 In the arena of global innovation, STEM fields—Science, Technology, Engineering, and Mathematics—stand as pillars of progress. The United States, pursuing dominance in these sectors, has become the immigration target for the brightest minds worldwide. State-of-the-art research centers, a dynamic start-up ecosystem, and significant technological investments attracts thousands of top-notch talents to the U.S. every year. This phenomenon, often referred to as "brain drain," is not accidental but the result of strategic positioning by the U.S. to maintain its leadership in innovation and technology. The relationship between the U.S. and foreign STEM professionals is a testament to the country's longstanding aspiration to be at the forefront of technological breakthroughs, shaping a new era where knowledge is universal.

## ***STEM Fields, Brain Drain, and the U.S.***

The U.S. stands as a proof to the power of Science, Technology, Engineering, and Mathematics. These STEM fields are not just academic endeavors but the backbones of American innovation, driving economic growth and securing its status as a global leader. Moreover, the U.S.'s continuous pursuit for scientific advancement has positioned the nation as the center for future technology, with Silicon Valley emerging as a focal point for groundbreaking ideas within this larger trend.

Historically, the United States has financially thrived thanks to the intellect and creativity from its diverse population, including immigrants who have left permanent marks on the nation's STEM heritage. In fact, the U.S.’s industrial and technological revolutions were fueled, in part, by the contributions of foreign-born individuals, and the trend continues today. The American ideals of discovery and entrepreneurship resonate with STEM professionals all over the world and attract them to participate in the U.S.' pursuit of revolutionary progress.

This is, in essence, due to the mutual recognition of value between the U.S. and these talented individuals. The United States offers a variety of world-class opportunities for research, innovation, and professional development, while immigrants provide fresh perspectives and specialized skills. This exchange has brought the U.S. to the frontlines of positivist inquiry and emerging technologies, effectively making it the go-to destination for the world's brightest STEM professionals. Henceforth, the ongoing collaboration between American institutions and international talent is essential for sustaining the nation's economic leadership and scientific influence.

 ![](/uploads/2_f7b0a48497.webp) 

## ***Biden-Harris Administration’s Actions on STEM Fields***

Recognizing the vital role STEM fields play in national wealth, the Biden-Harris Administration has taken decisive steps to further strengthen the U.S.'s position in the global STEM industry. The White House has outlined a comprehensive strategy to empower the nation's economy and retain its universal competitiveness. Key initiatives include the Global Talent Attraction program, which stresses the significance of inviting international STEM experts to enrich the U.S. workforce. The Early Career STEM Research Initiative and the expansion of the STEM OPT program reflect a bold effort to provide international scholars and students with opportunities to engage in groundbreaking research on U.S. soil. Updates to the O-1A classification and National Interest Waivers show a commitment to simplifying the immigration process for individuals with extraordinary abilities in STEM fields. These proactive measures are designed to attract and keep the best and brightest, ensuring that the U.S. retains its leadership position in scientific and technological advancement.


## ***Critical & Emerging Technologies and the Advent of Artificial Intelligence in STEM Fields***

Within critical and emerging technologies industry, Artificial Intelligence (AI), Quantum Computing, and Cybersecurity stand out as pivotal areas shaping the future. These technologies are the superstars of innovation, driving revolutionary changes across industries and redefining the boundaries of what is possible.

Artificial Intelligence, in particular, represents a giant leap in technological progress and reshapes our personal and professional lives every day. As AI systems become more sophisticated, they influence sectors from healthcare to finance, making it a driving force behind modern tech epoch and a critical component of the U.S. strategic advantage. Moreover, AI’s rapid rise necessitates a workforce that is not only skilled but also forward-thinking and diverse, capable of pushing the limits of what it can achieve.

In this context, the contributions of immigrants are invaluable. The National Foundation for American Policy's (NFAP) study in June 2023 proves the immense impact that immigrants have had on the AI sector. With 65% of the top AI companies in the U.S. having immigrant founders or co-founders and 70% of full-time graduate students in AI-related fields coming from abroad, it is evident that the intellectual capital and entrepreneurial spirit of immigrants are key to the AI industry's success.

