Click here to reset your password.

‍

Last Updated: March 25, 2025.

‍

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:

‍

‍

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, 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.

What is an L-1 Visa?

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.

L-1 Requirements

In order for an employee to qualify for an L1, the employer must:

• Have a qualifying relationship with a foreign company.
  • (Qualifying organizations include: parent companies, branches, subsidiaries, or affiliates.)
• Currently be, or will be doing business as an employer in the United States, and in at least one other country directly or through a qualifying organization for the duration of the beneficiary’s stay in the United States. In this context, doing business is defined as regular, systematic, and continuous providing of goods and/or services by a qualifying organization.

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:

• Have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding his or her admission to the United States.
• Be seeking to enter the United States to provide service in an executive, or managerial capacity for a branch of the same employer or one of its qualifying organizations.

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:

• To have been working for the company abroad for one continuous year within three years of applying to work in the United States.
• To be providing specialized knowledge to a branch of the same employer or one of its qualifying organizations instead of seeking to enter the US to provide managerial or executive services.

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.

L-1 Application Process

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.

L-1 Duration:

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.

L-1 Processing Time

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.

L-1 Rules

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.

From L1 to Green Card

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.

Employment Based 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.

L-1a To Green Card

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.

Processing Time from L-1a to Green Card

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.

L1-b to Green Card

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:

• Official academic record showing you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability.
• Letters documenting at least 10 years of full-time experience in your occupation.
• A license to practice your profession, or certification for your profession or occupation.
• Evidence that you have commanded a salary, or other compensation for services that demonstrates your exceptional ability.
• Membership in a professional association(s).
• Recognition for your achievements, and significant contributions to your industry or field. by your peers, government entities, professional or business organizations.
• Other comparable evidence of eligibility is also acceptable.

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.

Skilled workers must:

• Be able to demonstrate at least 2 years of job experience or training.
• Be performing work for which qualified workers are not available in the United States.

Professionals must:

• Be able to demonstrate possession of a U.S. Bachelor’s  degree, or foreign degree equivalent. That Bachelor’s degree is the normal requirement for entry into the occupation.
  • Education/experience may not be substituted for a baccalaureate degree.
• Be performing work for which qualified workers are not available in the United States.

Unskilled workers must:

• Be able (at the time the petition is filed on your behalf) to perform unskilled labor that isn’t temporary or seasonal (requiring less than 2 years training or experience),  for which qualified workers are not available in the United States.

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.

Processing Time for L-1b to Green Card

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:

• https://simplecitizen.com
• https://learn.simplecitizen.com

Last Updated: January 15, 2025.

‍

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.

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).

What documentation do I need to fly domestically within the U.S.?

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.

• Driver's license or other state photo identity cards issued by Department of Motor Vehicles
• U.S. passport
• U.S. passport card
• DHS trusted traveler cards (Global Entry, NEXUS, SENTRI, FAST)
• U.S. Department of Defense ID, including IDs issued to dependents
• Permanent resident card (green card)
• Border crossing card (for Mexican citizens)
• DHS-designated enhanced driver's license
• Federally recognized, tribal-issued photo ID
• HSPD-12 PIV card
• Foreign government-issued passport
• Canadian provincial driver's license or Indian and Northern Affairs Canada card
• Transportation worker identification credential
• U.S. Citizenship and Immigration Services Employment Authorization Card (Form I-766/EAD/work permit)
• U.S. Merchant Mariner Credential

Need to apply for a green card? - The Ultimate Guide on How to Get a Green Card.

What documentation does my child need to fly domestically within the U.S.?

According to TSA, children under age 18 do not need to provide identification when traveling with a companion domestically within the U.S.

Can I use my Form I-797 as a form of identification for air travel?

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:

• Temporary paper IDs
• Expired IDs
• Credit cards
• Social security cards
• Birth certificates
• Marriage certificates
• Bank statements or bills
• Any other ID you have available

What if I arrive at the airport without valid ID, because it’s lost or left at home?

