Last Updated: January 15, 2020.

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Employment Authorization Document (EAD)

Employment Authorization Document (EAD) is granted for people in the C09 category (pending I-485) when the I-765 is processed. This gives them work authorization for the time on the EAD, usually one year. Because green card applications are taking longer than that these days people may need to apply to renew this document to continue to work while waiting for their green card. The USCIS usually processes this application at a separate field location than the rest of the application.

Optional Practical Training (OPT)

Optional Practical Training (OPT) is work authorization given to F-1 visa holders to be able to work in their field of study either during their schooling or afterwards. Usually OPT is good for 12 months. Income from OPT is considered temporary as you only have authorization for a short time and usually cannot be counted on the I-864, however if the expiration is not for another year or so and the applicant would get their EAD within that time it can be included.

Below we have included information defining what the 3-letter USCIS codes mean:

• CSC – California Service Center
• EAC – Eastern Adjudication Center (now known as Vermont Service Center)
• IOE – ELIS (efile)
• LIN – Lincoln Service Center (now known as Nebraska Service Center)
• MSC – Missouri Service Center (now known as National Benefits Center)
• NBC – National Benefits Center
• NSC – Nebraska Service Center
• SRC – Southern Regional Center (now known as Texas Service Center)
• TSC – Texas Service Center
• VSC – Vermont Service Center
• WAC – Western Adjudication Center (now known as California Service Center)

Last Updated: March 25, 2025.

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What is sponsorship?

If you found your way to this article, it’s likely that you have been asked to be a joint sponsor. Everyone who immigrates to the United States needs a sponsor. The only exceptions are:

1. Immigrants who have received credit for 40 qualifying quarters of work in the United States. Credit is earned for each quarter when you receive the minimum income required by the Social Security Administration. For 2025, the minimum income per quarter is $1,810. Additionally, immigrants can receive credit for quarters earned by their spouse during marriage and by their parents while the immigrants are under 18 years of age.

2. If you are an immigrant who receives citizenship through section 320 of the Immigration and Nationality Act, you do not need a sponsor. This condition applies to children born outside of the United States who:

• Are under 18 years old
• Have at least one parent who is a U.S. citizen, by birth or naturalization
• Are living in the United States under the care of their citizen parent
• Received lawful admission for permanent residence

3. Self-petitioning widows, widowers, battered spouses and children who have an approved Form I-360 are also exempt from sponsorship.

4. If you are applying through your status as an asylee or refugee.

For all other immigrants, a sponsor is necessary to receive permission to live in the United States.

Why is sponsorship necessary?

Prior to allowing an immigrant to enter the United States, the government wants to make sure that each immigrant will be taken care of financially. Immigrants may be found “inadmissible” (unable to enter the United States) if there is any concern that they may become a public charge, and as such will require additional government support. The solution is to assure that each potential immigrant is sponsored by a person or organization with the means to support them upon entering the United States.

How much do I have to make to be a sponsor?

For those who are planning to sponsor a family member, an income greater than or equal to 125 percent of the Federal Poverty Guidelines is required for government approval. These income requirements vary based on the size of one’s household and other factors like location. The exact income levels for 2025 for most locations can be found in the following table:

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If a potential sponsor’s income is lower than 125 percent of the Federal Poverty Guideline, there are still options for them to help their loved ones. These additional values could help them still qualify for sponsorship.

1. The incomes of any relatives or dependents living in your household or dependents listed on your most recent Federal tax return can also be counted towards your total household income. If you intend to include the value of any additional members of household in your income, make sure you fill out the I-864A, Contract Between Sponsor and Household Member.

2. The income from the intending immigrant can additionally be counted towards your household’s income. For this to happen, the intending immigrant must:

• Continue to receive their income from the same source after immigration
• Be currently living in your residence

If both of these conditions are not met, the immigrant’s income cannot be counted. The only exception to these requirements is if the intending immigrant is your spouse, in which case their current residence does not have to be the same as yours.

3. The value of your assets, the assets of any household member who has signed the I-864A, or the assets of the intending immigrants may count. Assets include any property that can be converted to cash within one year and without undue harm (physical or financial) to the sponsor or his or her family members.

4. If none of the above options work in a situation, then a joint sponsor may be necessary to help satisfy the income requirements.

What is a joint sponsor?

A joint sponsor is someone who helps the primary sponsor to satisfy the financial requirements of sponsorship. A joint sponsor must be:

• 18 years or older
• A U.S. citizen, lawful permanent resident, or U.S. national
• Earning an income that is 125 percent of the Federal Policy Guidelines, either through their own income, the income of their household, or their assets.
• Willing to be held liable with the primary sponsor for the support of the intending immigrant

How do I become a joint sponsor?

Each joint sponsor must fill out a separate I-864 form. In their form, they will include the names of all immigrants that they will personally be sponsoring. In the case of two joint sponsors, each sponsor will only list the intending immigrants for which they will take legal responsibility.

Since this is a very important and technical form, it is very important that it is completed correctly.

Included here are the steps to complete this document. Feel free to fill out the form with me as I explain the different steps of this form.

How do I fill out the I-864 as a Joint Sponsor?

The I-864 consists of 11 parts. This will walk you through how to fill out each step.

Part 1: Basis for filing Affidavit of Support

Every sponsor, no matter what kind, will fill in their own name in the first box of the section.

As a joint sponsor, you will have two options to fill out the rest:

If you are the only joint sponsor, mark the 1.d. Option.

If you are one of two joint sponsors, mark the 1.e. Option. In this situation, each sponsor must be labeled as either the first or second sponsor.

Part 2: Information about the Principal Immigrant

The information in this section will be about the principal immigrant that you are sponsoring.

In items 1.a., 1.b., and 1.c., include the complete name of the principal immigrant

In items 2.a. - 2.i., include the address of the principal immigrant.

Items 3-7 consist of additional information about the immigrant. Only items 3,4 and 7 (the Country of Citizenship or Nationality, date of birth, and telephone number) are required. Items 5 & 6 (Alien Registration Number and USCIS Online Account Number) are not required, but will make the process easier for the immigration officials if they are included.

Part 3: Information about the immigrants you are sponsoring

If you are the only joint sponsor, or you are the joint sponsor for the principal immigrant, you will mark Yes on item 1.

If you plan to sponsor additional immigrants who will immigrate more than 6 months after the principal immigrant, mark item 3.

In items 4-28, you will include the information of any additional immigrants on top of the principal immigrant who you personally will be sponsoring. If you are only sponsoring the principal immigrant, you do not need to include their information again.

In item 29, you will enter the total number of immigrants that you will be sponsoring.

Part 4. Information About You (Sponsor)

In item 1, you will include your own name.

Items 2-4 will consist of your mailing and physical address. If they are the same, then you can simply mark Yes in item 3, and skip item 4 completely.

Items 5-10 are all required information about you. If your address from items 2-4 are outside of the United States, but your country of domicile is the United States, you must include a written explanation.

For item 11, specify if you are a U.S. citizen, national, or permanent resident.

Since you are not a petitioning sponsor, you will not fill in item 14.

Part 5. Sponsor’s Household Size

In this section we will establish your household size. Therefore, all the inputs you add in this part will be numbers.

Item 1 will be the total number of immigrants that you are sponsoring. This should be the same quantity that you entered on Part 3, item 29.

Item 2 should be 1, to represent yourself.

If you are married, you will add a 1 for item 3. Otherwise, add a 0.

If you have any dependent children (unmarried and under the age of 21), add the number that you have in item 4. Otherwise, add a 0.

If you have any other dependents living in your household, write down the number for item 5. Otherwise, add a 0.

If you have sponsored any other immigrants, mark the number for item 6. Otherwise, add a 0.

In item 7, you will include the number of any additional household members who are not dependents, but that you will be including in the total household income.

Item 8 is the total of items 1-7.

The total found in item 8 is the quantity that use to refer to the chart at the beginning of this article to find the exact amount that you must be making to be financially responsible for the immigrants that you plan to sponsor. Keep this value in mind while we calculate your household income in the next part.

Part 6. Sponsor’s Employment and Income

Items 1-6, will show how you receive your income.

If you are employed, mark item 1 and include your employer’s name in item 2. If you have a second employer, you can add that in field 3.

If you are self-employed, mark item 4.

If you are retired, mark item 5.

If you are unemployed, mark item 6.

In item 7, write your total annual income. This should be the same amount shown on your employer letter and pay stubs. Do not include anyone else’s income in this amount.

In items 8-19, you will include the information of any additional members of household who you will count towards the total household income.

Item 20 will be your total household income. You will add up your own annual income and the incomes of any other members of household listed in items 8-19.

Mark item 21 if the additional members of household filled out a Form I-864A.

Mark item 22 if one or more of the household members who are adding their income to the total are intending immigrants. They will not need to fill out a Form I-864A.

Items 23-25 deal with tax returns.

If you filed a tax return during the last three years, mark item 23.a.

You must include a copy of the past year’s tax return. The two previous years are optional. If you include them, mark item 23.b.

