Last Updated: December 2022.

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

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

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

How to Read an I-797 Form? 

This is what an I-797 Form looks like: 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Updated: Feb. 10, 2020.

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So you've mailed your green card application and are anxiously waiting for whatever comes next. What happens now?

After you submit the Form I-485, along with all the other required forms, there are still a few more steps to take before you become a permanent resident in the United States. This guide will help you understand each one of those steps.

Have not submitted your application yet? Here's a guide on how to prepare your application.

1. Receipt of Application

Approximately 30 days after filing

Once USCIS has received your application, they should send you a receipt within approximately 30 days.

If you attached a Form G-1145, E-Notification of Application/Petition Acceptance along with your Form I-485, you will also receive a confirmation email or text message within 24 hours of your application being accepted.

Both the physical receipt and the e-receipt will have a receipt number on them. You can use this number to check your case status and see how far along your case is in the application process.

Note: If you submit the Form I-485 without a signature or without the correct filing fee, USCIS will send you a notice that your form is incomplete. You may then fix the problem and re-submit it. If they need more evidence, USCIS may request (RFE) originals of the copies you provided them. These original documents will be returned to you when they are no longer needed.

2. Biometrics Services Appointment Notice

Approximately 3-5 weeks after filing

After your I-485 is filed, you will receive a notice in the mail about your biometrics services appointment, which will be held at a local Application Support Center (ASC). The notice will tell you the date, time, and location of your appointment. At this appointment, you will provide your fingerprints, photograph, and/or signature, which will be used to verify your identity and run background checks. Sometimes this can happen within 3-5 weeks, but the timeline varies considerably.

You should review your Form I-485 information before the biometrics appointment. Your signature at the biometrics appointment will indicate that your application was complete, true, and correct. When you go to your appointment, take with you:

• Your ASC appointment notice.
• Valid photo ID (such as a passport, driver's license, or state-issued photo ID card).
• A translator if you cannot understand spoken English.

3. Interview Notice

Approximately 4-10 months after filing

You will probably be requested to appear at a USCIS office to answer questions about your Form I-485. You will receive a notice that will tell you when and where the interview will take place. Bring with you original:

• Passports
• Official Travel Documents
• Form I-94
• Copy of your Form I-485
• All other originals of the documents that you submitted with your Form I-485, even if the documents are now expired.

It is best to appear at all USCIS appointments (including interviews and biometrics appointments) on the scheduled date. However, if you are sick, you can follow the instructions on your appointment notice to reschedule.

4. Receive Permanent Residence

Approximately 8-14 months after filing

After your interview, the USCIS will send you a written notice of their decision. If you are approved, you will receive your green card in the mail soon after. If your application is denied, the decision notice will explain why. It will also state whether you can appeal the decision or not. Even if it says that you cannot appeal the decision, you may still be able to file a motion to reconsider. To file an appeal or a motion you will use Form I-290B, Notice of Appeal or Motion.

Other Tips

Avoid leaving the United States while your application is pending.

If you plan to leave the US while your application is pending, even if it a short trip to Mexico or Canada, make sure that you have the right documentation to leave and re-enter the US. You will probably have to file Form-131 to obtain either an Advanced Parole Document or a refugee travel document. You will not need to file Form-131 if you are an H, L, V, or K3/K4 nonimmigrant who is maintaining lawful nonimmigrant status, and you return with a valid H, L, V, or K3/K4 nonimmigrant visa. If you leave the country without proper documentation, your Form I-485 may be denied, or you may not be able to lawfully re-enter the US.

Moving & changing your address.

If you move, it is important to promptly inform the USCIS so that you do not miss any mailed notifications about your application. Update your address with the USCIS within 10 days of moving. In most cases, you can do this online at the USCIS website.

Ask for help.

If you have questions or need help with any part of your application, please feel free to reach out to our support team. We're here to help!

Last Updated: March 11, 2021

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Human resources professionals must understand the hiring needs of their organization and how to recruit and retain qualified workers. For many companies, this means hiring foreign nationals. Recent headlines have focused on one of the most common types of work visas: H-1B. More than 460,000 H-1B visas — nonimmigrant visas for specialty occupations — were granted in 2013, the Economic Policy Institute reports. According to the 2017 Forbes survey, there was a 21% year-over-year increase of companies that said they would sponsor workers from overseas. This increasing work visa demand juxtaposed with tightening regulations on immigration has created a more intense environment for attracting and keeping foreign talent. It is more important than ever for companies to understand how to navigate the current immigration landscape in order to hire the best resources and help their companies maintain a competitive advantage.

This guide walks human resources professionals through how to successfully hire foreign nationals.

Step 1: Petition USCIS for a Nonimmigrant Visa

There are many different types of nonimmigrant visas. Some of the most common work visas are H-1B, TN, L-1A, L-1B, E-3, and O-1. This article will focus on H-1B.

What is the H-1B Visa?

The H-1B visa is a nonimmigrant, employment-based visa that U.S. companies can use to hire employees in specialty fields that require theoretical or technical expertise, such as computer science, finance, math, engineering, health care and architecture. U.S. immigration law requires that the visa holder have a bachelor’s-level education or higher. If the applicant doesn't have at least bachelor’s degree, in some cases they may be able to show degree equivalence through work experience or other qualifications.

What is H-1B season?

Every year, the deadline for filing an H-1B is April 1, and the earliest possible date a foreign worker could start employment is October 1. H-1B "season" is the time of year leading up to the April 1 deadline when employers are preparing their H-1B visa petitions. Most companies start this process in January or early February.

What is the H-1B cap?

USCIS limits the number of H-1B visas that are granted each year. Current limits are as follows:

• Regular H-1B visas: 65,000.
• H-1B visas for people with a U.S. master's degree or higher: 20,000

If USCIS receives more than 65,000 regular petitions and 20,000 advanced degree petitions during the first five business days after April 1, they use a lottery system to randomly select petitions to be granted. If an employee’s petition is not selected, USCIS will notify you and return the filing fees.