 ![](/uploads/3_1b3b45fe28.gif) 

Fortunately, these STEM professionals are often the beneficiaries of specialized visas and Green Cards that recognize their exceptional talents and the significant roles they play in advancing U.S. interests. For example, the O-1 visa category, for those demonstrating extraordinary abilities, and the H-1B visa, a common choice for specialty occupation professionals, are popular options in bringing these individuals to the U.S. The EB-1A self-petition Green Card is reserved for those who can prove they are at the top of their field, offering them a pathway to permanent residency. Similarly, the EB-2 NIW (National Interest Waiver) Green Card, also a self-petition, is designed for professionals whose work is considered of national importance.

This strategic immigration framework is essential not just for filling immediate workforce gaps but also for supporting long-term innovation. By providing a clear path for talented AI professionals to contribute to the U.S. economy, the nation sustains its status as a global authority in AI research and development.

I can almost certainly say that the interplay between AI's rise and U.S.'s immigration policies will create a consistent flow of brain drain. As the United States continues to prioritize the development of AI and other critical technologies, it is likely to benefit from the increased issuance of visas and Green Cards to international STEM talents. This approach ensures that the U.S. remains as the vanguard of the global innovation landscape, continually attracting the brightest minds to contribute to a future where AI not only thrives but also serves the greater good.

With the Advent of Artificial Intelligence, STEM Fields Signal a New Era of Brain Drain for the U.S. 

Artificial Intelligence and the U.S. Immigration

1.webp

STEM Fields Attract Top-Notch Professional Talents to the U.S., Signaling a New Era of Brain Drain for the Nation

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

### Who Issues The Employment Authorization Document?

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

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

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



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

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

What is an Employment Authorization Document?

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

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

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

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

## Importance of Understanding Visa Requirements for International Students

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


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

employment after graduation for students in america

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

Employment After Graduation for International Students in the US

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

**What are the Inadmissibility Grounds?**

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

**What is Concurrent Filing?**

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

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

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






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

adjustment of status requirements and steps

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

Adjustment of Status Requirements and Steps

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

### R-1 Visa For Nonimmigrant Religious Workers

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

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

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

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

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

## Employment Visa Options Eligibility and Requirements

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

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

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

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

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

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

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

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

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

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

A few things should be noted regarding interviews

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

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

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

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

## The Next Step?

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


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

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

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


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

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

Working in the US: A Guide to Employment Visa Options

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  

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

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

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 

PERM (Program Electronic Review Management) is a government program by which the Department of Labor (DOL) makes sure that new employment opportunities cannot be filled by U.S. citizen candidates, and instead, immigrant employees can work the offered jobs. **This program entails many steps that employers must take and complete to prove the lack of qualified U.S. citizen workers. PERM program is relatively new (established in 2005), and was designed to speed up to process of designating the U.S. workers' ineligibility for new employment opportunities.**  

## Application Process

PERM application process can be a long and confusing one. There are various steps that need close attention and consistent watch. Hence, we hereby prepared a step-by-step guide for PERM application that will make the process clearer for hiring employers.   

### Employer's Job Definitions:

The initial step. Employers must clearly define the job opportunity and list the minimum requirements needed. Employers must also present the road map of recruitment and address any possible issues.

### Prevailing Wage Determination (PWD) from the Department of Labor (DOL):

After the initial step is complete, employers may begin with the request of PWD from the DOL. PWD is a standard procedure for determining a minimum wage level for a certain job position in a given state and local jurisdiction. PWD is another precaution of the DOL to ensure that the employment of a non-citizen will not be unfair to U.S. citizens who hold the same or similar job positions. The average wait time needed for PWD to be determined is 6 months.

### Recruitment:

Recruitment is the process by which the employer conducts market research and promotes the job offer. Recruitment is another precaution for preventing unfair treatment of U.S. citizen employees. Labor Certification (LC) must be approved by the DOL within 180 days after the start of the recruitment process. Employers must also spare 30 days before applying for the LC in which they do not conduct any recruitment campaign except three “additional” recruitment options. These additional recruitments can be chosen out of ten recruitments listed by the DOL.  

