As you may already know, applying to immigrate to the United States requires a medical examination with a USCIS certified doctor. To learn more about this medical examination and it’s Form I-693, Report of Medical Examination and Vaccination Record, read our article here. It serves as a precursor to this article. 

Part of the medical examination requires doctors to check that you are up-to-date on all vaccinations designated as mandatory by USCIS and CDC. This article provides information about the basic vaccination requirements for those hoping to immigrate to the United States as well as describes what actions are required to opt-out of these requirements. For further information on vaccination requirements, check out some of the FAQ’s on the USCIS website. 

Overview

Which vaccinations are required?

Under US immigration law, all immigrants, including those seeking permanent resident status, are required to receive vaccinations to prevent the following diseases: 

• Haemophilus influenza type B
• Hepatitis B
• Measles
• Mumps
• Pertussis
• Polio
• Rubella
• Tetanus and Diphtheria Toxoids
• Any other vaccine-preventable diseases recommended by the Advisory Committee for Immunization Practices
• Influenza
• Rotavirus
• Hepatitis A
• Meningococcal disease
• Varicella
• Pneumococcal disease

The influenza vaccination requirement is unique in that it is only required during the flu season since it is strain-specific and only available for a limited time each year. For the purposes of the Form I-693, the flu season is considered to be from October 1st - March 31st. If applying during this window, the influenza vaccination is required.

Effective Jan 22, 2025, applicants subject to the immigration medical examination no longer need to be vaccinated against COVID-19 before the civil surgeon can complete an immigration medical examination and sign Form I-693, Report of Medical Examination and Vaccination Record.

Going to your appointment 

You should bring the following items with you:

• Official vaccination or immunization record.
• Form I-693, Report of Medical Examination and Vaccination Record. Print out and bring the form to your appointment. Fill out Part 1 of the form but do not sign it until the civil surgeon tells you to do so.
• Government-issued I.D., such as a valid passport or driver’s license.
• Medical insurance card. Check with the doctor’s office to see if they accept your medical plan.
• Payment. Check with the doctor’s office about acceptable forms of payment

Remember to bring your up-to-date vaccination history with you to your appointment. 

If you have lost or misplaced your vaccination history, contact your doctor or public health clinic to see if they have a copy. You can also contact your state’s health department if you are living in the United States to see if they keep vaccination records. For children, check with previous schools or daycares as they may have a copy as well. 

Vaccination Assessment

During your appointment, the civil surgeon or panel physician will review your vaccination history with you to determine whether or not you have received all of the required vaccinations. This is why it is so important to remember to bring an official record of your vaccination history with you to your appointment. The results of this evaluation will be recorded on your Form I-693.

If you are up to date on the required vaccines, no additional vaccines will be required at the time of the medical exam. 

If you do not have the required vaccinations

If you are not up-to-date on all of the required vaccinations, don't worry! The civil surgeon or panel physician can often provide them and can help you determine which ones are appropriate for you. You also have the option to ask your family doctor to administer the required vaccines to you after your evaluation. If you choose the latter option, you will need to show the records of these vaccinations to the civil surgeon or panel physician to note on Form I-693 in order to complete the form prior to submitting it to USCIS.  

Additionally, some of the required vaccine series require months to years to complete. This can make it difficult for applicants to receive all required vaccinations prior to adjustment of status or immigration. For many of these USCIS only requires that you have at least one dose of each age-appropriate vaccination listed as mandatory. 

Talk to your doctor before you get vaccinated

Some people may not be able to get vaccinated — or may need to wait.

The day of your appointment, tell your doctor if you:

• Have any allergies
• Have had serious side effects from a vaccine in the past
• Are pregnant or planning to get pregnant
• Are sick

Vaccination Costs

While USCIS does not charge a filing fee for Form I-693, fees for the medical examination are set and charged by the doctor administering the test. Usually these examination fees range from $100 to $500. You can shop around to find the best price. In addition to the examination fee, you will also need to pay for any additional vaccinations needed to meet USCIS requirements.

As can be expected, the costs of these vaccinations will depend largely on how many and which vaccinations you need. It will also depend on the country in which you are getting vaccinated, the clinic you are attending, and what type of health-insurance you have. You can expect to pay anywhere from $25-$150 for each vaccination before insurance is factored in. Clinics often list which vaccinations they carry and how much they charge, so feel free to shop around for the best price! 

Vaccination Exemptions

There are a wide variety of reasons why someone may not have or may not wish to receive certain vaccinations.

Individuals can be exempted from immunization requirements for reasons such as age, health, pregnancy, as well as their moral convictions and religious beliefs. To find a more detailed list of potential exemptions, check out this list from the USCIS.  