Item 24 will include the past three years’ Adjusted Gross Income (AGI). Make sure to put your exact AGI found on line 37 of the 1040 and line 21 of the 1040EZ.

If you were not required to fill out a tax return, mark item 25.

Part 7. Use of Assets to Supplement Income

Items 1-4 consist of the value of your assets.

In item 1, put the value of your savings and checking accounts.

In item 2, include the net value of your real estate holdings (net value is the total value minus any mortgage debt).

In item 3, include the value of any assets not already listed.

Item 4 will be the sum of items 1,2 and 3.

In item 5, you will include the assets of any other relative who you are including in your total. This person must have filled out a Form I-864A.

Items 6-9 will be the value of assets of the principal immigrant.

Item 10 is the total value of assets calculated in Part 7.

Part 8. Sponsor’s Contract

Part 8 goes into detail about the specific responsibilities. Most of the details discussed here were mentioned at the beginning of this article. You are encouraged to read through this section prior to signing the Form I-864, as this is the exact contract that you must follow.

In item 1, you will state whether or not you received assistance from an interpreter.

Item 2 concerns whether or not you received help from a preparer.

In item 3-5, you will include your contact information.

Item 6 is your signature. This is the most important part of the form. This is what will validate the entire affidavit. Make sure you clearly understand what is expected of you before you sign this part of the form.

Part 9. Interpreter’s Information

If you did not receive the help of an interpreter in filling out this document, you can skip ahead to the next part.

If any part of this form was interpreted for you, you must include the contact information of the interpreter in items 1-6.

The interpreter will then sign item 7, which states that they correctly explained every part of this form to you.

Part 10. Preparer’s Information

This section is only necessary if you had another individual’s help in completing this form. If you completed it by yourself, you can move on to the next part.

If you received help in completing this form, then you need to include their contact information in items 1-6.

In item 7, the preparer will state whether or not they are an attorney.

The preparer must sign in item 8, stating that they prepared this document for you to the best of their ability.

Part 11. Additional Information

The space given in Part 11 is specifically for the purpose of giving you extra space in case you were not able to complete one of the previous questions in the space given. You can print out as many of this form as you need to complete each part.

If you have reached this point, congratulations! You have finished filling out the I-864 document!

What else should I know about the Form I-864?

There are some questions that come up frequently about filling out the Form I-864. Here are some of these questions.

How long am I held responsible?

Your obligation as a sponsor will continue until:

• The sponsored immigrant becomes a U.S. citizen
• You or the sponsored immigrant passes away
• The sponsored immigrant loses their permission to live in the United States

It is important to note that if you are sponsoring your spouse and go through a divorce, you will still retain your sponsorship responsibility.

How does sponsorship affect the public benefits received by immigrants?

One thing to keep in mind when sponsoring an immigrant is that they may become ineligible to receive “means-tested public benefits”. At the federal level, the benefits that they may not be able to receive include:

• Food stamps
• Medicaid
• Supplemental Security Income (SSI)
• Temporary Assistance for Needy Families (TANF)
• State Children’s Health Insurance Program (SCHIP)

Additionally, each state provides other benefits that are included in the “means-tested public benefits” category, and these may also be denied to immigrants. Make sure to familiarize yourself with the specific list for your state before signing the I-864 document.

In some circumstances, the immigrants access to public benefits may not be denied by the government. This does not mean that those benefits will come free of cost to the sponsor. Some sponsors may be asked to repay the cost of the benefits used by the immigrant. Failure to repay the cost of these benefits may result in a lawsuit. Again, we encourage you to check with an attorney before allowing your sponsored immigrant to receive government funded benefits.

What documents do I need to include with my application?

There are several documents that should be included with your application.

The first document is one that would validate your right to sponsor someone. This could be anything that proves you have U.S. citizenship, U.S. national status, or lawful permanent resident status. (i.e. passport, birth certificate, or certificate of naturalization)

You should also include evidence of your current employment. This can be done through providing 6 months of pay stubs and a letter from your employer. The letter from your employer should show your time at the company, current salary, and position. It can be provided by HR or your manager.

If you are unemployed, you should still find a way to prove you have the means to support the immigrants you are sponsoring. If you are counting on the incomes of other members of your household, you can include their pay stubs with your application. Additionally, if you are including the values of specific assets, such as your house, you can include an appraisal of the asset to prove its value.

All of these documents will help prove the validity of your claims. Including them will help prevent against USCIS filing an RFE (Request for evidence). If the government feels that not enough information is supplied, they may put a hold on your process until you provide additional evidence. These documents will provide that proof for them.

Conclusion

Hopefully this guide is helpful in filing your own joint sponsorship paperwork. Now, please do not use this guide as your only source of information. This is a very complicated document, and it would be wise to consult an attorney to make sure that all the information is complete prior to filing the I-864.

SimpleCitizen includes the Form I-864 in their complete green card immigration paperwork service. Go to https://start.simplecitizen.com/ to start your application today.

Last Updated: January 15, 2025.

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For immigrants of all religions, ethnicities, and wealth, entering the US is just part of a path to the American Dream, and the summit of that path for many is owning a home.

Many immigrants are already homeowners, although the proportion of immigrants that are homeowners is significantly lower than the proportion of native-born homeowners. About 42 million foreign-born immigrants reside in the US — this includes all people in the US that were not born here. Of this population, about 40 percent are homeowners, based on an analysis of 2010 census data. Of the native-born population, 66 percent are homeowners.

This guide will explain how to reach the summit of the American Dream: Owning a home.

How to Buy a Home as an Immigrant

The formal process of buying a home as an immigrant isn’t much different from buying a home as a native-born citizen. However, getting a loan can be much more difficult for immigrants. This is a result of structural discrimination against immigrants in the house-buying process. Immigrants’ financial profiles don’t look like a regular homebuyer’s profile and as a result, immigrants are usually marked as more high risk by loan services. Although this does make the process more difficult, it is remedial. The government and specialized financial institutions can help an immigrant buy a house.

We’ll break down the basic steps in the house buying process, provide useful resources, and discuss how it can be different for immigrants.

Click here to speak with a government housing counselor.

1. Determine how much you can afford to spend on a house

This brings us to our first distinction: many immigrants prefer to pay cash for a house, whereas some will use a mortgage.

Americans are generally more comfortable with a higher debt-level than other nationalities. Many immigrants will simply save up over the years the money to buy a house. This could take a while since the average cost of a home in 2018 is $228,000. The American norm is to use and build credit for purchases but going cash-only is certainly an option — even in the US about 7 percent of the population is “unbanked.” And it may be worth it. Getting a loan can be difficult as an immigrant.

The rest of this guide will focus on immigrants seeking to buy a home with financing.

If an immigrant is seeking financing, then how much he can afford to spend on a house depends on two factors:

• How much a lending institution will loan to him, and
• How much the immigrant is willing to spend.

So the first factor hinges on how big of a loan he can obtain, the second factor hinges on how much he actually wants to spend on the house. Many people find it best to purchase a home below their full buying potential.

A mortgage is a money loan for the purpose of buying a house. A mortgage payment consists of four components: principal, interest, taxes, and insurance (PITI).

Generally, a buyer can afford to finance a property that costs between 2 and 2.5 times their income. So, for example, an immigrant earning $100,000 a year can afford a mortgage of $200,000 to $250,000.

So, if a prospective immigrant homeowner is willing to buy a house that costs 2.5 times his income, how much he can actually spend still depends on how much an institution will lend him. And this is where it gets tricky.

Lenders will consider various factors when determining how much to loan a buyer:

• Gross Income – this the how much you make before income taxes and includes bonus income, part-time earnings, self-employment earnings, Social Security benefits, disability, alimony and child support.
• Front-End Ratio – this is the percentage of your gross income that you can put towards your mortgage each month. Lenders usually keep this number below 35 percent of total income.
• Back-End Ratio or debt-to-income ratio (DTI) – this is the percentage of your income needed to pay off your other debts, like credit card payments, child support, and other loans. Most lenders won’t let this number exceed 36 percent.
• Credit Rating – this is the number credit companies give to you to determine the risk of lending you money. This where most immigrants get snagged. Most new immigrants don’t have a credit history with American lenders and therefore have a low credit score and therefore won’t be issued a mortgage. If they are issued a mortgage it will be at a higher interest rate or annual percentage rate (APR). Immigrants should start building credit soon after entering the country. Credit scores are ranked between 850 (perfect) and 300 (terrible). Try this site to discover your credit score.
• Down Payment – this is the amount an immigrant pays in cash for the house. The colloquial norm is that lenders require at least 20 percent of the total price as a down payment. If an immigrant is able to pay more than 20 percent then the deal may be more enticing to the lender.

Let’s consider the example of Carlos. He has an annual income of $50,000 and wants to buy a house and wants to know if he’ll qualify for a loan.

He begins by calculating his front-end ratio.

Front-end ratio = Annual income * 0.35 / 12 months

So Carlos’ front-end ratio is $1458. Then he calculates his back-end ratio.