Are there exemptions to the H-1B cap?

Yes, there are. The following types of employers are not subject to the annual H-1B visa petition limits:

• Colleges and Universities.
• Nonprofits that are part of or associated with a college or university (such as a hospital associated with a university).
• Nonprofit research organizations and governmental research organizations; and
• Employees whose H-1Bs have already been counted against the annual H-1B cap (includes employees transferring their H-1B from one employer to another, as well as those filing for an H-1B extension).

It should also be noted that 6,800 of the 65,000 H-1B visas are reserved for Chilean and Singaporean nationals (known as H-1B1 visas).

H-1B Visa Eligibility Requirements

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The position being offered must meet one of the following criteria:

• Bachelor's or higher degree or its equivalent is normally the minimum entry requirement for the position;
• The degree requirement for the job is common to the industry or the job is so complex.
• The employer normally requires a degree or its equivalent for the position; or
• The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s or higher degree.

The person you wish to hire must also meet one of the following criteria:

• Completion of a U.S. bachelor's degree or higher required for the specific occupation from an accredited college or university.
• Completion of a foreign degree that is the equivalent to a U.S. bachelor's degree in the specialty occupation (requires academic equivalency evaluation).
• Have an unrestricted state license, registration, or certification which authorizes the employee to fully practice the specialty occupation and be engaged in that specialty in the state of intended employment; or
• Completed education, training, or progressively responsible experience in the specialty that is equivalent to the completion of such a degree, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty occupation.

Are there filing fees associated with the H-1B?

There are a number of filing fees that you, as the petitioning employer, are required to pay:

• Base filing fee: $460 (no exemptions)
• Fraud prevention and detection fee: $500 (no exemptions)
• Employer sponsorship fee: $1,500 for employers with more than 25 full-time employees; $750 for employers with fewer than 25 full-time employees. This fee may be waived under certain circumstances.
• Public Law 114-113 fee: $4,000. This fee is required if the employer has more than 50 employees AND more than 50 percent of employees are on H-1B or L-1 status. This fee may also be waived under certain circumstances.

How long is the H-1B Visa good for?

An H-1B visa is granted for three years and may be renewed for another three years, for a maximum of six years — minus any documented time spent outside of the U.S. This time may be “recaptured" and added to the end of the 6-year period.

The H-1B visa cannot be renewed at the end of the six-year period unless certain steps have been taken toward the filing of a permanent resident (green card) application.

Human Resources Checklist

1. Review the background of the potential hire to ensure they meet the specialty/degree requirements.
2. Review the recruitment and selection process to ensure the sponsorship criteria are met.
3. Review the rate of pay for the position, ensuring it is the prevailing wage for the position and geographical area.
4. Collect and submit the following (in duplicate):
   • The certified labor application from the Department of Labor (form ETA 9035)
   • Letter on company letterhead and signed by the company representative describing the nature of the U.S. job opportunity, including the job description.
   • Support letter confirming the job offer to the foreign worker and explaining the terms and conditions of the offered employment.
   • Form G-28, if an attorney or accredited representative is being used.
   • Form I-129, two copies with original signatures on both.
   • H-1B Supplement to Form I-129.
   • H-1B Data Collection pages.
   • Visa history (two originals)
   • Resume
   • Clear copy of unexpired passport
   • Clear copy of Form I-94
   • Clear copy of transcripts, diplomas, and degrees; if necessary, include a U.S. academic equivalency evaluation.
   • Required government filing fees.

Prepare to maintain a public access file

Finally, it is the employer's responsibility to maintain a public access file on each H-1B employee, and this file must be made available to the public upon request. Each file must contain:

• A signed copy of the certified labor condition application (LCA) from the Department of Labor.
• A statement of explanation outlining how the employer set the employee's salary.
• Documentation of the appropriate prevailing wage for the position and geographical area.
• Notice that the certified LCA has been posted at the company.

Note: Do not included the employee's personnel file in the public access file. The personnel file should be kept separately.

Step 2: Start Permanent Residency for Your Employee

Most companies start the permanent residency (green card) process for their employees after 6 – 12 months of employment. The permanent residency process is expensive, often costing between $10,000 and $20,000. However, because most nonimmigrant visas have strict time limits, companies that hire foreign talent can only keep those employees long term if they sponsor them for a green card.

For most professional employees, the first step in the permanent residency process is PERM Labor Certification. This step is very complex in terms of timing and requirements. The Department of Labor is very strict with PERM cases, and there are seemingly innumerable missteps that can result in a denial. Denials are very frustrating to employees who want their green cards as soon as possible and look very disapprovingly on any delay. Because PERM Labor Certification is so expensive, denials are also very costly to the company.

What does the PERM Labor Certification process look like?

The DOL is primarily looking for two things:

• Evidence that there are not enough qualified U.S. workers to fill the position being offered; and
• Hiring a foreign worker will not hurt the wages and working conditions of similarly employed U.S. workers.

As the employer, you'll be asked to prove:

• That you've performed an extensive and unsuccessful hiring search among U.S. workers. This includes notifying the U.S. workforce at your company; and
• That the salary you're offering either equals or exceeds the "prevailing wage" for the position in that geographical area.

How is "prevailing wage" determined?

The Department of Labor provides for the prevailing wage for each position sponsored under PERM Labor Certification. Most prevailing wages are determined through a request to the Office of Foreign Labor Certification. In some instances, employers may use a relevant salary survey to “challenge” the Department of Labor’s prevailing wage assessment and thereby secure a lower prevailing wage.

Is there a filing fee to apply for PERM Labor Certification?

There is no government filing fee for PERM Labor Certification, however, the mandatory recruitment includes two Sunday newspaper ads. These ads must be placed in a newspaper of general circulation in the geographic area where the position is located, and these ads can be very expensive – sometimes costing $2,000 - $3,000. Most companies also hire an attorney to complete this process, and the legal fees typically cost several thousand dollars.

What Comes Next?