Ten recruitments are as follows: 

- Job fairs 
- Employer’s website 
- Job search websites other than the employer’s 
- On-campus recruiting 
- Trade or professional organizations/publications 
- Private employment firms 
- Employee referral programs with incentives 
- Campus placement offices  
- Local and ethnic newspapers  
- Radio and television advertisements 
      
### Filing Labor Certification with the DOL’s ETA:


After the recruitment process is over, employers must apply for Labor Certification by filing the ETA Form 9089, Application for Permanent Employment Certification, with the DOL. You can reach the form via the Foreign Labor Certification website.  

### The DOL makes a decision on LC:

The DOL is deciding on LCs take varying times. LCs processing times are available at Foreign Labor Application Gateway (FLAG) website. The decision can be in favor of and against the application. The DOL can choose to audit the application as well. 

### Possible DOL Audit or Denial:
         
In case of potential DOL audit or denial, employers are given extra 30 days to respond to the DOL’s office action. Employers reserve the right to file an appeal of the decision. However, the DOL processes employer appeals in several years which elongate and further complicates the application. Hence, we would not advise you to appeal but restart your application from scratch instead.   

With the implementation of the PERM program starting in 2005, the employer is designated as the supervisor of all the labor certification steps except the prevailing wage determination. This undoubtedly enabled faster processing and decision-making of LCs. On the other hand, as the leading figure in LC applications, employers can be overwhelmed and frustrated with the unexpected turns, up and downs, unfortunate delays, and further inspections that they might encounter throughout the application process.  

**In that regard, we strongly recommend that employers should consider the help of legal professionals by seeking insightful counsel or teaming up with experienced attorneys to manage the application process. Here at Grape Law PLLC, we believe that our professionalism, as well as result-driven approach, will ease the burden on employers by mitigating potential legal issues and resolving them in employers' best interest**. 



PERM (Program Electronic Review Management) is a government program by which the Department of Labor (DOL) makes sure that new employment opportunities cannot be filled by U.S. citizen candidates, and instead, immigrant employees can work the offered jobs. This program entails many steps that employers must take and complete to prove the lack of qualified U.S. citizen workers. PERM program is relatively new (established in 2005), and was designed to speed up to process of designating the U.S. workers ineligibility for new employment opportunities.  

perm-application.webp

What is PERM Application? How to Apply?

Employment in the U.S. is a very fundamental subject in immigration law. Each year, many people from all around the world apply for visas to work in the U.S. And U.S. has various visa options with differing conditions and requirements for potential employees. Here in this writing, we will cover the H-1B visa as it is one of the most common non-immigrant work visas today.  

## What is H1-B Visa?

H-1B visa, or Person in Specialty Occupation visa, is a nonimmigrant visa for professionals who seek specialty jobs in the US. H1-B visa requires visa applicants that have a higher education degree or its equivalent. This entails bachelor’s or higher degrees such as MA’s or Ph.D. You can apply for H1-B visa coming from numerable professional work fields including but not limited to IT, architecture, law, finance, and medicine. 

## H1-B Visa Eligibility


H1-B visas are issued to non-U.S. citizen applicants if and only there are no citizen candidates for the job position you apply for. Therefore, your employer must prove that your employment cannot be compensated by a U.S. citizen. Moreover, applicants have to have a valid employer and a job offer. Your employer will also act as your sponsor for your H1-B visa application. Lastly, as the H1-B visa is a specialty visa, you are required to present proof of your bachelor’s or its equivalent degree. 

## H1-B Visa Cap

H1-B visa is unfortunately subjected to a quota. The current number per fiscal year 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. And if your sponsor is a higher education institution, a nonprofit organization working under a higher education institution, or a government research initiative, you should not worry about the limited quota at all!  