Back-end ratio = Annual income * 0.36 / 12

A lender won’t want to give to Carlos unless he has a DTI ratio of less 36 percent. Right now his back-end ratio cap is $1500. Let’s say Carlos has expenses totaling $1000 each month, so he is in the clear. If he had $2000 in expenses then the lender would be unlikely to give him a loan.

Let’s say Carlos has worked diligently for the last 8 years to build his credit. He now has a credit score of 760. This high of a score will put him in a great place to find the best loans. On the other hand, if he had only a 500 like many immigrants, he might only be able to obtain an FHA loan. Typically, a 620 should be able to qualify an immigrant for a mortgage.

Now comes the down payment. Carlos, again from working hard over the last 8 years, has saved up $100,000 for a down payment. Since he has a good credit score he’ll be able to use this as a 20 percent down payment on a $500,000 house. He would then obtain a loan for the additional $400,000. If he didn’t have such a good score, he could use it as a larger down payment on a less expensive house, like a 50 percent payment on a $200,000 house.

2. Know your rights

As I mentioned earlier, and I’ll mention again, and I really can’t overstate: immigrants suffer from systemic discrimination when it comes to buying a house. Housing and Urban Development is the government agency that oversees housing discrimination issues and resolves complaints.

The Fair Housing Act (FHA) is a law that makes it illegal for housing providers to refuse to rent or sell homes to people based on race, color, national origin, religion, sex, familial status, or disability. HUD will hunt down violators of this law and “vigorously pursue enforcement actions against them.” As HUD points out “Housing discrimination is not only illegal, it contradicts in every way the principles of freedom and opportunity we treasure as Americans. HUD is committed to ensuring that everyone is treated equally when searching for a place to call home.”

Some options aren’t always protected under FHA, including: Owner-occupied buildings with no more than four units, single-family housing sold or rented without the use of a broker and housing operated by organizations and private clubs that limit occupancy to members.

The following acts are specifically banned:

Someone selling or renting out housing can’t, on the basis of race, color, national origin, religion, sex, familial status, or disability,

• Refuse to rent or sell housing
• Refuse to negotiate for housing
• Make housing unavailable
• Otherwise deny a dwelling
• Change terms, conditions or privileges of the deal
• Provide different housing services or facilities
• Lie to say that housing isn’t available for inspection, sale or rental
• Blockbust – persuade, for profit, homeowners to sell their property by suggesting that people of a particular race, etc. have moved into the neighborhood (blockbusting)
• Deny access to any organization, facility or service related to the sale or rental of housing.

And in regards to mortgages, can’t:

• Refuse to make a mortgage loan
• Refuse to provide information regarding loans
• Impose different terms or conditions on a loan, such as different interest rates, points, or fees
• Discriminate in appraising property
• Refuse to purchase a loan
• Set different terms or conditions for purchasing a loan

And In general, can’t:

• Threaten, coerce, intimidate or interfere with a deal
• Make discriminatory statements in connection with the sale or rental of housing
• Refuse to provide, discriminate in the terms or conditions of, or make discriminatory statements regarding homeowners insurance coverage for a dwelling because of discrimination based on the listed categories.

If you experience discrimination call the HUD office nearest you.

In short, it is important as an immigrant to know your rights in the US. You should also be on the lookout for predatory lending which often times includes unreasonable interest rates and terms.

3. Shop for a loan

Mortgages come in two primary forms: fixed-rate and adjusted-rate.

A fixed-rate mortgage is a traditional mortgage. They’re usually for a 15- or 30-year term, which means the immigrant has 15 to 30 years to pay them off and the interest doesn’t change even if the market rate changes. If market interest rates drop, then the immigrant can refinance the mortgage for a lower interest rate.

With an adjusted-rate mortgage, the interest rate is fixed for an initial term, but then it fluctuates with the market. This means the interest rates will be unpredictable, for better or for worse.

A typical interest rate is 4 percent.

Mortgages can be obtained from a variety of places.

Banks are the traditional place for mortgages. Although they offer a high quality of service, recognized name-brands, and competitive fees, big banks are usually the least friendly to immigrants and unique cases. Much of their decision-making process is automated and does not consider immigrants’ unique situations.

Mortgage brokers specialize in mortgages. Because of this, they offer a large variety of loans, even for immigrants with bad credit. The flipside is they are more expensive. Mortgage brokers will have offices where you can meet face-to-face.

Online mortgage brokers provide all of their services online in text, which is often times preferable for non-native English speakers.

A traditional mortgage provider will likely request these documents:

• Last two months of statements for all asset accounts (savings, retirement, brokerage, and checking)
• Last two years’ W-2 forms
• Last two years’ tax returns
• Most recent month’s pay stubs (your last two pay stubs if you are paid every two weeks and your last pay stub if you get paid monthly)
• If you’re self-employed, a year-to-date profit-and-loss statement
• 1099s for the last two years
• Copy of driver’s license
• Copy of Social Security card

Of course, for new immigrants, providing these documents may not be an option. Some lenders will accept alternative documents to show credit history. This could include:

• Rental history
• Payment history for bills (utilities, gas, electric, water, cable TV, etc.)
• Payment history for non-payroll-deducted medical, life, auto or renters insurance
• Payment history for School tuition
• Credit history from a foreign independent credit reporting agency
• Written verification from foreign creditors, establishing a credit history.

This brings us to another important distinction: you don’t need to be legal and documented to buy a home. Many undocumented immigrants own homes. 3.4 million of them to be precise. They either buy with cash or obtain ITIN mortgages.

An ITIN is an individual tax identification number. They are issued by the IRS for immigrants who need to file taxes but are ineligible for a Social Security Number. Some institutions specialize in providing ITIN loans. These loans usually come with a higher 7-8 percent interest rate.

To get an ITIN submit a Form W-7, Application for IRS Individual Taxpayer Identification Number to apply.

For an ITIN loan, an institution will require:

• Government ID Card, Matricula Consular ID, or Passport
• 2 Years employment in the same or similar line of work (can be salaried or self-employed)
• 2 Years Tax Returns using their I-TIN number
• Buyers must be an owner occupant
• Minimum 20% down payment

To find a loan, try these immigrant friendly mortgage services:

• Bank of the West offers loans for people without US credit.
• Alterra Home Loans offers loans to people with low or no US credit.
• Quontic Bank specializes in immigrant-friendly services, like loans for foreign nationals.
• Guadalupe Credit Union provides ITIN loans to people in New Mexico.
• The Latino Community Credit Union specializes in financing latino immigrants
• Small local services can be more immigrant-friendly
• FHA Loans are provided by some lending institutions. These are more friendly to people with bad credit (down to a 500), but not necessarily immigrants.

4. Shop for a home

Many Americans are using online websites that list available houses. Try one of these:

• Zillow.com – Zillow is perhaps the most popular online listing site. It boasts more than 100 million listings.
• Homes.com – Can connect you with local agents.
• Realtor.com - Realtor.com updates its listings every 15 minutes. It has 4 million listings.

Try using this wishlist to determine what type of house you are looking for. Try using this checklist to take notes on the house.

5. Make an offer

In the US an offer for a home is usually negotiated. The buyer doesn’t necessarily have to offer the listed price for the house. And the seller doesn’t need to accept the initial offer from the buyer. The negotiation process can go back and forth for some time until the two parties agree on a price.

Try this guide to making an offer.Try this comprehensive home buyer’s guide that is helpful for immigrants.

6. Get a home inspection

Home inspectors analyze the house to discover if there are any issues with it. Usually a home inspection costs between $300 to $600.

To judge the quality of the inspector check out online reviews with Angie’s List, Yelp, or Google, ask for a sample report, and ask whether they are a certified professional.

Use home advisor can be a very helpful site for finding a quality inspector. Just type in your zip code to get started.

(Go here for more on inspectors.)

7. Shop for homeowners insurance

Homeowner’s insurance will help pay for damage to your property if something unexpected happens like a fire or burglary.

You can use the insurance suggested by your lender or you shop for your own. You can try one of the major brands:

• Geico
• Progressive
• State Farm

8. Close the deal

You're finally ready to go to sign the papers and close the deal. Congrats!

Remember these points:

• Don’t be afraid to ask lots of questions
• Bring a trusted advisor who is able to understand all of the terminology.

English is a difficult language. Real estate transactions include financial and legal English, which is even difficult for native English speakers to understand.

Download and use this closing checklist:

Enjoy your new home and the American Dream.

Last Updated: January 20, 2020.

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Many employers hire foreign employees in speciality occupations through the H-1B Visa.

But, how exactly does the petition for the H-1B visa work? Read on to find out.

What is the H-1B visa?

The H-1B visa allows U.S. companies to temporarily hire foreign workers in speciality occupations, which are jobs that typically require higher education as well as specialized theoretical and practical knowledge and skills in a field. The most common fields in which employers use the H-1B program are tech, science, engineering, medicine, and business, but applicants include experts in all sorts of trades.