PERM Labor Certification typically takes about 9 – 12 months from start to finish. The company must then file the Form I-140 and Form I-485 for the employee. Depending on several factors, including the employee’s country of origin, the rest of the permanent residency process can take anywhere from 1 – 12 years – sometimes longer. During that time, visa employees should maintain a nonimmigrant visa status until they are able to get an EAD work card as part of their I-485 process.

The purpose of the J-1 visa, also known as an Exchange Visitor visa, is to develop a global understanding through educational and cultural exchanges, especially in the arts, sciences, and education. All J-1 visa holders are expected to return to their home country to share their new experiences and knowledge. This program is not intended as a path for immigration, but it is a great path for foreigners who would like to have a long-term experience in the United States.

What is a J-1 Exchange Visitor Visa?

A J-1 visa is a non-immigrant visa issued by the United States to research scholars, professors and exchange visitors participating in programs that promote cultural exchange, especially to obtain medical or business training within the U.S. All applicants must meet eligibility criteria, English language requirements, and be sponsored either by a university, private sector or government program.

- Wikipedia

The J-1 classification is assigned to foreigners participating in an approved program for teaching, instructing or lecturing, studying, observing, conducting research, consulting, demonstrating special skills, receiving training, or receiving a graduate medical education or similar training.

Common examples of exchange visitors include, but are not limited to:

• Teachers
• Students
• Research assistants
• Government visitor
• Trainees
• Professors or scholars
• Specialists
• Nannies/Au pairs
• Camp counselors

Am I eligible for a J-1 visa?

Before you decide to apply for a J-1 visa, you should make sure that you are eligible. Sponsors will have specific eligibility criteria for their program. In addition to this, all exchange visitors must meet the language and insurance requirements, meaning that participants must be proficient in the English language and that participants and their accompanying family members must have medical insurance with a minimum benefit requirement. Your sponsor will provide you with pre-arrival information and a post-arrival orientation with program-specific information and any contractual obligations, in addition to monitoring your progress and well-being during your stay. You should contact them with questions about the English proficiency and insurance benefit levels required for your program.

Who Qualifies for the J1 Visa?

How much does it cost to apply for a J-1 visa?

In addition to meeting eligibility criteria, you are required to pay certain fees. You will need to pay the $160 nonimmigrant visa application processing fee, unless you are sponsored by the U.S. government in which case the fee is exempt. This fee needs to be paid before your interview, and you will need to provide a receipt showing the fee has been paid. The program sponsor should also tell you if you must pay a SEVIS I-901 fee to the Department of Homeland Security (DHS), but often the sponsor will pay the fee for you. If your sponsor pays the SEVIS, they will provide you with a receipt confirming payment. Be aware that there may be other fees for your program, such as an application processing fee.

How do I apply for an exchange visitor program?

Applying for any visa is a complicated task, but the process for a J-1 visa can be broken down into 3 basic steps.

1. Find a Sponsor

You first need to find a program and a sponsor. The U.S. Department of State (DOS) is responsible for the Exchange Visitor Program, and they approve public and private organizations to act as sponsors for exchange visitors. All approved options are on the designated sponsor list. First, decide on a program, and then research the listed sponsoring organization. Each sponsor will have a different application process so call their office or search their website for more information.

Remember that your sponsor is vital to your experience as an exchange visitor. They should provide you with the information necessary to successful complete your program and to smoothly transition to living in the U.S. Additionally, your sponsor also has the ability to terminate your participation with the approval of the DOS. Be smart when selecting a program and a sponsor to ensure your needs and goals align with their services.

2. Receive a DS-2019 Form

Once a sponsoring organization accepts your application, they will send you a Form DS-2019, also known as a Certificate of Eligibility for Exchange Visitor Status. This form permits a prospective exchange visitor to schedule an interview at a U.S. embassy or consulate to obtain a J-1 visa to enter the United States. The Form DS-2019 also provides a brief description of the exchange visitor’s program, including the start and end date, category of exchange, and an estimate of the cost of the exchange program.

You should work closely with your sponsoring organization who will help you through the application process. An official who is authorized to issue Form DS-2019 is known as a Responsible Officer (RO) or Alternate Responsible Officer (ARO). The RO or ARO in your sponsoring organization will explain what documents are needed from you in order for them to issue you a Form DS-2019.

3. U.S. Embassy or Consulate Application

After you have obtained a Form DS-2019, you may then apply for a J-1 visa through the U.S. Department of State at a U.S. embassy or consulate.

You will need to do 3 things to apply:

1. Complete the online J-1 Visa application (DS-160).
2. Print the application form confirmation page to bring to your interview.
3. Pay the nonimmigrant visa application processing fee.
4. Gather required documents (list below).
5. Attend an interview at a U.S. embassy or consulate (if you are age 14 through 79, with exceptions).

The waiting time for an interview appointment for applicants can vary, so submit your visa application as early as possible. Remember, though, that you may not enter the United States in J-1 status more than 30 days before your program begins.

During your visa interview, the officer will determine whether you qualify for the visa. You should also expect your fingerprints to be taken (ink-free). You will need to establish that you meet the requirements under U.S. law to receive the category of visa for which you are applying by showing the required documentation. After your interview, your application may need further processing, and you will be informed by the officer if this is the case. When the visa is eventually approved, you will be informed how your passport with your visa will be returned to you. Be sure to plan ahead because you may not receive your visa right away.

Here is a list of required documents you need to bring to the interview:

• Your Form DS-2019 (Certificate of Eligibility) issued by your program sponsor.
• A valid passport (note: must be valid for at least six months beyond your program end date).
• A printed out Form DS-160 confirmation page.
• A receipt showing payment of the visa application fee (note: this fee in non-refundable)
• A 2×2 photograph that meets format requirements.
• Other supporting documents – check the specific embassy or consulate website

Note that all trainee or intern applicants also submit a Training/Internship Placement Plan, Form DS-7002.

For most detailed information on the application process, visit the Bureau of Consular Affairs’ exchange visitor visa website or the Department of State’s exchange visitor program website. For information on making a visa interview appointment, paying the application processing fee, and more, visit the U.S. embassy or consulate website where you will apply for your visa.