Blanket Waiver - “Not Medically Appropriate” exemptions

Some people qualify for something called a “Not Medically Appropriate” exemption, often referred to as a blanket waiver. According to the USCIS website, this applies to: 

• Vaccinations that would not be safe to receive due to a medical condition such as pregnancy, allergies, or a previous bad reaction to that vaccine.
• Vaccinations that are not required based on the applicant’s age at the time of the medical exam.
• Vaccinations that are administered as a series in intervals, but there is insufficient time to complete the entire series at the time of the medical examination. (The individual is often required to have at least the first round of the series)
• The influenza vaccine if it is not the flu season.

If you meet one or more of these criteria, the civil surgeon or panel physician will indicate this on the Form I-693 and USCIS can then waive that requirement. 

A separate waiver application is not required for these specific exemptions. In other words, no additional form is needed for an officer to grant a blanket waiver for the vaccination requirement. 

To learn more about vaccination requirements for pregnant women, see the CDC’s "Guidelines for Vaccinating Pregnant Women" page. For more detailed information regarding age-specific vaccinations, check out the CDC’s information on age requirements. 

Moral or Religious Exemptions

For exemptions that do not meet the “Not Medically Appropriate” criteria, an individual must file a separate waiver application. This specifically applies to those who object to required vaccinations because of sincerely held moral convictions or religious beliefs. The required waiver is Form I-690, Waiver of Grounds of Inadmissibility. If you plan to apply for this waiver, inform your civil surgeon or panel physician.

Please note that I-690s have a higher rejection rate. If denied, USCIS will require you to complete the medical exam which could delay the approval of your case.

Form I-690, Waiver of Grounds of Inadmissibility

What is it?

This form is used to apply for a waiver of inadmissibility. It can be used by applicants for a number of reasons, including to waive the vaccination requirements. This waiver of the vaccination requirement is specific to those who wish to be exempted due to moral convictions or religious beliefs. For additional information on this form and its potential uses, refer to this USCIS web page. This link also provides you access to the PDF version of form I-690. 

Cost

As of March 2025, the filing fee for this waiver form is $905.

Waiver Requirements for Vaccination Exemptions

USCIS, in consultation with CDC, has established the following requirements that an applicant has to demonstrate through documentary evidence to qualify for this exemption: 

• The applicant must be opposed to all vaccinations in any form. They cannot pick and choose which vaccinations they want. However, it is important to note that having some vaccinations but not others does not automatically result in the denial of the waiver. The officer should consider the reasons provided for getting certain vaccines and not others such as whether the individual’s moral convictions or religious beliefs have changed substantially since the date the vaccinations were given.

• The objection must be based on religious beliefs or moral convictions.

• The religious belief or moral conviction must be sincere. The focus of the waiver adjudication will be largely based on whether or not you can demonstrate that the religious belief or moral conviction is consistently applied in your life. This strict adherence is considered to be distinct from mere preference.

Evidence 

Evidence of these religious beliefs or moral convictions may be established in two primary ways: 

1. Through the applicant’s sworn statement
2. Through additional evidence that supports that sworn statement

The minimum requirement is that you include a personal statement describing the reasons behind your objection. Make sure you include enough information in your statement to adequately demonstrate that you meet the three criteria listed above. 

An example of supporting evidence would be providing evidence of regular participation in a congregation by submitting affidavits from congregation members or evidence of regular volunteer work. 

How to File Form I-690

When you file this form you must submit all evidence and supporting documentation required. You will also need to include the filing fee of $905.

Fill Out On a Computer

Download and view in a PDF viewer.

Download PDF

Print & Fill Out Paper Form

Print the PDF and fill by hand with black pen.

Print PDF

Hire a Legal Professional

Find a legal professional to complete the form.

Visit AILA.com

Have questions about Vaccination Requirements and Exemptions?

For additional information on your medical examination and form I-693, refer to our article How to Complete a Medical Examination. 

If you need help or have questions about vaccination requirements, exemptions, or Form I-690,  please reach out to our team and we’ll get back to you shortly.

Updated: January 10, 2023

If you are getting ready for your marriage-based green card interview with USCIS, congratulations on making it this far! This is a huge achievement and you are almost to the finish line!

The adjustment of status interview is an exciting and significant step in obtaining lawful permanent residence status. Feeling nervous about the interview is normal! The interview can feel overwhelming for applicants, so it’s important to make sure you understand what the interview entails and how to properly prepare. 

The information in this guide is here to help!

Good luck!

What is the purpose of the interview?

