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.

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

The 90-Day Rule What You Need to Know

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.

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. 

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. 

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.

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.

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.  

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! 


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.

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.  

h1b-faq-and-advantages.webp

H-1B Visa FAQ: Everything You Need to Know

## H-1B Visa: How Do I Find a Sponsor Company?
 
Finding a sponsor to apply for an H-1B visa can be confusing and complicated. However, with the correct information and helpful tips, you can successfully navigate the sponsorship process and quickly secure your visa. 

This article will provide you with step-by-step guidance and tips for success. So, you can get the opportunity of your dreams without stress or worry.   

### Identify Your Profession
   
First, start by identifying the occupation for which you want to apply for an H-1B visa. Then, post your qualifications online on a job platform like USAJOBS or Monster. You can include all relevant information, such as work experience and education, to emphasize why you are the perfect candidate for the position. Use keywords relevant to the job position and target employers who have shown interest in your profession.   

As a next step, research employers willing to hire foreign labor for your occupation. The US Department of Labor's Office of Foreign Labor Certification lists companies that sponsor H-1B visas on its website. You can contact these companies directly or search your social media networks for people with experience at a particular firm. 
Also, read the job postings of consulting firms and staffing agencies. These organizations are authorized to hire H-1B visa workers on behalf of employers.   

### Utilize Professional Networks and Referrals
   
Spread the word that you are looking for H-1B sponsorship opportunities and leverage your professional networks. Networking with people in similar fields can be highly beneficial if they know of any recruitment opportunities or know someone who is. Also, referrals give you a more personal introduction to a potential employer and can provide you with an advantage over other candidates. Finally, reach out to mentors and colleagues in your industry who can connect you with the right people and thank them for their help.  

### Join Online Communities Related to Your Field of Study/Experience
   
Participating in online communities related to your field of study and work experiences is a great way to connect with potential employers and find H-1B sponsors. Utilizing industry-specific websites such as Quora, Reddit, and LinkedIn is essential for finding people to help you with the sponsorship process. In addition, by joining communities related to your chosen field, you can learn about job postings, virtual events, and internships that can lead you to H-1B sponsorship opportunities. Take advantage of these resources and be as active as possible by participating in discussions with other professionals.   

### Research Who Can Sponsor You
   
Several tools facilitate your sponsor research for the H-1B visa. The most important and widespread is the "[H-1B Visa Sponsors Database](https://h1bdata.info/)."  From this site, you can narrow your search by region and access the sponsoring companies in the states where you want to live in the USA. In addition, alternative websites that will make your research easier are as follows:   

- [H1BGrader.com](https://h1bgrader.com/?utm_source=redbus2us&utm_medium=blog&utm_campaign=blog_rbus&utm_content=pages)   
- [H1B Visa Salary Database](https://h1bdata.info/)   
- [MyVisaJobs](https://www.myvisajobs.com/H1B-Visa/SearchLCA.aspx)   
- [Visadoor](http://visadoor.com/h1bvisa-database)   

Use these sites to make lists of companies you think might be a good fit for you. Then talk to employers and recruiters, consult online job boards and trade associations, and research all companies that offer sponsored visas. Doing your research will help you find the right sponsor for your needs and ensure that the process goes as smoothly as possible.   

For example, as a software engineer, you can go to one of these sites to search for companies that can sponsor you in the US. You can start searching by typing "[Software Engineer](https://h1bgrader.com/job-titles/software-engineer-ew2xrn7q23)" in the "Job Titles" search box section. The database will give you the approval and rejection rates for software engineer applications, the number of H-1B visas granted by year, and a list of companies you can apply to.   

 ![](/uploads/h1b_approval_data_f6b73a3d81.png) 
*The data is from the website h1bgrader.com.

Again, for example, you want to move to the US as an Operations Manager and apply for an H-1B visa. When you use the database to search for companies that can sponsor you, you can find data similarly. For example, when you access [H1BGrader.com](https://h1bgrader.com/?utm_source=redbus2us&utm_medium=blog&utm_campaign=blog_rbus&utm_content=pages), you can see six companies listed for your profession. You can narrow the search as much as you want and see your options by searching for companies and cities instead of occupations.   

Also, read reviews online about potential sponsors and evaluate the feedback they have received from previous applicants. This is a great way to understand how the company works with H-1B visa holders and what kind of value you can expect as an employee. Respond to any criticisms previous employees may have mentioned, such as lack of benefits or competitive salary packages. The more research you do, the better your chances of finding a good employer who will provide you with quality service and support throughout the process.   

### Find Companies Hiring Foreign Employees
   
The most important way to find H-1B visa sponsorship is to find companies looking for foreign employees. You can check job sites such as Indeed, Career Builder, and Glassdoor to search for sponsored positions. Research each company and familiarize yourself with its eligibility requirements.   

Some companies provide consulting services to help employers find foreign workers and arrange sponsorship if necessary. These professionals can help you assess your eligibility faster. In addition, they can provide you with resources to strengthen your application and guide you through the visa process.   

Finally, researching different sponsorship job boards can increase your chances. Exploring additional opportunities can help you find employers willing to support bringing foreign nationals to the US. Remember to be persistent and reach out to as many companies as possible.   

### Understand the Application Process and Requirements
   
Before applying for any position that requires an H-1B visa, you should familiarize yourself with the process and requirements. To better understand these, you can reach out to an experienced immigration lawyer. An immigration lawyer can advise and guide you through the process, ensuring that everything is done right.   

## US Companies That Sponsor H-1B Visas for Immigrants
  
The H-1B visa is a highly sought-after visa that allows foreign workers to work temporarily in the United States in a specialty occupation. These specialty occupations include fields such as technology, engineering, and mathematics. Many top companies in the US sponsor H-1B visas for foreign workers to attract and retain the best talent from around the world.  

Here are some of the top US companies that sponsor H-1B visas:  

- **Microsoft**:  Microsoft is one of the US's largest employers of H-1B visa holders. The company has sponsored thousands of H-1B visas over the years, making it one of the top companies in the US for foreign workers.  
- **Google**: Another tech giant frequently sponsors H-1B visas for foreign workers. The company has a strong focus on hiring the best talent from around the world, and the H-1B visa is an essential tool for them to do so.  
- **Amazon**: Amazon is one of the world's largest online retailers and a significant employer of H-1B visa holders. The company's strong focus on technology and engineering makes it a popular destination for foreign workers in these fields.  
- **Intel**: Intel is a leading technology company that designs and manufactures computer processors and other technology products. The company is a significant employer of H-1B visa holders in the US, particularly in the engineering and technology fields.  
- **IBM**: IBM is a technology company that has been around for over a century. The company is a significant employer of H-1B visa holders in the US, particularly in technology and engineering.  
- **Deloitte**: Deloitte is one of the largest professional services firms in the world. The company's strong focus on technology and consulting make it a popular destination for foreign workers in these fields.  
- **Accenture**: Accenture is a professional services firm that provides consulting, technology, and outsourcing services. The company is a major employer of H-1B visa holders in the US, particularly in technology and consulting.  
- **Tata Consultancy Services**: Tata Consultancy Services is an Indian multinational information technology service and consulting company. The company is a major employer of H-1B visa holders in the US.  
- **Infosys**: It is an Indian multinational corporation that provides business consulting, information technology, and engineering services. The company is a major employer of H-1B visa holders in the US.  
- **Wipro**: Wipro is an Indian multinational corporation that provides information technology, consulting, and business process services. The company is a major employer of H-1B visa holders in the US.  

These are just a few of the many top US companies that sponsor H-1B visas for foreign workers. The H-1B visa is an essential tool for these companies to attract and retain the best talent from around the world, and we will likely continue to see these companies and others sponsor H-1B visas in the future.  

The applicants should note that the H-1B visa process is highly competitive, and the number of visas available is limited. It is also subject to change based on the current administration's policies. Therefore, it's always advisable to consult an immigration lawyer or attorney for guidance.  

## Consult with Grape Law for Expert Guidance on H-1B Visa Application
   
Once you have found a sponsor for your H-1B visa, we encourage you to contact us for consultation. Our experienced immigration lawyers can guide you through the application process and ensure that all necessary documents are completed before submitting your application. This will increase your chances of a successful outcome and save you time in the long run. So, contact Grape Law today to[ schedule a consultation](https://www.grapelaw.com/contact) and take the first step towards obtaining your H-1B visa.  
  
 
 

Finding a sponsor to apply for an H-1B visa can be confusing and complicated. However, with the correct information and helpful tips, you can successfully navigate the sponsorship process and quickly secure your visa. 

how-to-find-h1b-sponsor.webp

Comprehensive Guide to Find an H-1B Sponsor  

Coming to the U.S. requires different documents depending on your purpose of visit. If you are looking for a temporary stay, you should explore non-immigrant visas to see which one is better for your visit. However, if you plan on building a life in the U.S. permanently, you are required to apply for immigrant visas (Green Card or permanent residency card).  

Immigrant visas and nonimmigrant visas are two different types of visas issued by the U.S. government that allow individuals to enter the country. An immigrant visa is issued to an individual who intends to live permanently in the U.S. and apply for a green card. An individual with an immigrant visa can apply for permanent residency after entering the U.S. 

On the other hand, a nonimmigrant visa is issued to an individual who intends to visit the U.S. temporarily for a specific purpose such as tourism, business, education, or work, and does not intend to stay permanently. Nonimmigrant visa holders are allowed to stay in the U.S. for a specific period of time and must leave the country before their visa expires. 

If you are not a citizen of the United States, you may be wondering about the differences between a green card and a visa. Both allow you to live and work in the United States, but there are some key differences to be aware of. A green card grants an individual the legal right to live and work in the United States permanently. It is the first step towards becoming a U.S. citizen. But immigrant visas are issued by U.S. consular officials at embassies or consulates outside of the United States. Immigrant Visas allow an individual to enter the U.S. for the purpose of becoming a permanent resident.  