How long can I stay in the United States with a J-1 visa?

You are allowed to stay in the United States up to 30 days after your program end date. If you do not leave on time, you may be ineligible for visas in the future. Additionally, if your sponsor terminates your participation for just cause, you will be expected to depart the United States immediately. You will not be entitled to the post-completion 30-day period because you did not successfully complete your program.

If your visa expires during your program period and you do not plan to travel outside of the U.S., you do not need to renew the visa. If you travel outside of the United States when your visa is expired, you will have to apply for a new J-1 visa in your home country. Note that your sponsor is responsible for helping you with everything related to your J-1 program, including authorizing travel outside of the U.S. and ensuring that your J-1 non-immigrant documents are valid. Contact your sponsor if you are concerned about your visa.

Remember, your current J-1 visa is only applicable for your current program and sponsor. When you complete your program, you are expected to leave the United States. If you intend to pursue a 2nd J-1 exchange program (in a different category and with a different J-1 sponsor), you will need to apply for a new J-1 visa for the new program to re-enter the U.S. for the 2nd program.

Additionally, if any of the following describe your program, you are subject to a two-year home-country physical presence requirement, meaning you will be required to return to your home country for two years at the end of your exchange visitor program.

Two-year Home-country Physical Presence Requirement Conditions:

• Government-Funded Exchange Program.
• Graduate Medical Education or Training.
• Another Program of Specialized Knowledge or Skill

Note: There is a possibility of waiving this last requirement.

What is the duration and extension period for a J1 visa?

How do I extend or adjust my exchange visa program?

To extend your program, you must discuss it with your sponsoring organization. If your sponsor agrees to extend your program, they will send a new Form DS-2019 with the new end date and any other necessary information. The sponsoring organization will apply for your extension through the Department of State. Note that there is a nonrefundable fee of $367 which your sponsor may have you pay. Contact your sponsor if you would like to extend your program.

Can I change my status while on a J-1 visa?

While in the United States, you may decide that you would like to switch to a different visa status, such as a change from a J-1 visa to an F-1 visa. If you would like to change your J-1 nonimmigrant status to a different one, you will first need to work with your sponsoring organization and receive a new Form DS-2019 and submit that form with your Form I-539, Application To Extend/Change Nonimmigrant Status to the USCIS. There is a $370 filing fee with this application.

Is a J-1 Visa Holder Eligible to apply for a Green Card?

Can I work on a J-1 Visa?

Follow the guidelines in your program description. If your exchange visitor program is a work-program (research, teaching, etc.), work only under the terms of the specific program. In some situations, J-1 holders may work for non-sponsor employers if they meet eligibility requirements. Contact your sponsor with any work-related questions.

Can my family come with me?

Your spouse and any unmarried children under 21 years of age, regardless of nationality, are entitled to J-2 classification. Your family will apply for their J-2 visas while you are applying for your J-1 visa, and the process is very similar. Contact your sponsoring organization or the U.S. embassy or consulate at which you will apply for more information.

Sometimes, exchange programs will not allow family to accompany J-1 participants. If this is a concern for you, ask potential sponsors about this before you apply.

With regards to work, your spouse and children can be authorized to work in the United States. However, their income may not be used to support you. To apply for work authorization as a J-2 nonimmigrant, your spouse or child should file Form I-765, Application for Employment Authorization. Form I-765 will ask for your eligibility category; for J-2 participants it’s (c)(5).

Have any questions?

Post your questions to the J Visa section of the discussion board.

Or you can schedule a free consultation with an immigration attorney here.

As a foreigner, upon entering the United States you will receive the Form I-94, Arrival/Departure Record. This document, issued by a Customs and Border Protection (CBP) Officer, provides you basic information about your stay such as your arrival date, visa status, and the date you are required to leave the U.S.

There are now two formats in which you may receive your Form I-94 - paper and electronic - but as of April 30, 2013, most Arrival/Departure Records are created electronically. In this case, you will be given an annotated stamp in your passport instead of a paper form. If you are provided a paper Form I-94, a CBP officer attaches it to your passport and stamps your departure date on the form.

Although an electronic version cuts down on paper and drastically decreases the possibility of losing your document, it can be slightly more complicated to access, especially if it's your first time locating your record. Don't worry though - here's a guide on how to access your electronic Form I-94, along with a few useful tips and tricks.

How to Access Your Form I-94

To access your I-94 record, go to CBP's website. Once there, click on the Get Most Recent I-94 button. A page will then pop up requiring you to agree to the following terms before continuing: "By accessing this website, you understand and acknowledge that: You are declaring under penalty of perjury pursuant to 28 U.S. Code § 1746 that you: (1) are only seeking records about yourself, (2) are seeking records about someone for whom you are the legal guardian, or (3) you have the consent of the person whose records you are seeking. You are not authorized to access this website to retrieve records of another person unless you are the person's legal guardian or you have the person's consent." After consenting, you will see a page similar to the screen shot below. Enter the required information.

I-94 Website Travel Records for U.S. Visitors - U.S. Customs and Border Protection

[caption id="attachment_2080" align="aligncenter" width="800"]

I-94 Website Travel Records for U.S. Visitors - U.S. Customs and Border Protection[/caption]

Entering the data in the required fields, if done correctly, will allow you to access your electronic Form I-94. However, all information must be entered accurately; even one simple misspelling or formatting error will prevent you from accessing your record. If you're having trouble accessing your record, try the following troubleshooting tips.

Enter your name exactly as it is written on your passport. If this does not work, attempt to enter your name in a different format.

