General Immigration Information

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

Fill Out On a Computer

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SimpleCitizen's Application Builder

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Print & Fill Out Paper Form

Print the PDF and fill by hand with black pen.

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Hire a Legal Professional

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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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Are you an international student that just graduated and not sure what to do next?

Do you want to stay in the United States? If so, this article covers 3 options that may be available for you.

If you came to the United States with an F-1 student visa, you have 3 way to stay in the United States:

1. OPT - Optional Practical Training

Optional Practical Training (OPT) is an option for F-1 Visa students who have recently graduated.

OPT is temporary employment authorization, and your employment must be related to your F-1 area of study. Students who are eligible may apply to receive up to one year of OPT employment authorization.

If your degree is in certain science, technology, engineering, and math (STEM) fields, you may apply for a two-year extension of your OPT.

2. Apply for a Non-Immigrant Work Visa

H-1B Specialty Occupations

The H-1B visa is a nonimmigrant visa that allows immigrants to temporarily work in high-skilled occupations. Immigrants applying for an H-1B visa are required to have specialized knowledge and a bachelor’s degree or higher or its equivalent.

Most H-1B occupations are in fields such as science, engineering, and information technology.

E-1/E-2 Treaty Trader and Investor

The E-1 visa is a treaty trader visa, and it is for immigrants who come from countries that have a treaty of commerce with the United States. Applicants must have "substantial" trade in goods between the United States and their home country.

The E-2 visa is also for immigrants who are from countries that have a treaty of commerce with the United States. They must have invested, or are actively in the process of investing, a "substantial" amount of capital in a U.S. enterprise.

L-1 Intracompany Transferee Visa

The L-1 is another nonimmigrant visa, and it is for workers who are employed outside of the U.S. and are transferring to the U.S. This visa also allows a foreign company to send an executive or manager to the United States to establish a U.S. office.

While these visas will allow you to remain in the United States, they will not allow you to stay permanently. If you wish to stay in the U.S. longer, obtaining a Green Card may be necessary.

3. Apply for a Green Card

Adjustment of status is the process through which temporary immigrants in the United States (such as students, tourists, foreign employees, etc.) can become lawful permanent residents (Green Card holders) without ever having to leave the U.S. (If you are outside of the United States, the only path to immigrate to the country is through consular processing).

The best options for obtaining a Green Card as an international student are through immediate family sponsorship, asylum status, the Green Card lottery, employment sponsorship, or select military service.

For more info about getting a green card, go to our Comprehensive Guide on How to Get a Green Card.

Photo Credits:

Billetto EditorialHelloquenceJuan Ramos

Last Updated: September, 2017.

The travel ban just got bigger.

President Trump added three new countries to the travel ban list: Chad, North Korea, and Venezuela.

"Making America Safe if my number one priority. We will not admit those into our country we cannot safely vet."
— Donald J. Trump (@realDonaldTrump) September 24, 2017

Let’s rewind a bit and figure out why these new countries were added.

In March 2017, President Trump issued Executive Order 13780. The order initiated the Department of Homeland Security to conduct a review of 200 countries to determine which countries pose the largest security threat to the United States.

In July, the DHS review was completed, and then on September 24, 2017, President Trump announced indefinite travel restrictions on the three new countries: Chad, North Korea, and Venezuela. The five original countries remained on the list: Iran, Libya, Syria, Somalia and Yemen. However, Sudan, an original member of the group, was removed.

The ACLU announced that it will challenge President Trump’s new travel ban. Originally, the Supreme Court was going to hear arguments regarding the legality of the travel ban on October 10. However, the Supreme Court announced that they are postponing hearing any arguments until both the government and those opposed, file new briefs addressing the new restrictions.

Critics have noted that this new ban doesn't seem to really address its anti-terrorism and public safety goals entirely, as countries like Saudi Arabia, the United Arab Emirates, Afghanistan, and Pakistan remain off the list.

In this article we'll break down this much-discussed presidential proclamation, section-by-section:

• Section 1: Establishes baseline requirements countries have to meet.
• Section 2: Lists suspended countries Section 3: Provides some exceptions and limitations.
• Section 4: Countries can get off the list.
• Section 5: DHS will report to the President.
• Section 6: Provides various rules for enforcement.
• Section 7: Ban starts on October 18.
• Section 8: Ban will continue even if one section is invalid.
• Section 9: Ban will not impede the executive agencies.