The main difference between a green card and an immigrant visa is that a green card is issued to individuals who are already inside the U.S., whereas an immigrant visa is issued to individuals who are outside the U.S. and wish to enter the country for the purpose of becoming permanent residents. In both cases, the individual must go through a process of applying and being approved before they can receive the card or visa.  

In this blog, we will explain U.S. visas and Green Cards. We will point out their differences to inform you best before you set out on your journey to the United States of America! 

## Understanding the Differences between a Visa and a Green Card
 
A visa is an official document that allows a foreign national to enter the United States for a specific purpose, such as tourism, study, or work. There are several types of visas available, including tourist visas, student visas, and work visas. Each type of visa has its own set of requirements, and the process for obtaining one can vary depending on the type of visa and the individual's situation. 

A green card, on the other hand, is a document that grants a foreign national permanent legal residence in the United States. With a green card, an individual is able to live and work in the United States indefinitely and can also apply for U.S. citizenship after a certain period of time. Obtaining a green card is a more complex process than obtaining a visa, and typically requires sponsorship from an employer or a family member who is a U.S. citizen or green card holder. 

The visitors are asked to have their visa while they are entering the U.S. In order to have it, the applicants must apply for a U.S. visa in their country of origin. Therefore, you should apply through your home country's [U.S. consulates or embassies.](https://www.usembassy.gov/)   

<div style="background: #0C7D93; padding: 5px; color : white; font-size:large; "> It's important to note that a green card holder is considered a lawful permanent resident of the United States, while a visa holder is considered a non-immigrant, who is authorized to be in the United States for a specific purpose and period of time.</div>  

## The Types of Visas: Immigrant and Non-Immigrant 
 
The eligibility criteria for the visas are varied. So, the applicant should understand whether they fulfill the requirements and, if so, what documents they are asked to submit during the application process. Once the applicant obtains their visa and arrives in the U.S., they should be cautious about meeting the requirements of their period of residence. If they fail to leave the country once their visa expires, they might have difficulty receiving another visa approval. The extension of the visa could be possible depending on the category of the visa the visitor has. Lastly, it is not possible to proceed with the process of citizenship with the visa. 
U.S. visas are divided into two categories: nonimmigrant and immigrant visas. 

### Nonimmigrant Visas
  
[Nonimmigrant visas](https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/all-visa-categories.html) are issued to applicants who come to the U.S. temporarily. They need to assure the U.S. government that they will not seek permanent residency while in the United States. This visa category includes tourism, study, and particular employment, such as B-1 and B-2 Visitor Visas, E-1 Visa, E-2 Visa, F-1 Visa, L-1 Visa, O-1 Visa, and H-1B Visa, etc.   

Moreover, some visas are issued for applicants who have dual intent. It means that an individual could enter the U.S. and consider applying for permanent immigration at some time in the future, for example, H-1B Temporary Workers in a Specialty Occupation Visa and O-1 Individual with Extraordinary Ability or Achievement. 

### Immigrant Visas

Immigrant visas are divided into two main categories: family-based and employment-based. Family-based visas are for individuals who have a close family member who is a U.S. citizen or green card holder and wish to join them in the United States. Employment-based visas are for individuals who have a job offer from a U.S. employer and wish to work in the United States. Both of these categories have different requirements, and the process for obtaining one can vary depending on the type of visa and the individual's situation.  

It's important to understand the difference between immigrant and non-immigrant visas and how they relate to a green card. A green card grants an individual permanent legal residence in the United States, while a non-immigrant visa is temporary and allows an individual to enter the United States for a specific purpose. On the other hand, an immigrant visa is for individuals who wish to permanently immigrate to the United States and obtain a green card. 

Read more about specific visa types and their requirement on [our website](https://www.grapelaw.com/practice-areas/immigration-law). 

## Green Cards – The Road to Permanent Residency
 
Green Cards are physical cards that allow their holders to live and work in the United States permanently. Green Cards allow people to pursue U.S. citizenship after a certain period of stay. In another word, Green Cards are immigrant visas without any legal stay limits. U.S. Visas and Green Cards can be applied for while the applicant is in the United State. However, they are issued after you arrive in America; this is, of course, if you apply for a green card outside of the U.S.  

While applying to U.S. Visas, the applicant is not asked for sponsors such as through family or employment. However, to apply for Green Cards, the applicant must have a sponsor. The process of applying for a Green Card is far more complicated than a U.S. Visa application as they are asked to submit more documents. 

If the applicant is in the U.S. with an immigrant visa, they can obtain their green card via an [adjustment of status](https://www.uscis.gov/green-card/green-card-processes-and-procedures/adjustment-of-status) application. This means that the applicant does not have to return to their home country to complete the visa application process.  

If the applicant is not in the U.S., they can apply and be issued their green card through [consular processing](https://www.uscis.gov/green-card/green-card-processes-and-procedures/consular-processing). There are various green cards available listed under the green card category. Some of them are listed below:  

- [Green Card through Family  ](https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-family-preference-immigrants)
- [Green Cards through Employment](https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-employment-based-immigrants)  
- [Green Card through Diversity Visa Lottery ](https://www.uscis.gov/green-card/green-card-eligibility/green-card-through-the-diversity-immigrant-visa-program) 
- Green Card through Humanitarian Prospects (refugees, victims of human trafficking, asylum seekers, etc.)  

To learn more about Green Cards, read our blog titled [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) on our website. 

## In Conclusion 

The main differences between a green card and a visa are: 

- A green card allows you to live and work in the United States indefinitely, while a visa allows you to enter the United States for a specific purpose and a limited time. 
- Green card holders are considered permanent residents and are eligible for many of the same benefits as U.S. citizens, while visa holders are not. 
- Obtaining a green card is a more complicated process than obtaining a visa. 
 
## Contact Us to Plan Your Journey to the USA 

A visa and a green card serve different purposes and have different requirements. A visa is a temporary document that allows an individual to enter the United States for a specific purpose, while a green card grants permanent legal residence in the United States. If you are considering immigrating to the United States, it is important to understand the differences between a visa and a green card and to consult with an experienced immigration attorney to help guide you through the process. 

At Grape Law, we provide exceptional legal service to our clients who are seeking to obtain their U.S. visas or Green Cards. Our unique team of immigration attorneys will guide, give consultations, and manage your U.S. immigration aspirations. For any inquiries relating to application preparation, process, and visa and green card issuance, please do not hesitate to contact us at [info@grapelaw.com](mailto:info@grapelaw.com) or schedule a face-to-face meeting via [our calendar](https://calendly.com/grapelaw) to get an all-around consultancy!   
   
 
  
 
 
 

Coming to the U.S. requires different documents depending on your purpose of visit. If you are looking for a temporary stay, you should explore non-immigrant visas to see which one is better for your visit. However, if you plan on building a life in the U.S. permanently, you are required to apply for immigrant visas (Green Card or permanent residency card).  

green_card_vs_visa.webp

Green Card and Visa- How are They Different? | Grape Law

Starting a business in the United States can be a great opportunity for non-U.S. citizens. However, choosing the right State to establish your business might be challenging. States have various business climates and resources, and it's important to consider these factors when making your decision. As the United States of America is a federation, the rules, regulations, and socio-economic and demographic factors for new businesses vary by state. Changing variables such as taxation, working-age population, government funds, and many more affect the establishment and development of companies. Therefore, certain States draw more capital and investment than others.   

By evaluating different content from sources such as [seeking capital](https://www.seekcapital.com/blog/best-states-to-start-business/#mcetoc_1dp63oahu0) and tax foundation and considering various economic, social, political, and demographic factors that play into the success and sustainability of business operations we have selected the ten best states to start your business in the United States: 

- Utah 
- Texas 
- Georgia 
- Colorado 
- North Carolina 
- Florida 
- Oklahoma 
- California 
- Montana 
- Wyoming 

The USA is renowned for its business-friendly environment, where thousands of start-ups are initiated each year. This is because the U.S. has long been a center of investment and innovation in various technology and media sectors. It continues to attract business individuals and their projects by creating convenient immigration opportunities and viable financial incentives. Furthermore, through the continuous flow of investment and bright ideas, the States can race past the world's leading economies. The U.S. provides its citizens and nonimmigrant residents with various employment opportunities. The best state for your company depends on your specific industry, business model, and location preferences. 
 
Read [Starting Your Business in the USA](https://www.grapelaw.com/library/content/starting-your-business-in-the-us) on our blog. 

<div style="background: #0C7D93; padding: 5px; color : white; font-size:large; "> In that regard, let’s explore how certain states spearhead this business diversity and sustain the leading position of the U.S. in business productivity! </div>  

*Please be reminded that the states below are in no particular order. 

## Which State Should You Start Your Business in?
 
### **Utah** 

Utah is one of the prominent states that rank high on several factors for the success of start-up businesses. The steady increase in the working-age population, easy access to venture capital, and angel investors make Utah a “go-to place” for corporate foundations. Recently, companies in Utah have achieved a total of $1.16 billion and $11.5 million per entity in funding. This is in line with the growth rate of start-up companies in Utah which shows overall business success and creates abundant employment opportunities.   

Utah has low taxes and a pro-business regulatory climate, and a highly educated and skilled workforce. These factors enable businesses to operate without the burdensome cost of taxation.   

Utah has a relatively small immigrant population, with a significant presence of Hispanic immigrants.   

### **Texas** 

Texas is amongst the most popular states for entrepreneurs to start their businesses. This is because Texas doesn’t levy corporate or individual income tax, making the foundation of various company types easy and cost-effective. Besides, Texas rates high on venture capital investment with approximately $3 billion and has a dramatic 8 percent increase in the working-age population. These factors, with the low cost of living and affordable property prices, make the Lone State a great place to start your business. 

Texas has a large and diverse immigrant population, with a significant presence of Hispanic and Asian immigrants. Its diverse population can provide a strong customer base. 

