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Last Updated: January 20, 2020.

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

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

What is the H-1B visa?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

What documentation must my H-1B petition include?

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

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

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

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

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

H-1B Visa is Included with SimpleCitizen for Business

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

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

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

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

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

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

Helpful Resources

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

Last Updated: May 8, 2024.

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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”.

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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.

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

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

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

3 H-1B Alternatives

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

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

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

Alternative #1: E-2 Visa

Purpose: Investing Capital into a Business

Valid for: 2 Years

Possible to Extend?: Yes

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

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

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

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

How to renew the E-2 visa

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

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

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

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

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

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

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

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

Alternative #2: EB-5 Visa

Purpose: Investing in a Commercial Enterprise

Valid for: 2 Years

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

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

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

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

Commercial Enterprise Requirements

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

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

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

Job Creation or Maintenance Requirements

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

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

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

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

Investment Requirements

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

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

Investing in Regional Centers

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

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

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

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

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

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

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

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

Start: Removal of Conditions Application

Alternative #3: O-1 Visa

The Sciences, Arts, Education Business, & Athletics

Valid for: 2 Years

What is the O-1 Visa?

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

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

O-1 Visa Petition Eligibility

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

• The sciences
• Arts
• Education business
• Athletics

OR

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

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

Types of O Visas

There are 4 types of O nonimmigrant visas.

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

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

O-1 Visa Petition

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

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

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

Required Supporting Documents

Required documents to include in the petition are:

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

Breakdown of Evidentiary Documents

O-1A:

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

For O-1B:

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

O-2:

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

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

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

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

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

Extension of Stay

An extension may last up to 1 year.

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

O-1 and O-2 Petition Processing Times

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

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

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

Changing Employers

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

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

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

How to fill out Form I-693 (For the Applicant)

The I-693 includes 10 parts. As the Applicant you only need to fill out Part 1 before your doctor appointment. You will also need to write your name and Alien Number (when you have one) at the top of each page of the form. This should be an 8 or 9 digit number starting with the letter A and can be found on any letters or notices you may have received from the Department of Homeland Security.To fill out Part 1 you will need:

• Your full name (your legal name)
• Your address – the place you live, PO boxes will not work
• Your sex
• Your date of birth
• The city, town, or village in which you were born
• The country you were born in
• Your Alien Registration Number (A-Number) if you have one
• Your USCIS online account number, if you have one

As the Applicant you will also need to fill out Part 2. This part is where you give some contact information and sign the form. You MUST fill out this section with the civil surgeon present to witness you filling it out. Form I-693 is included in Green Card Application Builder

Doctor Appointment

To find a USCIS certified surgeon:

• Go to uscis.gov‍
• Select “Find a Doctor”
• Enter your ZIP Code
• Click “Search"

A list of doctors in your area should appear. Select one and make an appointment by calling the number next to it.

How to fill out Form I-693 (For the Interpreter

You will be required to fill out Part 3. This includes:

• Your name
• The name and address of the business or organization (when applicable)
• Your daytime telephone number
• Your mobile telephone number (if you have one)
• Your email address (if you have one)
• Your signature and the date

How to fill out Form I-693 (For the Civil Surgeon)

As a USCIS certified civil surgeon you are required to report true and accurate results from your examination.To do this you will need to take down the information from the Applicant’s government-issued identification. You will also be responsible for witnessing that the Applicant fills out and signs Part 2.You will need to follow the most recent Department of Health and Human Services regulations and the Centers for Disease Control and Prevention guidelines. Those guidelines can be found here.You may also be asked to make referrals and file case reports. These processes can also be found in the CDC guidelines.When filling out the I-693 you will need to:

• Verify the Applicant’s Identification Information
• Give a summary of the medical examination, after the exam and any follow-ups necessary are completed
• Give your contact information and sign the form after the examination is complete, certifying that you are a legal civil surgeon. (If you are performing the assessment for a refugee adjustment applicant you will need to include the licensed physician that was present during the examination and the official stamp or raised seal of the health department. If you are a military physician performing the examination for a member or veteran of the U.S. Armed Forces or Coast Guard or certain eligible dependents, the licensed military physician’s signature – who is operating under the blanket civil surgeon – is required as well as the official stamp or raised seal of the military treatment facility.)
• Fill out the worksheet included in the I-693
• Include the results of any lab work or other studies that were required to determine whether the Applicant is inadmissible to the U.S. on health-related issue
• If a referral is required, fill out Item 5 in the worksheet found in Part 7. The physician referred will then need to fill out Part 8. (If a referral is not necessary, leave Item 5 in the worksheet blank.)