The interview is a normal part of the green card application process, especially for marriage-based applications. USCIS’ primary aims for the interview are to verify that all the information in your application is correct, confirm that your marriage relationship is genuine, identify any risk of fraud, and give you one last chance to update any information before the final adjudication of your application.

This is a step to look forward to because it is one of the last steps in the adjustment of status process and means you are one step closer to becoming a permanent resident of the United States.

Before the Interview

Here are some tips to prepare for your interview:

1. Try not to be too nervous! This is the final stretch. 
2. Consider taking opportunities to reflect on and discuss your relationship with your spouse leading up to the interview. It is helpful to make sure you are both remembering the details of your relationship correctly so that you can confidently answer any questions the officer asks you. At the end of this article there is a list of common questions that you can talk through together for practice. 
3. Plan to arrive 15 minutes before your scheduled interview time to ensure a prompt start time. 
4. Keep your schedule open. Interviews are typically  around 15-45 minutes long. However, sometimes individuals have to wait long after their scheduled interview time before their names are called. Keeping your schedule open can help reduce your stress if you are at the USCIS office longer than expected. 
5. The interview consists primarily of questions about your relationship and immigration history. Make sure you are informed and prepared to answer questions on these topics.

What should be brought to the interview? 

1. Original official documents (birth certificate, marriage certificate, passport, visa, your spouse’s birth certificate, etc). USCIS wants to see the originals, not copies, of these for both the petitioner and the beneficiary!
2. Updated relationship evidence that you would like to add to your application. Please note that USCIS will keep the evidence submitted, so be sure the evidence you bring is either a copy or something you don’t need back.
3. Updated financial documents for any sponsors on Form(s) I-864 (and Form I-864A, if applicable) . This should include: tax documents for any tax years that have passed since you filed the application, updated letters from employers, and updated pay stubs and/or bank statements from the last 6 months. If there have been any significant changes to employment or financial circumstance, bringing an updated I-864 with the new information can be helpful.
4. A copy of your original Form I-485 and Form I-864(s) for you to use in your interview. These are the two main forms that will be reviewed in your interview, and it can help for you to be able to refer to those documents.
5. Any additional documentation requested in the letter of invitation to interview you received from USCIS.
6. If you have any new evidence that you would like to submit with your application, bring it with you. USCIS allows the submission of new evidence at interviews. 

Who should go?

For marriage-based applications, USCIS requires the Form I-130 petitioning spouse to appear for the interview with the principal adjustment of status applicant. Essentially, both spouses will need to attend the interview.

 What if an applicant is not comfortable interviewing in English? 

Applicants who are not fluent in English are permitted to bring a translator to the interview. This interviewer does not need to be certified as a translator, but they must be fluent in both English & the applicant’s native language. The sponsoring spouse cannot be the translator. The interviewing USCIS officer will make the determination at the interview if they believe that translator can translate without bias.

During the Interview

Interviews generally take 15-45 minutes to complete. However, please know that interviews can go longer than 45 minutes so, as previously mentioned, it is often helpful to clear your schedule, just in case.

During the interview, the officer may try to verify that the applicant understood the questions on the application. Any unanswered questions or incomplete answers on the application are resolved at the interview. This is also an opportunity to update any information that may have changed since you submitted the application.

During the interview, the officer will review your documents and ask you questions to make sure you have a good faith marriage and that you are not committing immigration fraud. Don’t be afraid to let your love for each other show.  

Common Interview Questions

Each interview and interviewer are different so no two interviews will be exactly the same. Due to how brief the interview is, the officer will not be able to ask a lot of questions, but will scrutinize the answers you give to make their decision. Please note that the officer chooses which questions to ask, and on occasion, questions may feel invasive or personal. They may ask questions about intimacy, marital conflict, family approval, finances, etc. 

Here is a list of common interview questions that may be asked. As mentioned above, it can be helpful to go through these questions with your spouse prior to the interview to ensure you both remember details correctly. 

Meeting and Courtship

• How did you meet?
• Where did you meet?
• Where was your first date?
• Where did you first meet in person?
• How often did you see each other after your initial meeting?
• How did your relationship progress from meeting to dating?
• What did you do on your dates?
• Did you take any trips together while you were dating?
• When did you introduce each other to family and friends?
• How long did you date before you decided to get married?
• Who proposed to whom?
• Tell me the story of your marriage proposal.
• Where did you buy the ring? 

Wedding

• Where did you get married?
• What day were you married?
• Did you do a court or a church ceremony?
• How many people attended your wedding?
• Who from your family and friends were at the wedding?
• Did you have a reception?
• Where did you hold the reception?
• Tell me about what your reception was like.
• Were each of your parents at the wedding celebration?
• Where did you go for the honeymoon?

