Learn more about green card applications and their associated forms and processes.
Learn some of the basics surrounding work authorization while a green card application is pending.
Updated: Feb. 27, 2020
If you're like most applicants, you're probably wondering "Can I work while my green card application is processing". The answer is yes, you can likely work...eventually. First, you need to meet a few requirements before you go get a job.

If you entered the U.S. on a visa that include work authorization, such as an H-1B or L-1, you may continue to work on that visa as long as it is valid and you follow all stipulations pertaining to that visa.
If you have work authorization through OPT or a TN visa you are permitted to continue working until that visa expires, but are not eligible to renew that authorization if you have a pending adjustment of status application.
If you have not applied for a green card yet and would like to be able to work in the U.S. during the processing time, you must submit the Form I-765, Application for Employment Authorization with your green card application. Once your application is approved, USCIS will send you an Employment Authorization Document (EAD) that you can use to work in the U.S. while awaiting the approval of your green card. EAD is valid for both full and part-time work.
Processing Timeline: USCIS previously issued work authorization within 90 days, but their current processing time averages 6-10 months. While it can be frustrating to wait that long to receive work authorization, these processing times are shorter than the current green card wait times and are meant to make the wait time for the green card a little easier.
The Form I-765 is typically filed at the same time as your Form I-485, Application to Register Permanent Residence or Adjust Status. Don't forget to include the application fee.
If you did not submit the Form I-765 with your initial Form I-485 application and want to do so, you can still submit it afterwards. However, it will still be processed based on the date it was sent (which can take longer than the green card). If you submit the Form I-765 afterwards, you will need to attach a copy of the I-797 receipt notice from the initial Form I-485 to the top of the application and will need to remember the filing fee.
If you are going through the consular process outside of the United States, you are not eligible to apply for work authorization. Similarly, if your petitioner is a permanent residence, you are not eligible to submit the Form I-765 with your Form I-130, Petition for Alien Relative, and will have to wait until you are eligible to submit the Form I-485 to apply for work authorization.
If your I-485 is still pending approval and your work permit is close to expiring you can apply for a renewal of your EAD.
This application can be submitted up to 120 days within your work authorization expiring. This is done by submitting a new Form I-765 to USCIS. When applying for this renewal you will need to attach additional documents such as a copy of your current EAD and the Form I-797 notice from your Form I-485 application. Additionally, don't forget to submit any associated renewal filing fee.
By law, employers in the U.S. are only allowed to employ U.S. citizens, U.S. permanent residents, or other individuals given authority to work by the USCIS. Working without authorization can cause big problems for both the employee and the company. This could also potentially complicate your green card application and is not recommended.
If you have any questions about work authorization or your green card application, please reach out to SimpleCitizen support.
This article explains how to prepare for the medical exam and submit the Form I-693.
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.

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.
To find an approved civil surgeon near you, visit myUSCIS Find a Doctor or call the USCIS Contact Center at 800-375-5283.
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.
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.
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.
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.
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.
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.
Here are some FAQ's about the green card application process!
The immigration process can be overwhelming and the information about marriage based green cards can be complex. Here are some common questions that people have before they get started.
Here is a list of the documents the Applicant/Immigrant should provide as part of the green card application. Keep in mind that the employment/tax documents are only required if the applicant's income will be supporting the petitioner/sponsor's income.
These are the documents you should provide as evidence of a "good faith" marriage:
These are the documents that the Petitioner/Sponsor/U.S. Citizen should provide:
The timeline for green card applications is always changing. You can check this website to find the average processing times of specific applications and the various USCIS service centers. You know which field office is processing an application by the first three letters of the receipt.
On average, we are currently seeing the following timelines:
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 period listed on the EAD, usually one year. Because green card applications are typically 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) 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 likely get their EAD within that time it can be included.
You can use either your married name or your maiden name. Whichever you would rather have on your green card. Often customers keep the maiden name until they get citizenship so their passport, birth certificate, etc match the green card. If you do have documents that don’t match, you will just need to carry your marriage certificate with you. Let us know if you have any other questions or concerns about this.