Is there a filing fee?

There is no filing fee for the I-693.

How to file the I-693

• Make an appointment with a civil surgeon certified by USCIS.
• Fill out Part 1. In your I-693. (Do not sign it yet. You must sign the form in front of the civil surgeon.)
• Keep your appointment with the civil surgeon. If more visits are necessary, attend all of those as well. Make sure to bring proof of your identity and any medical records you may have with you to your appointment. For proof of identity bring a valid government-issued photo identification (i.e. valid passport or driver’s license). If you are under 14 documents must show your name, place of birth, parents’ full names, and any other information that can identify you (i.e. birth certificates or affidavits, include translations when necessary).
• The civil surgeon should complete the I-693, witness you signing it, and make a copy. The civil surgeon should seal the original I-693 in an envelope and give it to you to submit to USCIS and give you the copy they made.
• You should then submit the sealed letter to USCIS. If you are filing the I-693 because you are applying for and adjustment of status you may do this in one of three ways:
• Mail it with your Form I-485 to the address that matches your reason for filing the I-485. A list of reasons for filing the I-485 and the address needed can be found here.
• Mail the I-693 after you’ve mailed the I-485 to the address specified in your latest communication with USCIS.
• Submit the I-693 in person when you go in for an interview at a USCIS field office.

If you are not applying for an adjustment of status, follow the instructions given by the office requesting the medical examination.

Ways to fill out the Form I-693

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Last Updated: January 15, 2020.

‍

You need to submit the Form I-131 when you are applying for: a Reentry Permit, a Refugee Travel Document, or an Advance Parole Document. In addition to the form, you also need to submit various supporting documents. This form I-131 checklist will help figure out which documents you need to include.

There are some basic items you will need to include when submitting the Form I-131 regardless of your situation. There are also some additional items you may need to submit based on the reason for your application (Reentry Permit, Refugee Travel Document, or Advance Parole Document).

Let's get started with the basic form I-131 checklist you need to include:

Basic Form I-131 Checklist:

• A copy of your filled out Form I-131
• Identity documentation: a copy of an official document which shows your photo, name, and date of birth. For example, a current Employment Authorization Document, a valid driver’s license, the passport identity page, Form I-551, or a Permanent Resident Card.
• Photographs
• Biometrics Services (Please note: there is a biometrics services fee for those applicants between 14-79 seeking Reentry Permits and/or Refugee Travel Documents..)
• Filing Fee

Reentry Permit Checklist:

You need to attach a copy (front and back) of your Form I-551.

If you do not have your I-551 you have 2 options:

• Include a copy of the biographic pages of your passport and the visa page that shows your initial admission as a lawful resident; OR
• A copy of your Form I-797

Refugee Travel Document Checklist:

Attach a copy of the document showing your refugee (or asylee) status. This document should have been issued to you by the USCIS. It should include the expiration date of your refugee status.

If you are younger than 16 your filing fee will be $105. If you are 16 or older it will be $135.

Note: The application fee may not be required. This is true if you payed the fee and filed Form I-485 on or after 30 July 2007 and your I-485 is still pending. You must also now hold US refugee or asylee status.

Advance Parole Document Checklist:

The following requirements only apply for individuals who are currently in the US. You will need to attach:

• A copy of a document showing your current status in the US, issued to you by USCIS
• An explanation (or evidence) for the circumstances that prove why you qualify for an Advance Parole Document; OR
  • If you are seeking an adjustment of status – a copy of the receipt from USCIS. This receipt proves you filed the adjustment application; OR
  • If you are traveling to Canada to apply for an immigrant visa – a copy of the appointment letter from the US consular; OR
  • If your case has been deferred – under DACA by USCIS, include a copy of your I-797. If your case has been deferred by ICE, include a copy of your approval order, notice, or letter issued by ICE.
• You must also complete Part 4 for the I-131, and include evidence to support your claim. There are 3 accepted purposes:
  • Educational: include a letter from the school describing the purpose of travel and why your travel is necessary. OR include a document showing your in enrollment in a program that requires travel.
  • Employment: include a letter from your employer or conference host describing the need for travel.
  • Humanitarian: include a letter from your physician explaining your medical condition, the treatment you are seeking, and why your travel is medically necessary. OR include documentation of a family member’s illness or death.
• Your filing fee will be $575.