To obtain an H-1B visa, applicants must have a U.S. Bachelor’s degree or a higher degree from an accredited institution, or have an equivalent degree from another country, or have learned the necessary experience, knowledge, and skills from a speciality occupation equivalent to holding a degree.

As the largest guest worker visa program in the United States, there exists a congressionally mandated cap of 65,000 H-1B visas issued per fiscal year. This is often called a “regular cap.” For applicants who have earned a U.S. master’s degree or a higher degree, there exists an exemption which allows an additional 20,000 applicants to be admitted into the H-1B program. This is often referred to as the “advanced degree exemption.”

I’ve heard about a lottery associated with the H-1B visa. What is that about?

The lottery is an annual random selection process conducted by USCIS to determine which applications are accepted under the congressionally mandated cap of allotted visas per fiscal year.

In the 2016 application pool, USCIS received 199,000 H-1B petitions. USCIS used a computer-generated random selection system, also known as a lottery, to first randomly select petitions to fill the 20,000 cap under the advanced degree exemption. All unselected advanced degree petitions were then grouped together with the general category petitions. From this combined pool, the remaining petitions were chosen for the 65,000 cap under the general category provision. USCIS then rejected and returned the remaining, unselected petitions along with their filing fees.

How much does it cost to submit an H-1B visa application?

There is a $460 base filing fee for an H-1B petition. There is no fee waiver for this application. Certain additional fees may apply, depending on the type of employer organization and other factors. For example, USCIS requires employers to pay an extra $500 Fraud Prevention and Detection Fee when filing “initial” or “change of employer” petitions. These two fee payments must be submitted in separate checks. The $500 fee does not apply to H-1B “extension” petitions.

With all related fees, it costs, on average, approximately $3000 to file an H-1B petition. Hiring an immigration lawyer to help you file the form costs, on average, an additional $2000-3000. But by using SimpleCitizen for Business, you can cut your costs significantly while still getting the professional legal help you need.

Who must pay for the H-1B petition filing and legal fees?

Most fees are not legally required to be paid by the employee, or applicant. The employer cannot require that an employer pay for or reimburse the employer for most filing fees and any attorney fees for the H-1B visa. This means that the employer cannot engage in any agreement with the employee to pay back the cost, nor can the employer take the fee amount out of the employee’s pay. The employer must sign the application to state he or she will not seek reimbursement from the employee. However, employers may be able to require an employee to pay the fees for filing an application for their dependent spouse or child.

What is the process of applying for an H-1B visa?

The process of applying for an H-1B visa involves the following steps:

• You must obtain a job offer from a U.S. employee.
• Your employer must file your H-1B visa application with all required documentation, including a Labor Condition Application (LCA) and Form I-129, Petition for a Nonimmigrant Worker.
  • As an employee, you cannot file your own H-1B visa petition. Only your employer, or your prospective employer who has extended to you a job offer, may file an H-1B petition on your behalf.
  • Petitioners must mail the application to the appropriate USCIS-sanctioned service center. A list of service center addresses can be found here.
  • For more information on the LCA, go to the Department of Labor’s Office of Foreign Labor Certification

USCIS will then select the H-1B petitions through the random selection lottery process until the caps have been met. If your case is approved, USCIS will send to your employer a Form I-797 Notice of Action, which simply states that your petition has been approved. Your employer will then forward the form to you. You do not need to fill anything out on Form I-797.

What documentation must my H-1B petition include?

There are many additional documents that must be submitted to complete the H-1B visa application. Listed below is the preferred order of documents in a submission:

1. Form G-28 (if represented by an attorney or accredited representative)
2. Form I-129, Petition for a Nonimmigrant Worker
3. Addendums/Attachments
4. H Classification Supplement to Form I-129 and/or Free Trade Supplement (for H-1B1 Chile-Singapore petitions)
5. H-1B Data Collection and Filing Fee Exemption Supplement
6. All supporting documentation to establish eligibility.
   • Provide a table of contents for supporting documentation and separate the items as listed in the table.
   • These types of documents include evidence of your educational background. This usually means a copy of the degree. However, if you have met all the requirements for a degree, but the degree has not yet been awarded, you may submit a copy of your final transcript or a letter from the registrar stating that you have completed all of the degree requirements. If your qualifications are based on both education and work experience, provide evidence for both your educational and work experience.
   • English translations are required for documentation written in other languages.
7. Arrival-Departure Record (Form I-94) if the beneficiary is in the United States
8. SEVIS Form I-20 if the beneficiary is a current or former F-1 student or F-2 dependent
9. SEVIS Form DS-2019 if the beneficiary is a current or former J-1 or J-2
10. Form I-566 if the beneficiary is a current A or G nonimmigrant
11. Department of Labor certified LCA, Form ETA 9035
12. Employer/attorney/representative letter(s)
13. Other supporting documentation
14. Copy of the petition, if necessary.
    • Clearly mark it as “COPY” so that it is not mistaken for a duplicate filing. USCIS will reject any duplicate filings.

How should my employer and I properly submit the H1-B visa application?

It is important for you and your employer to correctly submit the H-1B application to ensure that USCIS does not reject it for missing information or other concerns. You and your employer must:

• Complete all sections of Form I-129.
• Make sure each form has an original signature.
• Include a signed check with the correct fee amount for each separate fee (USCIS does not allow combined-amount checks).
• Submit all required documentation and evidence with the petition when you file it.
• Make sure that the Labor Condition Application (LCA) properly corresponds to the position in your petition.
• File the petition with the correct USCIS service center. A list of service center addresses can be found here.

H-1B Visa is Included with SimpleCitizen for Business

Does an approved H-1B visa automatically grant entry into the U.S.?

No, USCIS approval of your H-1B petition does not grant admission into the U.S. If your application is approved, you will have to attend an interview at a U.S. Consulate to get your H-1B visa stamped, which then means you are admitted entry into the U.S. During the interview, a Consular Officer will verify your education background, work experience, details of your U.S. employment, and any other relevant information. Upon successful completion of the interview, the Consular Officer will issue your H-1B visa.

What is the difference between H-1B approval and an H-1B visa?

Applicants who have been granted H-1B approval will be sent Form I-797, which confirms their H-1B status approval. This means that you are legally allowed to work for the company listed on the form. Once you have passed your U.S. Consulate interview, you will gain your H-1B visa. This visa acts a permit for you to enter the United States for a specific time limit. While you can hold multiple H-1B approvals from various companies, a visa can be stamped for only one company.

How long can I stay in the U.S. with an H-1B visa?

H-1B visas are usually valid for three years. USCIS can limit the duration of the visa according to the information your employer provides in the H-1B application. For example, if an employer cannot prove that the applicant is more likely than not needed for the full three year period, USCIS may issue the visa for less than three years. You may file to renew your H-1B visa for up to an additional three years.

Helpful Resources

The Ultimate H-1B Visa Guide: How to Hire International Employees
SimpleCitizen for Business

Last Updated: January 15, 2020.

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Are you a founder or entrepreneur looking to work temporarily in the United States?

Or, are you an investor or venture capitalist looking to help expedite the process for an overseas employee to work temporarily in the United States?

Search no further; this article has everything you need to know about obtaining a temporary work visa.

3 H-1B Alternatives

Some of the best H-1B alternatives are the E-2 visa, E-B5 visa, and O-1 visa, as discussed further in this article.

• The E-2 visa for Treaty Investors includes treaty traders and investors who come to the United States under a treaty of commerce and navigation between the United States and the country of which the treaty trader or investor is a citizen or national. This category also includes Australian specialty occupation workers.
• The EB-5 visa for Immigrant Investors is designed for people who invest in U.S. companies.
• The O-1 visa is for individuals with extraordinary ability or achievement who have achieved national or international recognition for achievement in the the sciences, arts, education, business, athletics, or film industry.

Read: Top 6 Immigration Visas for Startups. For now…

Alternative #1: E-2 Visa

Purpose: Investing Capital into a Business

Valid for: 2 Years

Possible to Extend?: Yes

The E-2 visa allows a citizen of any treaty country to come to the United States when investing a substantial amount of capital in a U.S. business. This means you must show at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate position. A treaty country is one with which the U.S. maintains a treaty of commerce and navigation. You can find a list of qualifying countries here. The E-2 visa typically lasts for 2 years before you must renew it.

• A "substantial" amount of capital means any of the following:
  • Substantial in relationship to the total cost of either purchasing an established enterprise or establishing a new one
  • Sufficient to ensure your financial commitment to the enterprise’s success
  • Sufficient to prove that you will successfully develop and direct the enterprise.
  • The lower the cost of the enterprise, the higher, proportionately, the investment must be to be considered substantial.
• Depending on each situation, your employees may also be eligible for this visa.
• Your spouse and any unmarried children under 21 years of age may accompany you into the U.S. by seeking E-2 nonimmigrant classification as dependents. They usually will be granted the same period of stay as you. Additionally, they can fill out Form I-765 to apply for work authorization, which grants them access to any work of their choice.