SECTION 1: Establishes baseline requirements for countries

From the get-go, the executive order states that the purpose of the reinvigorated travel ban is to protect United States citizens from terrorist attacks and public safety threats. In order to determine which country poses a terrorist or security threat, DHS assessed each country under the following categories:

• Identity-management information: the country in question will need to have thorough in-country security processes that ensure the integrity of documents. For example, Homeland Security will assess whether the country issues electronic passports and how the government detects fraudulent documents.
• National security and public-safety information: the country in question will need to inform the United States as to whether a citizen posses a security threat by providing the U.S. background information on the traveler.
• National security and public-safety risk assessment: the U.S. will conduct an overall assessment of whether a country is a terrorist or security threat.

After assessing the 200 countries using the above-mentioned criteria, 47 countries were deemed to be “inadequate” and “at-risk.” They were given 50 days to improve their security procedures by applying the security protocols above.

Following the 50-day trial period, countries which failed were placed on travel ban due to their “inadequate” traveling security protocols in place.

After the trial period, the Secretary of Homeland Security recommended a list of countries that require travel restrictions. Not all restrictions are created equal though. Some countries such as Iran will still permit student visas, but all nonimmigrants and immigrants will be barred entry from North Korea and Syria.

SECTION 2: Chad, Iran, Libya, North Korea, Syria, Venezuela, Yemen, Somalia are suspended

Nationals from the following countries have restricted entry into the United States because they have not adequately addressed the security criteria listed in section 1. Highlights from the Executive Order detailing why certain countries were included are found below:

1. Chad
   • “Chad does not adequately share public-safety and terrorism-related information and fails to satisfy at least one key risk criterion.”
2. Iran
   • “Iran regularly fails to cooperate with the United States Government in identifying security risks, fails to satisfy at least one key risk criterion, is the source of significant terrorist threats, and fails to receive its nationals subject to final orders of removal from the United States.”
3. Libya
   • “Libya fails to satisfy at least one key risk criterion and has been assessed to be not fully cooperative with respect to receiving its nationals subject to final orders of removal from the United States.”
4. North Korea
   • “North Korea does not cooperate with the United States Government in any respect and fails to satisfy all information-sharing requirements.”
5. Syria
   • “Syria has significant inadequacies in identity-management protocols, fails to share public-safety and terrorism information, and fails to satisfy at least one key risk criterion.”
6. Venezuela
   • “Venezuela has adopted many of the baseline standards identified by the Secretary of Homeland Security and in section 1 of this proclamation, but its government is uncooperative in verifying whether its citizens pose national security or public-safety threats.”
7. Yemen
   • “The government of Yemen fails to satisfy critical identity-management requirements, does not share public-safety and terrorism-related information adequately, and fails to satisfy at least one key risk criterion.”
8. Somalia
   • “Somalia has significant identity-management deficiencies.  For example, while Somalia issues an electronic passport, the United States and many other countries do not recognize it. A persistent terrorist threat also emanates from Somalia's territory.”

SECTION 3: Provides some exceptions and limitations

The ban only applies to foreign nationals who:

• Live outside the United States
• Do not have a valid visa as per section 7
• Do not qualify for a visa as per section 6(d)

Exceptions to the ban include:

• Lawful resident of United States
• Documentation that is not a visa, such as a transportation letter
• Dual nationality
• Diplomatic passports
• Those with asylum

Waivers can be granted to those seeking entry on a case-by-case basis. For example, if the individual seeking entry can prove that she is not a security risk, has been issued visas previously for work or study, and if the person’s entry would be in the United State’s interest. Several more exceptions are listed under section 3(c).

SECTION 4: Countries can get off the list

Every 180 days, the Secretary of Homeland Security, in consultation with the Secretary of State, will reassess whether or not a country should remain on the banned list, using criteria from section 1. The restrictions placed on the country can be modified in various ways, whether that be by removing all restrictions or only maintaining limited restrictions on the country.