If you are seeking an Advance Parole Document and you are outside the US you have a couple of options. You make file under a Family Reunification Parole policy or not.

• Under one of the Family Reunification Parole policies you will need to attach:
  • For HFRP: the completed document described by the HFRP Program in the application instructions of their invitation letter
  • For CFRP: the completed document described by the CFRP Program in the application instructions of their invitation letter
  • For the FWVP Program:
    • A copy of your I-797 or a printout from Case Status Online
    • Your completed Form I-134
    • Evidence that the WWII service from the Filipino veteran was previously recognized by the US Army. This service is to be defined by section 405 of the Immigration Act of 1990, as it is amended.
    • Evidence of your marriage and a copy of your spouse’s death certificate. If you are the surviving spouse of the Filipino WWII veteran
  • If you are not filing under one of the Family Reunification Parole polices listed above you will need to include:
    • For humanitarian or significant public benefit reasons:
      • A detailed description of why such a situation requires an Advance Parole Document
      • An explanation of the length time for which you are requesting the parole
      • Copies of evidence that show the basis of your request.
    • Your Form I-134
    • A statement explaining why you cannot obtain a US visa. This statement should include when and where you have tried to obtain a visa. Or an explanation for why you did not seek a visa when entering the US.
    • If it applies to you, include a statement explaining why a waiver of inadmissibility cannot be obtained. Include when and where you a have attempted to obtain a waiver, and a copy of any DHS decisions about your waiver request. Or an explanation for why you have not sought a waiver.
    • A copy of any decision on an immigrant or non-immigrant petition or application and evidence regarding a pending petition or application.
    • And, unless the evidence submitted showing your photo, name, and date of birth was your passport, you will need to include:
      • A copy of the biographical page of your beneficiary’s passport. If their passport is not available, provide an explanation for why and include a different government-issued identity document that shows the beneficiary’s citizenship.
      • Copies of your and your Form I-134 sponsor’s official identity documents and evidence of your sponsor’s citizenship or US immigration status. This could be a copy of a US passport, lawful permanent resident card, or birth certificate.

Note: If you are filing for an Advance Parole Document, the application fee may not be required. This is true if, you payed the fee and filed Form I-485 on or after 30 July 2007 and it is still pending. You must also be returning to the US after temporary foreign travel. In this case, you may file your I-131 with your I-485. Or you can submit your I-131 later. You will then need to submit a copy of your I-797 to show you paid your I-485 fee.

Ways to fill out and submit Form I-131:

Fill Out On a Computer

Download and view in a PDF viewer.

Download PDF

SimpleCitizen's Application Builder

Form I-131 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

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Find a legal professional to complete the form.

Visit AILA.com

Last Updated: May 12, 2020

‍

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

The Basics

What is the Green Card Lottery?

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

What is a green card?

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

The Application for the Green Card Lottery

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

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

Submitting your application

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

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

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

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

Requirement #1: The visa lottery countries

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

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

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

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

Requirement #2: School or work experience.

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

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

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

Requirement #3: Admissibility

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

Getting Selected

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

Passing the Interview

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

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

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

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

Required documents could include all applicable civil documents

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

Read this to understand consular processing.

Receiving your Green Card

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

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

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

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

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

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

The Happy Ending

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

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

Last Updated: January 15, 2020.

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What is the Form I-131 Travel Application?

Form I-131 is a travel application. This travel document often is used by green card holders.

You can use it to apply for a re-entry permit, refugee travel document or advance parole travel document.

• A Re-entry permit enables a lawful permanent resident or conditional permanent resident (Green Card Holders qualify for both of these categories) to apply to be admitted into the United States, after returning from travel abroad, without the need to obtain a returning resident visa from a U.S. Embassy or U.S. Consulate.
• A Refugee Travel Document can be allotted to an individual in valid refugee or asylee status, or to a lawful permanent resident who obtained refugee or asylee status in the United States.
  • Individuals who hold asylee or refugee status and are not lawful permanent residents must have a Refugee Travel Document to return to the United States after travel abroad, unless they possess an Advance Parole Document.
  • You should apply for a Refugee Travel Document BEFORE you leave the United States.
• An Advance Parole Travel Document allows you to physically enter into the United States for a specific purpose without applying for a visa.
  • This document can authorize you to appear at a port of entry to seek parole into the United States. However, someone who has been “paroled” has not been permanently admitted to the United States and remains an “applicant for admission” even while paroled.
  • Although the document may be accepted by a transportation company instead of a visa as permission to travel to the United States, an Advance Parole Document cannot replace a required passport. Most Advance Parole Documents are issued for multiple entries; however; some are issued for single entries.