Can I change status to E-2 visa classification if I’m living inside the United States?

If you are currently in the United States with a lawful nonimmigrant status, you can file Form I-129 to request a change of status to E-2 classification. If the desired employee is currently in the United States in a lawful nonimmigrant status, the qualifying employer may file Form I-129 on the employee’s behalf.

How to renew the E-2 visa

Extensions are unlimited and granted in increments of up to two years each. All E-2 nonimmigrants, however, must maintain an intention to depart the United States when their status expires or is terminated. Additionally, if you travel abroad while on your E-2 visa, you usually will be granted an automatic two-year period of readmission when returning to the United States. It is generally not necessary to file a new Form I-129, which occurs when a petitioner files on your behalf for your ability to come to the United States, with USCIS in this situation.

How much does it cost to apply for the E-2 visa?

It costs $460 to file the E-2 visa forms.

What else should I know about working with an E-2 visa?

With an E-2 visa, you may only work in the activity for which you were approved at the time the classification was granted. However, you may also work for the treaty organization’s parent company or one of its subsidiaries as long as the:

• Relationship between the organizations is established; AND
• Subsidiary employment requires executive, supervisory, or essential skills; AND
• Terms and conditions of employment have not otherwise changed.

Further, USCIS must approve any substantive change in the terms or conditions of E-2 status. A “substantive change” is any fundamental change in the employer’s basic characteristics. This could be a merger, acquisition, or major event which affects the treaty investor or employee’s previously approved relationship with the organization.

• The treaty investor or enterprise must notify USCIS by filing a new Form I-129, complete with the filing fee. They can also simultaneously request an extension of stay for the treaty investor or affected employee. Form I-129 must include evidence to show that the treaty investor or affected employee continues to qualify for E-2 classification.
• It is not required to file a new Form I-129 to notify USCIS about non-substantive changes. You can contact USCIS to determine whether a change is considered substantive by filing Form I-129 with the filing fee and a complete description of the change.

Alternative #2: EB-5 Visa

Purpose: Investing in a Commercial Enterprise

Valid for: 2 Years

Path to Lawful Permanent Residency?: Yes, with Form I-829

The EB-5 visa is available to investors who actively create or maintain jobs for others in the United States. It’s valid for 2 years, during which time you’ll be a conditional lawful resident. At the end of those two years, you can apply to have your conditional status removed and become a lawful permanent resident.

Read: The Ultimate Guide on How to Get a Green Card

So how exactly do you qualify for an EB-5 visa? Let’s take a look at the requirements:

Commercial Enterprise Requirements

In order to qualify for an EB-5 visa, you must invest in a commercial enterprise. A "commercial enterprise" is a for-profit activity that’s used to conduct business—in other words, it’s a company, business, or business venture. For an EB-5 visa, you’ll need to either:

• Invest in a commercial enterprise that was created after November 29, 1990, OR
• Invest in a commercial enterprise that was created on or before November 29, 1990, IF
  • It’s been purchased and reorganized into a new commercial enterprise, OR
  • Your investment results in a 40% increase in the commercial enterprise’s net worth or number of employees.

You may also need to provide proof that you'll be involved in managing the commercial enterprise. This can be either day-to-day control or having a hand in policy formation.

Job Creation or Maintenance Requirements

Next, you’ll have to prove that your investment in the commercial enterprise creates or maintains jobs. You have the option of investing independently or through a regional center — see the next section for more information about regional centers.

If you’re investing on your own, you must prove that your investment will directly result in the creation of 10 new, full-time positions for qualifying employees. A qualifying employee is basically anybody who is authorized to work in the U.S. (not including you, your spouse, or your children). These 10 employees must be hired directly by the commercial enterprise you’re investing in.

If you’re investing in a regional center, you still have to prove that your investment will create 10 new full-time jobs. The only difference is that you can also count jobs that are indirectly created because of your investment. In other words, anyone who is hired because of your investment, even if they’re not hired directly by the commercial enterprise that you invest in, can count towards those 10 full-time jobs.

You also have the option of investing in a troubled business. A troubled business is any business that has been around for at least 2 years AND has incurred a 20% loss of net worth over the last 12 or 24 months. If you invest in a troubled business, instead of proving that you’re going to create new jobs, you can prove that you’re going to maintain the jobs that already exist. You’ll have to prove that the number of employees in the commercial enterprise won’t go down over the next 2 years.

Investment Requirements

You’ll have to invest capital in the commercial enterprise. Capital can be money, equipment, property, or anything that adds monetary value to the commercial enterprise. If you take out a loan to use in your investment, you have to use your own personal assets as collateral, not the assets of the commercial enterprise.

Normally, you have to invest at least $1 million. If you’re investing in a high unemployment or rural area, though, you’re only required to invest $500,000. A high unemployment area is any area that has an unemployment rate 150% or greater than the national average. A rural area is any area outside of a designated metropolitan statistical area or outside a city or town with a population of 20,000 or more people.

Investing in Regional Centers

If you’re interested in applying for the EB-5 visa, you can find a company or organization to invest in on your own. However, USCIS has also identified specific areas or organizations that you can invest in, called Regional Centers. These are places or organizations in the U.S. that promote economic growth.

Remember how you need to prove that your investment resulted in the creation of 10 new jobs? The benefit to investing in a regional center this is that you can count jobs that were indirectly created because of your investment, not just those jobs that the commercial enterprise created directly.

NOTE: The fact that USCIS has identified regional centers does not mean that they endorse them or that the regional centers are guaranteed to be a good place to invest. Be sure to investigate any business or regional center that you’re considering to make sure that investing there is a financially sound decision.

Apply for an EB-5 Visa: Forms and Filing Fees

There are a few steps you’ll need to take to get your EB-5 visa. Let’s take a look:

• File Form I-526 Petition. This is the first thing you’ll have to do. On this form, you’ll basically prove that you meet the requirements that we mentioned above. The filing fee for Form I-526 is $3,765.
• File Form I-485. You’ll do this once your Form I-526 petition is approved. Form I-485 is the Application to Register Permanent Residence or Adjust Status. You can use this to adjust your status to a conditional permanent resident. The filing fee for Form I-485 is usually $1,140, with an $85 biometric services fee. If you are outside the United States, you can file Form DS-260. Form DS-260 is filed at the U.S. consulate or embassy in the applicant's home nation.

Once your Form I-485 is approved, or once you enter the U.S. with your EB-5 visa, you and your family will be granted conditional permanent residence for two years.

• File Form I-829. This step is optional. If you’d like to stay in the United States after your two years are up, you can file Form I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status. You’ll need to file this within 90 days of the two-year deadline. If you don’t file Form I-829 before your two years are up, you could be removed from the United States.

Start: Removal of Conditions Application

Alternative #3: O-1 Visa

The Sciences, Arts, Education Business, & Athletics

Valid for: 2 Years

What is the O-1 Visa?

The O-1 visa is a temporary work visa for very talented nonimmigrants to come to the US. The purpose of the visit must be to further the ability for which the visa was granted.

Before the visa can be obtained, the nonimmigrants U.S. employer must file a petition. After the petition is accepted the nonimmigrant can apply for the visa at a US embassy or consulate.

O-1 Visa Petition Eligibility

The O-1 visa is for nonimmigrants who come to the U.S. who have a great ability or skill in the categories of:

• The sciences
• Arts
• Education business
• Athletics

OR

They, the visa beneficiary, have demonstrated their success through nationally or internationally recognized motion picture or television work.

For the skill/ ability to be recognized it must be at the very top of its field.

Types of O Visas

There are 4 types of O nonimmigrant visas.

• O-1A: for people with great ability in the sciences, education, business, or athletics
• O-1B: for people with great ability in the arts, or great achievement in motion picture/ television industry
• O-2: there are 4 subcategories, but it is for people who accompany O-1 visa holders
  • For people who accompany an artist or athlete (O-1) to help in a specific event or performance
  • For people who are an “integral part” of O-1A and O-1B visa holder’s performances
  • For people who are “essential” to the production of an O-1B’s motion picture or television
  • For people with crucial skills/ experience with an O-1 holder that are crucial to the visa holder’s success and cannot be performed easily by a US worker
• O-3: for spouses or children of O-1 and O-2 visa holders

This information will focus on the requirements for O-1 and O-2 visas only.

O-1 Visa Petition

Most of the time, the visa petition is filed by a U.S. employer. In certain situations, a foreign employer, U.S. agent, or association of U.S. agricultural employers may file the petition.

To get an O-1 visa you, the employer, must file Form I-129.

Note: A duplicate copy of the petition and all supporting documents MUST be submitted when filing.