If you were previously issued an H1-B visa and did not exceed the six-year limit on it, you are exempt from the quota when reapplying for H1-B visa extension. This is also valid for applicants who left the U.S. and currently work outside but still within the six years of H1-B visa validity. And if you like to change your employer while you are in the initial 3 years duration of your H1-B visa, you can do so without being subjected to a visa cap! 

## H1-B Application Process

To start with your application, you first need to register with the H1-B lottery. H1-B lottery registration process usually starts at the beginning of March and continues until the third week of the month. To participate in the H1-B lottery, you need to create an applicant account on myUSCIS website. The lottery results are generally declared in a week. If you are selected from the lottery, the application proceeds with your employer’s submission of the Labor Condition Application (LCA) to the Department of Labor (DOL). This is a precautionary step mandated by DOL to make sure that your employer will pay you and the other equally qualified workers the same wage. If LCA is approved by DOL, your employer will file the Form I-129 petition along with LCA to U.S. Citizenship and Immigration Services (USCIS). 

Once your I-129 form is approved, you can start your online application. The online application requires you to fill in the Form DS-160. Following this, you need to schedule an interview with a U.S. embassy or consulate in your area. And there are several documents you must make ready before 

- **Your Passport**
- **A printout of your DS-160’s confirmation page**
- **Application fee payment receipt**
- **A photo of yourself**
 
 This is required if you have failed to upload your photo during the online application.

- **Receipt number**


This can be found either on your **Petition for a Nonimmigrant Worker (Form I-129)** or on **Notice of Action (Form I-797)**. Both forms will be available on your application portal on USCIS’s website.  

## H1-B Visa Duration and Extension

H1-B visa duration varies from applicant to applicant. However, you can be issued a visa valid for up to three years. And your period of stay may be extended to a maximum of three years. But there are some exceptions to this rule. For further information please see this page. 

H1-B visa is a perfect option for people who have specialty jobs outside and want to transfer their abilities to the U.S. But you should not be discouraged if you believe that you are the right candidate for H1-B visa and continue working towards your end goal!  

**We provide exceptional service for clients wishing to obtain their H1-B visa with our unique understanding of both you and the job sector you aspire to work in the U.S. For any inquires relating to application preparation, application process, and visa issuance, please do not hesitate to contact us!**

Each year, many people from all around the world apply for visas to work in the U.S. And U.S. has various visa options with differing conditions and requirements for potential employees. In this writing, we will cover the H-1B visa as it is one of the most common non-immigrant work visas today.  

h1b-visa-for-non-immigrant- professionals.webp

H-1B Nonimmigrant Worker Visa for Professionals

In this introductory writing, you will read about E-2 visas, listed under Treaty Trader & Investor Visas. Designed for the development and cooperation between the U.S. and various other countries’ commerce and navigation investments and initiatives, E-2 visas provide business gurus and visionaries with the necessary legal non-immigrant status to achieve their financial and career goals. 

## What Exactly Is E-2 Visa?
 
Simply put, E-2 visa relates to the latter part of Treaty Trader & Investor Visas. It is offered to investing companies, partnerships and individuals who are either owners, directors and extraordinarily skilled workers. It requires both you, your partner(s) (if there is any), and your company (if you are an employee of one) to be promising enough to contribute to the US economy and strengthen the financial cooperation between both parties. Even though the selection process is meticulously regulated and may be tedious for applicants at times, overwhelming majority of applications get accepted! 

## What About the Requirements for Application?
 
- First and foremost, whether you are a corporate entity, partnership, or individual, you have to be a national of one of the treaty countries. (Dual nationalities accepted). To find out whether your country is on the treaty list or not, please follow this link. 
- If you do not hold nationality from one of the treaty countries, you can still apply for an E-2 visa via the citizenship-through-investment program which requires you to invest as little as 200.000 $. 
- If the applicant is a corporate entity, at least half of the business must be owned by individuals of the treaty country’s nationality. 
- The capital spared for investment must be substantial to ensure the sustainability of the business. Therefore, any investment funds and assets must be fully committed and irrevocable. 
- The investment at hand has to be active, operating one. A concept entity and abstract paper enterprise would not be viable for consideration. Funds that are risk-free and regulated by security measures of a certain bank are not considered investments. 
- our investment is required to produce significantly more income than the one which would solely afford you and your family’s living, or it must greatly benefit the US economy. 
- You are expected to have full control over your investment funds. Loans cannot be secured with assets of your investment enterprise. 
- Only the people who are either the developer or the director of the enterprise can apply for the E-2 visa. Exceptions would be possible in the case of an applicant deemed to be essential work for the investment with executive and supervisory roles, or with exceptional abilities. 