Form I-131 is Included with SimpleCitizen.

What supporting documents do I attach to Form I-131?

You will need the following documents in order to fill out and submit I-131:

• Your application with the filing fee.
• A copy of an official photo identity document showing your photo, name, and date of birth
  • These include: your current Employment Authorization Document, if available; a valid government-issued driver’s license; passport identity page; Form I-551, Permanent Resident Card; or any other official identity document.
  • Form I-94 Arrival-Departure Record is not acceptable as a photo identity document.

Document Upload is Included with SimpleCitizen.

Additional Documentation Required for Reentry Permit Application:

• A copy of the front and back of your Form I-551; OR
  • If you have not yet received your Form I-551, a copy of the biographic pages of your passport and a copy of the visa page showing your initial admission as a lawful permanent resident, or other evidence that you are a lawful permanent resident
• A copy of the Form I-797, Notice of Action, approval notice of an application for replacement of your Form I-551 or temporary evidence of lawful permanent resident status.

Additional Documentation Required for Refugee Travel Document Application:

• A copy of the document issued to you by USCIS showing your refugee or asylee status and the expiration date of this status.

Additional Documentation Required for Individuals Currently In the U.S.:

• A copy of any document issued to you by USCIS showing your present status, if any, in the United States; AND
• An explanation or other evidence showing the circumstances that warrant issuance of an Advance Parole Document; OR
  • If you are an applicant for adjustment of status, a copy of a USCIS receipt to prove that you filed the adjustment application; OR
  • If you are traveling to Canada to apply for an immigrant visa, a copy of the U.S. consular appointment letter; OR
  • If USCIS has deferred action in your case under DACA, you must include a copy of the Form I-797 (Notice of Action) showing that the decision on your Form I-821D was to defer action in your case. If ICE deferred action in your case under DACA, submit a copy of the approval order, notice or letter issued by ICE.

Additional Documentation Required for Individuals Outside of the U.S.:

• A detailed description of why you are requesting an Advance Parole Document (urgent humanitarian reasons, significant public benefit reasons), an explanation for the length of time for which parole is requested, and copies of any evidence and documentation that supports the reasoning behind your request.
• Form I-134 (Affidavit of Support)
• A statement explaining why a U.S. visa cannot be obtained, including when and where attempts were made to obtain a visa, or an explanation of why a visa was not sought to enter the United States
• If applicable, a statement explaining why a waiver of inadmissibility cannot be obtained to allow issuance of a visa, including when and where attempts were made to obtain a waiver, and a copy of any DHS decision on your waiver request, or an explanation of why a waiver has not been sought
• A copy of any decision on an immigrant or non-immigrant petition or application filed for an individual seeking to enter the United States, and evidence regarding any pending immigrant or non-immigrant petition or application
• In addition to the identity document described in Item 1. Initial Evidence above, unless such document is a valid passport:
  • A copy of the biographical page of the beneficiary’s passport or, if it is not available, an explanation why a passport is not available and another government-issued identity document that establishes the beneficiary’s citizenship; and
  • Copies of the petitioner’s and Form I-134 sponsor’s official identity documents and evidence of their citizenship or U.S. immigration status (such as a copy of a U.S. passport, lawful permanent resident card, or birth certificate).

What is the processing time for Form I-131?

USCIS does not specify an average processing time for review and acceptance of Form I-131. However, USCIS processes forms in the order in which they are filed, so the sooner you submit your form, the faster it’ll be approved.

What is the Form I-131 mailing address?

You may submit Form I-131 by mail or online to USCIS. The direct filing addresses differ based on the type of travel document for which you are applying and immigration status you hold. You can find direct filing addresses on the USCIS website. For online applications, information about where to send your supporting documentation is provided when you submit your application electronically. You will be provided with a confirmation sheet when you submit your application online and you must place a copy of this confirmation sheet on top of your supporting documentation when you mail it to USCIS.