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.

• A TSA officer will likely ask you to complete an identity verification process, during which you will provide information such as your name, current address, and other personal information.
• If TSA can confirm your identity, you will be allowed to enter the security screening checkpoint. TSA may require you to undergo additional screening, such as a pat-down and screening of carry-on luggage.
• TSA recommends arriving at the airport at least two hours before a domestic flight due to potential extra screening time requirements and wait times.
• If TSA cannot confirm your identity or if you decline to undergo the identity verification process, you will not be allowed to enter the security screening checkpoint.

What do I do if TSA discriminates against me in the security screening process?

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:

• File a complaint with the TSA Multicultural Branch
• File a complaint with the U.S. Department of Homeland Security (DHS), which houses the TSA, through their Office for Civil Rights and Civil Liberties
• Apply for traveler redress through the DHS Office for Civil Rights and Civil Liberties

You may apply for for DHS Traveler Redress if you experienced one or more of the following:

• You are unable to print a boarding pass.
• You are denied or delayed boarding a plane.
• You are denied or delayed entry into and exit from the U.S. at a port of entry or border checkpoint.
• You are continuously referred for additional screening at the airport.

What types of Form I-797 could be issued to me?

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.

• As of January 2018, foreign visitors to the U.S. no longer need to fill out a paper version of the Form I-94, the Arrival and Departure Record, with a Customs and Border Protection (CBP) Officer in order to enter the U.S.
• CBP now gathers air and sea travelers’ arrival/departure information automatically from their electronic travel records.
• Upon arrival to the U.S., a CBP officer will stamp the travel document of each arriving non-immigrant traveler with the admission date, the class of admission, and the date that the traveler is admitted.
• If you need the information from your Form I-94 admission record to verify immigration status or employment authorization, the record number, and/or other admission information, you can get your I-94 number here.
• If you would like a paper Form I-94, you can request a form during the inspection process.
• You can learn more about the I-94 updated procedure here.

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.

How can I get more information about the status of my applications?

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.

Last Updated: February 20, 2020.

‍

With all of the different eligibility categories, it can be hard to figure out what you should pay for the Form I-765 filing fee.

Here's the breakdown.

What's the regular filing fee for Form I-765?

Normally, the filing fee for Form I-765 is $410.

Keep reading to see if you fall into a category where this isn't the case.

Do I have to pay a Biometric Services fee?

If you're filing under one of the following eligibility categories, you have to submit an $85 Biometric Services fee:

• (c)(33) Consideration of Deferred Action for Childhood Arrivals (DACA)
• (c)(35) Principal Beneficiary of an Approved Employment-based Immigrant Petition Facing Compelling Circumstances
• (c)(36) Spouse or Unmarried Child of a Principal Beneficiary of an Approved Employment-based Immigrant Petition

The Biometric Services fee is payed in addition to the regular $410 fee. That means that if you fall into one of the above categories, your fee comes to a total of $495.

Who doesn't have to pay the filing fee?

What follows is a list of the people who don't have to pay the filing fee, taken directly from the USCIS Form I-765 instructions.

Read over this list carefully to see if you qualify.

If this is the first time you're filing Form I-765 to apply for an EAD, the following categories are exempt from the filing fee:

• (a)(3) Refugee
• (a)(4) Paroled as Refugee
• (a)(5) Asylee
• (a)(7) N-8 or N-9 nonimmigrant
• (a)(8) Citizen of Micronesia, Marshall Islands, or Palau
• (a)(10) Granted Withholding of Deportation
• (a)(16) Victim of Severe Form of Trafficking (T-1)
• (a)(19) U-1 Nonimmigrant
• (c)(1), (c)(4), or (c)(7) Dependent of certain foreign government, international organization, or NATO personnel
• (c)(8) Applicant for Asylum (an applicant filing under the special ABC procedures must pay the fee)
• (c)(31) VAWA Self-Petitioner.