SECTION 5: DHS will report to the President

The Secretary of Homeland Security will send periodic reports and updates to the President on the United State’s procedures implemented for vetting foreign nationals, such as:

• The biometric and biographic data is the government collecting;
• The number of errors made in collecting this information;
• The procedures related to screening and vetting set forth by the Department of State's Bureau of Consular Affairs.

SECTION 6: Provides various rules for enforcement

The ban will comply with applicable laws and regulations, working with both domestic and international organizations, “to ensure efficient, effective, and appropriate” implementation. This section also notes that foreign nationals who have a credible claim of fear or persecution will have an opportunity for entry. This section addresses a slew of miscellaneous enforcement measures such as:

• The Secretary of State and the Secretary of Homeland Security will comply with all applicable laws and regulations.
• No immigrant or nonimmigrant visa issued before the applicable effective date under section 7 will be revoked.
• Any individual whose visa was marked revoked or marked canceled as a result of Executive Order 13769 of January 27, 2017 (Protecting the Nation from Foreign Terrorist Entry into the United States) will be permitted to have a traveling document.
• This proclamation shall not apply to an individual who has been granted asylum by the United States, to a refugee who has already been admitted to the United States, or to an individual granted withholding of removal or protection under the Convention Against Torture.

SECTION 7: Ban starts on October 18

On October 18, 2017, all foreign nationals from Iran, Libya, Syria, Yemen, Chad, North Korea, and Venezuela will have restricted entry into the United States.

SECTION 8: Ban will continue even if one section is invalid

This section essentially states that if any portion of the ban is held to be invalid, barring the invalid sections, the remainder of the ban will still remain in place.

SECTION 9: Ban will not impede the executive agencies

This proclamation will not be read in any way that impairs the function of the executive department or its agencies.

Key Takeaways

• Unlike the 120-day refugee ban, this travel restriction could remain indefinitely.
• Most of the countries included are primarily Muslim.
• This ban implements a more methodological framework explaining why certain foreign nationals are banned, more so than the previous travel ban.
• Countries will continuously be added or removed from the banned list depending on whether they improve their in-country security protocols.

Last Updated: Jan 15, 2020

The Department of Homeland Security (DHS) will Monitor Social Media in US Immigration Process

The Department of Homeland Security (DHS) will now be tapping into immigrants' social media beginning October 18th. If you've read the article on Trump's newest travel ban, you might find the date familiar. That's because October 18th is also the same day when the updated travel restrictions take place. This data-collection step will rope in everyone who is an immigrant, including green card holders and naturalized citizens. It doesn't stop there. DHS will also monitor communication from anyone with these individuals via social media.

Even though tapping into social media accounts has been in the discussions for a while, the DHS started to draft out a detailed plan after the mass shooting at San Bernardino, California. It aims to detect any hint of terroristic motive, primarily from groups such as the Islamic State, otherwise known as ISIS. As a response to this data collection policy, many privacy-advocacy groups voiced serious concern on the infringement of privacy. Some accused the measure as part of Trump administration's signature move on anti-immigration. Though the procedure has become comparatively draconian, the federal government was already asking immigrants and visitors to share their social media information for the four pilot screening program during the Obama administration. Through its evolution, DHS officials say this protocol listed specific items that the government will be collecting, which is more detailed than its predecessors, but privacy advocates are worried that the language regarding search results and conversations on social media still remain vague. We will walk you through the details, giving you the most recent update at your finger tips.

This implementation, DHS stated, will mark social media account information such as handles, alias, search results, and any other associated identification as official records. These collected data will become part of immigration files, also called Alien File. The department stated that the data will be collected from "publicly available information obtained from the internet, public records, public institutions, interviewees, and commercial data providers." However, it did not explain which commercial data providers are on the list. Department officials say this measure is not new because the U.S. Citizenship and Immigration Services has already been collecting information on immigrants applying for visas and citizenships. Although the department won't be recording additional social media data from naturalized U.S. citizens, officials say they may still keep information on file from when those individuals applied for citizenship up until the time they applied for citizenship.