What is the Form I-131 class of admission?

The Form I-131 class of admission refers to the visa category by which you were admitted as an immigrant to the United States as a permanent resident or conditional permanent resident.

How long does my travel authorization last as granted through Form 1-131?

Travel authorization lasts for different periods of time for the following documents:

• Typically, a Reentry Permit issued to a lawful permanent resident is valid for 2 years from the date of issuance. It may not be extended.
• A Refugee Travel Document is valid for 1 year. It may not be extended.
• An Advance Parole Travel Document is valid for up to 1 year. Individuals may be granted a multiple entry or a single entry document.

What is the Form I-131 filing fee? Do I qualify for a fee waiver?

The Form I-131 filing fee ranges from $105 to $575 depending on your age and type of travel application you are requesting. Biometric service appointments are required in all cases and cost either nothing or $85 depending again on your age and type of travel application.  You do not need to pay a fee to file Form I-131 under the following conditions:

• You are filing Form I-131 Application Type B or D.
• You filed a Form I-485 with a fee on or after July 30, 2007.
• Your Form I-485 is still pending.

You may qualify for a fee waiver under 8 CFR 103.7(c). If you are eligible for a fee waiver, complete and submit Form I-912 (Request for Fee Waiver) with any required evidence of your inability to pay the filing fee with this application. You can review the fee waiver guidance at https://www.uscis.gov/feewaiver.

What if my documentation is in a language other than English?

Any document containing foreign language must be accompanied by a full English language translation which the translator has certified as complete and accurate. You must also include the translator’s certification that he or she is adequately able to translate from the foreign language into English.

Certified Document Translation is Included with SimpleCitizen.

What do I do after I fill out I-131?

After processing your application for a Reentry Permit, USCIS will inform you in writing when to go to your local Application Support Center (ASC) for your biometrics services appointment. This appointment is to gather physical data by which a person can be uniquely identified. At your biometrics appointment, USCIS will collect your fingerprints, take your photo, and have you sign your name for electronic capture. You must attend the biometrics services appointment in order to finalize your travel authorization. If you do not attend the appointment, your application may be denied.

Ways to fill out and submit Form I-131:

Fill Out On a Computer

Download and view in a PDF viewer.

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SimpleCitizen's Application Builder

Form I-131 is included with SimpleCitizen.

Get Started *Includes Attorney Review

Print & Fill Out Paper Form

Print the PDF and fill by hand with black pen.

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Hire a Legal Professional

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Don’t Forget:

• Upon returning to the United States, most people must present a valid H, L, K, or V nonimmigrant visa for re-entry.

Last Updated: July 9, 2020.

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What is Form I-765?

Form I-765 is the application for employment authorization.

What is employment authorization?

Employment authorization is when USCIS gives temporary authorization for employment to non-citizens. Immigrants can use Form I-765 to request an employment authorization document (EAD). This document grants the non-citizen temporary employment authorization in the United States.

Do I have to submit the Form I-765?

You must apply for an EAD with Form I-765 if you:

• Are approved to work in the United States due to your immigration status (asylee, refugee, or nonimmigrant) and need evidence of that employment authorization.
• Need to apply for permission to work, or to request employment authorization. You may have a:
  • pending Form I-485, Application to Register Permanent Residence or Adjust Status.
  • pending Form I-589, Application for Asylum and for Withholding of Removal.
  • a nonimmigrant status that does not allow you to work in the United States without first seeking permission from USCIS (such as an F-1 or M-1 student).

You do NOT need to apply for an EAD if you are a lawful permanent resident, conditional resident, or nonimmigrant. Your Green Card provides sufficient proof of your employment authorization. You also do NOT need to apply for an EAD if you possess a nonimmigrant visa that authorizes you to work for a specific employer (for example, an H-1B, L-1B, O, or P visa).

Can I work while my Green Card application is processing?

Processing Timeline: USCIS previously issued work authorization within 90 days, but their current processing time averages 4-7 months. While it can be frustrating to wait that long to receive work authorization, these processing times are shorter than the current green card wait times and are meant to make the wait time for the green card a little easier.

Required Supporting Documents

You will need the following documents in order to submit I-765:

• Your application with the filing fee.