If you're filing Form I-765 to renew your EAD, the following categories are exempt from the filing fee:

• (a)(8) Citizen of Micronesia, Marshall Islands, or Palau
• (a)(10) Granted Withholding of Deportation
• (c)(l), (c)(4), or (c)(7) Dependent of certain foreign government, international organization, or NATO personnel
• (c)(9) or (c)(16) Adjustment applicant who applied after July 30, 2007
  • For more information about this category, see the section below, "What if I'm submitting (or have already submitted) Form I-485?"

If your EAD is lost, stolen, or damaged and you're filing Form I-765 to replace it, the following categories are exempt from the filing fee:

• (c)(l), (c)(4), or (c)(7) Dependent of certain foreign government, international organization, or NATO personnel

Am I eligible for a Fee Waiver?

If you can't pay the filing fee for Form I-765, you may be eligible to have your fee waived. In this case, you should fill out Form I-912 (Request for Fee Waiver) and submit it along with your Form I-765. Make sure to include all of the necessary evidence to prove that you can't pay the filing fee.

If you don't want to submit Form I-912, you have the option of submitting a letter instead. This letter should clearly explain your situation and why you can't pay the filing fee for Form I-765. It also needs to be signed by everyone requesting the fee waiver, and should include any relevant evidence that proves that you can't pay the filing fee. Submit this letter along with your Form I-765.

What if I'm submitting (or have already submitted) Form I-485?

If you're planning on submitting Form I-485 (Application to Register Permanent Residence or Adjust Status) and its associated filing fee, you don't have to pay an additional filing fee for Form I-765. You can submit both forms at the same time with just the filing fee for Form I-485.

If you've already submitted your Form I-485, you can still submit Form I-765 without having to pay the filing fee. In order to qualify, you need to have submitted your Form I-485 on or after July 30, 2007, along with its filing fee. After submitting Form I-485, you should have received a Form I-797C, Notice of Action. This Notice of Action is basically a receipt that tells you that USCIS has received your Form I-485 and is processing it. If you include a copy of this Notice of Action with your Form I-765 when you submit it, you won't have to pay the filing fee.

If you've filed Form I-485 and your original EAD has been lost, stolen, or damaged, you'll need to submit another Form I-765 to get it replaced. In this case, you do have to pay the regular $410 fee, but you won't have to pay the $85 Biometric Services fee.

How do I make the payment?

You can pay the filing fee with either a check, money order, or credit card.

If you pay with a check or money order, it must be drawn on a bank in the U.S. and be payable in U.S. dollars. Make it payable to the U.S. Department of Homeland Security, exactly as it's written here. Don't use an abbreviation like USDHS.

As always, if you have questions about the Form I-797 or any other immigration form, please feel free to reach out to our support team and we'll help you.

Last Updated: January, 2020.

‍

Becoming a U.S. citizen is a rewarding process, but it can be hard to navigate all of the different requirements and forms. Let's take a look at the top 10 questions about becoming a U.S. citizen.

What are the ways to become a U.S. citizen?

There are two different ways to become a U.S. citizen: through birth or through naturalization.

If one of your parents is a U.S. citizen, you may have qualified to become a U.S. citizen at birth. If this is your case, and you'd like to claim your citizenship, you'll have to file Form N-600 or N-600K. These forms are basically used to prove that at least one of your parents was a U.S. citizen and that you're eligible for a Certificate of Citizenship.

Naturalization is the more common way of becoming a citizen. If you're currently a permanent resident in the United States, the way to become a citizen is through the naturalization process. To do this, you'll need to file Form N-400, Application for Naturalization.

If you are not currently a legal permanent resident, here is our ultimate guide on applying for legal permanent residency.

Why should I become a U.S. citizen?

There are lots of benefits to being a U.S. citizen. You get priority status when you petition to bring your family members to the United States, you get to vote, you can get a U.S. passport and use it for traveling abroad, and if your children are born overseas they receive U.S. citizenship automatically. You can also get a job in the federal government and run for office in the United States.