### **Georgia** 

Georgia is leading the recent ascent of Southern states as a beautiful place to start a business. Though Georgia has corporate and individual income taxes, their rates are low. Furthermore, these taxes are compensated by factors such as the high venture capital investment ($10.2 million per company), being rated well above the average in population percentage that started a new business (with 0.42 percent), and entrepreneurs' share that started their businesses out of opportunity instead of necessity.  

### **Colorado** 

Although Colorado doesn’t rate high on the venture capital invested in new businesses, it makes up for the lack of money with the early survival rate of its companies (81.12 percent). Besides, Colorado ranks excellent on the number of jobs created in the first year of start-up businesses with 6.45 and has a promising working-age population increase of 7.2 percent. Furthermore, Colorado has one of the lowest corporate and individual income taxes throughout the United States, with 4.55 percent for each! 

The state also has a growing tech sector and a highly educated workforce. Colorado has a relatively small immigrant population compared to other states, but it is diverse and includes significant numbers of Asian, Hispanic, and European immigrants. 

### **North Carolina** 

As one of the shining stars rising from the South, North Carolina’s venture capital invested in start-up businesses is one of the nation’s best, with $15.1 million per company. Easy access to capital and a solid 4 percent increase in the workforce enables Colorado businesses to have a survival rate of 81.2 and attract investors from both inside and outside the United States. This is strengthened by the fact that North Carolina has the third-lowest corporate income tax in America with only 2.50 percent and one of the lowest individual income taxes with 4.99 percent! 

### **Florida** 

The admiral ship of Southern states, Florida, is renowned for its one of the lowest actual labor compensation costs per hour and “no individual income tax” policy. Though Florida levies corporate income tax (5.5 percent), its rate is comparatively low and the State has the highest population percentage of new entrepreneurs, with 0.46 percent. The prevalence of unique business formations also makes Florida one of the leading states, with start-up companies creating 6.41 employment opportunities annually on average.   

The State has a large and diverse population and a relatively mild climate that can be attractive to businesses. However, it should be noted that the state has a high risk of natural disasters, which can pose a risk to businesses. Florida has a large and diverse immigrant population, with significant numbers of Hispanic, Asian, and European immigrants. 

### **Oklahoma** 

Even though the working-age population increase in Oklahoma is only 0.7 percent, its venture capital invested in new businesses is quite impressive, with $4.39 million per company. Moreover, Oklahoma is prone to entrepreneurship, with 0.39 percent of its population, which is higher than the national average, starting a new business. Cost-efficiency of doing business in Oklahoma also makes it the third-best state in the rating of early business survival rate (81.51 percent). Lastly, Oklahoma has modest corporate and individual income tax rates, which are 4 and 4.75 percent, respectively.  

### **New York** 

New York is a great state for businesses, with a strong economy and a diverse population that can provide a strong customer base. It is home to many world-renowned businesses and financial institutions and has a highly educated and skilled workforce. New York has a large and diverse immigrant population, with significant numbers of Hispanic, Asian, and European immigrants.  

However, the cost of living in New York is generally higher than in other parts of the country, and the State has relatively high taxes and regulations. 

### **California** 

The start-up heaven for Americans as well as immigrants, California is by far the leading state when it comes to venture capital investment amount. Thousands of new businesses are initiated yearly, yet California provides a fantastic $27 million per company in funding. It also has a highly educated and skilled workforce, and a relatively mild climate. 

Easy access to capital makes California an attractive hub for entrepreneurs whose population share is 0.45 percent. This rate is second-best in the country and designates the Golden State as a unique destination for start-up employment opportunities, with an average of 6.47 new jobs created annually.  

However, like New York, the cost of living in California is generally higher than in other parts of the country, and the state has relatively high taxes and regulations. California has the largest immigrant population of any state, with significant numbers of Hispanic, Asian, and European immigrants. 

### **Montana**

What makes Montana great for new business formation is its favorable tax rates. Montana has a comparatively low corporate and individual income tax rate (6.75 each) and no state income tax! Montana's other critically important opportunity is its inexpensive yet qualified workforce. “Montana has the second-lowest cost of real labor compensation at 31.56 per hour on average” 1 and above the average rate of population percentage that started a new business with 0.40 percent. 

### **Wyoming** 

When it comes to being tax-wise business-friendly, no other state beats Wyoming as it levies neither corporate nor individual income tax at all! This makes the entrepreneur share rate of Wyoming's population one of the highest in America (0.45 percent). Though the working-age population of Wyoming is declining, it achieves a solid amount of venture capital investment per company. It has one of the highest early business survival rates, with 81.66 percent.   

### **Virginia**  

Virginia is a great state for businesses, with a strong economy and a business-friendly environment. It has a well-educated and skilled workforce and is home to a number of government agencies and contractors that can provide opportunities for businesses.  
Virginia has a large and diverse immigrant population, with significant numbers of Asian, Hispanic, and European immigrants. 

### **Nebraska**  

Nebraska is a good state for non-U.S. citizens to start a business, with a strong economy and a business-friendly environment. It has low taxes and a pro-business regulatory climate, and a highly educated and skilled workforce. Its central location makes it easily accessible to other parts of the country.  

Nebraska has a small immigrant population, with a significant presence of Hispanic immigrants. 

## Too Many Options to Choose! 

It's worth noting that the presence of a large and diverse immigrant population can be beneficial for businesses, as it may provide access to a wide range of cultural activities and be a significant customer base. However, it's crucial to be mindful of the local laws and regulations regarding immigration and employment and to ensure that your business is in compliance with these laws.  

<div style="background: #0C7D93; padding: 5px; color : white; font-size:large; ">As we explained, starting a new business in the U.S. is a multifaceted journey with many factors contributing to the entrepreneurs' final decisions. Although the United States of America is a business-friendly country and supports local and foreign investments to improve its economy and create new employment opportunities, it is still a federal state with 50 different governments, making the business-formation processes much more challenging.</div>  

## We are here to help you!
 
As with every new endeavor, starting a business in the U.S. is a challenging and difficult experience, it is best to consult an expert team of U.S. business law professionals to assist you throughout this long and bumpy road. As Grape Law, we are here to help you. Please don't hesitate to send your emails to [info@grapelaw.com](https://www.grapelaw.com/contact) or schedule a meeting with us through our [Calendly](https://calendly.com/grapelaw) calendar!

Starting a business in the United States can be a great opportunity for non-U.S. citizens. However, choosing the right State to establish your business might be challenging. States have various business climates and resources, and it's important to consider these factors when making your decision. As the United States of America is a federation, the rules, regulations, and socio-economic and demographic factors for new businesses vary by state. Changing variables such as taxation, working-age population, government funds, and many more affect the establishment and development of companies. Therefore, certain States draw more capital and investment than others.   

The Best States to Start Your Business in the U.S.

best-usstates-to-start-business.webp

Many dreams of starting a new life in the U.S. Getting a visa and immigrant status might be a long process to realize this dream, depending on your conditions. However, this is different with H-1B and H-1B1 Visas. These visas are called “Person in Specialty Occupation” and are issued explicitly for people with higher education degrees, such as bachelor's or graduate degrees.   

Although [H-1B Visa](https://www.grapelaw.com/visas/employment-visas/h-1-b-visa) and [H-1B1 Visa](https://www.grapelaw.com/visas/employment-visas/h-1-b1-visa) are both non-immigrant worker visas for persons in specialty occupations, they are different in the sense of who can apply for these visas.   

## What is H-1B Visa  

H-1B visa is a specialty occupation non-immigrant employment visa for professionals seeking specialty jobs in the U.S. H-1B visa requires visa applicants to have a higher education degree or equivalent. This entails bachelor's or higher degrees such as M.A. or Ph.D. If you don't have formal education, you can present your work experience as proof of qualification. For example, three years of work experience equals one year of formal education. H-1B is an employment-sponsored visa. There is a cap for applying for an H-1B Visa. Currently, the cap per fiscal year is 65.000.    

To apply for an H-1B visa, the individual must have a valid job offer from an employer in the U.S. Moreover, the employer should prove that no U.S. citizen is qualified for this job. After that, the individual could fill up their online registration form on the USCIS website. This qualifies them to enter the lottery for H-1B Cap. However, there are some exceptions to the cap:  

- For individuals who obtain a graduate degree from an American institute, there are 20.000 places for applying for H-1B Visa.  
- For individuals whose sponsors are higher education, a charity institution of a higher education institution, or government-supported research organizations, the H-1B cap does not apply.
  
After the lottery period, USCIS would notify the applicant whether they could apply for the visa. The applicant could start their application process by collecting the required documents in this case. The petition from your U.S. employer is a must for your application. Additionally, premium processing is available for H-1B Visa.  

While holding an H-1B Visa, you can change your status from H-1B to Green Card. However, there are some requirements to start this process. In writing, we will give you details about the process and requirements. Finally, the applicants' spouses and children (under the age of 21 and single) can accompany them during their stay in the U.S.  

## What is H-1B1 Visa
   
As H-1B Visa, H-1B1 Visa is also a temporary non-immigrant employment visa for a specialty occupation. However, the U.S.- Singapore Free Trade Agreement and the U.S.-Chile Free Trade Agreement, which took effect on January 1, 2004, created H-1B1 Visa only for the citizens of Singapore and Chile.   

H-1B1 Visa also has a cap. It is less than the H-1B cap. It is important to remember that Singaporeans and Chileans who apply for H-1B1 Visa can also apply for H-1B Visa. -snippet-  
The applicants' spouses and children (under the age of 21 and single) can accompany them during their stay in the U.S.  

Below are the differences between the H-1B Visa and H-1B1 Visa.  