If you are mailing your application to USCIS, you must also submit the following documentation, according to USCIS:

• A copy of Form I-94, Arrival-Departure Record (front and back), if available. If you are filing Form I-765 under the (c)(9) category, Form I-94 is not required.
• A copy of your last EAD (front and back). If no prior EAD has been issued, you must submit a copy of a government-issued identity document, such as a passport showing your picture, name, and date of birth; a birth certificate with photo ID; a visa issued by a foreign consulate; or a national ID document with photo and/ or fingerprint. The identity document photocopy must clearly show the facial features of the applicant and the biographical information. If you are filing under the (c)(33) category, additional documentation is not required.
• You must submit two identical color photographs of yourself taken within 30 days of filing your application. The photos must have a white to off-white background, be printed on thin paper with a glossy finish, and be unmounted and un-retouched. The passport-style photos must be 2” by 2”. The photos must be in color with full face, frontal view on a white to off-white background. Head height should measure 1” to 1 3/8” from top to bottom of chin, and eye height is between 1 1/8’ to 1 3/8” from bottom of photo. Your head must be bare unless you are wearing headwear as required by a religious order of which you are a member. Using pencil or felt pen, lightly print your name and Alien Receipt Number on the back of the photo.”

What is the Form I-765 filing address?

If you're filing the form directly, the address depends on the eligibility category you entered in Question 16 of Form I-765. If you are filing I-765 with another form, file both documents at the location required by the other form. Use the addresses found on the USCIS website only when you are not submitting I-765 with another form.

How much is the Form I-765 filing fee?

There are multiple different fee categories for Form I-765 depending on the circumstances of the filing. In general, the filing fee of Form I-765 ranges from $0-$520.

If an applicant submits the Form I-765 with a family-based green card application (Form I-485), then typically it would cost $520 for paper filing and $470 for online filing. Subsequent Form I-765 renewals associated with the pending Form i-485 have a fee of $260, whether filed by paper or online method.

Can I get the fee waived?

You may qualify for a fee waiver if you provide documentation for any of the following eligibility criteria:

• You, your spouse, or the head of household living with you, are currently receiving a means-tested benefit.
• Your household income is at or below 150 percent of the Federal Poverty Guidelines. Check the current Federal Poverty Guidelines for this year to see if your household income qualifies.
• You are currently experiencing financial hardship that hinders you from paying the filing fee, such as unexpected medical bills, emergencies, and other unforeseen circumstances.

You may file for a fee waiver by filling out Form 912 (Request for a Fee Waiver).

• There is no filing fee for this form.
• You cannot file online if you are requesting a fee waiver. You will need to file paper versions of the fee waiver request and the form for which you are requesting a fee waiver, together. Do not file the two forms separately.
• Each person applying for a fee waiver must sign and date the Form I-912.

Instead of filing Form-912, you may also file for a fee waiver by writing a letter with all the necessary information that states your request for a fee waiver, is signed by everyone requesting the fee waiver, and includes all the necessary supporting evidence.

For further information on proof of documentation and eligibility, check the USCIS Fee Waiver information sheet.

How do I renew my I-765?

If your EAD has expired or will be expiring soon, you can submit a new Form I-765 and filing fee (unless a fee waiver has been requested and granted) to file for a renewal EAD. Do not file for a renewal EAD more than 180 days before your initial EAD expires.

How do I request a replacement EAD?

You may follow the renewal process listed above to request a replacement EAD for lost, stolen, or destroyed documents. If your EAD contains incorrect information that is not due to a USCIS error, you must submit a new I-765 form, a filing fee, the required documentation, and the card containing the error.

If your EAD contains incorrect information that is due to a USCIS error, you do NOT need to submit a new I-765 form or a filing fee. USCIS will process your replacement request at no cost. In this case, you must send the original card containing the error, a detailed written explanation of the card error, and supporting documentation on the correct information. Submit this information to the service center or National Benefit Center that approved your latest Form I-765.

What if my documentation is in a language other than English?

Any document containing foreign language must be accompanied by a full English language translation which the translator has certified as complete and accurate. You must also include the translator’s certification that he or she is adequately able to translate from the foreign language into English.

Do I receive updates when USCIS has accepted my Form I-765?

Yes. To do so, fill out Form G-1145 (E-Notification of Application/Petition Acceptance) and attach it to the first page of your I-765 application.

