunities for studies and jobs, as American citizens. Your children get the access to best institutions in the world at the tuition fee of the natives.
  
#### Requirements for the EB-5 Visa


Before moving right into the process, startup investors must understand the EB-5 requirements. The EB-5 visa requirements have multiple components that need to be carefully fulfilled. 

Among them, fund analysis is a crucial part that requires meticulous attention. Any mistakes in this can result in a green card rejection. 

**Investment Amount:** 

The investor must invest at least $1 million 50 thousand in non-Targeted Employment Area, or $800,000 in a Targeted Employment Area (TEA). As per the guidelines provided by the United States Citizenship and Immigration Services (USCIS), Targeted Employment Areas (TEA) refer to rural areas or regions with high unemployment rates that are 150% of the national average. 

It’s important for investors to diligently ensure that their program aligns with the requirements set by USCIS.

**Job Creation:**

The investment should ensure that 10 full-time positions or more are created within two years for workers based in the United States. There is also a provision for indirect or induced job creation when the investment is made through a regional center.

**Source of Funds:** 

The investor must give proof that the money was acquired legally. Lawful sources of funds for investments include stocks, bank account deposits, salaried income, and securities. 

For other sources, it’s crucial to demonstrate the original source of funds. If investing through inheritance money, investors need to ensure all relevant documents, including estate settlements of the deceased, are available. Additionally, tax returns for the past 5 years must be filed as part of the application process.

#### What is the Process for Obtaining an EB-5 Green Card

Here’s the process of obtaining an EB5 visa with your high amount of investment.

- **File the I-526 Petition:** The investor files an I-526 petition with USCIS, which includes evidence of the investment and its potential to create jobs.
- **Conditional Green Card:** The investor and their family members are granted conditional permanent status for two years if the petition is successful.
- **File the I-829 Petition:** The investor submits an I-829 petition to lift the restrictions on their permanent residency 90 days before the conditional green card expires.
- **Permanent Green Card:** If the I-829 petition is approved, the investor and their family members receive permanent residency in the United States.

The Department of State (DOS) has released its 2022 Report of the Visa Office, which indicates that 32% of EB-5 visas were reserved for investors in Targeted Employment Areas (TEAs).
 
Surprisingly these visas remained unutilized for 2022, resulting in a carry-over to FY 2023. **This means that there are higher chances of obtaining an EB-5 visa** when investing in TEAs or in infrastructure projects.
 
## Non-Immigrant Visa for Start-Up Investors and Founders

If you’re a new entrepreneur seeking new opportunities in the US but unsure about committing long-term, a non-immigrant visa for investors is a great option. 

It allows you to run a temporary business to test the waters, before making it big in the States. The **[E-2](https://www.grapelaw.com/visas/investor-and-trader-visas/e-2-visa) and [L-1A](https://www.grapelaw.com/visas/investor-and-trader-visas/l-1-a-visa) visas** are the best choices for startup founders looking for non-immigrant visas in the US. They offer flexibility and growth opportunities while navigating immigration requirements. 

Let’s look into both of these non-immigrant visas for investors in the US. 
### E-2 Visa

Foreign businesspeople who want to invest **a sizable amount of money** in a US-based company can apply for a non-immigrant E-2 visa. It is also known as a treaty investor visa.

The investment amount is not indicated but as a general speaking, around $100.000 investment could be sizable. On the other hand, depending on your type of business, even $50.000 could be enough to get an E2 visa.

This visa is intended exclusively for investors from the nations with which the United States has a commerce and navigation treaty. As of 2023, **80+ countries hold a treaty of commerce and navigation with the US.** 


With an E-2 visa, the investor and their family are able to live in the US and manage their business activities, while providing the best education and working opportunities. With unlimited reentry opportunities, the E-2 visa gives you the freedom to travel and expand your business with ease. 

#### Benefits of the E-2 Visa

As a treaty investor, the possibilities are endless with the E-2 visa program! From investing in hotels, restaurants, gas stations, or even franchises like Walmart, you can enjoy a plethora of benefits like the following. 

- Permits citizens of treaty nations to invest in and run businesses in the U.S.
- Although there is no fixed minimum investment amount necessary, the investment must be sizeable
- Enables spouses and unmarried children younger than 21 to travel and reside with the visa holder
- As long as the business entity is active and the investor satisfies the requirements, it can be continued indefinitely
- The number of **E-2 visas granted each year is not restricted** 

It’s important to note that not all E-2 visas are the same. For instance, a Canadian investor may have more flexibility and enjoy greater benefits compared to a Ukrainian investor, who may face stricter restrictions on their authorized stay period. 
It’s crucial to be aware of these nuances when considering the E-2 visa program based on your nationality. 
#### Requirements for the E-2 Visa

The requirements for the E-2 visa are much more straightforward. We’re highlighting the key requirements you need to know, including investment thresholds, business plans, and nationality qualifications. Let’s delve into the essential details of the E-2 visa requirements.

- Must be a citizen of a treaty country (list can be found on the State Department website)
- The applicant must have committed a substantial amount of capital to a U.S.-based business or must be in the process of doing so
- The applicant must be in charge of the funds that are being invested
- The business must be a real, operating commercial enterprise
- The business should be active, and a for-profit business
- The investment must generate enough income to provide a living for the investor and their family
- Must intend to depart the U.S. when the E-2 Visa expires

By meeting the requirements related to investment, business plan, and nationality, you can get success in obtaining this visa. Be thorough in understanding and fulfilling these requirements to maximize your chances of a successful E-2 US startup visa application.  
#### What is the Process for Obtaining an E-2 Visa


File a [DS-160 form](https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/forms/online-immigrant-visa-forms/ds-260-faqs.html) and pay the application fee

- Schedule an interview appointment at a U.S. embassy in your residential country
- Provide documentation of the investment and business, including a detailed business plan, financial statements, and evidence of the investor's ownership and control
- Attend the interview and provide additional information as requested by the consular officer
- If approved, the investor can enter the U.S. and begin operating their business

With an E-2 visa, you can't miss out on the opportunity to pursue your business dreams in the US. 

### L-1A Visa
 
Non-immigrant visas like the L-1A permit international businesses to move staff members to their American locations. This visa is particularly useful for founders and startup investors who want to expand their business to the United States while continuing to maintain their foreign operations.

The L-1A visa also allows for dual intent, meaning that the visa holder can apply for permanent residency while on the visa.
#### Benefits of the L-1A Visa

L-1A visa enables staff transfers, U.S. subsidiary establishment, permanent residency application, and an extended stay of up to 7 years for executives and managers. Other notable benefits include-

- Allows multinational companies to transfer their employees from foreign offices to U.S. offices
- Enables foreign companies to establish a subsidiary or branch in the U.S.
- Allows for an **extended stay in the U.S.**, up to 7 years for executives and managers, and up to 5 years for specialized knowledge employees
- Allows for the option of applying for permanent residency through the EB-1C visa

The L-1A visa offers a range of benefits, which if leveraged carefully, can enable international businesses and startup investors in expanding their operations to the US and achieving their business goals. 
#### Requirements for the L-1A Visa

To qualify for an L-1A visa, applicants must meet key requirements. The U.S. company must have a qualifying relationship with the foreign company, and the U.S.-based company must be conducting business in the United States, along with the following requirements.

- The candidate must have worked for the foreign firm for at least one year out of the previous three years.
- The applicant must have worked as an executive, manager, or possess specialized expertise.
- The U.S. company must be the foreign company’s parent, branch, affiliate, or subsidiary.
- The U.S.-based company must be doing its business in the U.S.

Meeting these requirements and understanding the intricacies of the L-1A visa process is essential for startup investors and founders seeking to transfer employees, establish U.S. subsidiaries or branches, and take advantage of the benefits of this L-1A visa category.    
#### What is the Process for Obtaining the L-1A Visa

In just a few steps, you can navigate the process of obtaining the L-1A visa as a startup investor in the US that’ll provide you with unique benefits like dual intent and extended stay options. 
Follow the steps below to file for an L-1A visa. 

- The U.S. company files a Form I-129 petition with USCIS.
- The petition includes evidence of the qualifying relationship between the U.S. and foreign companies, as well as evidence of the applicant's employment history and qualifications.
- Once the petition is approved, the applicant can apply for an L-1A visa at a U.S. consulate or embassy abroad.
- The applicant must attend an interview and provide evidence of their qualifications and ties to their home country.
- After the approval of the application, the applicant is issued with an L-1A Visa that allows them to work in the US for a specified amount of time.

Navigating the process of obtaining an L-1A visa is essential. Understanding and following the process diligently, including preparing thorough documentation and meeting deadlines is crucial for a successful L-1A visa application and business expansion to the U.S. 
## Why Start-Up Investors and Founders Should Avail Green Cards

	
Green Cards (Permanent visas) provide long-term stability and security for your business in the U.S. They provide an opportunity to expand your business and establish yourself in the U.S. market.