Required Supporting Documents

Required documents to include in the petition are:

• A photocopy of each petition being filed (When filing for O-2 visa petitions with an O-1.)
• A $460 filing fee
• Evidentiary documents
• A biometrics appointment for the beneficiary of the petition (Failure to attend the appointment may result in delays or denials of the petition. The USCIS will contact the beneficiary to set up this appointment.)
• Form I-94

Breakdown of Evidentiary Documents

O-1A:

• A written consultation from a peer group or labor/ management organization with expertise in the field of the beneficiary.
• A copy of the contract between the beneficiary and employer or summary of oral agreement.
• The itinerary, explanation, and summary of events to be attended by the beneficiary.
• Evidence of the beneficiary’s abilities.
  • This could be:
    • a receipt of award for excellence in field,
    • documentation of beneficiary’s membership in associations that require outstanding achievement,
    • published work, evidence of original work (scholars),
    • major contributions to their field,
    • evidence of high salary within the field,
    • evidence of participation on a panel that judges other’s works in the field,
    • evidence of critical prior employment for organizations with distinguished reputations

For O-1B:

• A written consultation from a peer group or labor/ management organization with expertise in the field of the beneficiary. When the beneficiary’s accomplishments are in motion picture or television industries, individual consultations are required from the relevant organizations.
• A copy of any written contract between employer and beneficiary or summary of oral contract.
• Evidence that the beneficiary has received or been nominated for significant awards. Awards such as an Academy Award, Emmy, Grammy, or Director’s Guild Award. Or at least 3 of the following:
  • Evidence of past or future performances as lead or starring actor in productions/events with distinguished reputations. Reputations can be proved by critical reviews, advertisements, publicity releases, publication contracts, or endorsements.
  • Evidence of national or international recognition for efforts. Established by critical reviews, other material published about the individual in major newspapers, trade journals, magazines, or other publications.
  • Evidence of major commercial or critically acclaimed successes. Proven by title, rating, standing in the field, box office receipts, and other successes reported in publications.
  • Evidence of recognition form organizations, critics, government agencies, or other recognized experts.
  • Evidence of present or future high salary or other compensation for services in relation to others in the field.
  • Evidence of past or future roles as lead or starring role for organizations that have a distinguished reputation.

O-2:

Note: O-2 petitions must be filed with an O-1 petition.

• A written consultation.
  • If support is for an athlete or individual of achievement in the arts, it must be from an appropriate labor organization
  • If support is for an individual of achievement in motion pictures or television, it must be from appropriate labor and management organizations.
• Evidence the O-2 beneficiary is essential to the O-1 beneficiary’s efforts.
• Evidence of the O-2 beneficiary’s history of success with the skill they will be performing.
  • When in the case of a specific motion picture or television production, a significant production must take place outside the U.S. and will now take place in the U.S.. The evidence must then show the O-2 beneficiary’s continuing role is essential.

How long does an O-1 or O-2 visa last?

The initial visa may last up to 3 years. It is then possible to petition for an extension of stay.

The beneficiary may be in the U.S. 10 days before and after the visa validity dates.

Extension of Stay

An extension may last up to 1 year.

To petition a request of an extension of stay, file the Form I-129 again selecting the appropriate categories. A copy of the beneficiary’s Form I-94 and a letter explaining the request must be filed with the petition.

O-1 and O-2 Petition Processing Times

The Form I-129 should not be filed more than 6 months before the date employment in the U.S. is to begin. But no later than 45 days before the employment date.

Processing times vary based on each case, but the beneficiary usually receives the information for their biometrics appointment after 90 days. USCIS will then continue to process the petition before they send their decision in writing.

Note: A request for more information or an interview may delay your visa.

Changing Employers

If you are an O-1 visa holder and you want to change employers, your new employer must file a Form I-129. But only if your original employer was the one to file the I-129 before.

If an agency filed the I-129, an amended petition must be filed with evidence for the new employer and a request for an extension of stay.

TEAM WRITE BY:  Mallory Matheson, Luke Saunders, Tammy Lewis

Last Updated: May 12, 2020

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To many hopeful immigrants around the world, the Green Card Lottery is the “golden ticket” for entry into the United States. In many ways, Green Card Lottery, officially known as the Diversity Immigrant Visa program is a cheap and straightforward way to enter the U.S. Applying is free and fewer forms are needed than for the family-sponsored or employer-sponsored visas. The application window for the 2017 fiscal year closed in November and more than 19 million hopefuls applied for the Lottery. Only 50,000 visas will be awarded. Which means, only 1 in 386 applicants will be awarded a visa.  For many people, it is the best or only way to immigrate into the country. This is our comprehensive guide for getting a green card through the Green Card Lottery.

The Basics

What is the Green Card Lottery?

The Green Card Lottery, officially, the Diversity Immigrant Visa program is enacted in section 203(c) of the Immigration and Nationality Act and codified in title 8 section 1153 of the United States Code. President H. W. Bush signed it into law back in 1990. It came after a series of temporary diversity programs, as an attempt to broaden the range of admitted immigrants. At the time, it especially helped the Irish fleeing their country due to unrest.Although Diversity Immigrant Visa program is the official name, it is often referred to as the Diversity Visa Lottery or the Green Card Lottery, or some mixture of these terms. Immigrant visas awarded are often called diversity visas.To summarize the process, applicants apply; applicants are selected at random using a computer; selected applicants are then screened through an interview process; those that pass the screening process are awarded immigrant visas; upon entry into the U.S., they are awarded their green card.So, it is called both a visa lottery as well as Green Card lottery because winners are first given a visa which is then upgraded to a Green Card upon entry into the U.S.Officially, 55,000 visas are awarded, however, each year 5,000 goes to the NACARA program, dropping the available number down to 50,000. The Green Card Lottery is one of several peripheral immigration programs that exist outside the more common route of family or employer sponsorship.The Diversity Visa Lottery has come under some scrutiny lately and some lawmakers are even calling for it to end. Sayfullo Saipov infamously entered the country through the Diversity Lottery and then used his vehicle to slaughter innocent people in an act of terror.Read more about Trump’s bill to end the program.

What is a green card?

A green card is an identification card carried by lawful permanent residents. They receive it when they become authorized to live and work in the U.S. on a permanent basis. Perhaps most importantly, green card holders can apply for U.S. citizenship.The Green Card lottery compresses hassle of getting a visa and then obtaining a green card into a single process. About 1 million people are granted lawful permanent residency each year, so the Lottery makes up about 5% of those receiving green cards each year.Go here for our complete guide on getting a green card.

The Application for the Green Card Lottery

As visa applications go, applying for the Diversity Visa Lottery straightforward. It can be broken down into four main parts

1. Submitting your application
2. Getting selected
3. Passing the interview
4. Receiving your Green Card

Submitting your application

Each year, the U.S. Department of State publishes here the instructions on that year’s application process. Because the process takes a couple years, application years are given the name of the year in which their applicants will enter the U.S. So the application open in 2018 will be called DV-2020 because winners will enter the U.S. in 2020.To apply, you’ll submit your Electronic Diversity Visa Entry Form, E-DV Entry Form or DS-5501, online at dvlottery.state.gov. Applications can only be done online, only one entry is allowed per person, and submitting an application is free. Usually, the application process is only open for a limited time from October to November.The online application will ask you for basic background information including:

• Name
• Gender
• Birthdate
• City where you were born
• Country where you were born
• Country of eligibility for the Diversity Visa program
• Entrant photographs – these are individual photographs taken within the last six months of yourself, your spouse, and each of your children.
• Mailing Address
• Country where you live currently
• Phone number (optional)
• Email address
• Highest level of education you have achieved
• Current marital status
• Number of children

Married children and children who are already aged 21 or older when you submit your entry are not eligible to be included on your application.Most importantly, you must meet the three basic requirements. You must:

1. Be able to apply from an eligible country
2. Have completed high school OR have two years work experience
3. Be admissible

Requirement #1: The visa lottery countries

Not all countries are eligible for the green card lottery. Because the green card lottery is designed to admit immigrants from less common countries, countries with the highest rates of immigration are prohibited. The State Department uses a fairly complex formula to determine high-admission and low-admission countries and regions. If more than 50,000 immigrants have come from a country in the last five years, then that country will be ineligible.Areas with the fewest number of immigrants are prioritized. This equation has lately favored Africa and Eastern Europe and consistently disfavored the most populous countries. No single country may receive more than 3,500 DVs.In 2019, on the prohibited list was:

• Bangladesh
• Brazil
• Canada
• China (mainland-born)
• Colombia
• Dominican Republic
• El Salvador
• Haiti
• India
• Jamaica
• Mexico
• Nigeria
• Pakistan
• Peru
• Philippines
• South Korea
• United Kingdom (except Northern Ireland) and its dependent territories
• Vietnam

Natives from all other countries are eligible to apply. If you are from one of the prohibited countries, do not despair. Your country may be taken off the list in the future. Also, there are two other ways you might be able to qualify.

• Use your spouse’s country. If your spouse was born in an eligible country then you can claim your spouse’s country of birth. For this to work, both you and your spouse must be named on the selected entry, be found eligible and issued diversity visas, and enter the United States simultaneously.
• Use your parents’ country. If you were you born in an eligible country, but your parents were neither born in nor residents of that country, then you can claim the country of birth of one of your parents.

Requirement #2: School or work experience.