Relationship/Daily Life

• When is your spouse’s birthday?
• Have you been on vacation together?
• Do you attend church together?
• Do you plan on having children?
• Do you live together? Why not (if applicable)?
• How do you split your finances?
• Who is your spouse’s employer?
• What are your spouse’s work hours?
• When was your last fight?
• What did you fight about?
• Who wakes up first in the mornings?
• How often do you communicate throughout the day?
• Who does most of the cooking?
• Who cleans the house?
• What side of the bed do you sleep on?
• How do you typically celebrate holidays?
• What did you do to celebrate your spouse’s last birthday?
• When is your spouse’s birthday?

Family/Friends

• Have you met your spouse’s parents?
• What are their names?
• How many brothers and sisters does your spouse have?
• Does your spouse have any nieces or nephews?
• Do you spend time with your and your spouse’s families?
• Does your spouse have any children?
• Do they visit you?
• How do you get along with your spouse’s family?
• Do you have mutual friends?
• What is your spouse’s best friend’s name?

What is the result of a USCIS interview? When will applicants receive their green card? 

Based on previous cases, interviews generally result in one of the following: 

1. USCIS may let you know at the end of the interview that they have approved your application. You would leave the interview and typically receive your green card by mail after about a month.
2. USCIS may not inform you of a decision on your case, but will approve your green card shortly after the interview and you will receive it after about a month.
3. USCIS may issue you a request for more evidence before they can come to a decision on your case. Just make sure to submit additional evidence within the timeframe that they give you. SimpleCitizen will help you with this process! 

The Marriage Based green card interview with USCIS can be intimidating, but we are here to help! If you have further questions about the interview or your application, feel free to reach out to SimpleCitizen support! 

For interview support from an attorney, our Professional package includes three attorney consultations, one of which can be used for interview preparation!

Click here to learn more about all of our affordable application packages. We are here to help guide you through your application and support you every step of the way. 

We’re happy you’re here!

Last Updated: September 2025

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Every applicant must include a payment for USCIS fees when submitting an immigration application. USCIS fees change over time, so make sure you know how much to pay.

Applications prepared with SimpleCitizen include detailed instructions on how to pay government fees. However, if you don't use SimpleCitizen, here is the USCIS form fee finder.

Beginning October 28, 2025, there are three ways to pay USCIS application fees:

1. Electronic Bank Transfer Form
2. Credit or Debit Card Form
3. USCIS Online Payment (when applicable)

All payments, regardless of the payment method used, must come from a bank or other financial institution in the United States and be payable in US currency.

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Here's a breakdown of each payment method:

1. Pay with an Electronic Bank Transfer

Paying with an electronic bank transfer is often considered the most simple way to pay as is is less likely to see rejections that are more common with credit and debit card payments. To pay using an electronic bank transfer, you must complete and sign Form G-1650, Authorization for ACH Transactions, and send it with your application to the USCIS lockbox. 

A filled out Form G-1650 must be sent with each form that requires payment. For example, you must submit two Form G-1650s for a concurrently filed green card application; one for the Form I-130 and the other for the Form I-485. Place the Form(s) G-1650 on top of your application when you mail it into the USCIS.

2. Pay with a Credit or Debit Card

To pay the fee with a credit or debit card, you must fill out Form G-1450 and send the application to a USCIS Lockbox facility. Payments can be made with Visa, Mastercard, American Express, or Discover.

A filled-out Form G-1450 must be sent with each form that requires payment. For example, you must submit two Form G-1450s for a concurrently filed green card application; one for the Form I-130 and the other for the Form I-485. Place the Form(s) G-1450 on top of your application when you mail it into the USCIS.

3. Making an Online Payment

If you are filing one of the few forms that USCIS has available online, the USCIS system should guide you through the process of paying online. Once you are ready to submit your application, the system will direct you to the Department of Treasury site, pay.gov, to pay your fees online.

To make a payment online, only use pay.gov. Always be sure to check the website address before entering any payment information. Be very careful to avoid scam websites and scammers who may pretend to be a government website.

Updated: December 5, 2024

Every immigrant that applies for a Green Card must first complete a medical examination with a USCIS certified doctor.

This article explains everything you need to know about the medical exam and it's associated form, Form I-693, Report of Medical Examination and Vaccination Record.

Finding a Doctor

Immigration medical exams need to be performed by USCIS-authorized doctors. USCIS refers to these doctors as Civil Surgeons and allows them to perform the medical examination required for the Green Card application process.