• Check your visa, airline ticket, boarding pass, or your submitted Form DS-160, Online Nonimmigrant Visa Application (if available) for any variations in the spelling of your name. If there are differences, try entering each one as they appear on these documents.
• In some countries, the first name may be written as the last name on the passport. If this is the case, try switching the order of your names.
• Your passport may include both your first and middle name, but your electronic Form I-94 may list these both as your first name. It's also possible that your middle name is not included in the electronic record. Pay attention to these details.
• If your name is hyphenated, and you cannot gain access to your electronic I-94 by entering your name as it appears, remove the hyphen and try again. Likewise, if you have two first or last names with a space between them, such as "Mary Anne," try entering them without a space as "Maryanne."
• Each name field has a 25-character limit. If your name exceeds 25 characters, try entering it without any spaces as far as it will allow you.

Check Your Passport

Consider multiple entry options for your passport number.

• If both letters and numbers appear in your passport number, try entering a space after the letter(s). For example, if your passport number appears as LR573892 on your passport, try entering it as LR 573892.
• If the date your passport was issued is part of the passport number, try removing these digits when you enter it in.
• If you have a Mexican passport, try entering your passport number without the first two digits. You can also try removing the last two digits.
• If the valid visa is in an expired passport, try entering the old passport number instead of the new one used for entry.
• Sometimes the passport booklet number differs from the number listed on your bio page. Try both.

If You Still Can't Access Your Form I-94

If you still cannot access your electronic Form I-94 after trying the above tips, the next step is to call or visit your local CBP deferred inspection office. Some offices can solve most problems over the phone, but others may require an in-person visit.

First of all, don’t panic. You can notify the police department in the jurisdiction where you lost your card to obtain a police report. If that doesn’t turn up anything, you simply have to renew your green card to get a new one. On the bright side, if you’re a permanent resident, your new green card will last for another 10 years, so you won’t have to renew it again for a long time. (If you have conditional permanent resident status, your green card is only valid for 2 years.) However, the process will take approximately 5 months, so there will be a period where you do not have a green card. Be aware that 5 months is an approximation, some cases will take more time to be resolve and some will take less.

How to Replace a Missing Green Card

Follow the steps below to apply for your replacement green card:

1. Fill out Form I-90, Application to Replace Permanent Resident Card

You may file Form I-90 online or by mail. Carefully fill out the form with all the appropriate information. If you are worried about filling out the form out correctly or want the help of an immigration attorney, you can use SimpleCitizen to prepare your renewal application here. Either way, watch out for these three common mistakes:

• Not submitting all required evidence (copies or uploads of official documents)
• Not paying the fees (Filing fee of $465 for paper filings and $415 for online filings, with some exceptions).
• Not signing your application (or not e-signing it if you file online)

If any of these steps are skipped when submitting your application, your case will likely be rejected or denied. If you are financially unable to pay the fees, you may be eligible for a waiver. You may request to waiver them by filing Form I-912. Once USCIS receives your application, they will send a receipt notice of your Form I-90 by mail at the address you provided on your application. It will also be posted to your USCIS Online Account. You should expect to receive the receipt approximately 2-3 weeks after filing. Once you've received the receipt, you can track the status of your application here.

2. Biometrics Appointment

About 3-5 weeks after filing Form I-90, you should receive a Form I-797C Notice with your biometrics appointment date and time. There will also be other instructions about the appointment. For example, you’ll be required to bring a photo ID, such as a passport or a driver’s license. Pay attention to the information, and do not miss your appointment if possible. You will not receive a green card without going to an appointment. At your biometric services appointment, which will be approximately 30 minutes long, the staff will take your fingerprints, photograph, and signature. For more about what happens at the biometrics appointment here.

3. Request for Additional Evidence (Only in Some Cases)

Sometimes USCIS will request additional information through a Form I-797E. If you receive this, simply mail the required evidence or upload it to your USCIS Online Account within the time period provided. In some cases, USCIS may request an interview with you as well.

4. Receive Your New Green Card

The USCIS will mail you another Form I-797 notifying you of their decision on your case. You’ll know whether you case was approved or denied. There will also be a copy of this notice in your USCIS Online Account. If your case was approved, you should receive your replacement green card soon after.

If You Need Proof of Residence Within the Next 5 Months

You may need proof of residence during the 5-month wait for your green card. If so, make an appointment with the local USCIS field office through InfoPass. At the appointment, request a “temporary proof of permanent resident” stamp or I-551 stamp in your passport. In general, the stamp will be valid for one year. If you don’t have a passport, you can try requesting one through the local consulate. (For example, if you are from Brazil, contact the Brazilian consulate in the U.S.) The I-551 stamp is valid proof of residence for traveling abroad. It is also an acceptable “List A” document for employment purposes. Most states also require proof of permanent residence to obtain or renew a driver’s license, and these states will usually accept the I-551 stamp as proof.It’s important to know that you will need file your green card renewal application before your InfoPass appointment. At the appointment, you’ll need to show your Form I-797, Notice of Action for your temporary stamp. This is the receipt USCIS sends once they receive your Form I-90. As noted in the section above, you’ll generally get this form 2-3 weeks after your file Form I-90 by mail and in your online USCIS account.

If You Lose Your Green Card Outside the United States

It’s nerve-racking to lose your green card in general, but it feels much worse when you lose it while traveling abroad. There is a relatively simple process for you to obtain proper documentation to board your plane, train, etc. back to the United States, so don’t worry too much. You just need to obtain a travel document (also known as carrier documentation.) To obtain the documentation, file Form I-131A, Application for Travel Document (Carrier Documentation) at the nearest U.S. Embassy or Consulate. Note that the filing fee for this form is $575. Also, if you’ve been abroad for over a year, there may be additional complications.Once you return to the United States, you will need to apply to replace your lost green card by filing Form I-90. Follow the steps in the “How to Renew a Green Card” section above.
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‍Helpful Links:
A Guide to Renewing Your Green Card
I lost my Green Card! How to Replace it

Last Updated January 15, 2020.

Every year, millions of people leave their home countries and move to a new one. They do so for numerous reasons; perhaps they're seeking adventure, economic opportunity or a better quality of life for themselves and their children. Others seek refuge from political turmoil in their homeland.

No matter the reason, we can examine their numbers to discern trends in global migration. What can be inferred about immigration to the U.S. and abroad — and what can be expected as we get move into the last part of 2017 and beyond? That's what this article aims to answer. Today we're looking at the current trends in global migration.