Starting 12/2/2024, USCIS now requires that any I-485 applicants required to file Form I-693, Report of Immigration Medical Examination and Vaccination Record MUST submit Form I-693 concurrently with their Form I-485. Failing to file the two forms together can result in Form I-485 being rejected.
Once you have a travel permit, you can use that to travel outside the U.S. Before you have it, YOU CAN NOT travel. Otherwise your I-485 will be canceled, unless you have a valid H-1B Visa or L-1 Visa.
To avoid getting into any issues,You need to get authorization prior to travel. Advance Parole generally takes 6-12 months to receive. It is possible to have your I-131 expedited if you have an emergency that requires you to travel outside of the U.S.
Included is a list of the documents that should be provided as part of the green card application
Here is a list of the documents the Applicant/Immigrant should provide as part of the green card application. Keep in mind that the employment/tax documents are only required if the applicant's income will be supporting the petitioner/sponsor's income.
These are the documents you should provide as evidence of a "good faith" marriage:
These are the documents that the Petitioner/Sponsor/U.S. Citizen should provide:
If you have any questions, feel free to chat with our support team by clicking on the chat icon on the lower left side of the screen.
Helpful links:
How to apply for a green card with SimpleCitizen
Green Card Eligibility Quiz
Understanding the steps following the submission of a green card application.
Updated: December 11, 2025
Once you've mailed your application, it can take 2-4 weeks until the USCIS accepts your application and sends the receipt letters to you.
If you sent the USCIS your payment forms, then you can check your bank account to see if those payments have been withdrawn. If so, then that means that the USCIS has started processing your application and will be mailing Forms I-797C, Notice of Action.
These I-797C letters will include your receipt numbers. The receipt numbers are in the upper left-hand corner, next to the date. When the receipt letters arrive, make sure to add them to your SimpleCitizen account under step 5. With these numbers, we can keep you up to date on the status of your case. Keep in mind this will help you avoid delays and roadblocks. Here are a few next steps in your application process:
The first step after getting your Forms I-797C, Notice of Action is the biometrics exam. The USCIS will send you a letter with the time and location of the appointment. Arrive early and bring a copy of your passport and the appointment letter from the USCIS. The USCIS will take your photo and fingerprints as part of the background check for the application process.
If you are unable to make your biometrics appointment, please call the USCIS asap to get it rescheduled. Missing the biometrics appointment can cause serious delays.
The next step in the application process will be getting your EAD ( Employment Authorization Document) and AP (Advanced Parole/travel authorization) approvals. The USCIS is currently taking 6-8 months to process and approve the combo card.
While Advanced Parole can be issued at the same time as Travel Authorization, we are typically seeing it be issued a few months later. Advanced Parole approval is what grants applicants permission to leave the United States temporarily while their Green Card application is pending. This step only applies to applicants who submitted Form I-131 with their green card application. However, please note that travel should still be done with caution as reentry is permitted but not guaranteed. The USCIS is currently taking 8-12 months to process and approve applications to travel.
The next step is having your interview scheduled. It can take a long time for the USCIS to get around to finally scheduling your interview. Based on your local USCIS processing and wait times, we estimate your interview to happen about 10 - 20 months after your biometrics.
Requests for evidence can be granted at any time during the application process. They mean that the USCIS is requesting more information in order to make a decision on the application. RFEs are normal, and if responded to quickly and correctly, typically do not pose a serious risk for the case. However, failing to respond to the request properly or on time can result in the denial of the application. If you get a Request for Evidence, please notify SimpleCitizen here.
If your application and interview are approved, you will receive your Green Card in the mail approximately 12 to 24 months after you initially filed.
Here’s a breakdown of the processing times for each step:
You receive your application receipt from the USCIS
If you prepared and submitted your application correctly, the USCIS will typically respond 2 to 3 weeks later with a letter in the mail. This receipt letter is called the Form I-797C, Notice of Action.
Save this letter! You need the receipt number to check your USCIS status.
Have your receipt? Check your status here.
You receive your appointment notice for biometrics
Typically 3 to 5 weeks after filing, you will receive a notice for your biometrics appointment. This will include your appointment date, time, and location. Most of the time, the location will be the closest USCIS office.
Do not miss your appointment!