Permanent residency allows you to enjoy all the benefits of living in the U.S., such as access to healthcare, education, and a higher quality of life.

As a start-up investor or founder, **obtaining a permanent or non-immigrant visa in the U.S. can be a crucial step towards achieving long-term success.** The EB-5, E-2, and L-1 visas are all viable options, each with its own benefits and requirements. 

Understanding the many alternatives accessible allows you to make an informed decision and take the required measures to expand your business and attain permanent status in the United States. 

Achieve your immigration dreams to America with our cutting-edge, caring, and client-centric legal services. Contact us today for personalized and innovative immigration solutions.  


The United States is home to some of the world's largest and most innovative start-up ecosystems, with cities like San Francisco, New York, and Boston attracting Start-Up investors, founders and entrepreneurs from all over the world.

permanent-and-non-immigrant-visa-for-entrepreneurs-in-the-u-s.webp

medium_permanent-and-non-immigrant-visa-for-entrepreneurs-in-the-u-s.webp

small_permanent-and-non-immigrant-visa-for-entrepreneurs-in-the-u-s.webp

thumbnail_permanent-and-non-immigrant-visa-for-entrepreneurs-in-the-u-s.webp

Permanent and Non-Immigrant Visa for Entrepreneurs in the U.S.

When you finally make it into your dream program, one of the questions will be, “how you can work as a student in the US?”   

International students have some conditions and restrictions for working on and off campus. As always, individual cases and visa types are significant to have a work permit as a student.  

In this article, we will discuss the F-1 non-immigrant student visa. In addition, we will give you **the details of the work permits you will have while holding an F-1 visa.**   

Check out other student visa opportunities by reading our article "[Student Visa Options in the US: F1, M1, J1](https://www.grapelaw.com/library/content/student-visa-options-in-the-us-f1-m1-j1)"  
 
## What is an F-1 visa?
    
When you decide to come to the US to study, there are several types of visas: F-1, M-1, and J-1. Each of them has different conditions and rules for visa holders. For example, while an F-1 visa is for academic purposes, an M-1 visa is for students traveling to the US for vocational studies. Lastly, a J-1 visa is for exchange students and lecturers.  

An F-1 visa is a non-immigrant student visa granted to people who want to study in the USA. It is the most popular visa option for full-time students. Besides, F-1 visa holders have the opportunity to bring their immediate family with them to the US. This means that the candidate's spouse and children (unmarried and under 21 years old) can apply for an F-2 visa which allows them to travel with the F1 visa holder.  

## How to apply for an F-1 Visa?
   
The F-1 visa application process can be both exciting and nerve-wracking. It is a significant step towards achieving your academic and career goals. After all, studying in the United States is an exhilarating opportunity. However, the process can also be overwhelming, as it involves a lot of paperwork, fees, and a visa interview that can feel stressful.   

Many students may feel anxious about whether their visa application will be approved, especially if they are leaving behind their home country and loved ones. But, with careful preparation and guidance, most students can successfully navigate the process and start their academic journey in the United States.  

Here is a brief list of the application requirements for the F-1 visa:  

- The applicant must prove they can cover their educational and living expenses during their studies.   
- The applicant must prove that they will return to their home country after completing their studies and that they have strong social and economic ties in their home country.     
- The applicant must have an acceptance letter and Form I-20 (Certificate of Eligibility for Non-immigrant Student Status) from an educational institution in the USA.   
  
## F-1 Visa and Work Opportunities
  
Students who come to the US on an F-1 visa have the opportunity to work under certain conditions. However, as for their immediate families, F-2 visa holders are not allowed to work.   

F-1 students are allowed to work in the United States, but only under certain conditions and in accordance with complex guidelines and restrictions issued by the United States Citizenship and Immigration Service (USCIS).    

Areas that F-1 students can work are as follows:  

- On-campus employment     
- Off-campus employment
    - Working Due to Economic Difficulties    
    - OPT (optional practical training)     
    - CPT (practical training within the curriculum)    
    - STEM OPT
   
***Form I-20 Certificate of Eligibility for Non-immigrant Student Status:** [Form I-20](https://studyinthestates.dhs.gov/students/prepare/students-and-the-form-i-20) is the most important document prepared by the school for students studying at an educational institution in the USA and is the essential document of the visa process and your residence in the USA afterward. For the form to be prepared, you must show that you can afford the school's educational expenses. Therefore, the form is a document that proves your education and financial status in the US.    

## What is On-Campus Employment?
    
USCIS places few conditions on on-campus employment for students with F-1 visas, allowing them to work according to the opportunities their universities offer. However, although F-1 status includes on-campus employment privilege, on-campus job opportunities are minimal at most schools.     

Unlike the general requirements, you must not complete and certify Form I-765 (Application for Employment Authorization) to work on campus. During the school year, you can work up to 20 hours per week on campus, while during break periods, your work authorization can be up to 40 hours per week.     

Even if you find a job on campus, you may need more than the wages you earn to cover your financial needs. In addition, many schools require you to obtain permission from the International Student Office before accepting any work on campus. Sometimes, the school may not allow students to work on campus during their first semester or year.    

Since your situation is always dependent on the support of your school, you should seek guidance and permission from your International Student Office before applying for or accepting any work and request their comments on any ambiguous situation. You will also need advice from your school to ensure that you have reported all the appropriate forms to USCIS and obtained your necessary approvals.     

Finally, not every job physically located on campus may be considered "on-campus employment." For example, even if a construction company continues to operate on campus, it is unlikely that the job you might find there would be considered "on-campus employment." 

Here are questions that can help you with this:    

- Is the position located on the campus of your home university (the campus in the city where the I-20 is registered)?    
- Do you receive your salary from your home university?    
- Does the employment provide direct services to your home university?    
- Is the work a contract-funded research project at the graduate level?
    
**If you answered yes** to the above questions, your job is considered to be located on campus.    

If your answers to the above questions have made you concerned that your work is not on campus, you should apply for the appropriate off-campus authorization for your visa type.   

## What is Off-Campus Employment?
    
Off-campus employment is any employment that is not on the USC campus. It is possible to find off-campus work while you are a student, but it can be difficult and time-consuming. 

There are a few different types of employment authorization available to F-1 students for off-campus employment: **CPT (Curricular Practical Training), OPT (Optional Practical Training), and STEM OPT**. 

## Working Due to Economic Difficulties
    
When issuing the F-1 visa, USCIS assumes that you will be able to meet your financial needs and will not need off-campus work authorization. However, you may be granted permission to work off-campus if you can prove that you are experiencing economic hardship due to emergencies, such as unforeseen events after you enrolled in college (the unpredictable exchange rate in your country), health problems, or family issues.     

Your challenging economic circumstances, the loss of your on-campus job, and your need for financial support qualify for an exception to allow students in F-1 status to work off-campus.     

At least one year of study as a student and good grades play a crucial role in applying for off-campus employment. You can apply for work authorization at USCIS by completing form I-765. Even if USCIS approves your off-campus employment, it will still be limited to 20 hours per week. Your field of employment does not need to be related to your field of study.     

### CPT (Curricular Practical Training)
    
Another job you can do with your F-1 visa is curricular practical training or CPT. Unlike on-campus employment, CPT does not have a 20-hour limit. However, it has to be work related to your field of study. The purpose of CPT is to give you supervision about your field of study. This is why you can also find off-campus employment.     

You do not have to complete and submit Form I-765 (Application for Employment Authorization) to apply for CPT. 
However, you should receive a CPT authorization letter from your school. This document must show that the internship or work you will be doing is within the curriculum. Your school needs to submit this CPT authorization so that SEVIS (Student and Exchange Visitor Program) is aware of the student's activities and can maintain the F-1 visa status.     

### OPT (Optional Practical Training)
    
Another opportunity for off-campus employment is optional practical training (OPT). This program is the right to work in the field in which the student is studying. Students who have completed at least nine months of their degree (undergraduate, graduate, etc.) are entitled to 12 months of OPT during and after their studies. However, a student who has completed the CPT program cannot apply for the OPT program.     

For example, a student who completes a 12-month full-time CPT program at the undergraduate level cannot apply for OPT. Likewise, a student who participated in an OPT program for a bachelor's degree can only apply for OPT if they enroll in a bachelor's program for a second time. However, when they finish their bachelor's degree and start a master's degree, they can apply for OPT again. Unlike the CPT program, when you apply for OPT, you must complete Form I-765 and have it approved by USCIS.     

### STEM OPT
    
Students with F-1 visa status who have completed a bachelor's, master's, or doctoral degree in government-designated STEM fields may apply to USCIS for an extension of the OPT program for up to 24 months if they have a job or job offer.     

The earliest you can apply to extend your visa is 90 days before your OPT program ends. USCIS will consider your application for an OPT extension before the OPT program you are currently on ends.     

To submit your application, complete the "Request for STEM OPT recommendation I-20" form online. Then you will need to submit your most recent I-94, your EAD, a hand-completed and signed Form I-983, and your most recent I-20. You must obtain a new I-20 from your school in the next step.     