Relevant terms:

Before we look at the these trends, let's define some common terms

Migration: The process of moving across a border with the goal of taking up permanent or semi-permanent residence.

Migrant flow: The number of people migrating within a specific time frame.

Migrant stock: The total number of people residing in the country that is not the one in which they were born. This is also known as a country's "foreign-born population."

International migration: The act of moving from one country to another.

International migrant: Someone who has been living for a year or more in a country other than the one they were born in.

International Migrants by the Numbers

This chart from the United Nations Population Division breaks down the total number of people living in a country in 2015 other than the one in which they were born. The 25 countries that are home to the largest groups of migrant stock are:

1. United States
2. Germany
3. Russian Federation
4. Saudi Arabia
5. United Kingdom
6. United Arab Emirates
7. Canada
8. France
9. Australia
10. Spain
11. Italy
12. India
13. Ukraine
14. Thailand
15. Pakistan
16. Kazakhstan
17. South Africa
18. Jordan
19. Turkey
20. Kuwait
21. Hong Kong SAR, China
22. Iran, Islamic Rep
23. Singapore
24. Malaysia
25. Switzerland

U.S. - Global Leader in Immigration by Absolute Number

With approximately 46.6 million migrants, more people migrate to the United States than any other nation. However, that's just absolute numbers; while the U.S. has the most immigrants in the world, that makes up only 14 percent of its population. This "immigrant share" is much lower than the percentages seen in many Middle East countries including the United Arab Emirates, Qatar and Kuwait, where approximately three out of four people are international migrants.

In addition, 28 percent of Australia's population is foreign born and 22 percent of Canada's is foreign born. So while the U.S. tops the list in absolute numbers, these countries have a greater share of their population that was born in a different country.

Other Countries Leading Global Immigration

In absolute numbers, Germany was the second most popular destination country for international migrants, followed by the Russian Federation.

As a percentage of the country’s population, the numbers are highest in the following Middle East countries:

• International migrants make up a whopping 88.4 percent of the total population in the United Arab Emirates
• International migrants make up 75.7 percent of the total population in Qatar
• International migrants make up 73.6 percent of the total population in Kuwait

Is migrant flow increasing?

In terms of absolute numbers, yes — the numbers continue to climb. But as a share of the global population, the numbers budge only slightly. Let's take a look:

• The absolute numbers of international migrants has grown from approximately 79 million in 1960 to almost 250 million in 2015, a 200 percent increase. So by sheer numbers, there are far more international migrants today.
• But by percentage of the world’s population, international migrant numbers today are only slightly higher than 1960 numbers. The world population in 1960 was about 3 billion; in 2015, that number was 7.3 billion. When you calculate these ratios, you find that in 1960, 2.6 percent of the global population did not live in their birth countries; in 2015, that figure rose only slightly, to 3.3 percent.

Trends of note

1. The Mexico-U.S. migration path: Net flows are reversing

One of the world's biggest pathways for international migration has always been from Mexico to the United States. As of 2015, about 12 million Mexico-born people were living in the U.S. But as Pew Research notes, these numbers are reversing; more Mexican immigrants have returned to Mexico from the U.S. than have migrated here since 2009.

2. India to the Middle East becomes a major pathway

Another notable migration path is from India to the UAE. As of 2015, almost 3.5 million India-born people lived in the UAE. This number indicates a major trend still for years to come: The number of Indians living in the Middle East has grown from 2 million in 1990 to more than 8 million in 2015.

3. Nearly 1 in 5 migrants live in the world's top 20 largest cities

And the percentages of international migrants living in these cities is notably high. For example: 33 percent of the total population of Sydney, Auckland, Singapore and London is international migrants; and 25 percent of the total population of  Amsterdam, Frankfurt and Paris is international migrants.

Global Refugees & Asylum-Seekers

Trends to note here include:

• The number of people who were forcibly displaced in 2015 was the highest it's been since World War II. Worldwide, an astounding 15.1 million people were considered refugees. This  huge number is largely attributed to the conflict in Syria, where about 8.6 million people were displaced just in 2015.
• Germany was the single largest recipient of worldwide refugees in 2015 — nearly 442,000 asylum-seekers moved to that country that year. If you factor out this large inflow of refugees, Germany still overwhelmingly holds the number 2 spot for countries having a foreign-born population. More than 12 million people came to Germany in 2015.
• Worldwide, the number of people seeking asylum grew dramatically from 2014 to 2015, with 558,000 applications pending at the end of 2014 to 3.2 million pending asylum applications globally by the end of 2015.
• The European Union received 1.2 million asylum applications in 2015, more than double the asylum applications filed in 2014. This is attributed to record numbers of asylum seekers from Syria, Afghanistan and Iraq.
• A third of the people who filed for asylum in the EU were minors; tragically, one in 4 of this group was judged to be unaccompanied by an adult.
• The majority of asylum seekers look to neighboring countries to host them, however, even if that host country is a developing country itself. For example, most of the Syrian refugee population in 2015 lived in Turkey (2.2 million), Lebanon (1.2 million) and Jordan (almost 630,000).
• The world is facing a new global refugee crisis in Southeast Asia. As of October 2017, 800,000 forcibly displaced Rohingya people from Myanmar have poured into Bangladesh. They are escaping what UN human rights officials are calling "a textbook example of ethnic cleansing."

American & European views on their migrant populations

What do Americans think of immigrants?

According to a 2016 Pew study:

• 63 percent of U.S. adults felt that immigrants strengthen the country through their hard work and talents
• 27 percent feel immigrants are a burden on the country by taking jobs, housing and health care

This is a reversal of a similar study conducted in the 1990s, when 63 percent of respondents said immigrants were a burden on the U.S. and only 31 percent believed immigrants helped the country.

Perhaps unsurprisingly, certain groups were found to hold more favorable views of immigrants than others. For example, Democrats were more likely than Republicans to say immigrants benefit the U.S., and younger people held more positive views than older people.