An applicant must also meet the second requirement. This can be done in one of two ways.

• Graduated from high school. You must have at least a high school education or its equivalent. This means you must have successfully completed a 12-year course of formal elementary and secondary education
• OR two years work experience. You must have two years of work experience within the past five years, in an occupation that requires at least two years of training or experience to perform.

For this second requirement, the State Department uses the U.S. Department of Labor’s O*Net Online database to determine qualifying work experience. It requires two years of training or experience that is designated as Job Zone 4 or 5, classified in a Specific Vocational Preparation rating of 7.0 or higher.

Requirement #3: Admissibility

Additionally, an applicant must be admissible to the US -- categories of inadmissibility to the US broadly include terrorism connections.Generally speaking, to be admissible, an applicant must not be inadmissible.The main categories of inadmissibility include health, criminal activity, national security, public charge, lack of labor certification, fraud and misrepresentation, prior removals, unlawful presence in the United States, and several miscellaneous categories. Sometimes, a person may apply for a waiver.

Getting Selected

The INA requires diversity visas to be distributed “strictly in a random order.”Around May 15 each year, applicants are notified through the online portal if their applications are accepted. For the few that are selected to continue the application process, this is a happy day; for the many not selected, they hope to find better luck in the year to come.It is important to note that not all selected at this stage will ultimately be submitted. About 100,000 applicants are selected at this stage. They will be narrowed down to 50,000. Try not to get ahead of yourself by selling your house, car, or other properties, quitting your job, or making travel arrangements; don’t do any of that stuff until after you actually have your visa.To proceed in the process, selected applicants must complete the online Form DS-260 application immediately to schedule an interview appointment at the appropriate U.S. Embassy or Consulate.

Passing the Interview

The next step in the process is the in-person interview. At this point, a fee is required to continue on to the interview:  $330 per person. Each family member who will accompany the applicant to the U.S. must be present.Fingerprints are recorded at the interview.An applicant must bring many things with them to the interview:

• Appointment Letter - Snag this from your appointment information from the Entrant Status Check on the Electronic Diversity Visa (E-DV) website.
• DS-260 Confirmation Page - Print this from the Consular Electronic Application Center any time after you complete your DS-260 application.
• Passport - You must have for each applicant an unexpired passport valid for six months beyond the intended date of entry into the United States.
• Photographs - Two identical color photographs for each applicant. Go here for requirements.
• Medical Exam Results - You and each family member applying for a visa with you must schedule a medical appointment with an authorized physician in the country where you will be interviewed. This examination and required vaccinations must be completed before your interview. The results may be mailed to the Embassy or Consulate or you may need to bring them with you yourself.

Beyond this, a long list of documents is required. For each document, you must have:

• An original or certified copy
• A photocopy
• A certified translation, if the original document is not in english.

Required documents could include all applicable civil documents

• Documents demonstrating the requisite qualifying education or work experience
• Birth certificates
• Court and prison records
• Deportation documentation
• Marriage certificate
• Marriage termination documentation
• Military records
• Police records
• Custody documentation

Read this to understand consular processing.

Receiving your Green Card

At the end of the interview, the consular officer will inform you whether your visa application is approved or denied. If denied, then your passport comes back empty. If approved, your passport will be returned to you with a nice, new, beautiful visa.Time to pack your bags! You are coming to America.A diversity visa is usually valid for up to six months. So an applicant must arrive and apply for admission in the United States before the expiration date on the visa.Of course, there is one more fee. You must pay the USCIS Immigrant Fee to USCIS after you receive your immigrant visa and before you travel to the United States. Currently, it’s $220.The primary applicant must come before or at the same time as other family members with visas.  At this point, your diversity visa will grant you entry to the U.S., although that entry is not 100 percent guaranteed. Any immigrant still must conform with the Customs entry requirements.If you are admitted, you will now be a lawful Permanent Resident, a green card holder. Congratulations!After you are admitted to the United States, USCIS will mail your green card to the address you provided to the State Department at the time of your immigrant visa interview or to Customs at the time you arrived in the United States.You will be allowed to work and live permanently in the United States.

What if I’m already on a visa in the U.S. and I win the Green Card Lottery?

If you are already in the U.S. under a lawful immigrant or nonimmigrant status and you win the green card lottery, you can apply for a change of status to receive your green card. This process is done through USCIS. Your application with USCIS must be completed by September 30 of the fiscal year the lottery pertains to.You must:

• Have won the Green Card Lottery
• Have an immigrant visa immediately available at the time of filing an adjustment application Form I-485, and
• Be admissible to the United States.

To obtain the Green Card, you must file Form I-485, change of status request. Read this tutorial.You’ll need to provide these documents:

• Two passport-style photos
• Copy of birth certificate
• Form I-693, Report of Medical Examination and Vaccination Record
• Copy of passport page with nonimmigrant visa (if applicable)
• Copy of passport page with admission (entry) or parole stamp (if applicable)
• Form I-94, Arrival/Departure Record
• Certified copies of court records (if you have been arrested)
• Copy of your selection letter for the Lottery
• Copy of the receipt for the diversity visa lottery processing fee
• Form I-601, Application for Waiver of Grounds of Inadmissibility (if applicable)
• Applicable fees

The Happy Ending

Now that you have a Green Card, you must keep it safe and keep it in your possession at all times. It is valid for 10 years.You should renew your green card when it has 6 months left or request a new one if it was lost or stolen by filing the Form I-90You can use your Green Card to:

• Prove employment eligibility in the United States when completing the Form I-9
• Apply for a Social Security Card
• Get a state-issued driver’s license.
• Re-enter the U.S. after a trip abroad if you do not leave for longer than 1 year. If your trip will last longer than 1 year, a reentry permit is needed.
• Sponsor family members to come on over next!

Last Updated: May 13, 2022.

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So you've submitted your Form I-131 and are ready to travel outside of the United States. But where exactly can you go? Here's a simple guide to international travel after submitting Form I-131.

Getting your Travel Document

Submitting Form I-131 alone isn't going to allow you to travel. Form I-131 is actually an application for a travel document, which you can use for some types of travel. There are four different types of travel documents that you can get, based on your immigration status:

• Advance Parole
• Refugee Travel Document
• Re-entry Permit
• Carrier Documentation

Traveling with a Travel Document

So where can you go with a travel document? It depends. Each country decides its own policy in regards to U.S. travel documents. Some countries will require a tourist visa, others will not. Some countries also require immunizations or have other travel requirements.In general, you should plan your trip carefully to make sure you'll meet the travel requirements for each country that you're planning on visiting. Check out the Department of State's website for information about countries and their travel requirements. Don't forget that if you have a passport from your country of origin, you can use that for international travel as well.

Returning to the United States

The most important thing that your travel document does is that it lets you get back into the U.S. after your trip is over. If you don't have a travel document with you, you'll have a hard time getting back in. That's why it's important to submit Form I-131 and receive your travel document BEFORE you leave.If you're a lawful or conditional permanent resident and are planning to be abroad for over a year, you should apply for a Re-entry Permit. This will allow you to apply for admission to the U.S. after your trip without having to get a returning resident visa. For more instructions on traveling outside the U.S. for lawful permanent residents, click here. If your Re-entry Permit or green card is lost or destroyed while you're abroad, you'll need to submit Form I-131A, which will allow you to get Carrier Documentation. Carrier Documentation is basically a travel document that you can show to an airline or other transportation service so that they'll take you to the U.S.If you have asylum or refugee status and are NOT a lawful permanent resident, you'll need a Refugee Travel Document to get back into the U.S. unless you have an Advance Parole Document.If you're still in the process of adjusting your residency status or applying for asylum, you'll need an Advance Parole Document. If you leave the country without an Advance Parole Document, your application will be considered abandoned unless you fall into one of these categories:

• H-1 temporary worker (or H-4 spouse or child of H-1)
• L-1 intracompany transferee (or L-2 spouse or child of L-1)
• K-3 spouse or K-4 child of a U.S. citizen
• V-1 spouse or V-2/V-3 child of a lawful permanent resident

If you do fall into one of these categories, you'll still need to present your valid nonimmigrant visa upon returning to the U.S.Enjoy your trip!

Ways to fill out the Form I-131

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Print & Fill Out Paper Form

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Last Updated: Feb. 7, 2020.

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Do you have a family member that is applying for legal permanent residency?

Are you going to be the sponsor? Do you meet all the requirements to be a sponsor?

This guide will help you figure out if you meet the requirements for being a sponsor.

What is a financial sponsor?

Being a financial sponsor to an immigrant means the U.S. Government will consider your income and assets (such as checking and savings accounts, stocks, bonds, or property) as available to support the potential immigrant.

Who can sponsor? Who needs a sponsor?

You may sponsor a relative, an employee, or a prospective or currently adopted child wishing to immigrate to the United States. If you filed an immigrant visa petition for your relative, you must be the sponsor.

Anyone applying to be a permanent resident through a family member must have a financial sponsor. A sponsor is also required for a family member coming to work for a relative, or for a company in which a relative owns 5 percent or more of the company.