Don't Forget:

1. You must complete all sections of the form. The form will be rejected if any of these fields are missing:
   • Number 1 – Full Name
   • Number 3 – U.S. Mailing Address
   • Number 6 – Date of Birth
   • Number 20 – Eligibility Category
2. Remember to sign your form! USCIS will reject and return any unsigned form.
3. Biometrics Services Appointment: After receiving your application and ensuring completeness, USCIS will inform you in writing when to go to your local USCIS Application Support Center (ASC) for your biometrics services appointment. This appointment is to gather physical data by which a person can be uniquely identified. At your biometrics appointment, USCIS will collect your fingerprints, take your photo, and have you sign your name for electronic capture. If you do not attend the appointment, your application may be denied.

Last Updated: May 13, 2022.

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

Getting your Travel Document

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

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

Traveling with a Travel Document

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

Returning to the United States

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

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

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

Ways to fill out the Form I-131

Fill Out On a Computer

Download and view in a PDF viewer.

Download PDF

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SimpleCitizen's Application Builder

Form I-131 is included with SimpleCitizen.

Get Started*Includes Attorney Review

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Print & Fill Out Paper Form

Print the PDF and fill by hand with black pen.

Print PDF

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Hire a Legal Professional

Find a legal professional to complete the form.

Visit AILA.com

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People ask us all the time how to fill out the I-864 as a joint sponsor. So we decided to help answer this question in this detailed guide. Most immigrants enter the country on a family-sponsored visa. In this case, a family member who is a lawful permanent or U.S. citizen will file a visa petition for the hopeful applicant. In order to enter the U.S., the applicant must not be inadmissible. One way an immigrant can be inadmissible is if she is a “public charge.” If an immigrant is a public charge then, generally speaking, she or he is viewed by the government as being at risk of becoming a burden on society. An applicant must prove that they will not be a public charge.This is done by acquiring financial sponsors, and in some cases joint sponsors, and having your sponsors file an I-864 verifying that you will not be a public burden. Joint sponsors are very similar to regular sponsors. First we'll discuss regular sponsors, and then we'll discuss  joint sponsors.

Form I-864, Affidavit of Support

Section 213(a) of the INA requires an affidavit of support. USCIS has created this affidavit in the form of the I-864. This is a form filled out by the sponsors of a hopeful immigrant and is submitted with most family-sponsored applications. Its purpose is to show that there is sufficient financial support for the immigrant and that there will not be a need for financial assistance from the U.S. Form I-864 is supported and included with SimpleCitizen.

Ways To Fill Out Form I-864

The I-864 comes with its own instructions, but those can be confusing. There are a few ways this form can be tackled:

Fill Out On a Computer

Download and view in a PDF viewer.Download PDF

SimpleCitizen's Application Builder

Form I-864 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

What is a Sponsor?

Obligations of an I-864 Sponsor

To become a sponsor is to accept a legal obligation with the U.S. government and with the intending immigrant. A sponsor agrees to financially support the intending immigrant. Essentially, the sponsor agrees to provide the difference between the wages earned by the immigrant and 125 percent of the federal poverty level (FPL).This has a couple legal implications. First, if the immigrant does not make 125% FPL on their own, they can request or even sue a sponsor for that amount. Second, if the immigrant receives financial public assistance from a government agency, the sponsor may be requested to provide or sued for the amount equal to that assistance. This assistance may take the form of welfare, public housing, non-emergency Medicaid but does not include emergency Medicaid and short-term, non-cash emergency relief.Additionally, a sponsor must inform USCIS within 30 of any changes of address after the application until the obligation ends.

Qualifying as a Sponsor

To qualify as a sponsor, there are four basic requirements. A sponsor must:

• Be a US citizen
• Be at least 18 years old
• Be living in the US
• Have an annual income of at least 125% of the federal poverty level

Oftentimes, the main discussion regarding sponsorship focuses on whether a sponsor’s income is sufficient, specifically, whether it’s 125 percent of the FPL. As shown, This is dependent on two factors:

• Household size,
• Location, and
• Income.

These income requirements vary based on the size of one’s household and other factors like location. The exact income levels for 2025 for the contiguous US can be found in the following table:

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Please note that active duty military need only meet 100 percent of the federal poverty level, and the levels are different for Alaska and Hawaii.(These numbers come from the Form I-864P, HHS Poverty Guidelines for Affidavit of Support. Take a look if your household is larger than 8 people.)