You can file your application with USCIS online or by mail. For more information, please [visit the official page of USCIS.](https://www.uscis.gov/working-in-the-united-states/students-and-exchange-visitors/optional-practical-training-extension-for-stem-students-stem-opt)  

## Simplify Your Life in America with Grape Law
    
As a student in a new country, it will be essential for you to gain economic needs and work experience simultaneously. However, deciding how to proceed with your rights and visa requirements can take time and effort. At Grape Law, we are here to help you with your visa application and your new life possibilities. [Contact us](https://www.grapelaw.com/contact) via info@grapelaw.com or [schedule a face-to-face consultation](https://calendly.com/grapelaw) on our website!    
  
 

When you finally make it into your dream program, one of the questions will be, “how you can work as a student in the US?”International students have some conditions and restrictions for working on and off campus. As always, individual cases and visa types are significant to have a work permit as a student.

medium_employment-oppurtunities-for-f1-student.webp

small_employment-oppurtunities-for-f1-student.webp

thumbnail_employment-oppurtunities-for-f1-student.webp

employment-oppurtunities-for-f1-student.webp

Employment Opportunities for F-1 Students | Grape Law

The H-1B visa is a non-immigrant visa that allows foreign workers with specialized skills to work in the United States of America. Many H-1B visa holders seek permanent residency or a Green Card in the United States.   

In this article, we'll discuss **the process of transitioning from an H-1B visa to a green card.**  

## What is an H-1B Visa?
   
The H-1B visa is a non-immigrant visa for foreign workers in the fields of specialty occupations. The H-1B Visa is an opportunity for U.S. employers to hire qualified people from all around the world. The H1B visa is valid for up to three years. The visa can be extended for another three years.  

Specialty occupations require specialized knowledge and a bachelor's degree or higher in a specific field of study. In case of the absence of the degree, the work experience in the field of study is considered the equivalent of the required degree. For example, **if you don't have a four-year bachelor's degree in a specialty occupation, 12 years of work experience in the field will be accepted.**

To learn more about the H1B visa, its requirements, and the application process, read our blog ["H-1B Visa FAQ: Everything You Need to Know"](https://www.grapelaw.com/library/content/h-1-b-visa-faq-everything-you-need-to-know). You can also visit [our library](https://www.grapelaw.com/library) on our website to find out more about this visa.

## What is a Green Card?
   
A green card, otherwise known as a permanent resident card, is a document that allows foreign nationals to live and work in the United States permanently. It is issued by the U.S. Citizenship and Immigration Services (USCIS) and provides many of the same benefits as U.S. citizens, including **the ability to work and travel freely.**  

Our article ["What is a Green Card and How to Apply for It?"](https://www.grapelaw.com/library/content/what-is-a-green-card-and-how-to-apply-for-it) has all the answers to your questions about Green Card. 

## The Process of Transitioning from an H-1B Visa to a Green Card 
  
Before transitioning from an H-1B visa to a green card, it is essential to review the eligibility requirements.   
If you have an approved labor certification, your employer must file an [I-140 Petition for Alien Workers](https://www.uscis.gov/i-140) with U.S. Citizenship and Immigration Services (USCIS).   

Additionally, an individual must be able to demonstrate that they have the financial means and ability to support themselves throughout the application process without resorting to social assistance or sponsored maintenance.

 ![](/uploads/infografik_h1b_to_green_card_cc111eca81.png)   

Transitioning from an H-1B visa to a green card involves several steps. Here's a general overview:  

### Employer Sponsorship
 In most cases, the first step is to have an employer sponsor the H-1B visa holder for a green card. The employer must [file an Immigrant Petition for Alien Worker (Form I-140)](https://www.uscis.gov/forms/all-forms/petition-filing-and-processing-procedures-for-form-i-140-immigrant-petition-for-alien-workers) with the USCIS on behalf of the employee.  
 ### Labor Certification
 The employer must also obtain a labor certification from the U.S. Department of Labor (DOL).   
  The company that wants to hire a foreign worker should demonstrate that there is no fitting U.S. citizen candidate for the position for [the labor certification process](https://www.uscis.gov/policy-manual/volume-6-part-e-chapter-6). In addition, they are asked to prove to hire a foreign worker will not affect U.S. workers' wages and working conditions.  
### Adjustment of Status
 If the H-1B visa holder is living in the United States, they may be able to adjust their status to that of a permanent resident without leaving the country. The employer must file an application to Register Permanent Residence or Adjustment of Status (Form I-485) on behalf of the employee.  
### Consular Processing
 If the H-1B visa holder is outside the United States, they must go through consular processing to obtain a green card. This involves going to a U.S. embassy or consulate in their home country to complete the application process.  
### Visa Availability
 The final step is to wait for a visa to become available. Each year there is a limited number of green cards issued. And there are often long waiting periods for specific categories of applicants. The H-1B visa holder must wait for their priority date to become current before being granted a green card.  
### Attend an Interview
 After submitting your application, you may be asked to attend an interview with a USCIS Immigration Officer. The officer will ask questions about your qualifications and profile during the interview. Your answers should match the information submitted in your application form.  
### Medical Exam (If Necessary)
Additionally, depending on which visa type you are applying for, you may need to undergo a medical exam by a USCIS-approved doctor. The doctor will assess your health condition and ensure that any infectious diseases or situations do not prevent you from receiving permanent residence status in the U.S.  
### Await Notification of Approval or Denial of Permanent Residency Status
 After attending the interview and undergoing any necessary medical exams, your application will be sent to USCIS headquarters for review. Once your application has been processed, you will receive a notice of approval or denial.   

**If your application is approved**, you will be granted permanent residence status in the U.S. and can begin making plans for your future life in the U.S.   

**If it is denied**, you should consult with an immigration lawyer about potential appeals or further applications.  

Transitioning from an H-1B visa to a green card is a complex process that requires careful planning and the assistance of an experienced immigration attorney. In addition, the process involves employer sponsorship, labor certification, and adjustment of status or consular processing.   

The availability of visas is limited, and there are often long waiting periods. However, obtaining a green card provides many benefits and is vital for foreign workers who wish to make the U.S. their permanent home.  

## Using a Law Firm for H-1B Visa to Green Card Transition
   
Navigating the H-1B visa to the green card process can be challenging, especially for those unfamiliar with U.S. immigration laws and regulations. This is where a law firm like Grape Law can significantly assist.   

Grape Law provides comprehensive legal services to clients transitioning from an H-1B visa to a green card. Our experienced attorneys can guide clients through the process, from labor certification to visa availability. We meticulously follow the process of completing paperwork on time and correctly. With Grape Law's expertise, clients can have peace of mind knowing that their application is in good hands.   

[Contact us](https://www.grapelaw.com/contact) today to [schedule a consultation](https://calendly.com/grapelaw) and get started on your path to permanent residency in the United States.  
 
 

The H-1B visa is a non-immigrant visa that allows foreign workers with specialized skills to work in the United States of America. Many H-1B visa holders seek permanent residency or a Green Card in the United States. 

medium_from-h1b-to-green-card.webp

small_from-h1b-to-green-card.webp

thumbnail_from-h1b-to-green-card.webp

from-h1b-to-green-card.webp

The Transition from H1B Visa to a Green Card | Grape Law

The H1B non-immigrant work visa program is highly sought-after for foreign workers seeking to work in the United States. The H1B non-immigrant work visa allows foreign workers in specialty occupations to work in the U.S. for up to three years, with the option to extend for another three years.  

However, the H-1B non-immigrant work visa program is subject to an annual cap, which limits the number of visas available each fiscal year. The cap for the fiscal year 2023 is set at 85,000 visas, with 20,000 of these visas set aside for **exempt organizations, institutions of higher education, and related or affiliated non-profits.** 

In this article, we will explain **who qualifies for an H-1B cap exemption and how to apply for an H-1B visa as a cap-exempt worker.**  
 
## What is H-1B Cap-Exempt
 

This category applies to those seeking employment in an exempt organization, an institution of higher education, or a related or affiliated non-profit entity. For example, if the petitioner seeks an H-1B visa for a faculty position at a university or educational institute, they would be considered cap-exempt. Additionally, any positions under the tenure system at a university would also qualify for this exemption.  

**But what about workers who are exempt from the H-1B cap?**  

If you are a foreign worker who qualifies for an H-1B cap exemption, you may bypass the annual cap and receive an H-1B visa without waiting for the annual lottery. This can significantly reduce the time and uncertainty of obtaining an H-1B visa.  

## Who Qualifies for an H-1B Cap Exemption?
  
Several categories are exempt from the H-1B cap. These categories include:  

### Workers Employed at Cap-Exempt Institutions
  
If a cap-exempt institution employs you, you may be eligible for an H-1B cap exemption. Cap-exempt institutions include: 

- Universities, 
- Affiliated non-profit organizations, 
- Government research organizations, 
- Primary and secondary schools. 