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Opponents of data collection and social media monitoring criticizes how these actions violate the Privacy Act of 1974. [/caption]

Mikayla Mallek

Since the 2015 mass shooting in San Bernardino, lawmakers felt increasingly alert how terrorist groups are using social media to conspire with others. Tashfeen Malik, one of the two attackers, voiced strong support for jihad and carried conversations on social media but the posted comments were only available to a small group of friends. Since then, DHS has been under pressure to lay out a more detailed social media monitoring plan. It incorporated social media searches into the visa application, particularly on those who were applying for the fiancé visas. Then in 2016 the department included a new section in the travel form for visitors arriving in U.S. The addition asks for visa waivers to provide their social media handles used in the past five years. Recently, DHS proposed that it will start requesting persons coming from any one of the countries on the travel ban list to provide not only their social media accounts but also their passwords. These changes demonstrated an intensified vetting process since the Obama administration. Previously social media screening was only applied to Syrian refugees entering U.S. soil, particularly those flagged by match on the intelligence database or if an official found something of concern during the interview process. Opponents of data collection and social media monitoring criticizes how these actions violate the Privacy Act of 1974. They add that the federal government is slowly blurring the line that protects people's freedom of speech on the Internet.

Be More Aware of Your Online Presence

With each step of increasingly careful monitoring of social media, immigrants are growing weary of it being an infringement to their freedom of expression. One of Engadget's (an online publication about all things tech and then some) editor, Cherlynn Low, wrote about her struggle between authenticity and fear of being flagged for something she posed on Instagram. Another, Sam Sinai who has a Iran-U.S. dual citizen studying at Harvard University was questioned by the US Customs and Border Protection agents. They told him he was selected for extra screening and they asked him about his political beliefs. Sinai has experienced extra screenings before upon returning to U.S. from his visit to Iran, but what caught him off guard was the additional question regarding his political view. As he walked away, Sinai says he couldn't help but think why the extra question, and then it dawned on him. They checked him online. Sinai has published articles on Iran-U.S. relation and answered questions regarding Iran on the Internet. Since that experience, Sinai says now he has reasons to be more aware of his online presence.

Faiz Shakir, the national political director for the American Civil Liberties Union, calls this the "chilling effect". He says individuals of immigrant background will feel restricted regarding what they can and cannot say. In addition, those along his school of thoughts raised several other concerns such as lack of confirmation on the success of previous pilot program, no assurance against bots automatically including even the wrong targets, no clear way of predicting people's behavior, and its effectiveness questionable. DHS' spokeswoman Joanne Talbot told NPR that the department has been collecting social media data from immigrants since a policy adopted back in 2012. Talbot says the department is not using new method rather it's continuing to collect publicly-available information as it has been since 5 years ago. She also said the department is specifying the type of information collected in an effort to be more transparent.

The DHS took additional measure to demonstrate transparency such as publishing a report in February about the department's social media data collection and providing an online platform to anyone interested in voicing their opinions on the federal tracking of immigrants' social media.

Last Updated: December 2022.

The Form I-797 is a document the United States Citizenship and Immigration Services (USCIS) uses to communicate with applicants.

The most common reason we see form I-797s be sent to our customers is when USCIS is issuing them receipt notices for their application. USCIS will send applicants Form I-797 approximately 4-6 weeks after the applicant submits an application to them. The purpose of this form is to notify the applicant that USCIS has received the application and has started processing it.

Please Note: Make sure to keep a copy of all I-797 forms for your personal records. They can commonly be used as evidence for other USCIS forms you may fill out.

How to Read an I-797 Form? 

This is what an I-797 Form looks like: 

Here are some general areas to look for when reading your receipt notice: 

There are seven different I-797 forms and each serve a different purpose as outlined in this article: 

1. Form I-797, Notice of Action: Receipt Notice
2. Form I-797A, Notice of Action: Replacement for an I-94 Form 
3. Form I-797B, Notice of Action: Form I-140, Petition for Alien Worker
4. Form I-797C, Notice of Action: Important Information
5. Form I-797D: Includes a Benefit Card
6. Form I-797E, Notice of Action: Request for Evidence
7. I-797F, Transportation Letter: Travel Permit

1. Form I-797, Notice of Action: Receipt Notice

This I-797 form is simply a receipt informing you that the application or petition has been received or approved. Note that this is just the receipt, not the official document. Therefore this document cannot be used to work or travel. 

However, the form is still very useful. It gives you information about your application, including your receipt number. Your receipt number is a 13-digit-long code you can use to track your case online. Simply use this USCIS Case Status Checker.