Determining household size

The basic idea of household size is determining the number of people in your home. It seems simple, but it can become technical. To determine household size count:

• You
• Your spouse
• Any children you have under the age of 21
• Any other dependents you claimed on your most recent Federal income tax return
• All lawful permanent residents you are currently sponsoring
• All lawful permanent residents you are applying to sponsoring
• (Optional) Other relatives living in your residence. Only include other relatives if you need to include their income.

Calculating Income

Again, the basic idea behind income is simple: it’s how much money a sponsor makes in a year. But it can become technical quick. To calculate a sponsor’s income add:

• Annual income earned by the sponsor
• Annual income earned by spouse
• Annual Income earned by other dependents in the household
• (Optional) Annual income earned by other relatives living in the sponsor’s residence
• (Under limited circumstances)  Annual income earned in the U.S. by the intending immigrant and joined by a "Contract with Household Member."

Income can include:

• Wages
• Salaries
• Tips
• Taxable interest
• Ordinary dividends
• Alimony or child support
• Business income
• Capital gains
• Taxable IRA distributions
• Taxable pensions and annuities
• Rental income
• Unemployment compensation
• Workers compensation and disability
• Taxable Social Security benefits

Means-tested public benefits like food stamps, SSI, Medicaid, TANF and CHIP can not be included.In order to include the other relatives living at the sponsor’s residence, those members must complete a Form I-864A, Contract Between Sponsor and Household Member.  Each one of these individuals must be over 18 years of age.

Last resort: Assets

If, after adding together all the incomes of all the household members of the sponsor, the income is still insufficient, then assets can be considered.To qualify, an asset must be convertible into cash within one year without being too difficult for the owner. Substantial evidence is required for assets to qualify. The net value of a house can be considered an asset; this equal to the appraised value of the home, minus all loans. The net value of a car may also be included, but the sponsor must show they own another car that is not included as an asset.For assets to work, they must equal at least five times the difference between a sponsor’s total household income and the 125 percent mark.Note: if your sponsor who filed the visa petition died, then you need to get a substitute sponsor to fill out I-864.If your sponsor does not have sufficient funds to sponsor you financially, you need to find a joint sponsor.

Adding a Joint Sponsor with Form I-864

So, once financial sponsors have counted the people in their household, added up their annual income, and made the calculation to determine whether their income is at least 125 percent of the federal poverty level, they might find that their income just isn’t over 125 percent, no matter how it’s calculated.If that’s the case, it is time to find a joint financial sponsor.A joint sponsor is very similar to a regular financial sponsor. A joint sponsor must:

• Be a US citizen
• Be at least 18 years old
• Be living in the US
• Have annual income of at least 125% of the federal poverty level (FPL)

A joint sponsor does not need to be a relative of the primary sponsor or of the intending immigrant. The joint sponsor must fill out an additional I-864.A joint sponsor’s income must independently be equal to 125 percent of the federal poverty level. The sum of the primary sponsor’s income and the joint sponsor’s income is unimportant. However, there can be up to two joint sponsors if more than one immigrant is coming; in that case, the incoming immigrants can be divided between the household sizes of the sponsors.In most ways, a joint sponsor is treated very similarly to a sponsor. Joint Sponsor forms are supported by SimpleCitizen.Applying for a Green Card? Read this.

The end of the obligation

Financial sponsors aren’t obligated to care for the immigrant for the rest of existence. The obligation ends when the sponsored immigrant:

• has worked ten full years
• becomes a U.S. citizen
• leaves the U.S. and no longer has permanent residence
• dies
• is deported and returns under a different sponsor.
• Or, the sponsor dies.

What happens if my sponsor becomes unemployed after submitting the I-864?

If your sponsor or joint sponsor becomes unemployed after submitting the I-864 and before the intending immigrant's approval, that is unfortunate. Technically, if after unemployment, the sponsored income is no longer above 125 percent, then USCIS will deny the application because the intending immigrant would become a public charge.But don’t despair yet; if income is no longer sufficient because of a change, the intending immigrant can ask for additional time to find additional income or for the sponsor to find a new job. The Consulate or USCIS will generally give an additional six months to a year before an application is declared dead.So, if possible, keep your job as a sponsor. Ideally, a sponsor will be able to show a stable work history, one suggests a sufficient income for the next 3-5 years. Switching jobs frequently or losing a job will place the intending immigrant in a “high risk” category, which may lead to a request for evidence or simply a denied visa.