Go To Your Biometrics Appointment
During your biometrics appointment, the USCIS will check your fingerprints, take your photo, and ask for your signature. This appointment is usually pretty short and lasts approximately 30 minutes.
Bring these items to your biometrics appointment:
* Your Passport or photo identification issued by your country
* Your Driver's License
* Military Photo Identification (if you have it)
* State issued Photo Identification Card
You receive your EAD Card (if you filed for it)
If you included the form I-765, application for employment authorization, you should expect for it to be approved within approximately 6-8 months. If you receive this card, it means the USCIS considers you an adjustment of status applicant who may work in the United States.
If you included Form I-131, Application for Travel Documents, Parole Documents, and Arrival/Departure Records with your green card application, you should expect for it to be approved within approximately 10-12 months. If you receive this approval, USCIS has granted you permission to leave the United States temporarily. However, travel should be done with caution and the document permits reentry to the United States but doesn't guarantee it.
You receive your notice for your USCIS interview
It's time to prepare for your interview! Don't worry or be scared, the interview is a normal part of the application process and typically happens at your nearest USCIS office. The USCIS may require your petitioner to attend with you, or they may not. Your interview notice will arrive by mail via the Form I-797, Notice of Action.
Do not miss your interview!
Go to your USCIS interview!
Adjustment of status interviews usually take around 30 minutes at your nearest USCIS office. It's a good idea to properly prepare, make sure to bring the following items:
* A complete copy of your entire application.
* Originals of any documents that you sent along with your application.
* Advance parole document and/or employment authorization card (if you have one)
* Your passport
You receive your Green Card!
A list of some of the general documents required for green card applications.
Here is a list of some of the general documents the Applicant/Immigrant should provide as part of the green card application. Keep in mind that the employment/tax documents are only required if the applicant's income will be supporting the petitioner/sponsor's income.
These are the documents you should provide as evidence of a "good faith" marriage:
These are the documents that the Petitioner/Sponsor/U.S. Citizen should provide:
Click here to learn how to upload your documents to your SimpleCitizen account and prepare your Green Card application.
Learn more about what it means to be a Joint Sponsor!
Last Updated: March 25, 2025.
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:
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.
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.
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:
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:
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.
A joint sponsor is someone who helps the primary sponsor to satisfy the financial requirements of sponsorship. A joint sponsor must be:
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.
The I-864 consists of 11 parts. This will walk you through how to fill out each step.
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.
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.
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.
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.
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.
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.
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 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.
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.
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.
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!
There are some questions that come up frequently about filling out the Form I-864. Here are some of these questions.
Your obligation as a sponsor will continue until:
It is important to note that if you are sponsoring your spouse and go through a divorce, you will still retain your sponsorship responsibility.
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:
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.
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.
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.
Learn about the L1 visa, what you need to know, and how to move from the L-1 visa to a Green Card.
Last Updated: January 15, 2020.
Many times, businesses require employees to take part in international work. It can be hard to maneuver all the paperwork, and to know which visa to apply for. As such, this article is about the L1 visa, what you need to know about it, and how to move from the L-1 visa to Green Card.
The L-1 is a work visa that allows a U.S. employer to temporarily transfer an employee from one of its foreign offices, to one of its offices in the United States. It is a non-immigrant working status.
There are two types of L-1: the L-1a and L-1b. The L-1a may be used by U.S. companies to transfer executives or managers into the United States. It also allows a foreign company that does not yet have a U.S. office, to send an executive or manager to the United States, with the purpose of establishing one. The L-1b may be used for the transfer of an employee with specialized knowledge relating to the organization’s interests, from a foreign office to an office in the United States. The L-1b also permits a foreign company without a U.S. office to send an employee with special knowledge to the United States to help establish one.
In order for an employee to qualify for an L1, the employer must:
The presence of an agent or office of the qualifying organization in the United States and abroad is not enough for this requirement. The company must be doing business in the US and in another country as well for the duration of the L1 recipient’s stay. Along with these requirements for the employer, there are different requirements for each the employees and the two types of L-1 visas.