## H-1B vs. H-1B1: Differences to be Aware of
  ![](/uploads/h1b_vs_h1b1_9c221521a8.webp) 
 
<div style="background: #0C7D93; padding: 5px; color : white; font-size:large; "> As noted above, you may be a citizen of any country eligible for an H1-B Visa. However, H-1B1 is only for Chileans and Singaporeans.  </div>    

- Both visas have caps limiting the number of visas issued for a fiscal year. However, their cap numbers vary greatly.
- The current number per fiscal year for H-1B is 65.000. However, if you are a master’s or higher degree graduate of a U.S. institution, there is an extra 20.000 quota for you.  
- The current cap number for H-1B1 is, unfortunately, much lower than H-1B. The cap is 6.800 in total. For Chileans, the limit is 1.400, while for Singaporeans, it is 5.400.  
- The initial validity for an H-1B visa is three years, while the duration for an H-1B1 is only a year. Therefore, you may request a one-time 3-year extension for H-1B. On the other hand, if the beneficiary has been physically absent from the U.S. for more than one (1) year, he/she/they are eligible for another six (6) years in H (or L) status. In other words, the six-year clock "restarts" if the beneficiary has remained outside of the U.S. for twelve (12) consecutive months. However, H-1B1 allows only one-year extensions. Fortunately, these extension requests for H-1B1 are limitless!     
- Unlike H-1B Visa, which is a dual intent visa, while applying for H-1B1, the applicant must demonstrate they do not intend to immigrate to the U.S. permanently. You can apply for permanent residency on H-1B Visa.  
- Form I-129, Petition for Nonimmigrant Worker, must be filed by the USCIS for H-1B applications. However, there is no such requirement for H-1B1 applications. For H-1B1 applications, the individual can apply for the visa directly at U.S. Consulate in their home country.  

## Grape Law is Here to Help You! 
 
The H-1B and H-1B1 Visas are convenient options for educated employees. As this is a specialty occupation visa, you may qualify for and be issued visas comparatively quickly. If you meet the requirements for one of the visas or both, you may [contact us](https://www.grapelaw.com/contact) and schedule an appointment regarding your questions and inquiries. 
We are looking forward to hearing from you! 

Many dreams of starting a new life in the U.S. Getting a visa and immigrant status might be a long process to realize this dream, depending on your conditions. However, this is different with H-1B and H-1B1 Visas. These visas are called “Person in Specialty Occupation” and are issued explicitly for people with higher education degrees, such as bachelor's or graduate degrees.

H-1B-H-1B1-Visa-Difference.webp

Comparing H-1B and H-1B1 - How Are They Different

## What is Naturalization?
  
Naturalization is the process by which green card holders (with exceptions) of the U.S. can become U.S. citizens. Unfortunately, paths to naturalization vary from applicant to applicant and, therefore, can be a long and confusing journey for some. 

<div style="background: #0C7D93; padding: 5px; color : white; font-size:large; ">Here in this writing, we will clarify the application process for a better naturalization experience by guiding you through all the steps you will need to take to become a U.S. citizen! </div>  

## Eligibility for Naturalization
  
There are multiple categories with which the citizen candidate can apply for U.S. citizenship. And eligibility requirements for naturalization vary according to the candidate's category. To reach the categories and look into their specific requirements, please see [Citizenship and Naturalization](https://www.uscis.gov/citizenship/learn-about-citizenship/citizenship-and-naturalization).    
  
However, there are still common requirements that every candidate must meet to be eligible for naturalization:   
  
Listed requirements with a star symbol (*) mean that there are exceptions to them based on military service   
  
- The citizen candidate must be a Green Cardholder*   
- (The time you must spend as a permanent resident in the U.S. varies according to your category)    
- The citizen candidate must complete their category’s wait time after the Green Card is issued*    
- The citizen candidate must be at least 18 years of age.    
- The citizen candidate must not take trips six months or longer outside the U.S. during their designated wait time before the naturalization application.   
- The citizen candidate must have been residing in the state s/he applies for naturalization for at least three months.   
- The citizen candidate must have a good moral character. 
- The citizen candidate must accept to serve in the U.S. when called upon for national duty.   
- The citizen candidate must be willing to protect the Constitution of the U.S.   
  
To reach the categories and look into their specific requirements, please see [Citizenship and Naturalization.   ](https://www.uscis.gov/citizenship/learn-about-citizenship/citizenship-and-naturalization)
  
You may also find this useful online [Naturalization Eligibility Tool](https://www.uscis.gov/citizenship-resource-center/learn-about-citizenship/naturalization-eligibility) prepared by USCIS, automatically articulating your eligibility with criteria questions.   
  
## Application Process
  
There are four significant steps of the application leading to naturalization. They are Application for Naturalization, Biometrics Appointment, Citizenship Interview & Civic Exam, and Oath of Allegiance, respectively.  

### 1. Application for Naturalization

You should start your application by filling out and sending Form N-400. Then, you can send the form online or by mail. In order to send N-400 online, you should create an applicant account with [USCIS](https://my.uscis.gov/apply/v2/naturalization/overview). If you plan to send your application by mail, you must check the [Direct Filing Addresses for Form N-400](https://www.uscis.gov/forms/all-forms/direct-filing-addresses-for-form-n-400-application-for-naturalization) to avoid processing delays.    

While applying for naturalization with Form N-400, you need to pay a filing fee. The current filing fee is $725. Applicants 75 years or older do not pay the biometric fee and pay $640 instead. You may be exempt from the fee if you are a military applicant under INA 328 and 329 (Application and Filing for Service Members).  

### 2. Biometrics Appointment 

The next step is your biometrics appointment, where your fingerprint will be taken. USCIS collects fingerprints for applicant background checks. The time and the place of your appointment will be delivered to you by USCIS either online or via email  

### 3. Citizenship Interview & Civics Exam

The next step is going to the citizenship interview. The interview is divided into two parts. The first part is composed of questions from your N-400 form, reaffirming your naturalization eligibility. And the second part is composed of an English language and civics test. English language test will assess whether your written and spoken English is sufficient for naturalization. With the civics test, you will be asked selected basic questions on U.S. history and government.   

**For the English language requirement, there are some exemptions. If you are**:  

- Age 50 or older at the time of filing for naturalization and have lived as a permanent resident (Green Card holder) in the United States for 20 years (commonly referred to as the “50/20” exception).  
- Age 55 or older at the time of filing for naturalization and have lived as a permanent resident in the United States for 15 years (commonly referred to as the “55/15” exception).   

Even though you are qualified for English language exemption, you must take the civics test.
  
USCIS makes naturalization test questions available. Currently, the 2008 and 2020 versions are open to access online:  

- [2008](https://www.uscis.gov/citizenship/find-study-materials-and-resources/study-for-the-test) (10 out of 100 questions were asked to test-takers that year)  
- [2020](https://www.uscis.gov/citizenship-resource-center/the-2020-version-of-the-civics-test/study-for-the-test-2020-version) (20 out of 128 questions were asked to test-takers that year)  
  
To see the exceptions and accommodations granted for certain individuals on naturalization examinations, please see [examinations and accommodations](https://www.uscis.gov/citizenship/exceptions-and-accommodations).  
  
### 4. Oath of Allegiance 

The last step before naturalization is taking the Oath of Allegiance to the U.S. and the constitution. Then, the time and place will be delivered to your address by mail. After the ceremony, you will be given a Certificate of Naturalization and officially become a U.S. citizen!  

## Wait Time for Naturalization
  
The current wait time for all candidates ranges from 1.5 years to 2 years. You may find a helpful online [Case Processing Times](https://egov.uscis.gov/processing-times/) tool of USCIS to learn more about the details of naturalization processing.  

## Grape Law is the Right Place for You
  
<div style="background: #0C7D93; padding: 5px; color : white; font-size:large; ">Becoming a U.S. citizen is the dream of many immigrants. It is an official acknowledgment of your status as an “American.” It has various benefits, such as voting rights, automatic citizenship for children, the right to run for office, and many more. On the other hand, the path to naturalization can be long and confusing as it entails various steps that need a constant watch and articulate planning. </div>    

As Grape Law firm, we are up to the challenge that comes with the naturalization process for our clients. No matter how long your naturalization will take, we are eager to accompany you with our legal expertise and dedicated client service. [We look forward to hearing from you](https://www.grapelaw.com/contact) with any questions and inquiries concerning naturalization and can’t wait to be a part of your citizenship journey!   

Naturalization is the process by which green card holders (with exceptions) of the U.S. can become U.S. citizens. Unfortunately, paths to naturalization vary from applicant to applicant and, therefore, can be a long and confusing journey for some. 

path-to-naturalization.webp

How to Become a US Citizen? - The Path to Naturalization 

Becoming a U.S. citizen is a dream of many. Every year thousands of citizen candidates seek ways to obtain U.S. citizenship. This is because U.S. citizenship has various advantages that range from voting rights to running for an office. Getting citizenship is also a symbolic milestone as it officially confirms that now you are an “American.” In that regard, here in this writing, we will explain the ways of becoming a U.S. Citizen.  

In general, there are 4 ways to become a U.S. Citizen: 

- Citizenship by Birth 
- Citizenship by Acquisition 
- Citizenship Through Bonds (Derivation) 
- Naturalization 
 
## 1. Citizenship by Birth: Born in the U.S. or its Outlying Possessions

If you are born inside the U.S. or one of its outlying possessions, you are automatically granted U.S. citizenship! The outlying possessions of the U.S. are territories of Puerto Rico, the U.S. Virgin Islands, the Northern Mariana Islands, and Guam. Birthright citizenship is as old as the United States, and it was constituted as a right in the Fourteenth Amendment:  

<span style="color: #FF504B;">“All persons born or naturalized in the U.S., and subject to the jurisdiction thereof, are citizens of the U.S. and the State wherein they reside.”</span>
  
However, there is an exception to this right for children whose parents are foreign diplomats working in the U.S. at the time of the child’s birth. Foreign diplomats are not considered to be under the jurisdiction of the United States and its laws. Although children of foreign diplomats are not eligible to be U.S. citizens by birth, they may seek lawful permanent residence.  

## 2. Birth to Citizen Parent(s) – “Acquisition” 

If you are born outside of the U.S. to a citizen parent or parents, you may “acquire” citizenship through your parent or parents. However, as the name suggests, you are not automatically granted citizenship at birth. Instead, to acquire citizenship through your parent or parents, you need to apply for a citizenship certificate by filing Form N-400, Application for Naturalization.  