This category of H-1B cap exemption provides an advantage for foreign workers who have received their education in the U.S. and who now seek to work in the U.S. in their field of study.  

## Workers Who Have Already Been Counted Against The H-1B Cap in The Past Six Years
  
If you have already received an H-1B visa in the past six years, you may be eligible for an H-1B cap exemption. This is because each time you receive an H-1B visa, you are counted against the annual cap.  

## Workers Who are Applying for a Concurrent H-1B Visa
  
If you currently work in the U.S. on an H-1B visa and are applying for a concurrent H-1B visa, you may be eligible for an H-1B cap exemption. This is because you are already counted against the annual cap.  

## How to Apply for an H-1B Visa as a Cap-Exempt Worker
  

 ![](/uploads/h1b_visa_cap_exempt_worker_691bd121c4.png) 

Applying for an H-1B non-immigrant work visa as a cap-exempt worker is similar to applying for an H-1B visa under the annual cap. However, there are a few key differences that you should be aware of.  

### Prepare Your H-1B Petition 

The first step in applying for an H-1B visa as a cap-exempt worker is to prepare your H-1B petition. This will include submitting the necessary forms and documentation to the U.S. Citizenship and Immigration Services (USCIS). Your employer or attorney will typically assist you with preparing the H-1B visa petition.   

The petitioner must provide proof of the organization's exempt status when filing this petition. The following documents should be included when submitting a petition:  

- Form I-129, Petition for Nonimmigrant Worker,  
- Official letter from school or employer verifying exempt status/tax exemption (for universities) or Exemption Number (for non-profits),  
- Supporting documents and evidence, including resumes and proof of credentials.
  
Additionally, employers must include additional documents for any foreign nationals exempt from the cap under a blanket petition.  

### Submit Your H-1B Petition 

Once you have prepared your H-1B petition, you will submit it to the USCIS. Therefore, ensuring that all forms and documentation are complete and accurate is significant, as any errors or omissions may delay or deny your H-1B visa application.  

### Provide Evidence of Your Cap Exemption 

When you submit your H-1B petition, you will also need to provide evidence of your cap exemption. This may include a letter from your employer confirming that you are employed by a cap-exempt institution or a copy of your previous H-1B visa if you are switching from another visa category.  

### Wait for a Decision 

Once you have submitted your H-1B petition and evidence of your cap exemption, you must wait for a decision from the USCIS. The processing time for H-1B visas varies, but it is typically several months. You can check the status of your H-1B visa application online.  

### Attend an H-1B Visa Interview (If required)  

You may be required to attend an H-1B visa interview. This is typically a brief meeting with a consular officer to verify your H-1B petition's information and confirm that you are eligible for an H-1B visa.  

### Receive Your H-1B Visa 

If your H-1B visa application is approved, you will receive your H-1B visa. This will allow you to enter the U.S. and start working in your specialty occupation.  
 
## Tips & Advice on Filing a Successful Application
  
It's crucial to understand the requirements of each H-1B Visa Cap Exemption to submit a successful petition. Here are some tips and advice for an outstanding petition: 

- Employers should submit relevant documentation, such as tax information and employment records, including job titles, duties, and salary rates.  
- Foreign nationals should provide evidence that details their qualifications and education.  
- Employers should complete all forms accurately to maximize the chance of approval.  

In conclusion, H-1B cap exemptions provide a significant advantage for foreign workers seeking to work in the U.S. By bypassing the annual cap, cap-exempt workers may obtain an H-1B visa more quickly and with less uncertainty.  

If you qualify for an H-1B cap exemption. In that case, it is essential to consult with an experienced immigration attorney who can assist you with the H-1B visa process.  

## Get Legal Consultancy from Grape Law
  
At Grape Law, our experienced immigration attorneys are dedicated to helping foreign workers navigate the complex H-1B non-immigrant work visa process. Whether you are a cap-exempt worker or subject to the annual cap, we can assist you with preparing and submitting your H-1B petition, attending an H-1B visa interview, and addressing any issues that may arise during the H-1B visa process. 

[Contact us](https://www.grapelaw.com/contact) today to [schedule a consultation](https://calendly.com/grapelaw) and learn more about how we can help you achieve your immigration goals.  
  
 
 

The H1B non-immigrant work visa program is highly sought-after for foreign workers seeking to work in the United States. The H1B non-immigrant work visa allows foreign workers in specialty occupations to work in the U.S. for up to three years, with the option to extend for another three years. 

medium_h1b-visa-exemption.webp

small_h1b-visa-exemption.webp

thumbnail_h1b-visa-exemption.webp

h1b-visa-exemption.webp

Understanding the H1B Cap Exemptions: Who Qualifies and How to Apply

The H-1B visa is a non-immigrant visa that allows foreign workers to work in the United States in specialized occupations. The visa is granted for three years and can be extended for another three years. Therefore, if you are working in the United States on an H-1B visa and wish to change employers, you can continue working through the H-1B visa transfer process.  

**In this article, we will discuss how to transfer your H-1B visa to a new employer while maintaining your H-1B status.**  

## What Is An H-1B Visa Transfer?
  
An H-1B visa transfer allows a foreign worker to transfer their H-1B visa from one employer to another. This means that the worker can change employers and continue to work in the United States without having to leave the country. The H-1B visa transfer process is also known as H-1B portability.  

<div style="background: #0C7D93; padding: 5px; color : white; font-size:large; "> To be eligible for an H-1B visa transfer, you must be in lawful status and have a valid H-1B visa. You must also have a new job offer from a different employer. </div>  

## How to Change Employers While Maintaining H1B Status

 ![](/uploads/h1b_visa_transfer_e1f0c4fd09.webp) 
  
## Steps in the H-1B Visa Transfer Process
  
The H-1B visa transfer process involves several steps that must be completed to transfer your visa to a new employer. These steps include:  

### Finding a New Employer

The first step in the H-1B visa transfer process is to find a new employer who is willing to sponsor your H-1B visa. You can search for job openings on job boards, company websites, or through networking.   
### Check Employer’s Eligibility

It’s essential to ensure that the employer you are transferring to is eligible. Many employers must demonstrate they have registered with the U.S. Department of Labor and received certification from them prior to issuing new H-1B visas. Similarly, nonprofit organizations, universities, and research institutions should all be checked for visa sponsorship requirements before any transfer paperwork is filed.  
### Job Offers and Acceptance 

Once you have found a new employer, you will need to receive a job offer. You will need to accept the job offer to proceed with the H-1B visa transfer process.  
### Understand Processing Time and Fees
 Once you have found an eligible employer and agreed to transfer your H-1B visa there, knowing what fees you must pay and the expected processing time for the transfer is critical.  
    The employer itself will cover the filing fees for the Form I-129 or Petition for a Non-immigrant Worker but may ask that you cover legal consultation or attorney fees associated with the transfer. Applications usually take 2-6 weeks to be accepted by USCIS.  
### Prepare Documents for H-1B Transfer Petition
 Before your employer begins the H-1B transfer process, you will need to prepare and submit several documents for the application to be accepted.  
    These documents include proof of current visa status (such as a valid passport, visa, or I-94 record); educational documents such as transcripts and diploma; evidence of relevant work experience; proof of good moral character; and a signed employment contract with the new employer. If applicable, you may also have to provide documentation proving any dependent family members who are transferring along with you.  
### Filing the New H-1B Petition

After accepting the job offer, your new employer will file a new H-1B petition on your behalf. This petition will be filed with the U.S. Citizenship and Immigration Services (USCIS) and will request that your H-1B visa be transferred to your new employer.  
    If approved, you will receive an I-797C Notice of Action letter that confirms the approval of your change of non-immigrant status. You may then travel to a U.S. consulate to obtain a new visa stamp or travel back to the U.S., and you are free to begin working upon reentering the country with any necessary documentation obtained from the consulate office.  
### Waiting for Approval

You will receive an I-797C Notice of Action Letter confirming your transfer request and visa status change, permitting you to travel abroad. From there, you must schedule a visit to the consulate or embassy available in your home country.  
    On the day of your appointment, you will be required to provide additional documents outlining why you need to transfer jobs on an H-1B visa. Once all documents have been reviewed, the consulate officer will issue your new visa stamp stating the job change. 	Finally, you are free to enter the United States with the new visa stamp and begin working with your new employer.  
### Start Working for The New Employer
Once the H-1B petition has been approved, you can begin working for your new employer. You do not need to leave the country or apply for a new visa.  

## Maintaining H-1B Status During the Transfer Process
  
- Maintaining your H-1B status during the visa transfer process is essential to avoid any issues with your visa. To keep your H-1B status, you must:  
- Continue working for your current employer until your new H-1B petition has been approved.  
- Ensure your new job offer and position are in a specialized occupation requiring a bachelor's degree or higher.  
- Make sure your new employer has filed a new H-1B petition on your behalf before your current H-1B visa expires.  
- Ensure that you are still being paid the prevailing wage for your position.  
- Make sure you are not out of work for more than 60 days during the transfer process.  