Am I eligible to become a sponsor?

To qualify to be a financial sponsor for a green card applicant, you must meet the following requirements:

1. You must be at least 18 years old and a U.S. citizen or permanent resident.
2. You must have a domicile in either the U.S. or a U.S. territory or possession (i.e. you must live there).
3. You must prove an income level at or above 125 percent of the Federal poverty level (100 percent for active duty military personnel).
4. You must submit an affidavit of support, which can be done by submitting Form I-864.

Income requirement to be a financial sponsor?

You must prove an income level at or above 125 percent of the Federal poverty level. (For active duty military personnel, the income requirement is 100 percent of the poverty level when sponsoring a husband, wife, or children.) Federal poverty levels are updated each year by the Department of Health and Human Services.

You can check current minimums at their website at www.aspe.hhs.gov.

What is Form I-864?

Form I-864 acts as an affidavit of support, which is a document an individual signs to accept financial responsibility for another person, usually a relative, who is coming to the United States to live permanently. The form proves that the immigrant has the financial means to live in the United States without needing welfare or financial benefits from the U.S. government. The person who signs the affidavit of support becomes the sponsor of the relative (or other individual) coming to live in the United States. The sponsor is usually the petitioner of an immigrant petition for a family member.

As the sponsor, you should fill out Form I-864 when your relative is about to submit an application for adjustment to permanent resident status with the USCIS or with an Immigration Court in the United States.

What if I don't meet the financial requirements?

If your income alone does not meet the requirement, your assets (such as checking and savings accounts, stocks, bonds, or property) may be considered in determining your financial ability. You may also submit the I-864 as a joint sponsor or a substitute sponsor.

What is a joint sponsor?

A joint sponsor is someone who is willing to accept legal responsibility for supporting your immigrating family member with you. A joint sponsor must meet all the same requirements as you; however, the joint sponsor does not need to be related to the immigrant.

The joint sponsor (or his or her household) must reach the 125% income requirement alone. You cannot combine your income with that of a joint sponsor to meet the income requirement.

Does a joint sponsor also need to fill out I-864?

Yes, a joint sponsor must also fill out Form I-864. Additionally, if you are using the income of other household members to qualify, then each household member must complete a separate Form I-864A.

What documentation do I need to fill out Form I-864?

You must provide the following documentation to fill out Form I-864:

• Your U.S. federal income tax return for the most recent tax year.
• Proof of current employment.

How do I submit Form I-864

Upon completing Form I-864, compiling the necessary documentation, and having the affidavit (or form I-864) notarized in the United States or before a U.S. consular or immigration officer, you should provide this packet of information to your relative to submit with his or her application for permanent resident status. If you are given specific instructions to file your affidavit of support directly with the National Visa Center, you should follow those instructions.

What is the cost to submit Form I-864?

There is no filing fee. However, the National Visa Center (NVC) does send the sponsor a processing fee before the case will be processed.

How long am I responsible for the immigrant?

The sponsor's legal financial responsibility usually lasts until the immigrant either becomes a U.S. citizen, can be credited with 40 quarters of work (usually 10 years), leaves the U.S. permanently, or dies.

Do I need to inform USCIS if I move or change addresses as a sponsor?

Yes, by legal requirement. If you change your address, you will need to file a Form I-865, Sponsor’s Notice of Change of Address, within 30 days after the date of your move.

What if I fail to provide financial support?

An affidavit of support is legally enforceable against a sponsor. If a sponsor does not provide basic support to the immigrants they sponsor, the individuals sponsored may receive “means-tested public benefits.” If the individual you sponsored receives any of these public benefits, you are responsible for repaying the cost of those benefits to the agency that provided them. If you do not repay the debt, the agency or sponsored immigrants can sue you in court to receive the money owed. When the immigrant sues, he or she can collect enough money to bring his or her income up to 125% of the amount listed in the U.S. government’s Poverty Guidelines.

Additionally, bankruptcy does not necessarily terminate a sponsor’s I-864 obligations. While most debts and contractual obligations are dischargeable in bankruptcy, “domestic support obligations” are not dischargeable. Such obligations are defined as alimony, maintenance, or support owed to or recoverable by one’s spouse, former spouse, or child. By United States court decisions, these also include I-864 support obligations.

Forms for Financial Sponsorship

• Form I-864 | Affidavit of Support Under Section 213A of the INA
• Form I-864A | Contract Between Sponsor and Household Member
• Form I-864EZ | Affidavit of Support Under Section 213A of the Act
• Form I-864P | HHS Poverty Guidelines for Affidavit of Support
• Form I-864W | Request for Exemption for Intending Immigrant's Affidavit of Support

Additional Facts and Data

• Of all 2015 accepted Green Card applicants, 44% were immediate relatives of U.S. citizens, 20% were other family members of citizens and lawful permanent residents, 14% were individuals in employment-related cases, 11% were refugees, and 3% were individuals granted asylum, according to a Pew Research Center study.
• Each year, the USCIS receives and processes about 6 million immigration applications from individuals and employers. According to the Department of Homeland Security (DHS), the United States issued green cards to nearly 1 million applicants in 2013. This number has remained relatively constant throughout the following years.

Last Updated: January 15, 2020.

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What does good moral character mean?

Congratulations on working toward becoming a citizen of the United States! In addition to meeting residency requirements as a legal permanent resident and other elements of the Form N-400 Application for Naturalization, the United States Citizenship and Immigration Services must deem you a person of “good moral character” (or GMC) to be granted citizenship. According to the USCIS Policy Manual, good moral character means that a person’s conduct “measures up to the standards of average citizens of the community in which the applicant resides.”  The goal is to assure that only law-abiding, productive members of society receive the benefits and responsibilities of U.S. citizens.

How to become a United States Citizen

Rather than sit down to dinner with you to discuss your moral convictions, the USCIS has its own system, which mostly defined in the negative (like proving that you haven’t committed crimes and don't lie). Your good moral character is based on USCIS officers’ assessment of your personal legal record, your application for naturalization and your oral interview, according to laws that Congress has passed. This article answers some key questions about how GMC is determined.

What time period is good moral character based on?

5 years (or 3 years if you are applying under the special rules as a spouse of a U.S. citizen) immediately before filing for citizenship. This is the “statutory period.” It is the same as the number of years as you were required to live as a legal permanent resident with a green card before filing for citizenship. This is the time period that the USICS will thoroughly examine any immoral conduct that could threaten your citizenship application. However, the USICS has the freedom to examine activities during your entire life. The time between filing for naturalization until your oath of citizenship can also affect eligibility.

What doesn’t help to prove good moral character?

Past crimes and other negative activities can set up “bars” to your naturalization process. These bars can delay or permanently block naturalization, depending on the seriousness of the crime. Many of these have to do with “crimes of moral turpitude,” or crimes that demonstrate a lack of moral character. Some more serious ones are also grounds for deportation. Here are several to be aware of:

• Any crime against a person with intent to harm
• Fraudulent green card activity or false testimony for the purpose of obtaining an immigration benefit
• Violation of controlled substance (drug) laws
• Habitual drunkenness
• Gambling offenses
• Shoplifting or theft
• Prostitution
• Failing to pay court-ordered child support or alimony payments,
• Failing to complete any probation, parole, or suspended sentence before applying for naturalization.
• Smuggling aliens into the U.S.
• Not registering with the U.S. Selected Service System while between the ages of 18 and 25 if you are male.
• Two or more of any crimes for which 5 or more years were spent in jail
• Jail time of 180 days or more during the past 5 years

People who have been convicted of murder at any time cannot become U.S. citizens. The same goes for those convicted of another aggravated felony (including drug trafficking and armed bank robbery, as well as lesser crimes like bribery or counterfeiting) after November 29, 1990. These are permanent bars.

What does help to prove good moral character?

• Honesty. Tell the truth in your answers on the N-400 application and when asked any questions by USCIS personal, especially regarding your history with law enforcement. Be thorough in reporting even incidents like a simple traffic ticket. Failure to tell the truth can become a much more serious concern than the violation itself. Lying shows a lack of moral character.
• This is optional, but it may be useful to provide letters from people such as neighbors, church or other religious leaders, and employers who can vouch for your good moral character. Letters should positive examples of how you live your life and contribute to U.S. society.

Concerned about your GMC?

• Remember that you don’t need to be a saint to be considered “of good moral character.” Your moral character and personal standards likely exceed the necessary qualifications. If you don’t have criminal convictions, and are generally a law-abiding member of your neighborhood, it shouldn’t be too difficult to show good moral character. Just be sure to honest in all of your descriptions.
• If a minor crime or activity that may show a lack of good moral character applies to you, you may consider waiting until the statutory 5 years have gone by with a “clean” record before applying. You should also be prepared to prove solid employment and family and community involvement within those 5 years to show reformed character and conduct.
• Seek additional help from legal experts or attorneys before submitting your application for naturalization if you have more concerns.

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