For the L-1a the employee must:
Executive capacity usually refers to the employee’s ability to make decisions within a wide scope of the company without negligence. Managerial capacity is the ability of the employee to supervise and control the work of professional employees, and to manage the organization, or a department, subdivision, function, or component of the organization. It may also refer to the employee’s ability to manage an essential function of the organization at a high level, without direct supervision of others.
The L-1b has a few different requirements for the employee. They need:
Specialized knowledge is an individual’s knowledge of the organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organization’s processes and procedures. Examples of people with specialized knowledge include doctors, engineers, architects, surgeons, teachers and professors.
To start the application process, an employee must meet the requirements of years working for the company as stated above. Then an employer must file a Form I-129, known as a Petition for a Nonimmigrant Worker, with a fee, on behalf of the employee so they can be considered for an L-1. With that, they must determine which type of L-1 to file for: L-1a for executives and managers, or L-1b for employees with specialized knowledge. If you are only coming for meetings, conferences, trainings, or other such events, these are not considered productive employment. Apply for a business visa instead.
You do not need to be a full time US employee to obtain an L-1 visa. You may be principally employed outside the U.S. and receive one if you come to the U.S. to work on a short term basis.
For both an L-1a and L-1b, qualified employees coming the United States to establish a new office will be allowed a maximum initial stay of one year. For all other employees, the max initial stay is up to three years. For all L-1a employees, requests for extensions may be given in increments of up to an additional two years, until the employee has reached the maximum limit of seven years. For the L-1b, it is the same. The only exception being that only two extensions are allowed, resulting in a limit of five years in the United States.
After your employer has filled out Form I-129, Petition for a Nonimmigrant Worker, it usually takes about six months to a year to process the petition and issue the L1 visa. The processing time is about the same for both L-1a and the L-1b.
During the time that the L-1 recipients stay in the United States, the organization must continue to do business in the United States and at least one other country. The L-1 is not limited to specific countries. For family members of L-1 recipients, like spouses and unmarried children under 21, they can receive an L-2 visa and accompany their family member to the United States.
Many people with an L-1 eventually apply for a green card. Just like there are different L-1 visas, there are also different Green Cards.
A Green Card is a permanent residence card for immigrants living in the United States. It allows permanent residency and employment in the United States. There are different avenues through which one can get a green card.
One way is through employment in the United States. These are Employment Based or “EB” Green Cards. There are three different levels or categories. The first one is called “First Preference” or “EB-1” for priority workers. These are for immigrants with extraordinary abilities in the sciences, arts, education, business, or athletics, outstanding professors and researchers; or certain multinational managers and executives.
The second group is “Second Preference” or EB-2. This is for immigrants who have a profession that requires an advanced degree, have exceptional ability in the sciences, arts, or business, or are seeking a national interest waiver. The third level is the “Third Preference” or EB-3. This is for for skilled workers, professionals, or other workers. The level or category of Green Card you apply for depends on the category you fall under within the EB-1, EB-2, or EB-3.
For those with with an L-1 visa, the best Green Card to apply for is the EB-1. This is because they are most likely executives or managers within their company. A major advantage of acquiring your green card through the EB-1 category is that you can avoid the complex labor certification process. In the EB-1 category, the employer of the immigrant files Form I-140, Petition for Immigrant Worker. However, the petition must be filed with certain documentation that proves that the employee is eligible for a green card. It must be filled out by their employer in the US, which also has to be their same employer in their home country.
Once the EB-1 status has been approved, then you must submit a Form I-485, Application to Register Permanent Residency, or Adjust Status, which is the basic Green Card application form.
Generally, the processing time for an EB-1 Visa is about 8 months. Once the EB-1 has been approved, it takes approximately 6 months to be issued permanent residence after the I-485 has been filled out and submitted. For help on how to fill out the I-485, check out SimpleCitizen. With them, the I-485 process becomes faster, and much more user-friendly.
The process from an L1-b to a green card is a little more difficult. First, you can choose to apply for either an EB-2 or EB-3 Green Card based on your skill set. The EB-2, as stated earlier, is an employment based Green Card that is for L1 holders who have exceptional ability. In order to qualify for the EB2 status, one must meet three of the following:
If you meet at least three of these requirements, then you can file for an EB-2. To qualify for an EB-2 visa, your employer must file a Form I-140, Petition for Alien Worker. Along with the Form I-140 Form and under PERM Labor Certification, EB-2 petitions must generally be accompanied by an approved individual labor certification from the Department of Labor on Form ETA-750. Once the EB-2 status is approved, you can apply for a Green Card by using form I-485. Allow for extra processing time for both the EB2 and the green card.