If you maintain your H-1B status during the transfer process, you could avoid losing your visa and leaving the country.  

## Get Help from Grape Law to Navigate the H-1B Visa Transfer Process
  
Navigating the H-1B visa transfer process can be complicated, and it's necessary to ensure that you follow all the rules and regulations to maintain your visa status. That's where Grape Law can help.  

At Grape Law, we have experienced immigration attorneys who can guide you through the H-1B visa transfer process and ensure you comply with all requirements. In addition, we can assist with preparing and filing the new H-1B petition and help you with any questions or concerns about the transfer process.  

Our attorneys can advise you on other immigration-related matters, such as visa extensions, Green Card applications, and non-immigrant visas. The immigration process can be overwhelming, but our team is here to help you navigate it every step of the way.  

If you need assistance with the H-1B visa transfer process, [contact Grape Law](https://www.grapelaw.com/contact) today to [schedule a consultation](https://calendly.com/grapelaw) with one of our experienced immigration attorneys. We will work with you to ensure a smooth transition to your new employer and help you maintain your H-1B status.  
  
 

The H-1B visa is a non-immigrant visa that allows foreign workers to work in the United States in specialized occupations. The visa is granted for three years and can be extended for another three years. Therefore, if you are working in the United States on an H-1B visa and wish to change employers, you can continue working through the H-1B visa transfer process.

medium_h1b-visa-transfer-process.webp

small_h1b-visa-transfer-process.webp

thumbnail_h1b-visa-transfer-process.webp

h1b-visa-transfer-process.webp

The H1B Visa Transfer Process 

Job loss and layoffs can be challenging for anyone, but they can be especially daunting for H-1B visa holders. The H-1B visa is a non-immigrant visa that allows foreign workers with specialized skills to work in the United States for a maximum period of six years. In this blog post, we'll discuss how H-1B visa holders can navigate job loss and lay-offs and what options are available to them. 

## Understanding the Impact of Job Loss on H-1B Visa Holders
  
Job loss can have a significant impact on H-1B visa holders. Unlike U.S. citizens, H-1B visa holders are tied to their employer and their visa is contingent upon their employment. If an H-1B visa holder loses their job, they may have a limited amount of time to find a new employer who is willing to sponsor their visa. If they are unable to find a new employer within that time, they may be forced to leave the country. 

## Steps to Take after Job Loss
  
If an H-1B visa holder loses their job, there are several steps they should take: 

### Notify USCIS: 
The H-1B visa holder should notify the United States Citizenship and Immigration Services (USCIS) of their job loss as soon as possible. This will give them time to find a new employer or make other arrangements. 
### Look for a New Job: 
The H-1B visa holder should begin looking for a new job as soon as possible. They can start by reaching out to their network and applying to job openings online. 
### Apply for Unemployment Benefits:
Depending on the circumstances of the job loss, the H-1B visa holder may be eligible for unemployment benefits. They should contact their state's unemployment office to find out what benefits are available to them. 
### Consider Changing Status:
If the H-1B visa holder is unable to find a new employer who is willing to sponsor their visa, they may want to consider changing their status to a different visa category, such as an F-1 student visa or an O-1 visa for individuals with extraordinary abilities. 

## Options for H-1B Visa Holders Facing Layoffs
  
If an H-1B visa holder is facing a layoff, there are several options available to them: 

### Severance Package:
The employer may offer a severance package that includes a lump sum payment and extended health benefits. The H-1B visa holder should carefully review the terms of the severance package before accepting it. 
### Job Search:
 The H-1B visa holder should begin looking for a new job as soon as possible. They can start by reaching out to their network and applying to job openings online. 
### Changing Employers:
 If the H-1B visa holder is able to find a new employer who is willing to sponsor their visa, they can transfer their H-1B visa to the new employer. 
### Grace Period:
The H-1B visa holder may be eligible for a 60-day grace period after their employment is terminated, during which they can remain in the United States and look for a new job.
 
## Access Support Services Available For H-1B Visa Holders in the U.S. 
 
If you’re an H-1B Visa holder who has been laid off, it is crucial to understand that there may be specific programs available to offer you help and support. Nonprofit organizations can provide employment assistance, legal advice, and financial aid. Additionally, certain United States government departments provide counseling on job loss and labor relations as well as referral services for employers seeking to engage foreign workers in the U.S. 

## Conclusion
 
Losing a job or being laid off can be painful for anyone, but H-1B visa holders may find it particularly trying. Holders of H-1B visas are obligated to work for their company, and their visa is dependent on that job. An H-1B visa holder may only have a certain amount of time to find a new employer ready to sponsor their visa if they lose employment. However, there are steps that H-1B visa holders can take to navigate job loss and layoffs, look for a new job, apply for unemployment benefits, and consider changing their status. By taking these steps, H-1B visa holders can increase their chances of finding a new employer or a new visa status that allows them to remain in the United States. 

It's important to note that H-1B visa holders are not alone in facing job loss and layoffs. The COVID-19 pandemic has led to widespread job loss across many industries, including those that employ H-1B visa holders. The good news is that many employers are still seeking skilled workers, and there are opportunities for H-1B visa holders to find new employment. 

#### How Grape Law Can Help You!
 
Grape Law is an experienced immigration law firm that can assist H-1B visa holders facing job loss and layoffs. Our team of attorneys can help H-1B visa holders understand their legal options and navigate the complex visa application process. We can assist in exploring alternative visa options. Our goal is to provide our clients with the support they need to successfully navigate this challenging time. 

If you are an H-1B visa holder who has lost their job or is facing a layoff, don't hesitate to contact Grape Law. Our attorneys have the expertise and knowledge to help you understand your legal options and navigate the complex immigration system. [Contact us](https://www.grapelaw.com/contact) today to [schedule a consultation](https://calendly.com/grapelaw) and learn more about how we can help you navigate job loss and layoffs as an H-1B visa holder. 
 

Job loss and layoffs can be challenging for anyone, but they can be especially daunting for H-1B visa holders. The H-1B visa is a non-immigrant visa that allows foreign workers with specialized skills to work in the United States for a maximum period of six years. In this blog post, we'll discuss how H-1B visa holders can navigate job loss and lay-offs and what options are available to them.

medium_h1b-layoffs-job-loss.webp

small_h1b-layoffs-job-loss.webp

thumbnail_h1b-layoffs-job-loss.webp

h1b-layoffs-job-loss.webp

Navigating Job Loss and Lay-offs as an H-1B Visa Holder

The H-1B visa is a non-immigrant visa that allows foreign workers to work in the United States for a specific period. It is popular with companies that need skilled workers to fill specific positions. However, the H-1B visa application process can be expensive, and it's critical to budget accordingly to avoid any surprises. In this article, we'll break down the costs associated with the H-1B visa and provide tips on how to budget for them. Hopefully, you will not face unexpected bills later.  

To learn more about the H-1B visa and the application process, read the related articles in our library:
- [H-1B Nonimmigrant Worker Visa for Professionals](https://www.grapelaw.com/library/content/h-1-b-nonimmigrant-worker-visa-for-professionals)
- [H-1B Lottery System: How it Works and Strategies to Increase Your Chances](https://www.grapelaw.com/library/content/h1b-visa-lottery-what-employers-and-employees-should-know) 
- [H-1B Visa FAQ: Everything You Need to Know](https://www.grapelaw.com/library/content/h-1-b-visa-faq-everything-you-need-to-know)

## H-1B Visa Fees: A Breakdown of Costs
 
The H-1B visa application process involves several fees that applicants must pay to the U.S. government. The government fees associated with an H-1B visa can vary depending on the type of employer and plan of action. A standard filing fee for an H-1B application ranges anywhere from $460 to $8960 USD. 

<div style="background: #0C7D93; padding: 5px; color: white; font-size:large; "> Additionally, some employers may require additional charges or fees to meet their needs and support the visa process. Therefore, it’s worthwhile to research and understands what’s required along with any additional fees charged by your employer prior to application. The fee is non-refundable, even if the application is denied.</div> 

H-1B visa fees include: 

### I-129 Filing Fee 

I-129 is the form used to apply for various non-immigrant visas, including the H-1B visa. As of 2023, the standard filing fee for an I-129 Petition for Non-immigrant Workers is $460. 

### ACWIA Fee 

The American Competitiveness and Workforce Improvement Act (ACWIA) fee is paid by the employer sponsoring the H-1B visa. The fee is $750 for employers with 1-25 full-time employees and $1,500 for employers with 26 or more full-time employees. This fee is used to fund training programs for U.S. workers. 

### Fraud Protection Fee 

The fraud prevention and detection fee is a mandatory fee that must be paid when filing certain H-1B visa applications. The fee is designed to help fund initiatives to prevent and detect fraud and abuse in the H-1B program. As of 2023, the fraud prevention and detection fee for H-1B visa applications is $500.  

This fee is in addition to the standard filing fee for the H-1B visa application. Employers are required to pay the fraud prevention and detection fee for each and every H-1B petition they file, as well as for any H-1B extensions or transfers to a new employer. It's essential to note that the fraud prevention and detection fee is non-refundable, even if the H-1B application is denied. 