If you lose your receipt number, you can schedule an InfoPass appointment where you’ll meet with a USCIS officer who can provide you with information about your case. USCIS will require that you bring valid identification to the appointment. You may also request this information through USCIS’s live chat option, or call USCIS directly at 1(800) 375-5283. 

For many cases, USCIS also sends out a separate notice that will have instructions for setting up your Online USCIS Account.  

2. Form I-797A, Notice of Action: Replacement for an I-94 Form

Form I-797A Notice of action is sent as a replacement for the Form I-94 for applicants already in the U.S. This typically means that a change of status application has been approved and the immigrant is legally able to stay in the U.S. up until their new I-94 expiration date. The Form I-94 can be found at the bottom of Form I-797A and functions as the official document. The body of the document will provide additional guidelines. This form includes the date of admission, the class of admission, and the date to which they are admitted to stay.

Here is what an I-797A, with the replacement I-94 Form looks like. It includes an I-94 number, which is usually the same number as your original I-94, new VALID FROM and ADMIT UNTIL dates, and the new, or extended Class of Entry description. 

To find the new I-94 portion, you can check in the following spots of the form: 

Please note: If you have not filed for a change or extension of status within the U.S., you will need to obtain your I-94 directly through the U.S. Customs and Border Protection website. To increase efficiency, reduce operating costs, and streamline the admissions process, U.S. Customs and Border Protection (CBP) has automated the I-94 Form. The paper document is only given in limited circumstances. If you need a copy of your Form I-94, you may request it here.

Please note: If you originally received a paper I-94 before the CBP automated them online, and it has since been lost, you may need to submit a Form I-102 with USCIS in order to receive a replacement. For more information on this, please see here. 

3. Form I-797B, Notice of Action: Form I-140, Petition for Alien Worker

Form I-797B is issued when the applicant submits Form I-140, Immigrant Petition for Alien Worker. The body of the document will include instructions. The bottom section will include important information for admission to the U.S. depending on the applicant’s circumstance, like all I-797 forms, this form will include details about your application. 

Please note: The I-797B Form is required for any Employment-Based Adjustment of Status Applications. 

4. Form I-797C, Notice of Action: Important Information

This is perhaps the most common I-797 form. It is very important that you read this document carefully as it usually tells you the next step in the application process. In addition to the regular information, the Form I-797C will inform the applicant of a rejection, transfer, re-opening, or scheduled/re-scheduled appointment.

Form I-797C is also the form that will come separately, at the same time or a few weeks after, the initial receipt notices that will include instructions for setting up your Online USCIS Account. For more information on this, please go to USCIS’s website here.

Typical appointments include a biometrics appointment or an interview with a USCIS officer. If you receive a Form I-797C, pay close attention to what it says. Ignoring or misreading the instructions can delay your case.

5. Form I-797D, Notice of Action: Includes a Benefit Card

The Form I-797D will generally include a benefit card. This could be a green card or another official document such as an Employment Authorization Document (EAD) or Advance Parole. Like the regular I-797 form, you will not need to do anything with this form. However, it is still important to keep a copy for your personal records.

6. Form I-797E, Notice of Action: Request for Evidence

Many USCIS forms require additional evidence. This is called a Request for Evidence (RFE). If the USCIS does not receive all the required evidence in an application, they will send the form I-797E. In this form, they will explain the issues with the evidence already provided or simply state that no evidence was included.

If you receive this form, make sure to read it carefully! The Form I-797E will often include a time limit and specific instructions. If you never respond to a request for evidence, your application will most likely be denied.

When responding to a Request for Evidence: Only submit photocopies of official documents unless original documents are specifically requested because the USCIS will not return evidence to you and will most likely destroy it after the case is closed.

Click here for more information about responding to Requests for Evidence.

7. Form I-797F, Transportation Letter: Travel Permit

This is the only I-797 form that is not a “Notice of Action.” This document allows overseas applicants to travel. If you receive Form I-797F, simply follow the guidelines provided in the document as they are specific to your case type.

What to do if you lose an I-797 Form and want, or need, a replacement? 

If your I-797 has been lost or stolen, you will need to reach out directly to USCIS to help obtain your receipt number. To do so, you can schedule an appointment with them online here, or call them directly at 1-800-375-5283.