Now let’s talk about the EB-3. This is the category for those who fall under the skilled worker, professional, or other worker status. Skilled workers are those whose jobs (that are temporary or seasonal) require a minimum of 2 years training or work experience. A professional is someone whose job requires at least a U.S. Bachelor's degree, or foreign equivalent, and are a member of that profession. An unskilled worker is someone performing unskilled labor (that is not temporary or seasonal) requiring less than 2 years training or experience.
In order to qualify for an EB-3, each category has different requirements.
Along with the requirements for each of these categories, ALL of the above parties must provide evidence of labor certification, and a permanent, full-time job offer. Generally, these also must be accompanied by an approved, individual labor certification from the Department of Labor on Form ETA-9089. The above encompasses the labor certification process.
The PERM labor certification usually takes about 8 months. This includes a 30-day job order requirement, an extra 30-day waiting period after the job order, and a 6-month processing time for the ETA-9089 application.
Once you have your PERM labor certification done, your employer will need to sponsor you by filling out Form I-140, Petition for Alien Worker. The date that the USCIS receives your petition will become your “priority date”. You will have to wait until your priority date becomes current with final action dates given by the Department of State. The amount of time that you will to wait depends on the kind of green card that you apply for and your country of origin.
The I-140 has an average processing time of 6 months depending on the Service Center that is processing your I-140 form. Most EB-3 cards waiting period ranges from a few months to several years.
Once your priority date is current, you can submit your I-485 form to have your status adjusted to legal permanent resident. The I-485 once completed has an average wait period of 6 months as well. Once it has been approved and processed, you are officially a permanent resident. However, it might take a few months to receive the physical copy of your Green Card. As previously mentioned, to fill out the Form I-485 faster, look at SimpleCitizen which helps to simplify and speed up the I-485 process.
Helpful links and other info:
Let’s examine whether people can travel domestically in the United States without a valid green card.
Congratulations on submitting your I-485, Adjustment of Status application! While waiting to hear back from USCIS about the status of your green card application, let’s examine whether you can travel domestically in the United States without a valid green card, and before you obtain your driver’s license or EAD (employment authorization document, work permit, or Form I-766).
If you do not have an unexpired green card or an unexpired EAD, you may use a border crossing card or a foreign government-issued passport to fly domestically within the U.S.
According to Transportation Security Administration (TSA), adult passengers (age 18 and over) must show at least one of the following forms of identification in order to travel by plane. While many of these forms of identification apply only to U.S. citizens, the items in bold apply to non-U.S. citizens.
Need to apply for a green card? - The Ultimate Guide on How to Get a Green Card.
According to TSA, children under age 18 do not need to provide identification when traveling with a companion domestically within the U.S.
You cannot use the Form I-797 alone as your only form of identification for air travel. However, it can be used as a secondary form of identification in addition to other forms of valid identification.
The Form I-797 is not considered by the U.S. government to be a travel document. It is considered a secondary form of identification for air travel, not a primary form of identification, which means that you can only use it to supplement primary forms of identification for air travel.
Primary forms of identification for non-U.S.-citizens include green cards, EADs, border crossing cards, and foreign government-issued passports. If you have one of these documents, bring it to your airport security screening. You should also bring any other forms of secondary identification you have. Bring the original documents, as well as photocopies and pictures of the documents on your cell phone or a camera, in case TSA officers request to see the original documents.
If you do not have proper primary identification, bring at least two forms of secondary identification to your airport security screening. These documents must have any identifying information such as your name, photo, address, phone number, social security number, or date of birth. Secondary forms of identification include:
You may still be allowed to fly if you do not provide valid identification, but this may not be allowed if you intentionally choose to not provide proper identification.
If you feel TSA security screening has discriminated against you because of your race, color, national origin, sex/gender (including gender identity, sexual orientation and parental status), religion, and age, you may do any or all of the following actions:
You may apply for for DHS Traveler Redress if you experienced one or more of the following:
Form I-797, Notice of Action: Issued when an application or a petition submitted to the USCIS has been approved.