### Public Law 114-113 Fee 

Public Law 114-113, also known as the Consolidated Appropriations Act of 2016, introduced an additional fee for certain H-1B and L-1 visa applications. This fee called the "Public Law 114-113 fee" or "ACWIA fee," is assessed on companies that employ 50 or more employees in the United States and have more than 50% of their workforce on H-1B or L-1 visas.  

The fee is $4,000 for H-1B visa applications and $4,500 for L-1 visa applications. The fee applies to initial H-1B or L-1 visa petitions, as well as to extensions of stay or changes of employer for individuals already in the United States on H-1B or L-1 visas. It's important to note that the Public Law 114-113 fee is in addition to the standard filing fee and the fraud prevention and detection fee for H-1B visa applications. This fee is used to fund various training and education programs for American workers in high-demand industries. 

### Premium Processing Fee 

The premium processing fee is optional and allows applicants to have their application processed within 15 calendar days. The fee is $2,500 and is paid by the employer sponsoring the visa. If the application is not processed within 15 calendar days, the fee is refunded. However, if the application is denied, the fee is not refunded. 

### Visa Issuance Fee 

The visa issuance fee is paid by the applicant and varies depending on the applicant's country of origin. The fee ranges from $190 to $520 and is non-refundable, even if the visa application is denied. 

### Attorney Fees

Many applicants hire an immigration attorney to help them navigate the H-1B visa application process. Attorney fees vary but can range from a few thousand dollars to tens of thousands of dollars. 

## Factor in Other Costs Beyond Filing Fees
 
Employers may be responsible for other costs and expenses such as processing fees, attorney fees, and document authentication. Depending on the circumstances you and your employer are facing, these additional costs can add up quickly. <span style="color: #FF504B;">Therefore, it’s wise to speak with an attorney or advisor prior to filing the application to get an understanding of any unexpected charges when applying for an H-1B visa.</span> 

## How to Budget for H-1B Visa Fees
 
The H-1B visa application process can be expensive, and it's important to budget accordingly. Here are some tips on how to budget for H-1B visa fees: 

### Research the Fees 

Start by researching the fees associated with the H-1B visa application process. Make a list of all the fees and their associated costs. 

### Talk to Your Employer 

Talk to your employer about the H-1B visa application process and the fees associated with it. Make sure they are aware of the costs and ask if they will cover any of the fees. 

### Set a Budget 

Set a budget for the H-1B visa application process based on the fees you have researched. Make sure to include all fees, including attorney fees. 

### Consider Payment Plans 

Some immigration attorneys offer payment plans for their services. Consider this option if you're unable to pay the full amount upfront. 

### Calculate Travel and Lodging Expenses Accordingly 

Prospective H-1B visa holders should plan for additional expenses such as travel and lodging when applying for an H-1B visa. These costs vary depending on how far the applicant has to travel and how long they will stay in their destination country. It is recommended to research what accommodation is available in their destination prior to applying so that they can make an informed estimate of their budget. 

### Save Money 

Start saving money as soon as possible to cover the H-1B visa application fees. Consider cutting back on expenses or taking on extra work to save more money. 

### Be Prepared for Unforeseen H-1B Visa Costs during Processing Time 

When you plan your budget for an H-1B visa, it is significant to consider additional costs during the processing time. These can include fees such as legal advice and assistance, courier services, visa application fees, additional travel costs, and any other expenses associated with the preparation and submission of your application. Make sure to add these fees to your budget prior to commencing the H-1B visa process. 

### Look for Scholarships or Grants 

There are scholarships and grants available for immigrants pursuing higher education or training programs in the U.S. Consider applying for these scholarships or grants to help offset the H-1B visa application process costs. 

## Conclusion
 
The H-1B visa application process can be costly, but it's crucial to budget for these expenses to avoid any surprises. Researching the fees, talking to your employer, setting a budget, considering payment plans, saving money, looking for scholarships or grants, and being prepared for other expenses can help you navigate the H-1B visa application process with ease. With careful planning and preparation, you can successfully obtain an H-1B visa and pursue your career goals in the United States. 

## Grape Law: Your Partner in the H-1B Visa Application Process
 
Navigating the H-1B visa application process can be complicated, but Grape Law can help. Our team of experienced immigration attorneys can guide you through the process, from preparing your application to navigating the interview process. We understand that the H-1B visa application process can be expensive, which is why we offer payment plans to help make our services more accessible. With Grape Law on your side, you can feel confident about your H-1B visa application and focus on pursuing your career goals in the United States. [Contact us](https://www.grapelaw.com/contact) today to learn more and [schedule a consultation](https://calendly.com/grapelaw). 

The H-1B visa is a non-immigrant visa that allows foreign workers to work in the United States for a specific period. It is popular among companies that need skilled workers to fill specific positions. However, the H-1B visa application process can be expensive, and it's important to budget accordingly to avoid any surprises. In this article, we'll break down the costs associated with the H-1B visa and provide tips on how to budget for them. Hopefully, you will not face unexpected bills later.  

medium_h1b-visa-fees.webp

small_h1b-visa-fees.webp

thumbnail_h1b-visa-fees.webp

h1b-visa-fees.webp

H-1B Visa Fees A Breakdown of Costs and How to Budget for Them

The H-1B is a popular visa program that allows U.S. companies to employ foreign workers in specialty occupations. The H-1B visa is intended for workers in specific fields, such as technology, engineering, finance, and healthcare, and is highly sought after due to the limited number of visas that are made available each year. 

One of the unique features of the H-1B visa is the lottery system that is used to allocate visas to eligible applicants. This system can be confusing and competitive, so it’s important to understand how it works and what strategies can be used to increase your chances of being selected. In this guide, we'll break down the lottery system in detail, and provide strategies on how to increase your odds of obtaining this invaluable visa! 

## How the H-1B Lottery System Works
 
The first step of the lottery process is registration. This year the registration period starts on the 1st of March and ends on the 17 March 2023. The results will be announced on 31 March 2023. Then, USCIS starts to accept the submission of H-1B petitions. The date for the admission of the petition period has not been announced. But it is expected to start on 3rd of April. The annual H-1B cap is currently set at 65,000 visas per fiscal year, with an additional 20,000 visas available for foreign workers with a U.S. master’s degree or higher.      

<div style="background: #0C7D93; padding: 5px; color : white; font-size:large; ">It’s essential to note that not all H-1B petitions are subject to the H-1B cap. Certain types of H-1B petitions, such as those filed by universities or nonprofit research organizations, are exempt from the cap and are processed in the order in which USCIS receives them.</div> 

## Strategies to Increase Your Chances in the H-1B Lottery
 
- **Don’t miss the registration period**: The registration period for this year's lottery will start on March 1, and end on March 17, 2023. All registration documents must be prepared and submitted online during this period. Prospective H-1B sponsoring employers can use their existing myUSCIS account to register for the lottery. First-time sponsoring employer applicants can create their account during the registration period starting Tuesday, February 21. 
- **Consider obtaining a U.S. master’s degree**: As previously mentioned, an additional 20,000 visas are available for foreign workers with a U.S. master’s degree or higher. Obtaining a U.S. master’s degree can increase your chances of being selected in the H-1B lottery and may also improve your employment prospects in the U.S. 
- **Work with an experienced immigration attorney**: An experienced immigration attorney can help you navigate the H-1B lottery process. An attorney can also assist you in preparing and filing your H-1B petition. 
- **Calculate The Necessary Costs and Fees**: When planning for your H-1B application, it is important to be aware of the various fees and costs associated with the process, including submission fees and attorney’s fees. Knowing these costs ahead of time can help you plan financially and make sure you have enough money saved up to cover all costs associated with submitting your H-1B application. 
- **Consider alternative visa options**: If you are not selected in the H-1B lottery, there may be alternative visa options available to you. There are several alternative paths to obtaining authorization for working in the United States. For example, the F-1 student visa, J-1 exchange visitor visa, or O-1 visa for individuals with extraordinary ability may be options worth considering. You could also investigate securing a visa through a cultural exchange program or through your graduate studies program. Being aware of these possibilities can help you better plan out your future if it looks like obtaining an H-1B visa will be difficult. 
- **Stay informed about H-1B regulations**: The H-1B visa program and regulations are subject to change, so it’s important to stay informed about any updates or changes. Staying informed can help you make informed decisions about your immigration status. 

## The Importance of Working with an Experienced Immigration Attorney
 
Navigating the H-1B visa lottery system can be complex and overwhelming, which is why it’s crucial to work with an experienced immigration attorney. An immigration attorney can provide valuable guidance and support throughout the entire process, from preparing and filing your H-1B petition to answering any questions or concerns you may have. 

At Grape Law, our team of experienced immigration attorneys is dedicated to helping individuals and businesses navigate the H-1B visa process. Our attorneys have extensive knowledge of immigration law and a deep understanding of the H-1B visa program, and we are committed to helping our clients achieve their immigration goals. 