What do Europeans think of immigrants?

The influx of refugees in Europe has deeply divided people in the region. In a 2016 study of 10 European countries, it was found that:

• Half or more of the adults in eight out of the 10 nations fear that refugees will boost the chances of terrorism in their countries
• Half or more of the adults in five of the 10 countries believe refugees will harm their economies by taking jobs and social benefits
• Perhaps most shockingly is this finding: In none of the 10 countries surveyed did a majority of the respondents say that increasing ethnic diversity would be a positive thing for their nation.

What do Australians think of immigrants?

Australia is another nation where emotions run deep on the matter of immigration. Earlier this year the prime minister announced vast immigration and naturalization reform, seemingly in response to a less welcoming attitude among his countrymen. Findings of a 2016 study from the Scanlon Foundation support this theory. Among its key takeaways:

• As many as six million Australians feel negatively about Muslims
• 20 percent of non-White Australians born abroad reported discrimination in 2016; more than a third of these felt they were being denied jobs or promotion because of their ethnicity
• The news isn't all bad: 66 percent of respondents said that receiving migrants from many nations makes Australia better

Will the United States continue to dominate global migration?

If one only looked at the historical data for an indication of this, the answer would be a resounding "yes." But immigration in a Trump-era America is uncertain at best. Members of Congress have put forth legislation that could change the categories of immigration and drastically reduce the number of visas granted across the board. Others are taking aim at certain family based categories. Confusion and uncertainty reign here; only time will tell.

Additional statistics and analysis provided by Pew Research Center and the Global Migration Data Analysis Centre, International Organization for Migration.

The Form I-765 is a request for an Employment Authorization Document or EAD, which is more commonly known as a work permit.

If you will be in the U.S. temporarily and will need a job, you will likely have to file an EAD. Your “work permit”, as you can see below, will be a standard wallet-sized card with some basic information including your picture, full name, alien registration number, terms and conditions of your permit, and the expiration date.

Be careful not to get this confused with a green card. A green card is evidence of your status as a Lawful Permanent Resident. An EAD may be obtained while your green card application is processing. This allows green card applicants to legally work before actually becoming a Lawful Permanent Resident. The EAD will also be used for temporary foreign workers who come for seasonal work or short term work assignments.

While the form is only 3 pages long, it comes with 25 pages of instructions. This form can be complicated. One of the most difficult parts of the I-765 is identifying which category of eligibility you are filing under. Consequently, the most common reason an I-765 is rejected is misidentifying eligibility. This article gives a brief outline of the I-765.

What is the purpose?

The EAD is proof of employment authorization. Immigrants who are eligible to work may file form I-765. Once approved for EAD, the applicant will obtain the identification card, which they can then use it to obtain employment. If you have previously filed this form but have lost your EAD or need to renew it, you should also file form I-765.

Who should (and shouldn’t) use this form?

The Eligibility Category section of the form will ask you to identify how you are eligible for work authorization. It asks you to select from one of the following 8 sections of eligibility:

1. Asylee/Refugee and their spouses and/or children
2. Nationality categories
3. Foreign students
4. Eligible dependents of diplomatic missions, international organizations, or NATO.
5. Employment-based nonimmigrant categories
6. Family-based nonimmigrants
7. Adjustment of status categories
8. Other categories

Within each section there are more specific sub-divisions. In order to accurately select your respective catagory, visit this USCIS page with I-765 instructions. These instructions will provide you with greater detail about each category.

If you fall into any of these three categories, you should NOT use this form:

1. Lawful permanent resident
2. Conditional resident
3. Nonimmigrant with specific employment authorization through form 8 CFR 274a.12(b).

What is the filing fee?

The standard filing fee is $520 for paper filings. However, the filing fee may vary depending on the filing method used and the personal circumstances of the applicant. See Form I-1055, Fee Schedule or USCIS Fee Calculator for more specific fee information.

Any I-765 renewal requests associated with the original I-485 application are subject to a $260 filing fee if filed on or after April 1, 2024.

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Will the fee be waived if I also file form I-485?

Previous to April 1, 2024, USCIS waived filing fees for Form I-765 applications filed concurrently with Form I-485 applications. However, a final fee rule that was implemented April 1, 2024 has since changed this. With this new rule, the fees for Form I-765 (and Form I-131) will no longer be waived when filing for adjustment (I-485). Rather, any I-765 filed concurrently with Form I-485 (on or after April 1, 2024) will be required to pay a Form I-765 filing fee of $520, unless eligible for a reduced fee.

Please note that in general, if you filed Form I-485 before April 1, 2024, and paid the required fee, you do not need to pay for Form I-765 or I-131 renewal filing fees while your Form I-485 is still pending.

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Important notes

1. You MUST use the approved edition date form or else it will not be accepted. Information about currently accepted edition dates, check here.
2. Make sure you select the correct eligibility category for your situation. If you have any questions, don’t hesitate to reach out to us at SimpleCitizen for more help!
3. Check to see if your catagory of eligiblity requires more documentation. Be sure to include it if it does!

Ways to fill out the Form I-765

Fill Out On a Computer

Download and view in a PDF viewer.

Download PDF

SimpleCitizen's Application Builder

Form I-765 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

Helpful Links

The Ultimate Guide on How to Get a Green Card
What is the Form I-765 filing fee?
Immigration Discussion Board

Updated: March 31, 2020.

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"Consular processing" is the term used when applying for an immigrant visa from outside the U.S. You will be working with both U.S. Department of State and U.S. Department of Homeland Security as you finish your green card application. If you live outside the U.S. at the time of filing, consular processing may be your only path for immigrating to the U.S.

We are happy to help you through any step of this process. Finishing the whole green card process can be stressful and overwhelming. Don't worry though, contact us and we will be with you every step of the way.

Step 1: Determine your eligibility to immigrate and submit a petition

To get started, you need to determine if you're eligible to apply for a green card. Use our Eligibility Quiz to find if you are eligible to become a permanent resident of the United States. The petition that you file will be determined by the type of eligibility -  most common petitions are the I-130, Petition for Alien Relative, and the I-140, Immigrant Petition for Alien Workers. The petition at this point in the process will be sent to U.S. Citizenship and Immigration Services.