Inside the United States

To find an approved civil surgeon near you, visit myUSCIS Find a Doctor or call the USCIS Contact Center at 800-375-5283.

Outside the United States

If you're filing from outside the United States, the medical exam must be completed by a Panel Physician. Panel physicians are different from civil surgeons.

To find more information about the approved panel physician near you, visit Department of State Medical Examination site.

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How much does it cost?

The cost of the medical exam is set by the physician and can vary between providers. Typically the exam is between $100 - $500. You can shop around by calling different providers in your area to find the best price.

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How to Prepare for the Medical Exam

You should bring the following items with you:

• Form I-693, Report of Medical Examination and Vaccination Record. Print out and bring the form to your appointment. Fill out Part 1 of the form but do not sign it until the civil surgeon tells you to do so.
• Government-issued I.D., such as a valid passport or driver's license.
• Vaccination or immunization record, such as DT, DTP, DTaP, Td, Tdap, OPV, IPV, MMR, Hib, hepatitis A, hepatitis B, varicella, pneumococcal influenza, rotavirus and meningococcal disease.
• Medical insurance card. Check with the doctor's office to see if they accept your medical plan.
• Payment. Check with the doctor's office about acceptable forms of payment.

What happens at the exam?

During the exam, the doctor will perform a basic physical, ask several questions about your health, and run various tests. After the exam the doctor will fill out and seal the Form I-693 and supporting documents in an envelope for you.

IMPORTANT: Do not open this envelope. USCIS will not accept your medical form if it is not in a sealed envelope or if the envelope is altered in any way.

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When to Send the Form to USCIS

While USCIS previously allowed Form I-485 to be submitted without a complete Form I-693, Report of Immigration Medical Examination and Vaccination Record, they changed that rule as of December 2, 2024, and now require that adjustment of status applicants submit the medical exam at the time of submission of Form I-485.

For applicants who are required to submit Form I-693, USCIS will reject Form I-485 if the completed medical exam is not submitted concurrently with Form I-485, Application to Register Permanent Residence or Adjust Status. 

Effective April 4, 2024 any Form I-693 that was properly completed and signed by a civil surgeon on or after November 1, 2023, does not expire and can be used indefinitely as evidence to show that the applicant is not inadmissible on health-related grounds. USCIS officers have the discretion to request more evidence or a new or updated Form I-693 if they have reason to believe the applicant’s medical condition has changed since the civil surgeon signed the Form I-693, or that the Form I-693 submitted does not accurately reflect the applicant’s medical condition and the applicant may be inadmissible on health-related grounds. Medical exams completed before November 1, 2023, have a 2-year validity period.

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What if I already had an exam outside the U.S.?

You are not required to have another exam if you already had one prior to admission. However, the Form I-485 (green card form) must be submitted within one year of an overseas medical examination.

If a new medical examination is not required, you must still show proof that you meet the vaccination requirements. If the vaccination record (DS 3025) was not included in the original overseas medical examination, you will need a new medical exam.

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Have questions about the medical exam?

If you need help or have questions about the medical exam or the Form I-693, please reach to our team and we'll get back to you shortly.

Updated: Feb. 24, 2020

Public Charge Final Rule goes into effect Feb. 24, 2020.
USCIS will reject any affected application or petition that does not include Form I-944 received on or after Feb. 24, 2020.

Important: SimpleCitizen application packages will include Form I-944 after Feb. 24, 2020. If you have questions about Public Charge or your application, please contact SimpleCitizen support.

What is the Public Charge rule?

“Public charge” is described as someone who is likely to become dependent on government assistance. USCIS has always considered “public charge” when determining your status in the U.S. However, under the current Trump administration the public charge rules will be looked at in a different light.

What does this mean?

USCIS wants to know how much government assistance you have received in the past and how much assistance you will likely receive. They’ll use the information you provide to determine whether you will be considered a “public charge” to the government in the future. USCIS gathers this information with the Form I-944, Declaration of Self-Sufficiency.

Form I-944 & What You Need to Know

If you are filing an application to register permanent residence or you are submitting an adjustment of status within the United States and you are completing Form I-485 you’ll need to fill out and include the new Public Charge Form I-944. They’ll look at factors such as the applicant’s age, health, family information, assets, financial status, education and skills, etc. The Form I-944 is automatically included with every SimpleCitizen application package.

In the end they will look at the overall factors you provide to determine if an applicant would become a public charge to the USCIS.

Have questions?

Need help or have questions about public charge? Feel free to reach out to our support team and we'll be happy to help with your application.

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