Whether you are an individual seeking an H-1B visa or a business looking to sponsor a foreign worker, our team at Grape Law can provide the guidance and support you need. [Contact us](https://www.grapelaw.com/contact) today to [schedule a consultation](https://calendly.com/grapelaw) and learn more about how we can help you navigate the H-1B visa process. 
 
 

The H-1B is a popular visa program that allows U.S. companies to employ foreign workers in specialty occupations. The H-1B visa is intended for workers in specific fields, such as technology, engineering, finance, and healthcare. It is highly sought after due to the limited number of visas made available each year. 

One of the unique features of the H-1B visa is the lottery system that is used to allocate visas to eligible applicants. This system can be confusing and competitive, so it’s important to understand how it works and what strategies can be used to increase your chances of being selected. In this guide, we'll break down the lottery system in detail, and provide strategies on how to increase your odds of obtaining this invaluable visa! 


medium_h1b-lottery-tips-for-success.webp

small_h1b-lottery-tips-for-success.webp

thumbnail_h1b-lottery-tips-for-success.webp

h1b-lottery-tips-for-success.webp

H-1B Lottery System: How it Works and Strategies to Increase Your Chances

The H-1B visa is a popular option for entrepreneurs looking to start a business in the United States. However, the process of obtaining an H-1B visa can be complex and time-consuming. In this article, we'll provide a step-by-step guide on how to apply for an H-1B visa as an entrepreneur. In addition, we'll explore the pros, cons, and everything in between for entrepreneurs as the H-1B visa has become a popular option for entrepreneurs looking to start a business in the United States. This non-immigrant visa category allows US employers to hire foreign workers in specialty occupations, including entrepreneurs with unique skills and qualifications. 

 ![](/uploads/h1b_application_for_entrepreneur_3651f8319e.png) 

## Step 1: Determine Eligibility
 
The first step in applying for an H-1B visa is to determine if you're eligible. To be eligible, you must have a bachelor's degree or higher in a specialty occupation, and the job you're applying for must require a bachelor's degree or higher. Additionally, your employer (yourself, as the entrepreneur) must be willing to sponsor you for an H-1B visa. Since an H-1B visa requires a sponsor for the application, whether an entrepreneur can sponsor for themselves is a crucial question. 

### Can you apply for an H-1B if you are self-employed?
 
Yes, if you own a company, it is possible to apply for an H-1B visa if you can demonstrate that there is an employer-employee relationship between the company and yourself, as the employee. This can be demonstrated if the control of your work is exercised by someone other than yourself, such as investors, a board of directors, preferred shareholders, etc. 

However, it's important to note that demonstrating these employer-employee relationships can be challenging and require evidence to support it. It's recommended to consult with an immigration attorney to determine the best approach and ensure a successful H-1B visa application. 

  ### How could you prove an employer-employee relationship if you own the company? 
 
If you own your own company and wish to apply for an H-1B visa, you need to demonstrate that there is an employer-employee relationship between you and the company. The following evidence can help establish this relationship: 

#### Organizational charts: 
Showing that the company has a structure and hierarchy and demonstrating the position of the employee (you) within the organization. 
 #### Job description:
 Detailing the duties and responsibilities of the employee and the level of control that the company exercises over the employee's work. 
#### Payroll records:
Showing that the employee (you) is paid by the company and that the company has the right to control the employee's work. 
 #### Contracts:
 Such as employment contracts or service contracts, between the company and the employee, specifying the terms and conditions of the employment relationship. 
 #### Tax forms:
Such as W-2 forms or 1099 forms demonstrate the employer-employee relationship and the compensation received by the employee. 
 #### Performance reviews: 
Demonstrating that the company evaluates the employee's performance and has the right to control the employee's work. 

These are some examples of evidence that can be used to demonstrate the employer-employee relationship. Still, each case is unique and the specific evidence required will depend on the circumstances. It's recommended to consult with an immigration attorney for personalized guidance and to ensure that your H-1B visa application is as strong as possible. 
 
## Step 2: Find a US Employer 

As an entrepreneur, you will be the sponsor of your own H-1B visa. This means that you'll need to set up a US-based business and be the employer of record for the H-1B visa. 

## Step 3: Obtain a Labor Condition Application (LCA) 

The next step is to obtain a Labor Condition Application (LCA) from the Department of Labor (DOL). The LCA confirms that the terms and conditions of your employment are consistent with the conditions in the area of intended employment and that the hiring of a foreign worker will not negatively impact the wages and working conditions of similarly employed U.S. workers. 

## Step 4: File the H-1B Petition
 
Once you have the LCA, you can file the H-1B petition with U.S. Citizenship and Immigration Services (USCIS). The petition must include the following documents: 

- Form I-129, Petition for Nonimmigrant Worker 
- Labor Condition Application (LCA) 
- Proof of a bachelor's degree or higher required for the job 
- Evidence of your ability to perform the duties of the job 
- Proof of the employer-employee relationship between the entrepreneur and the business 
- Evidence of the financial ability of the business to pay the prevailing wage for the position 

## Step 5: Wait for Approval 

Once the H-1B petition is filed, you'll need to wait for approval from USCIS. The processing time for H-1B visas can vary, so it's important to plan accordingly. 

## Step 6: Attend a Visa Interview (if required) 

In some cases, you may be required to attend a visa interview at a US embassy or consulate. During the interview, a consular officer will review your H-1B petition and ask questions to confirm your eligibility. 

## Step 7: Enter the US
 
Once your H-1B visa is approved, you can enter the United States and start your business. You'll be allowed to stay in the US for up to three years, with the possibility of renewing the visa for an additional three years. 

## H-1B Visa for Entrepreneurs: The Pros, Cons, and Everything In-Between
 
### Pros
 
#### Access to the US Market: 
The US is home to one of the world's largest and most dynamic markets. With an H-1B visa, entrepreneurs have the opportunity to access this market and grow their businesses. 
#### The attraction of Talent: 
The H-1B visa can also be a valuable tool for attracting top talent from around the world. This is especially important for entrepreneurs who need to build a team in order to grow their businesses. 
#### Path to Permanent Residence:
 For entrepreneurs who eventually want to become permanent residents of the US, the H-1B visa can be a valuable stepping stone. An entrepreneur with a successful H-1B-based business may be eligible for an EB-1C visa, which is a fast track to permanent residency. 

### Cons
 
#### High Demand:
 The demand for H-1B visas is extremely high, and the number of visas available each year is limited. This means that the process of obtaining an H-1B visa can be competitive and time-consuming. 
#### Costly and Complex Process: 
The process of obtaining an H-1B visa is also costly and complex. Entrepreneurs must navigate a maze of regulations and requirements and may need to work with immigration lawyers and other professionals to ensure their applications are complete and accurate. 
#### Uncertainty:
 The H-1B visa is a non-immigrant visa, which means it's only valid for a specific period of time. This can create uncertainty for entrepreneurs who want to establish their businesses in the US, as they may need to renew their visas or find other options in order to remain in the country. 
#### Limited Time for Business Development: 
The H-1B visa is subject to strict time limits, which can limit the amount of time entrepreneurs have to develop their businesses. In some cases, entrepreneurs may need to return to their home countries after their visas expire, disrupting their businesses and creating additional costs. 

In conclusion, the H-1B visa is a valuable option for entrepreneurs looking to start a business in the US. However, it's important to carefully weigh the pros and cons before making a decision. Entrepreneurs should consider the high demand for H-1B visas, the cost and complexity of the process, the uncertainty of the visa status, and the limited time available for business development. With the right planning and support, the H-1B visa can provide entrepreneurs with the opportunity to access the US market, attract top talent, and potentially pave the way for permanent residency. 

## Expert Assistance from Grape Law Firm
 
At Grape Law Firm, our immigration attorneys understand the importance of securing an H-1B visa for entrepreneurs who own their own companies. Our team of experienced lawyers will guide you through the complex process of demonstrating an employer-employee relationship and help you prepare a strong H-1B visa application. From collecting and organizing the necessary documentation to representing you in front of immigration officials, we will be there for you every step of the way. Our goal is to help you achieve your dream of working and doing business in the United States. [Contact Grape Law Firm](https://www.grapelaw.com/contact) today to [schedule a consultation](https://calendly.com/grapelaw) and let us help you navigate the H-1B visa process. 

The H-1B visa is a popular option for entrepreneurs looking to start a business in the United States. However, the process of obtaining an H-1B visa can be complex and time-consuming. In this article, we'll provide a step-by-step guide on how to apply for an H-1B visa as an entrepreneur. In addition, we'll explore the pros, cons, and everything in between for entrepreneurs as the H-1B visa has become a popular option for entrepreneurs looking to start a business in the United States.

medium_h1b-visa-for-entrepreneurs.webp

small_h1b-visa-for-entrepreneurs.webp

thumbnail_h1b-visa-for-entrepreneurs.webp

h1b-visa-for-entrepreneurs.webp

How to Apply for an H-1B Visa as an Entrepreneur 

The H-1B visa is a non-immigrant visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations. These are occupations that typically require a bachelor's degree or higher in a specific field, such as engineers, scientists, and information technology professionals. The H-1B program is designed to fill skill gaps in the U.S. workforce.  