What responsibilities will I have as a U.S. citizen?

When you become a U.S. citizen, you commit to certain responsibilities. These include participating in the political process, doing jury duty when required, registering for the selective service (if you're a male between the ages of 18-26), and promising to uphold the Constitution and laws of the United States.

What are the requirements to become a U.S. citizen?

To become a U.S. citizen through naturalization, you normally have to fulfill the following requirements:

1. You have to be 18 years old or older,
2. You need to be a green card holder for at least the 5 years leading up to your application for citizenship,
3. During those 5 years, you need to have continuous residence in the United States,
4. Also during those 5 years, you need to have been physically present in the U.S. for at least 30 months,
5. You need to have lived in the same state or USCIS district for at least 3 months leading up to your application,
6. Once you apply, you need to live continuously in the U.S. until the naturalization process is complete,
7. You need to be a person of good moral character and committed to the principles in the U.S. Constitution, and
8. You have to be able to speak, read and write basic English and have a basic understanding of U.S. history and government.

These basic requirements are taken from the USCIS website. However, these requirements may change based on your individual circumstances. You should check out our complete guide to applying for United States citizenship to read more about the requirements and see which ones apply to you.

In some cases, you may be eligible to have some of the requirements waived completely. For example, if you're over age 50 when you apply for citizenship, and if you've lived in the U.S. for at least 20 years, you don't have to speak English to become a citizen. If you have a medical disability, you may not be required to take the English and civic exams. To learn more about exceptions and accommodations and to see if you qualify for any, click here.

You can check your eligibility for applying for U.S. citizenship here.

What if I'm married to a U.S. citizen?

If you're married to a U.S. citizen, the requirements for naturalization change a little bit. The biggest difference is that you only have to live in the U.S. for 3 years instead of 5. If your spouse is in the military or works for the U.S. government and is going to be stationed abroad, you may be able to become a citizen even more quickly.

Read: How to Become a United States Citizen

What if I'm serving or have served in the U.S. military?

If you've served in the U.S. military, you and your family may be eligible for special benefits when it comes to applying for citizenship. The requirements vary widely, but in general, if you've served in the military for a certain amount of time, both you and your family members can qualify for citizenship. You may have to file Form N-426, Request for Certification of Military or Naval Service, as proof that you are or were in the military.

If you've served in the U.S. military, you may also not be required to pay filing fees on some forms. See each form's instructions for details.

When a member of the U.S. military dies during their service, they may qualify to receive citizenship posthumously. In this case, Form N-644, Application for Posthumous Citizenship, should be filed on their behalf within 2 years of their death. As an immediate family member of someone who died while serving in the U.S. military, you may also qualify for citizenship.

How much does it cost to apply for citizenship?

If you're claiming U.S. citizenship through birth, the filing fee for Form N-600K is $1,385 for paper filing and $1335 for online filing.

If you're applying for naturalization, the general Form N-400 fee is $760 for paper filing and $710 for online filing. However, there are some exceptions that may lessen the fee amount.

What's the processing time after I've submitted everything?

Processing times can vary widely, but you should plan on at least several months for any of these forms. Once you've submitted your form, you can check it's progress with the USCIS Case Status Checker.

What happens when I go in for my interview?

In your interview, you'll be asked questions about your application for citizenship and your background.

As part of your interview, you'll have to take a civics test. This test is made up of 10 questions about the U.S. government and how it works. To pass the test, you'll have to get 6 of the questions right.

You'll also have to take an English test during your interview. The English test has 3 parts--speaking, reading, and writing. Your speaking ability will be measured by the USCIS officer conducting the interview. For the reading test, you'll be asked to read an English sentence out loud. For the writing test, you'll need to write out a sentence in English correctly.

If you fail either the civics test or the English test, you get one more chance to retake it with your current application. You'll be retested on the part of the test that you failed between 60 and 90 days after your first interview. If you fail again, you'll have to submit a new application for citizenship.