<div style="background: #0C7D93; padding: 5px; color : white; font-size:large; ">The requirements for you to be eligible for acquisition differ according to the number of citizen parents you have.</div> 

Please be reminded that the current laws regulating the requirements and procedures of acquisition are valid for children born on or after the 14th of November 1986.  

- If both of your parents were U.S. citizens at the time of your birth,  
- Your parents must have been married at the time of your delivery, and at least one of your parents must have lived in the U.S. before the birth.   
- If only one of your parents was a U.S. citizen at the of your birth,  
- Your parents must have been married at the time of your delivery, and the citizen parent must have lived in the U.S. for at least five years before dawn. Lastly, two years of the five years lived in the U.S. must be after the citizen parent’s 14th birthday.
 
<span style="color: #FF504B;">Whether the birth occurs after marriage or out of wedlock is also an effective factor here.</span> 

**If the birth occurs after marriage;**

USCIS considers a child to be born in wedlock when the legal parents are married to each other at the time of the child's birth and at least one of the legal parents has a genetic relationship with the child. For this reason, if, 

- The child's legal parents are married to each other, and at least one legal parent was that child's genetic parent at the time the child was born. 
- The parent fulfills the residency or physical presence requirements under applicable law and the child fulfills all other applicable requirements under INA 301. 

The children can seek U.S. Citizenship. 

**If the birth occurs out of wedlock;**

### Child of a U.S. Citizen Father
 
The general requirements for naturalization at birth for a child born in wedlock also apply to a child born out of wedlock outside the United States who has sought citizenship through a US citizen father. In particular, the provision remains valid in the following cases. 

- Establishing blood bonds between child and father with clear and convincing evidence. 
- The child's father was a U.S. citizen at the time of the child's birth. 
- The child's father agrees in writing to provide financial support to the child until the child turns 18.
 
The following criteria must be met before the child turns 18:  

- The child is legitimized in accordance with the residence law. 
- The father accepts the paternity of the child in writing and under oath. 
- The paternity of the child is determined by the decision of a competent court. 
- In addition, the residence or physical presence requirements in the relevant paragraph of INA 301 also apply to children born out of wedlock, who claim citizenship through their father.
 
### Child of a U.S. Citizen Mother
 
The rules governing whether a child born out of wedlock outside the United States acquires citizenship from a U.S. citizen mother at birth varies depending on when the child was born. 

<span style="color: #FF504B;">The child was Born Between 23 December 1952 and 12 June 2017</span> 

A child born between December 23, 1952, and June 12, 2017, outside the United States, out of wedlock, can acquire citizenship if they meet the following requirements at birth. 

- Must be the child of a U.S. citizen mother. 
- The child's mother must be a U.S. citizen at the time of the child's birth. 
- The child's U.S. citizen mother must have been physically present in the United States continuously for 1 year prior to the child's birth. 
 
<span style="color: #FF504B;">Child Born on or After 12 June 2017</span>
 
A child born out of wedlock outside the United States, born on or after June 12, 2017, acquires citizenship at birth if: 

- The mother of the child was a US citizen at the time of the child's birth. 
- The child's US-citizen mother must have been physically present in the United States for at least 5 years (with at least 2 years after the age of 14) prior to the child's birth. 
  
## 3. Citizenship Through Bonds (Derivation): Children of Parent(s) Who Completed Their Naturalization 
 
If you are born into the parent(s) who are naturalized, you may be eligible for naturalization through your parent(s). This is called “derivation,” as you ‘derive’ citizenship from your naturalized parent(s). To be eligible for derivation: 

- You must be younger than 18 with a Green Card  
- You must be physically present in the U.S. under the supervision of your family. 
- At least one of your parents must have a U.S. Citizenship 
 
## 4. Naturalization
 
Naturalization is the process by which green card holders (with exceptions) of the U.S. can become U.S. citizens. Paths to naturalization vary from applicant to applicant and, therefore, can be a long and confusing journey for some. There are multiple categories with which the citizen candidate can apply for U.S. citizenship. And eligibility requirements for naturalization vary according to the candidate's category. To reach the categories and look into their specific requirements, please see [Citizenship and Naturalization](https://www.uscis.gov/citizenship/learn-about-citizenship/citizenship-and-naturalization).  

However, there are still standard requirements that every candidate must meet to be eligible for naturalization:      

Listed requirements with a star symbol (*) mean that there are exceptions to them based on military service. 

- The citizen candidate must be a Green Cardholder*    
- (The time you must spend as a permanent resident in the U.S. varies according to your category)    
- The citizen candidate must complete their category's wait time after the Green Card is issued*   
- The citizen candidate must be at least 18 years of age.    
- The citizen candidate must not take trips six months or longer outside of the U.S. during their designated wait time before naturalization application.    
- The citizen candidate must have been residing in the state s/he applies for naturalization for at least three months.    
- The citizen candidate must have a good moral character. Please see this PDF file to understand better 'what having a good moral character entails. (Starting with page 9)    
- The citizen candidate must accept to serve in the U.S. when called upon for national duty.    
- The citizen candidate must be willing to protect the Constitution of the U.S.       
   
You may also find this useful online [Naturalization Eligibility Tool](https://www.uscis.gov/citizenship-resource-center/learn-about-citizenship/naturalization-eligibility) prepared by USCIS, automatically articulating your eligibility with criteria questions. 

## Grape Law is The Right Place for You! 

As we explained, there are numerous ways to become a U.S. citizen. Whether you are born in the U.S., born into a U.S. citizen or naturalized parents, or have a green card, you can be a U.S. citizen! If you know your status and how to proceed with your application, you will be officially recognized as an “American” and join the thousands of people whose dreams came true!  

We look forward to hearing from you with any questions and inquiries concerning becoming a citizen and cannot wait to be a part of your citizenship journey! 

U.S. citizenship has various advantages that range from voting rights to running for an office. Getting citizenship is also a symbolic milestone as it officially confirms that now you are an “American.” In that regard, here in this writing, we will explain the ways of becoming a U.S. Citizen.  

how-to-become-a-us-citizen.webp

How to Become a US Citizen? - The Ways of Becoming a US Citizen 

Studying in the U.S. and pursuing a quality education at top-tier U.S. schools with F-1 visas is a dream for thousands of students all around the world. Attending U.S. colleges offers you a quality education and often leads to a long-lasting stay in America. The journey started as a student could continue with post-graduation non-immigrant employment visas, green card options, and eventually naturalization!  

However, applying for an F-1 Student Visa can be exhausting and confusing. The student immigration process entails ensuring a U.S. visa and pre-requiring that applicants must be accepted into a qualifying school. This piece aims to make the application for an F-1 visa clear by explaining every step you will need to take throughout the process after being accepted into a U.S. institution!   

<div style="background: #0C7D93; padding: 5px; color : white; font-size:large; ">F-1 Student Visa is for academic studies, language-training programs, or vocational programs. There are also other types of visas such as M-1 and J-1 which are issued for students or exchange visitors.</div>  

If you are not familiar with U.S. student visas, you may find our blog writing called [Student Visa Options](https://www.grapelaw.com/library/content/student-visa-options-in-the-us-f1-m1-j1) in the U.S. helpful!

## F-1 Visa Eligibility Rules
  
### Being Accepted into SEVP-Approved Schools

To be eligible for an F-1 visa, you must be accepted as a full-time student at the Student and Exchange Visitor Program (SEVP)-certified schools. There are many accredited schools by SEVP, including colleges, high schools, private elementary schools, etc. To learn whether the school(s) you plan to apply to is/are SEVP-certified, you can use this school search engine prepared by the Department of Homeland Security (DHS).   

### Enrollment as a Full-Time Student at an Institution 

After enrolling at a SEVP-certified school, you will become a full-time student. You are going to be listed in the Student and Exchange Visitor Information System (SEVIS). It is an online system that oversees the status and manages the students' inquiries. Admission into SEVIS comes with a fee. I-901 SEVIS fee is designed to fund Student and Exchange Visitors Program. It is not included in visa fees and school [SEVIS admission fee](https://www.ice.gov/sevis/i901)s. The price is currently $350. After paying the fee for the I-901, your school will issue you the essential student immigration document called Form I-20. On this form, your school notes which type of visa you can obtain for your studies. This document is significant through your studies in the U.S. because it is the proof of your status as an international student in the U.S. 

### English Proficiency   

English is the primary language of the U.S. institutions. As part of the admission process, majority of SEVP-Approved schools requires to submit an English proficiency document. For example, IELTS or TOEFL scores are mandatory for the application because you should prove that you are able to attend and follow the classes in English language. As SEVP-Approved Schools acceptance is the first step to apply for F-1 Student Visa, the English language proficiency is one of the eligibility rules for the application. 
However, if you are applying for language-training programs, you are not required to submit evidence of English proficiency. 

### Proof of financial support funds

For your F-1 Student Visa, you must prove that you have adequate funding to cover your tuition fees and cost of livings in the U.S. In order to pursue your full-time education without working is essential for the visa application. Therefore, you must have enough money and the documents to prove it.  

### Strong Ties with Home-Country 

F-1 Student Visa is a non-immigrant visa. When you apply for a visa, it is crucial to prove that you are planning to return to your country after you complete your studies. Therefore, you must provide the necessary documents to prove your strong ties with your home country. Financial documents and strong relations with family and friends are some examples to prove your intent to return to your country.   

## Getting Started with the Online Application
  
Now that you are eligible for an F-1 visa, you can start your online application process. To initiate the process, you must fill in and submit an online DS-160 Form (Nonimmigrant Visa Application). The DS-160 Form is for temporary travel to the United States. The information you fill in on this form is used by the consular officer to use in your visa application process and personal interview. Furthermore, you are asked to provide certain personal information and a detailed background history. After you complete and submit Form DS-160, you will schedule an interview at the U.S. consulate or embassy of your home country.   