<span style="color: #FF504B;">In this blog post, we will provide answers to some of the most frequently asked questions about the H-1B visa program. We will also discuss the advantages of the H-1B Visa for a foreign worker in the U.S.</span> 

## H-1B Visa: Commonly Asked Questions
 
The specialty occupations typically require theoretical and practical application of a body of highly specialized knowledge, and the attainment of a bachelor's or higher degree in the specific specialty, or its equivalent, as a minimum for entry into the occupation in the United States. The H-1B program is widely used by technology companies, engineering firms, and universities to employ workers in a wide range of fields such as computer science, finance, and healthcare. This FAQ will provide information on the H-1B visa program, including eligibility requirements, the application process, and common issues that arise during the H-1B process. 

### What is an H-1B visa?

An H-1B visa is a non-immigrant visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations. Specialty occupations typically require a 	bachelor's degree or higher in a specific field. 

### Who is eligible for an H-1B visa? 

To be eligible for an H-1B visa, the foreign worker must have a job offer from a U.S. 	employer in a specialty occupation and hold at least a bachelor's degree or equivalent in the relevant field. 

### How long is an H-1B visa valid?

An H-1B visa is initially valid for up to three years and can be extended for up to an additional three years for a total of six years. 

### How does an employer apply for an H-1B visa for a foreign worker?

The employer must first file a Labor Condition Application (LCA) with the Department of Labor, which certifies that the employer will pay the foreign worker the same wage as a U.S. worker in the same occupation and that the employment will not adversely affect the wages and working conditions of U.S. workers. Once the LCA is approved, the employer can then file a petition for the H-1B visa with the U.S. Citizenship and 			Immigration Services (USCIS). 

### How many H-1B visas are available each year? 

There is an annual cap of 65,000 H-1B visas available each fiscal year, with an additional 	 20,000 available for foreign workers with advanced degrees from U.S. universities. 

<div style="background: #0C7D93; padding: 5px; color : white; font-size:large; ">Can an H-1B visa holder apply for permanent residency? 
Yes, since H-1B is a dual intent visa, an H-1B visa holder can apply for permanent residency (also known as a green card) through their employer.</div>

### Can an H-1B visa holder change employers?

Yes, an H-1B visa holder can change employers as long as the new employer files a new petition for the H-1B visa holder. 

### Can an H-1B visa holder bring their family with them to the U.S.?

Yes, an H-1B visa holder can bring their spouse and children under age 21 with them to the U.S. on H-4 dependent visas. 

### What happens if the H-1B visa holder's employment ends?

If the H-1B visa holder's employment ends, they have a 60-day grace period to either find a new employer and file for a new H-1B visa or leave the U.S. 

### What are some common reasons for H-1B visa denial?

Some common reasons for H-1B visa denial include failing to meet H-1B specialty occupation requirements, lack of qualifications for the specialty occupation, and lack of valid job offers. 

## H-1B Visa: What are the Advantages?
 
There are several advantages of the H-1B visa for foreign workers: 

### Work Authorization
The H-1B visa allows foreign workers to legally work in the United States for a specific employer and for a specific period of time. 

### Dual Intent 
The H-1B visa allows foreign workers to have "dual intent," meaning they can apply for a green card while maintaining their H-1B status. 

### Travel 
H-1B visa holders can travel in and out of the United States while their visa is valid, which allows them to maintain ties to their home country and return to the U.S. to continue working. 

### Family
H-1B visa holders can bring their spouse and children (under 21 years of age) to the U.S. on dependent H-4 visas, allowing them to live and study in the U.S. while the primary visa holder works. 

### Extension
The H-1B visa can be extended up to 6 years, providing opportunities for long-term work in the United States. 

### High Demand
There is high demand for H-1B visas due to the shortage of skilled workers in certain fields, such as technology and engineering, which increases the chances of the visa being approved. 

### Path to Permanent Residency

The H-1B visa can serve as a stepping stone to a green card, which grants permanent residency in the United States. 

It's important to note that obtaining an H-1B visa can be a competitive and lengthy process, and it's recommended to seek the help of an immigration attorney to increase the chances of approval. 

## Navigating the H-1B Visa Process with Confidence: How Grape Law Can Help


The H-1B visa program offers many benefits to U.S. employers and foreign workers alike. It allows U.S. companies to access a pool of highly skilled professionals, while also providing an opportunity for foreign workers to come to the United States and work in their field of expertise. However, the process of obtaining an H-1B visa can be complex and time-consuming, and it is essential to have a full understanding of the eligibility requirements, application process, and common issues that may arise. 

If you or your company is in need of assistance with the H-1B visa process, Grape Law Firm is here to help. Our experienced attorneys have a deep understanding of the H-1B visa program and can guide you through the process from start to finish. [Contact us](https://www.grapelaw.com/contact) today to learn more about how we can help you navigate the H-1B visa process and achieve your immigration goals. 
 
 
 
 

The H-1B visa is a non-immigrant visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations. These are occupations that typically require a bachelor's degree or higher in a specific field, such as engineers, scientists, and information technology professionals. The H-1B program is designed to fill skill gaps in the U.S. workforce.  

medium_h1b-faq-and-advantages.webp

small_h1b-faq-and-advantages.webp

thumbnail_h1b-faq-and-advantages.webp

h1b-faq-and-advantages.webp

H-1B Visa FAQ: Everything You Need to Know

We offer investors, innovators, and employees streamlined U.S. immigration and enable start-ups, small & mid-sized businesses, and companies to expand to the U.S.

thumbnail_favicon.png

favicon.png

small_grape-law-logo.webp

thumbnail_grape-law-logo.webp

grape-law-logo.webp

icon-facebook.svg

icon-instagram.svg

icon-linkedin.svg

Deneyimli avukat ekibimizin rehberliği hukuki ihtiyaçlarınız boyunca hizmetinizde. HAKKIMIZDA ÇALIŞMA ALANLARI Göçmenlik Hukuku Firmamızla; ticari göç, istihdam göçü, aile ve öğrenci göçü vb. birçok göçmenlik hukuku alanlarındaki uzmanlığımızı kullanarak farklı göçmenlik motivasyonlarına sahip müvekkillere hizmet etmeyi hedefliyoruz. Detaylar Ticaret Hukuku Sürekli değişmekte olan ticaret şartları ve yönetimi uzmanlığımızı, nihai sonuca ulaşmayı hedefleyen titiz müvekkil hizmetimizle

icon-twitter.svg

grape-law-logo-white.svg

icon-youtube.svg

E-2 Visa, otherwise known as the investor visa, allows individuals to live and work in the USA through their investments in a US business. There are several requirements to meet to apply for and obtain an E-2 visa. In this piece, you will find what those requirements are and how you can apply for an E-2 visa. However, we will specifically focus on the question of the minimum amount of investment for an E-2 visa.  
 
In order to be eligible, the applicant must have citizenship from one of the treaty countries. If the applicant is part of a corporate entity, at least half of the business must be owned by individuals of the treaty country's nationality. The application is expected to have a substantial amount of investment. However, the substantial amount in question has not been defined by the law.  

## "The Substantial Amount" for E-2 Visa

The minimum amount you need to apply for the E-2 Visa depends on the type of business you are planning to run. Even the state you are planning to locate your business is essential to calculate the minimum amount of investment you need. For example, a lawyer working from home in Nashville would have a completely different start-up cost and capital requirement than an entrepreneur who wants to open a Turkish restaurant in New Jersey. If there is an established business plan similar to your trajectory, you could utilize it to apply your start-up. It would ease your work to evaluate the amount of capital you need for your investment initially.  
 
## How to Decide on Minumum Amount of Investment

E-2 Investor Visa is intended to create jobs for US workers. The applicant must develop and run a business. In order to do this, your substantial amount of investment must be enough to conduct a successful business. As we explained, although the specific amount of this capital is not cleared, the applicant has to be carefully crafted her/his investment based on the business plan she/he has. The applicant should be able to cover the salary of employees, rent of the workplace, payment of the necessary equipment, the livelihood of dependants, etc. While applying for the visa, the investor should consider all these expenditures to obtain the right amount of capital for his/her investment. 
 
For more of your questions, you can visit our previous piece on the [E-2 Visa application process](https://www.grapelaw.com/practice-areas/immigration-law/investor-and-start-up-visas/e-2-visa/).

E-2 Visa, otherwise known as the investor visa, allows individuals to live and work in the USA through their investments in a US business. There are several requirements to meet to apply for and obtain an E-2 visa. 

Grape Library

Categories

What is the Minimum Amount for E-2 Investor Visa? | Grape Law

More Articles

Take Yourself and Business to the US Here