For a video that gives an overview of the interview and the civic and English tests, click here.

Can I reapply if my application is denied?

If you're trying to become a citizen through naturalization and your Form N-400 is denied, then yes you typically can! You have the option of appealing your decision using Form N-336. You'll be able to find information about appealing your decision in your denial letter.

If you don't want to appeal your decision, you can still usually reapply for citizenship. If you were denied because you didn't pass the civic or English tests, you can reapply as soon as you'd like. If you were denied for some other reason, your denial letter should give you a date when you can reapply for citizenship. To reapply, you'll have to file a new Form N-400 and pay the filing fee again.

If you applied for a Certificate of Citizenship with Form N-600 or Form N-600K and your application was denied, you can appeal the decision within 30 days by filing Form I-290B. After the 30 days are up, you can use Form I-290B to appeal to have your case reopened.

Ways to Apply for Citizenship

Fill Out On a Computer

Download and view in a PDF viewer.

Download PDF

SimpleCitizen's Application Builder

Form N-400 is included with SimpleCitizen.

Get Started*Includes Attorney Review

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

Additional Resources

How to Become a United States Citizen

4 Common Reasons Citizenship Applications are Denied

How to Apply for Citizenship while Serving in the United States Military

Start your Citizenship Application with SimpleCitizen

Last Updated: January 20, 2020.

‍

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

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

What is the H-1B visa?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

What documentation must my H-1B petition include?

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

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

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

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

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

H-1B Visa is Included with SimpleCitizen for Business

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

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

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

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

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

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

Helpful Resources

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

Last Updated: 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.”

Do I need a Green Card to become a U.S. Citizen?

Yes. You can become a United States citizen in one of two ways:

1. Born to a United States Citizen

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.

2. Naturalization

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:

• Be 18 when you file for naturalization. (Form N-400)
• Be a lawfully admitted permanent resident. (Have a legal green card.)
• When you are filing:
  
  • Have been a permanent resident (proved by green card) for 5 years, OR
  • Have been a permanent resident for 3 years and meet eligibility requirements to file as a spouse of a U.S. citizen.
• Demonstrate continuous permanent residence.
• Demonstrate physical presence in the U.S.
• Have lived within the state or district (in which you are filing) for 3 months before filing.
• Demonstrate good moral character.Demonstrate belief (and support) in the principles and ideals of the U.S. Constitution.Demonstrate your ability to read, write, speak, and understand basic English.Demonstrate knowledge of U.S. history, government, and civic principles.Take an oath of allegiance to the US.Receive a Certificate of Naturalization.

For more information read “How to Become a United States Citizen”.

‍

What is a Green Card?

A Green Card, or Permanent Resident Card, is issued as proof that you are authorized to live and work in the U.S.

Who is Eligible for a Green Card?

You are eligible to get a green card through one of eight categories:

• Family
• Employment
• As a Special Immigrant
• Refugee or Asylee Status
• Human Trafficking and Crime Victims
• Victims of Abuse
• Other Categories
• Registry

If you Apply for a Green Card through Family:

You may be eligible to apply for a green card based on family if you are:

• The immediate relative of a U.S. citizen
  
  • A spouse
  • Unmarried child under 21
  • Parent of a child who is at least 21
• The relative of a U.S. citizen or lawful permanent resident
  
  • Relative:
    
    • Unmarried child and 21 or older
    • Married child
    • Sibling and 21 or older
  • Lawful Permanent Resident:
    
    • Spouse
    • Unmarried child under 21
    • Unmarried child 21 or older
  • The fiancé of a U.S. citizen or the fiancé’s child
    
    • Admitted to U.S. as fiancé (K-1 nonimmigrant)
    • Admitted as child of fiancé (K-2 nonimmigrant)
    • Widow(er) of a U.S. citizen
    • You must have been married to your spouse at the time of their death
  • A VAWA (Violence Against Women Act) self-petitioner, victim of battery, or extreme cruelty
    