In order to access the online DS-160 Form, follow [this link.](https://ceac.state.gov/genniv/)

## Prepare for Your Interview
  
Before coming to your visa interview, you need to make several documents ready to bring with you, and they are as follows:   

- The confirmation page of your DS-160 online application.   
- A good photograph of yourself was taken according to the photo requirements.   
- Form I-20 issued by your school. 
- A passport valid for at least six months following your entry into the U.S.
- DS-160 application fee payment receipt.
   
You should also have evidence of the following: 

- Transcripts, diplomas, degrees, or certificates from schools you attended. 
- Standardized test scores required by your U.S. school. 
- Proof of ties to your home country, as well as proof of funds to support you and pay for your studies while you are in the United States. 
 
## GRAPE LAW IS HERE TO EASE YOUR BURDEN DURING THE VISA PROCESS 

Studying in the U.S. is not a farfetched dream. Whether you are an elementary-level, high school, or college student, you can be eligible for an F-1 visa if you are accepted into SEVP-certified schools. Furthermore, as your school will act as your sponsor and facilitate your immigration, the likelihood that you will be issued a visa is very high!    

You have come a long way to achieving your dreams by receiving an acceptance letter from a U.S. university. Yet, the visa application process can be tedious and confusing for you. We understand this and believe that our experienced and cutting-edge attorneys can help you achieve your dreams faster by offering the best client service.    

Please feel free to [contact us](https://www.grapelaw.com/contact), and we are looking forward to hearing from you!  

The student immigration process entails ensuring a U.S. visa and pre-requiring that applicants must be accepted into a qualifying school. This piece aims to make the application for an F-1 visa clear by explaining every step you will need to take throughout the process after being accepted into a U.S. institution!

how-to-apply-for-f1-student-visa.webp

How to Apply for F1 Student Visa?

H-1B Visa is usually the first option people consider when planning to move to the U.S. to work in a special occupation. However, there is a limit on issuing H-1B Visa for every fiscal year. To learn the current H-1B Cap, visit [the website](https://www.uscis.gov/h-1b_count). There is another type of visa that coincides with the requirements and advantages of an H-1B Visa: An O-1 Extraordinary Ability or Achievement Visa. In addition, for O-1 Visa you do not need to wait for another year due to the limited number of issued visas. In this piece, we will explore the O-1 visa in-depth and explain everything you need to know about it, including its requirements, application process, and more! 

 ![](/uploads/o1_talent_visa_0c2c736007.webp) 

- **What is an O-1 Visa?** 
- **O-1 Visa Eligibility Requirements**  
- **O-1 Visa and STEM**  
- **O-1 Visa Application Process**

The O-1 visa is a work visa for individuals with extraordinary abilities or achievements in sciences, education, business, athletics, arts, cinema, and TV. USCIS (United States Citizenship and Immigration Services) defined extraordinary ability or achievement as a rare standard and particularly high above the average personal asset.  

 ## O-1 Visa Eligibility Requirements
  
Unlike an H-1B visa, you do not need a bachelor's or higher degree to be eligible for an O-1 visa. However, bachelor's or higher degrees might still be asked from applicants who are professionals in the sciences, education, and business fields, as degrees could be prerequisites for documenting extraordinary abilities or achievements.  

The only qualification you need for O-1 eligibility is to prove your abilities or achievements through the ways USCIS finds acceptable. These ways vary and require you to submit documents that act as proof of evidence. The most important documents you can present as proof of evidence are internationally recognized awards such as Nobel, Pulitzer, etc., in sciences, business, and education; Olympic medals in athletics; Grammy, Emmy, Golden Globe, Oscars, etc. in cinema and TV. There are two kinds of O-1 Visas: O-1A and O-1B Visas. 

<span style="color: #FF504B;">O-1A Visa is for the field of sciences, education, business, and athletics.</span> In case you do not have such an award, extraordinary abilities, and achievements in these fields, you must meet at least 3 out of 8 USCIS [requirements](https://www.uscis.gov/policy-manual/volume-2-part-m-chapter-4) to be eligible for O-1A:  

- An award is of lesser importance compared to the awards mentioned earlier. The award could be recognized both nationally and internationally.  
- Membership in an organization that requires extraordinary ability or achievement for participation  
- Proof of considerable contributions to distinguished professional publications   
- Proof of significant contribution to your field of expertise   
- Proof of various academic articles in your field   
- Commercial success or a large salary for your work   
- Professional experience as a jury with which you have evaluated the works of your peers   
- Professional experience in an essential position in a reputable organization related to your field    
  
If you are a professional coming from <span style="color: #FF504B;">cinema or TV, you may present the following documents as proof of your O-1B</span> eligibility:  

- Starring in productions or events that have been promoted as distinguished in critical reviews, commercial promotions, media releases, etc.  
- National or international fame is evidenced by critical reviews or media publications in major newspapers, trade journals, magazines, etc.  
- Leading, starring, or being in an essential role for organizations and establishments of distinguished fame as evidenced by written pieces in newspapers, publications, testimonials, or trade journals    
- Resume of great commercial, critically acclaimed, or any other professional achievements as evidenced by television or online ratings, favoring critical reviews in leading magazines, journals, newspapers, etc.  
- Wide-ranging recognition from organizations, government agencies, critics, etc. that have expertise in your field of practice   
- Having a large salary for services you have performed, or will perform, as compared to other people in your field of expertise   
 
## O-1A Visa and STEM (Science, Technology, Engineering, and Math) 

Recently, USCIS updated its policy regarding criteria and evidence to determine eligibility for O-1A Visa, focusing on individuals in science, technology, engineering, or mathematics (STEM) fields. USCIS will consider the “totality of the evidence” to determine an individual's eligibility for the visa. This means that the evidence should support the individual’s claim as one of the few people who significantly impact their field of study. For example, some of the evidence could be as follows:   

- Publication of articles in highly ranked journals,   
- The applicant’s total rate of citation is relatively higher than others in the field,  
- Applicant’s employment or research experience with leading institutions in the field,   
- Receipt of unsolicited invitations to speak or present research at nationally or internationally recognized conferences in the field.  

Overall, USCIS provides an opportunity for individuals who work in STEM fields to present comparable evidence to prove their eligibility for O-1A Visa.    

## O-1 Visa Application Process

To apply for an O-1 Visa, you must have a job offer from an employer or manager in America. The employer or manager will act as your visa sponsor and start the application process by filing the [Form I-129 Petition for Nonimmigrant Worker](https://www.uscis.gov/i-129) by the USCIS. After filing the I-129 form, you will sign an employment contract with your employer or manager sponsor.  

You should manage the application process with a manager sponsor if you plan to work more than one job. For example, suppose you proceed with a manager who sponsors your O-1 visa application. In that case, you must submit a full list of the works that you will undertake in the United States to relevant authorities of the U.S. government. But on the other hand, whether your sponsor is a U.S. employer or manager, they will have to apply for an O-1 visa on your behalf.  

To prove that you are a prominent professional in your field of expertise, you should prepare a portfolio detailing the unique works you have performed. Given that you can work more than one job in the U.S. making ready distinct portfolios for each work you plan to undertake would be better.  

Besides portfolios, you must add to your application file the essential [consultation letter](https://www.uscis.gov/policy-manual/volume-2-part-m-chapter-7) in some cases. Consultation letters can be obtained through leading U.S. peer groups, labor organizations, and professionals related to your field. These letters are expected to "describe your abilities or achievements, explain the nature of the duties you will perform, and state that your extraordinary abilities are required for the position offered."  

To sum up, the most essential documents to submit during your applications are as follows: 

- A job offer from an employer or manager in the US 
- A portfolio that consists of your works 
- A consultation letter written by the people who are leading figures in your field of study 

The result of O-1 applications is usually announced in four to six months. However, you may opt for USCIS's premium processing service, which can reduce your wait time to 15 days! In addition, the validity duration of the O-1 visa is three years, and you can ask for an extension for another year without any limit on the number of extension applications! 
 
## WE ARE HERE TO PROVE YOUR TALENT!
 
At Grape Law, we successfully manage the application process of our customers. We know the risks you are taking and the labor you are putting into your career. Therefore, we value your journey and work to help you to realize your dreams.  

We are looking forward to answering your questions or attending to your inquiries regarding O-1 eligibility requirements, application documents, the application process, and more. Please do not hesitate to contact and reach us by email at info@grapelaw.com or schedule a face-to-face meeting on our website.  
 
 
 
 
 
 

In this piece, we will explore the O-1 visa in-depth and explain everything you need to know about it, including its requirements, application process, and more! 

what-is-o1-visa-and-how-to-apply.webp

O-1 Visa: Requirements on How to Apply 

The EB-1 (Employment-Based First Preference) Green Card allows individuals with outstanding academic achievements or extraordinary skills to immigrate to the U.S. permanently. It is a way to obtain a Green Card through employment in the U.S. The EB-1 Visa has three categories:   

- EB1-A: for people with extraordinary abilities  
- EB1-B: for outstanding professors and researchers  
- EB1-C: for multinational managers and executives
  
In this writing, we will explain EB1-A Green Card, its requirements, and application procedures.   

## EB1-A: Aliens of Extraordinary Ability
  
Individuals with extraordinary abilities in science, arts, education, business, or athletics can apply for the EB1-A Visa. It is an immigrant visa. It allows individuals to settle in the U.S. for the rest of their lives. To qualify for EB1-A Visa, the individual should provide sufficient evidence for their significant talent in their fields of study.   

The essential advantage of the EB-1A is that it **does not require either a job offer from employers in the U.S. or a labor certification by the Department of Labor (DOL)**. In addition, EB-1A allows applicants to self-petition and avoids long-processing times due to the labor certification process.   