Form I-797A, Notice of Action: Issued to an applicant as a replacement Form I-94.
Form I-797B, Notice of Action: Issued for approval of an alien worker petition.
Form I-797C, Notice of Action: Issued to communicate receipt of payments, rejection of applications, transfer of files, fingerprint biometric, interview and re-scheduled appointments, and re-open cases.
Form I-797D, Accompanies benefit cards.
Form I-797E, Notice of Action: Issued to request evidence.
I-797F, Transportation Letter: Issued overseas to allow applicants to travel.
If your green card application (Form I-485, Application to Register Permanent Residence or Adjust Status) and/or Form I-765, Application for Employment Authorization have been pending with USCIS for 75 or more days, you can either call the USCIS Contact Center at 1-800-375-5283 or 800-767-1833 (TTY) to inquire about the status of your application, or check your case status online.
Wondering what a green card is? How long it lasts? Keep reading!
Last Updated: May 8, 2024.
Wondering what a green card is? How long it lasts? Keep reading! For more information on how to fill out a green card application read, “The Ultimate Guide on How to Get a Green Card.”
Yes. You can become a United States citizen in one of two ways:
You may become a U.S. citizen when you are born to a U.S. citizen. This usually happens when you receive a U.S. birth certificate. If you are a U.S. citizen and are abroad when your child is born, a U.S. embassy or consulate may issue a Consular Report of Birth Abroad. In this case a green card is not required.
If you would like to become a U.S. citizen, you must go through a naturalization process. You will need a green card to become a U.S. citizen through naturalization. These are the steps of naturalization:
For more information read “How to Become a United States Citizen”.
A Green Card, or Permanent Resident Card, is issued as proof that you are authorized to live and work in the U.S.
You are eligible to get a green card through one of eight categories:
You may be eligible to apply for a green card based on family if you are:
The process will vary case to case. But in general, these are the steps you will need to follow:
For more information on how to apply for a Green Card, read this: “The Ultimate Guide on How to Get a Green Card.”
You can check the status of your green card application online here. This tool will also let you sign up for text message and email alerts if USCIS updates your status.
There are two types of green cards:
Note: You should apply for your renewal within 6 months of your green card’s expiration date.For more information read “How to Renew Your Green Card.”
It is not possible to renew a conditional permanent resident card. You must either file to remove your conditions 90 days before your card expires. Or lose your permanent residency.You can remove your conditions through marriage, Form I-751. Or through entrepreneurship, Form I-829.Remove the conditions from a 2-year green card here.
Fees vary depending on what type of green card you are filing for (under which eligibility). And on how much it cost you to get other requirements done. For example, photos, medical exams, and mailing costs.As of April 2024, if you are filing for an immigrant visa:
Then the filing fee for Form I-485 (the application for your green card) costs:
Optionally you can file for work and travel authorization:
The Green Card Lottery is the Diversity Immigrant Visa Program.The DV Program randomly selects up to 50,000 applicants from qualifying countries to immigrate to the US. You must apply to be in the lottery and you must be from a country that has low immigration rates into the U.S.Most winners are from outside the U.S. and must immigrate through a consulate. But a few winners are already in the U.S. and must apply through USCIS.If you live in the U.S. and win the Green Card Lottery, you must:
You will then need to file Form I-485 to get a green card.For more information on the Green Card Lottery, click here.
No.When filing for your green card you generally have 3 options:
This may be confusing and time consuming as you try to figure out what forms you need to file.
The attorney will help you file your forms. But you will also need to pay your attorney.
SimpleCitizen makes the application process easy. We'll guide you step-by-step through your entire application. You will also have the option to have your application reviewed by an attorney before you submit it.
Immigration Attorney ReviewForm I-485 | Adjustment of StatusForm I-130 | Alien PetitionForm I-131 | Travel PermitForm I-765 | Employment AuthorizationForm I-864 | Financial SponsorForm I-693 | Medical ExaminationForm G-1145 | E-Notification+ All Supporting Documents+ Printing & ShippingStart My Green Card Application
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