    • Abused spouse
    • Abused child, unmarried and under 21
    • Abused parent

Apply for a Green Card through Employment as:

• An Immigrant Worker
  • 1^st preference immigrant worker
    • Extraordinary ability in the sciences, arts, education, business or athletics
    • Outstanding professor or researcher
    • Multinational manager or executive (who meets certain criteria)
  • 2^nd preference immigrant worker
    • Member of a profession that requires an advanced degree
    • Exceptional ability in the sciences, arts, or business
    • Seeking a national interest waiver
  • 3^rd preference immigrant worker
    • Skilled worker (requires 2-year training/ work experience at a minimum)
    • Professional (requires US bachelor’s degree or foreign equivalent)
    • Unskilled worker (less than 2 years of training/ experience)
  • Physician National Interest Waiver
    • To qualify you must agree to work full-time in an underserved area for a set amount of time and meet other eligibility requirements.
  • Immigrant Investor
    • Have invested or in the process of investing in the United States. At least $1 million in a new commercial enterprise or $500,000 in a targeted employment area. The investment must create at least 10 full-time positions.

Applying as a Special Immigrant:

• Religious worker
  • Member of a denomination coming to the U.S. to work for a nonprofit religious organization
• Special immigrant juvenile
  • If you are a child and you have been abused, abandoned, or neglected you have SIJ status
• Afghanistan or Iraq national
  • Served as an Afghan or Iraqi translator for the U.S.
  • Employed by U.S. government in Iraq for at least 1 year on or after March 20, 2003
  • Employed by the International Security Assistance Force as an Afghan
• International broadcaster
  • Coming to work as a member of the media in the U.S.
• Employee (or family member) of an international organization OR employee (or family member) of NATO-6
  • A retired officer or employee of certain international organizations or NATO and certain family members

Applying through Refugee or Asylee Status:

• Asylee
  • Must have been granted asylee status at least 1 year ago.
• Refugee
  • Must have been granted asylee status at least 1 year ago.

Applying as Human Trafficking and Crime Victim:

• Human trafficking victim
  • Must have a T nonimmigrant visa
• Crime victim
  • Must have a U nonimmigrant visa

Applying as Victim of Abuse:

• A VAWA (Violence Against Women Act) self-petitioner, victim of battery, or extreme cruelty
  • Abused spouse
  • Abused child, unmarried and under 21
  • Abused parent
• Special immigrant juvenile
  • If you are a child who has been abused, abandoned, or neglected you have SIJ status.
• An abused spouse (or child) under the Cuban Adjustment Act
  • Must be an abused spouse or child of a Cuban native or citizen.
• An abused spouse (or child) under Haitian Refugee Immigrant Fairness Act (HRIFA)
  • Must be an abused spouse or child of a lawful permanent resident who has received their green card based on HRIFA.

Applying through Other Categories:

• Diversity immigrant visa program
  • Must have been selected for a diversity visa in the Department of State’s diversity visa lottery.
• Cuban Adjustment Act
  • A Cuban native/ citizen
  • Spouse or child of Cuban native/ citizen
• Abused spouse/ child under the Cuban Adjustment Act
  • Must be the abused spouse or child of a Cuban native/ citizen.
• HRIFA Dependent status
  • Spouse or child of someone who received their green card under HRIFA
• Abused spouse/ child under HRIFA
  • Abused spouse or child of someone who received their green card under HRIFA
• Lautenberg parolee
  • Paroled into the U.S. as a Lautenberg parolee
• Indochinese Parole Adjustment Act of 2000
  • A native/ citizen of Vietnam, Kampuchea, or Laos paroled under the Orderly Departure Program on or before Oct. 1, 1997. Or you are from a refugee camp in East Asia or a UNHCR displaced person camp in Thailand.
• American Indian born in Canada
  • 50% or more American Indian and born in Canada
• Person born in the U.S. to a foreign diplomat
  • Born to a foreign diplomatic officer stationed in the U.S. at your time of birth.
• Section 13 (diplomat)
  • Were stationed in the U.S. as a foreign diplomat and unable to return home.