<div style="background: #0C7D93; padding: 5px; color : white; font-size:large; ">Once the individual obtains their EB1-A Visa, they qualify for a Green Card. In addition, the spouses and children of the individual (under 21 years of age) can also receive their Green Card through the individual’s EB1-A Visa approval.</div>   

## EB1-A Requirements
  
If you are an exceptional talent with outstanding success in your field, EB1-A requirements are easy to meet. Internationally recognized awards are often presented as proof of exceptional skills. Here are the main requirements:   

- The individual must have an exceeding ability in their field.  
- The individual is expected to continue working in the area of their expertise once they migrate to the U.S.   

In order to prove you will conduct the work in their work of expertise once they arrive in the U.S., there are some documents they can submit on their application: 

- A letter from their potential employer  
- A contract between the individual and a U.S. company expresses that the individual will work in the same field.  

However, keep in mind that you do not need a job offer to apply for the EB1-A visa.

- The individual must be able to prove their abilities by submitting internationally recognized awards such as Pulitzers, Oscars, Olympic medals, etc. 

If you do not have such an award, United States Citizenship and Immigration Services (USCIS) outlines additional ten criteria that the individual must meet instead. For example, if the individual can possess at least three of the following ten criteria, they would be eligible to be considered as an individual with an extraordinary talent:   

- Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence    
- Evidence of your membership in associations in the field which demand outstanding achievement of their members    
- Evidence of published material about you in professional or major trade publications or other major media   
- Evidence that you have been asked to judge the work of others, either individually or on a panel.    
- Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field    
- Evidence of your authorship of scholarly articles in professional or major trade publications or other major media    
- Evidence that your work has been displayed at artistic exhibitions or showcases    
- Evidence of your performance in a leading or critical role in distinguished organizations    
- Evidence that you command a high salary or other significantly high remuneration concerning others in the field    
- Evidence of your commercial successes in the performing arts    

In some cases, these categories do not apply because of the field of expertise. In such cases, the individual must provide comparable evidence. The individual should firmly explain why the criteria are not ascribed to their field and why their comparable evidence should be considered instead.

## EB1-A Application Process 

EB1-A application process you should follow depends on whether you are in or outside of the U.S. There are two different application paths;     

- Adjustment of Status  
- Consular Processing

### EB1-A Adjustment of Status Application Process

If the individual is currently in the U.S., they should adjust their status to EB-1A Green Card to complete the application. But before doing so, you must file the Form I-140 Immigrant Petition for Alien Worker. Most employment-based visas require an employer to file this Form on your behalf, but this is different with EB1-A applications.   

After the USCIS approves your petition, you can adjust your status to EB1-A Green Card by filing Form I-485 with the USCIS. If your I-485 Form is approved, you will immediately be granted your EB1-A Green Card!  

### EB1-A Consular Processing Application Process

If you are outside the U.S., you should apply for EB-1A through U.S. consulates in your home country. This process is known as consular Processing and requires you to fill out DS-260 Immigrant Visa Application Form, schedule an interview at the U.S. consulate, and bring the DS-260 confirmation page to your interview.   

Before you set your interview date, as an adjustment of status applications, you must file Form I-140 with the USCIS and wait for a decision on your case. If your I-140 Form is approved, and you complete the following steps, you will be issued your EB-1A Green Card and move to the U.S. to live and work permanently! 

**LET US HELP YOU TO PROVE YOUR ABILITY**  

If you have exceptional ability in the sciences, arts, business, education, or athletics and can prove your abilities with valid documents, you may apply for an EB-1A Green Card! However, the application process is complicated. Therefore, seeking legal help is essential.   

At Grape Law, we excel at understanding our client's needs and providing them with the resources. You can contact us by emailing info@grapelaw.com or scheduling a face-to-face meeting on our website.   
 


Unlike the majority of Employment-Based Green Cards, EB-1A Green Card “does not” require neither a job offer from employers in the U.S. nor a labor certification by the Department of Labor (DOL). EB-1A allows applicants to self-petition themselves and avoids long-processing times due to the labor certification process. 

what-is-eb1a-and-how-to-apply.webp

What is EB-1A and How to Apply?

People from all around the world prefer to come to the U.S as an investor to expand their careers. Since the U.S. is a major global force and one of the centers of start-up innovation, entrepreneurs see the U.S. as the financial potential to initiate and grow their business endeavors. The U.S. administration acknowledges the investment attraction of the country.  

The government aspires to facilitate the flow of bright and conscientious individuals to the U.S. by transferring investment capital and innovative individuals. In addition, America targets the speedy growth and diversification of its economy. To that end, the U.S. provides entrepreneurs with various visas to legally come and work in the U.S.   

Here in this writing, we will explore the E-2 Treaty Investor and EB-5 Green Card. There are the two most preferred investor visas that the U.S. issues for individuals with grand financial aspirations. Rather than defining each visa separately, we will discover their key differences and give you a framework that you could use to decide the best option for your business.  

**There are six significant differences between E-2 Treaty Investor Visa and EB-5 Green Card:**   

- While E-2 Visa is a nonimmigrant visa, EB-5 Visa is an immigrant visa. Eventually, EB-5 Visa provides permanent residency to its holders.  
- As E-2 Visa is a treat trader visa, it requires the applicant to have nationalities from one of the treaty countries. But EB-5 Visa does not have such a requirement. 
- The minimum investment amount is $1,050,000 for standard investments or $800,000 for investment in a commercial enterprise in a targeted employment area for EB-5 Green Card Visa applications. E-2 Visa applicants are not asked for a specific amount of minimum investment. Yet, it should be a substantial amount of capital.  
- EB-5 Green Card Visa holders should provide employment for at least 10 people to be able to obtain permanent residence. E-2 Visa application does not require generating employment for other people. However, the applicant should prove that their work in the U.S. will make enough income to generate employment other than themselves and their family alone.  
- E-2 Visa holders are limited to working in only the job field of E-2 Visa. On the other hand, EB-5 Green Card Visa holders can work in any field of work or for any company they like. 
- Finally, the application processing time is faster for the E-2, with some applications being processed in as little as 15 days. Meanwhile, the EB-5 visa takes up to two years to be approved. 

 ![](/uploads/e2_vs_eb5_infographic_82c8f025d8.png) 

 

## Eligibility for Application
  
E-2 Treaty Investor visa, as the name suggests, is only available for investors who are nationals of countries that have economic treaty agreements with the U.S. This is because the E-2 visa was designed to further the financial corporation of the U.S. and treaty countries via investor individuals. However, an EB-5 Green Card visa does not mandate such a requirement for eligibility. EB-5 Green Card visa is open to all, encouraging foreign investors to come to the U.S. For this reason, EB-5 could be considered a more inclusive visa option.  
 
To find out if you are eligible to apply for E-2 Visa, visit the website [economic treaty agreements](https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/treaty.html).  
 
## The Minimum Investment Amount

As the investment amount is the primary source of entrepreneurs, the amount could be the essential difference between E-2 and EB-5 requirements. Possibly to many investors’ benefits, there is no fixed investment amount for E-2 eligibility. Instead, the calculation of the amount depends on various factors such as the investment sector, state, and the scope of your business.   

Unlike the E-2 visa, the EB-5 Green Card dictates predetermined amounts for eligibility depending on the location of the investment. For example, if the investment is going to be made in an area with low employment, the minimum amount is $800K. These areas are called Targeted Employment Areas (TEA). The government encourages the people to invest and build businesses in these areas to increase the employment rate. For example, The City of Los Angeles is one of the TEA. The city requests the applicant to submit the number of employment in their application document. On the other hand, if the investment is in a location with a low unemployment rate compared to the national average, the minimum amount required is $1.050,000 million.   

To learn more about the E-2 Visa investment amount, read the article on [our website](https://www.grapelaw.com/library/content/what-is-the-minimum-amount-for-e-2-investor-visa). 

## Employment Creation in the U.S.

This is another crucial requirement difference you should consider with care and attention. The EB-5 is a government green card program that aims at the “stimulation of the U.S. economy through job creation and capital investment by foreign investors. Therefore, EB-5 green card holders must produce at least ten full-time employment for qualifying employees. Qualifying employees can be U.S. citizens, permanent residents, lawfully residing non-immigrants, etc. Even though the E-2 visa also targets the growth of the U.S. economy via foreign investors, there is no employment creation requirement for eligibility. This difference might make the E-2 visa more convenient for entrepreneurs who start their financial careers in investment, as there is no pressure to create public benefits.   

## The Validity Duration

This might be the most significant advantage of the EB-5 Green Card compared to the E-2 visa. As EB-5 is a green card visa, it allows for permanent living and working in the U.S. Once you are an EB-5 green card holder, you also become eligible for U.S. citizenship after five years. On the other hand, an E-2 visa is a non-immigrant worker visa and only allows for a maximum of 5 years of living and working in the U.S. Even though E-2 visa extensions are limitless, being on an E-2 status nevertheless means more paperwork and fewer government benefits. This is an essential difference you should consider if you plan to establish your life in the U.S. long-term.  
 
While you apply for both E-2 and EB-5 Visas, you can also apply for your dependent family members. This means your spouse and children also come with you to the U.S. The spouses and children (under the age of 21) can work and study in the U.S. after they obtain the necessary documents. 

Both E-2 Visa, and E.B.- 5 Green Card have their advantages and disadvantages. The correct visa option for you entirely depends on your plan, which entails financial goals, family life, country of origin, and many more. In that regard, it is critical to wisely articulate both visas and make an educated decision as to which path you wish to take.   
 
**LET’S GET YOU AND YOUR BUSINESS TO THE U.S.**
 
If you are seeking cutting-edge legal consultations, guidance, and companionship throughout the application process of your visa choice, please don’t hesitate to contact the experienced lawyers of Grape Law by sending your questions and/or inquiries to info@grapelaw.com or scheduling a face-to-face case meeting via our website.    
  

  
   
 

While E2 and EB5 Visas are known as investment visas, there are some differences. While E-2 Visa is a nonimmigrant visa, the EB-5 Green Card Visa is an immigrant visa.  

the-difference-between-e2-and-eb5-green-card.webp

E-2 and EB-5 - Key Differences

Many people dream of coming to the US and paving the way for naturalization by getting a green card. There are various family green card options for individuals with an immediate US citizen relative. But if you are not lucky enough to have a family member who is willing to sponsor your green card, don’t worry! There are **employment-based green** cards such as **EB-2 and EB-3** with which you can become a permanent resident and worker in the United States.   