### Immediate Family Eligibility for Application
 
Only your spouse (same-sex marriages included if your home country authorizes one) and unmarried children under the age of 21 can apply to accompany you, or reside with you temporarily. 

### Duration of Your Stay

The duration of your stay as well as the number of entries vary by treaty country and it ranges from 3 months to 5 years. To learn more about these details please refer to the US embassy of your home country. You can search for official US embassies through [this link.](https://www.usembassy.gov) 

### How to Apply

The processes of application vary by treaty country. Please refer to the U.S. embassy of your home country to have the clearest instructions as to how to apply for an E-2 visa. You can use this link again, to reach your U.S. embassy. However, there are commonly required steps which details you can find below: 

- Firstly, you must fill out the online application form, form DS-160, and print out the document before coming to your interview. 
- You are required to upload your photo while filling out your DS-160 application form which details you can find here. 
- After filling out your online application form, you are expected to schedule an interview. Applicants under the age of 13 and above the age of 80 are not usually required for an interview. However, there may be some exceptions to this with regard to the discretion of your consular officer. 

Wait time for the interview varies by treaty country as well. You can search for your home country’s interview wait time using this link. Furthermore, you may be required to pay an online application fee, depending on the treaty country you apply from. To learn more about it, you can refer to [this link](https://www.uscis.gov/working-in-the-united-states/temporary-workers/e-2-treaty-investors). 

## Preparing for Your Interview: What You Must Make Ready?

- **A valid passport** for travel to the US. It must be valid for at least six months beyond your stay in the U.S. 
- Your **DS-160 online application confirmation page**. 
- **Application fee payment receipt**, if it is required for your treaty country to pay an application fee. 
- If the upload of your photo fails during your filling out the DS-160 application form, you must bring **a print of your photo in the same format as your online upload**. 
- **DS-156E, Nonimmigrant Treaty Trader/Treaty Investor application form.** This is required for applicants for executive, manager, and essential employee positions. 

Additional documents may be required depending on your treaty country. For more information about this, please refer to [this link](https://www.uscis.gov/working-in-the-united-states/temporary-workers/e-2-treaty-investors) again. 

## Additional Information

- If you are awarded a visa, you may be required to pay a visa issuance fee depending on your treaty country. The processing time of your visa may vary. To learn more about visa processing and when your visa might be delivered to you, please use [this link](https://tr.usembassy.gov/visas/immigrant-visas/employment-based-immigration/after-the-interview/). 
- You may apply for an extension for your visa beyond the date indicated on your I-94 form. This form is provided to you by U.S. Customs and Border Protection (CBS) officials upon your entry to the US. Read more about extending your stay on the U.S. Citizenship and Immigration Services [website](https://www.uscis.gov/visit-the-united-states/extend-your-stay). 
- While in the U.S., you can request a change in your nonimmigrant status to switch to another category. Learn more about requesting a change of status on the Citizenship and Immigration Services (USCIS) [website](https://www.uscis.gov/green-card/green-card-processes-and-procedures/adjustment-of-status). 

In this introductory writing, you will read about E-2 visas, listed under Treaty Trader & Investor Visas. Designed for the development and cooperation between US’s and various other countries’ commerce and navigation investments and initiatives, E-2 visas provide business gurus and visionaries with the necessary legal non-immigrant status to achieve their financial and career goals. 

e2-treaty-trader- and-investor- visas.webp

Treaty Trader & Investor Visas: E-2

Çalışma Vizeleri

Work Visas

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