Applying through Registry:

• Continuous registration
  • If you have resided in the U.S. constantly since before Jan. 1, 1972 and registered each year you’ve lived in the U.S. you may qualify to get a green card even if you are currently in the U.S. unlawfully.

How do I get a Green Card?

The process will vary case to case. But in general, these are the steps you will need to follow:

• Someone must file an immigrant petition for you. In some cases, you may be eligible to file this yourself.
• You must either file a green card or a visa application. File this after your immigrant petition is approved.

For more information on how to apply for a Green Card, read this: “The Ultimate Guide on How to Get a Green Card.”

How do I find the Status of my Application?

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.

How long does a Green Card last?

There are two types of green cards:

• 10-year Permanent Resident Card
• 2-year Conditional Permanent Resident (typically through family petitions)

How do I renew my Green Card?

To renew a 10-year green card:

• Prepare and File Form I-90. Do it online here.

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.”

Renew a 2-year 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.

How much does it Cost to get a Green Card?

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:

• On a family relationship – Form I-130 costs $675
• As a fiancé – Form I-129F costs $675
• On an employment-based case – Form I-140 costs $715

Then the filing fee for Form I-485 (the application for your green card) costs:

• Under 14 filing with at least 1 parent - $950
• Under 14 not filing with a parent - $1440
• Most other applicants - $1440
• Filing based on refugee status - $0

Optionally you can file for work and travel authorization:

• Form I-765 - $260
• Form I-131 - $630

What is the Green Card Lottery?

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:

• Have been selected by the lottery for a diversity visa
• Have an immigrant visa ready when applying for a green card
• Be admissible to the U.S.

You will then need to file Form I-485 to get a green card.For more information on the Green Card Lottery, click here.

Do I need a Lawyer to apply for my Green Card?

No.When filing for your green card you generally have 3 options:

1. File by yourself

This may be confusing and time consuming as you try to figure out what forms you need to file.

2. Hire an immigration attorney

The attorney will help you file your forms. But you will also need to pay your attorney.

3. Use SimpleCitizen

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.

Get Started Today

Online with SimpleCitizen Includes:

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

Print & Fill Out Paper Forms

Print the PDF and fill by hand with black pen.Print PDF

Hire a Legal Professional

Find a legal professional to complete the forms.Visit AILA.com

Helpful Links

The Ultimate Guide to Getting a Green CardImmigration Discussion Board

Last Updated: January 15, 2020.

‍

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

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

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

3 H-1B Alternatives

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

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

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

Alternative #1: E-2 Visa

Purpose: Investing Capital into a Business

Valid for: 2 Years

Possible to Extend?: Yes

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

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

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

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

How to renew the E-2 visa

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

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

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

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

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

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

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

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

Alternative #2: EB-5 Visa

Purpose: Investing in a Commercial Enterprise

Valid for: 2 Years

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

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

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

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

Commercial Enterprise Requirements

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

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

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

Job Creation or Maintenance Requirements

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

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

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

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

Investment Requirements

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

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

Investing in Regional Centers

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

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

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

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

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

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

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

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

Start: Removal of Conditions Application

Alternative #3: O-1 Visa

The Sciences, Arts, Education Business, & Athletics

Valid for: 2 Years

What is the O-1 Visa?

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

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

O-1 Visa Petition Eligibility

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

• The sciences
• Arts
• Education business
• Athletics

OR

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

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

Types of O Visas

There are 4 types of O nonimmigrant visas.

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

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

O-1 Visa Petition

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

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

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

Required Supporting Documents

Required documents to include in the petition are:

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

Breakdown of Evidentiary Documents

O-1A:

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

For O-1B:

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

O-2:

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

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

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

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

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

Extension of Stay

An extension may last up to 1 year.

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

O-1 and O-2 Petition Processing Times

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

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

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

Changing Employers

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

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

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