These green cards are prevalent and preferred by many qualified applicants, special knowledge, and extraordinarily talented individuals. On the other hand, US citizen sponsorship is also needed for employment-based green card applications. This requires a valid job offer from employers in the US as well as a labor certification. Henceforth, the application process for employment-based green cards has manifold questions that need answering. Here in this writing, we will explore the application process for employment-based green cards and answer your inquiries!

## Obtain Your PERM Labor Certification
 
Firstly, you should obtain your PERM Labor Certification (LC), issued by the Department of Labor (DOL). Your employer makes a PERM application, and with the labor certification, it is proven that you are qualified for the job offer. There is no American worker to replace you. Therefore, it is the most crucial aspect of the application.  

You may find our detailed writing [What is PERM Application? How to Apply?](https://www.grapelaw.com/2022/02/18/what-is-perm-application-how-to-apply/) helpful in learning more about the PERM application process.  

## Find Your Sponsor 

Your sponsor, which in this case is your employer, will file the form I-140 (Petition for Nonimmigrant Alien Worker) with the U.S. Citizenship and Immigration Services (USCIS). In this process, it is re-evaluated by the DOL that your employer will be able to afford the determined salary and that you meet the requirements of the job position. 

## Complete Your Application  

To get an employment-based green card, you must make a general application. Green card applications can be made in two ways depending on your location. First, if you are currently in the U.S. on a legal status, you must apply for “Adjustment of Status” by filing the Form I-485 (Adjust or Change My Nonimmigrant Status) with the USCIS. If you are outside of the U.S., you must apply for a green card via U.S. consulates in your country by arranging an interview after completing the online DS-260 (Immigrant Visa Electronic Application) form. Following the interview, you will be issued an immigrant visa with which you can enter the U.S. This process is known as “consular processing.”
     
Getting a green card and benefiting from its advantages is a significant step towards establishing a living in the United States. With a green card, you can permanently live and work in the U.S. and apply for naturalization soon. However, if you don’t have an immediate relative who is a U.S. citizen, you might use employment-green cards instead. 
  
Even though you might have a valid job offer from employers in the U.S., you will likely be confused and frustrated while trying to figure out which type of employment-green card among the five you should apply for, their unique requirements, benefits, and more. In that regard, we ensure that you make the necessary preliminary preparation and research and accompany you throughout your green card journey with our exceptional legal expertise and result-driven insights. 

If you have any questions or requests regarding the employment-based green card types and their application processes, please don’t hesitate to contact us by emailing <span style="color: #FF504B;">info@grapelaw.com</span> or scheduling a face-to-face consultation via our [calendly](https://calendly.com/grapelaw) account!

The application process for employment-based green cards has manifold questions that need answering. Here in this writing, we will explore the application process for employment-based green cards and answer your inquiries! 

How to Get a Green Card with US Employment

how-to-get-a-green-card-with-us-employment.webp

How to Get a Green Card With US Employment | Grape Law

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. 

What is the Minimum Amount for E-2 Investor Visa

What-is-the-Minimum-Amount-for-E-2-Investor-Visa.webp

What is the Minimum Amount for E-2 Investor Visa? | Grape Law 

U.S. Citizenship and Immigration Services (USCIS) has revised some of its immigration policies regarding expedited processing, requests for evidence (RFE), notices of intent to deny (NOID), and employment authorization documents (EADs). Recent policy changes aspire to create a more fair and functional process of legal immigration. Now USCIS has prepared well-rounded guidance for when expedited processing may be warranted for benefit requests. 

Furthermore, agency officers will have to issue RFEs and NOIDs instead of directly denying certain benefit requests. And the one-year validity period for initial and renewal EADs is extended to two years for certain noncitizen adjustment-of-status applicants.The new validity period is designed to ease the burden of EADS applications on USCIS and allocate more time and resources for other urgent immigration areas.

U.S. Citizenship and Immigration Services (USCIS) has revised some of its immigration policies regarding the expedited processing, requests for evidence (RFE), notices of intent to deny (NOID), and employment authorization documents (EADs). Recent policy changes aspire to create a more fair and functional process of legal immigration. 

USCIS Revises Policies of Expedited Processing

uscıs-revises-policies-of-expedited-processing.webp

U.S. Citizenship and Immigration Services (USCIS) has made an important revision on the policy that required individuals who applied for a change of status to F-1 students to apply to change or extend their current nonimmigrant status.

With this change, <span style="color: #FF504B;">individuals applying for a change to F-1 student will be granted an F-1 status effective immediately following the approval of an applicant’s Form I-539 (Application to Extend/Change Nonimmigrant Status).</span> This will save both USCIS and applicants time, effort, and money which was spent on multiple applications to change or extend their nonimmigrant status.

Previously, USCIS required applicants to maintain a nonimmigrant status up to 30 days before their student programs’ start date to avoid gaps in the status. Now, change to F-1 student **will be possible to grant before the 30 days period begins, enabling students to avoid the same gaps without applications to change or extend their current nonimmigrant status.**

**However**, USCIS expects applicants who are transitioned to F-1 students before the beginning of 30 days period to not violate their F-1 status by indulging in any employment, including on-campus opportunities.

U.S. Citizenship and Immigration Services (USCIS) revised the policy that required individuals who applied for change of status to F-1 students to apply to change or extend their current nonimmigrant status.

F1 Student No Longer Need to Submit Subsequent Application 

f1-student-no- longer-need-to-submit Subsequent Applications.webp

F-1 Student No Longer Need to Submit Subsequent Applications to "Bridge the Gap"

Studying in the U.S. is an amazing opportunity for students from all over the world. With many renowned institutions that lead the world in higher education, U.S. offers various prospective academics or sector professionals the necessary background to advance in their journeys to achieve career goals. On the other hand, before anything you need to prepare to start studying, you must obtain a student visa to begin building your future in the U.S. And first, you should know what exactly a student visa is, which type of student visa you should apply, and how to apply it. Being able to answer these questions will be essential for you to have the correct student visa.  

## What is a Student Visa?

The student visa is a type of nonimmigrant visa issued to prospective students aiming to come and study in the U.S. The length of your visa depends on the time needed to complete your student program, course of study, or work assignment. There are three student visas that you can apply for depending on your course of study and the type of institution that you aspire to study at. Three student visas are F, M, and J, and we will explore each visa in-depth below.  

## What is F1 Visa?

F1 visa is the most common nonimmigrant student visa issued to thousands of students and researchers each year. It is specifically for academic purposes. There is no cap on F1 visa issuance, making it available for everyone who is qualified. Furthermore, an F1 visa requires your proposed study program to eventually awards you a degree, diploma, or certificate. And do not worry, an F1 visa is valid as long as your study in the U.S. continues, and you can ask for an extension if necessary for your work.  

### Who Can Apply for F1 Visa? Which Institutions You Can Apply to?

If you are accepted into an accredited U.S school and will study as a full-time student, you are good to apply! You may apply to colleges, universities, conservatories, seminaries, language training institutions, high schools, and elementary schools.  

However, public elementary schools and adult educational programs (such as foreign language classes) are not among the schools you can apply to get your F-1 visa. Public high schools are not affected by this rule. However, an F-1 visa for high school candidates can be valid for up to 12 months, and it is required that you show proof of your payment made for a whole educational year. If you are applying for a private elementary or high school, you should not worry about these nuances at all!  

## What is M1 Visa?

M1 visa is a specific student visa for pupils seeking vocational studies in the U.S. This is different from the F1 visa in that it is designed for ‘non-academic’ studies. Your visa is valid for up to a year, but it can be extended to 3 years depending on your course of study. 

### Who Can Apply for M1 Visa? Which Institutions You Can Apply to?

If you are fluent in English, have funds that can afford your stay, and reside outside of the US, you are qualified to apply! Institutions to which you can apply are many and include schools like business, flight, cooking, cosmetology, and various others that offer different vocational training. Language training programs are not included in schools viable to apply. And to be eligible for an M1 visa, the school or schools you plan to apply to must be recognized by the Student and Exchange Visitor Program (SEVP).

## What is J1 Visa?

J1 visa is a nonimmigrant, exchange-based visa issued to people who seek to teach, lecture, study, conduct research, receive training, etc. to create a mutually beneficial relationship between the U.S. and other countries. There are various public and private entities that the U.S. acknowledges as sponsors. These sponsors, like Fulbright Commission, facilitate the exchange of persons, knowledge, and skills in fields like arts & science, and education with the U.S. Sponsors also act as your visa sponsors and manage your visa issuance process.  

### Who Can Apply for J1 Visa? Which Institutions You Can Apply to?

There are many individual categories under which many people can apply for a J1 visa. As J1 aspires for the growth of the international relationship between the U.S. and other countries, most categories do concern education. Some acknowledged categories are as follows: 

- Students
- Teachers
- Professors or scholars 
- Research assistants 
- Trainees
- Specialists 
- Au Pairs
- Camp counselors

A student visa might be the beginning of your journey that will last a lifelong. It is for idealist, adventurous, and ambitious people that look for growth, progress, and achievement. Fortunately, student visas are limitless. 
<br></br>
Whether it be F1, M1, or J1, every year thousands of students, researchers, scholars and so many other people from different professions are issued a student visa. **We believe that if you are qualified to apply and passionate enough to come to the U.S. and make a difference, you will be awarded your desired student visa!**





As studying in the U.S. is a dream come true for so many people around the world, it is difficult to find out which type of visa you should apply for your studies. In this piece, we will explain F1, M1, and J1 student visas. 

Student Visa Options in the US: F1, M1, J1

student-visa-options-in-the-us- f1,m1, j1.webp

Göçmenlik Hukuku

Immigration Law

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

Immigration Law

Categories