Step 2: Await the decision on your immigrant petition

Once the appropriate person has filed the correct petition on your behalf, the next step is to wait for USCIS’s decision. If you are approved and you reside outside the United States: USCIS will send the approved petition to the Department of State’s National Visa Center. The petition will remain there until an immigrant visa number is available for you. For some cases, such as the spouse of a U.S. citizen, there are immigrant visa numbers immediately available.

Step 3: Submit with the National Visa Center

The National Visa Center (NVC) will notify you and your petitioner of three things:

• When they've received your visa petition
• When a visa is about to become available (if applicable)
• When and where to submit your immigrant visa processing fees and supporting documentation

The NVC will give you directions to set up an account where you can submit your fees and submit your application. This is also when you should file Form DS-260, Application for Immigrant Visa and Alien Registration. And in most cases, USCIS will also require the petitioner to file Form I-864, Affidavit of Support. The affidavit is the petitioner's promise to support you financially if you cannot support yourself.

The NVC is also collecting information on Public Charge. Certain applicants may be asked to present or complete a Form DS-5540 at the visa interview. Immigrant visa applicants are encouraged to complete the DS-5540 in advance. The USCIS will review all paperwork and request any additional evidence needed. If they request more evidence this can lengthen your processing time. In order to avoid this, it is important to be thorough in your initial submission.

Step 4: Go to your interview

Once those things happen, the consular office will schedule your interview.

When an appointment becomes available, the NVC will send an interview letter with information on the medical exam and a list of the required documents for the interview. During your interview a consular official will review your case and decide if you are eligible for an immigrant visa.

In some consular offices, you may get approved at the interview itself; in other cases, you will be asked to return to pick up your paperwork if you've been granted a green card. It depends on the policy of your local office.

Step 5: Once your visa is granted

Once you are notified that your visa has been granted, you will be given a packet of information known as a "visa packet". DO NOT OPEN THIS PACKET.

You will now need to pay the USCIS immigrant fee. Unless you are among the exemptions below, this fee must be paid; you will not be granted a green card without paying it.

Step 6: When you arrive in the U.S.

When you arrive in the United States, give your Visa Packet to the U.S. Customs and Border Protection officer at the port of entry. This officer will determine whether to admit you into the United States. If the officer admits you, you have been granted lawful permanent resident status and you may legally live and work in the United States. You should receive your green card within 45 days of your arrival.

Note: If the applicant does not enter within the six months allotted on the visa they may not be allowed into the country without further processing at the Consulate.

Welcome to America!

Last Updated: January 15, 2020

On August 3, 2017 Trump announced his support of S. 1720, a bill introduced by Senator Tom Cotton of Arkansas and co-sponsored by Senator David Perdue of Georgia, two Republicans. Trump said: “This legislation demonstrates our compassion for struggling American families who deserve an immigration system that puts their needs first and puts America first."He called it the “RAISE Act;” short for “Reforming American Immigration for a Strong Economy Act.”The RAISE Act was initially introduced to the Senate back in February and was referred to the Senate Judiciary Committee. It was then revised and reintroduced in August.Trump's adviser Stephen Miller and former adviser Steve Bannon promoted and helped shape the bill.

Many have dismissed this bill because it has not attracted any additional co-sponsors, and Republican leaders in Congress have no plans to vote on it in 2017. However, the bill remains relevant as it gives insight into the thoughts of the President and other leading figures on their ideal immigration system. Additionally, although this bill may not pass, it may influence another bill in the future.Section-by-section, the bill seeks to:

• Section 2: Eliminate the visa diversity lottery program
• Section 3: Enforce the 50,000 annual refugee cap. 84,995 refugees entered the US in 2016.
• Section 4: Narrow the meaning of “immediate relatives”.
• Section 5: Replace the employment-based immigration system with a points-based immigration system
• Section 6: Add one prerequisite for naturalization

These sections altogether would result in around a 30 percent reduction to green cards issued. Let’s take a look at each section in turn.(For more numbers on green cards, take a look at this frequently cited report.

SECTION 1: SHORT TITLE

It states the short title.This Act may be cited as the “Reforming American Immigration for a Strong Economy Act” or the “RAISE Act”.

SECTION 2: ELIMINATES THE DIVERSITY IMMIGRANT VISA PROGRAM

After Section 1, things start to get hairy quick. Section 2 eliminates the diversity visa program.The Diversity Immigrant Visa program, also known as the green card lottery, allows would-be immigrants to receive a United States Permanent Resident Card, or green cards, through a lottery system. This system was established in The Immigration Act of 1990.The lottery provides 50,000 green cards each year and aims to diversify the immigrant population in the United States. To do this it selects applicants from countries with low rates of immigration in the five years prior.Eligibility is determined by the applicant’s birth country, not country of residence. Section 2 eliminates all of that.

“(a) In General.—Section 203 of the Immigration and Nationality Act (8 U.S.C. 1153) is amended by striking subsection (c).”

SECTION 3: REMOVES EXCEPTIONS FOR THE ANNUAL REFUGEE CAP OF 50,000

Section 3 establishes a refugee cap of 50,000 that kind of, debatably, already existed. At the very least, it removes exceptions to the 50,000 rule.This section makes major changes to 8 U.S.C. 1157. 1157 says: the number of refugees who may be admitted may not exceed fifty thousand . . . unless the President determines . . . that admission of a specific number of refugees in excess of such number is justified by humanitarian concerns or is otherwise in the national interest.But that clause apparently only applied to a few years in the early eighties. Ever since then Presidents have been welcoming however many refugees they want.(Take a look here for refugee numbers.)Also, President Trump has tried to cap the refugee intake at 50,000 in various ways already. So again, at the very least, this bill eliminates the options for the President to raise the cap for “grave humanitarian concerns” or the “national interest.” The new code would read:

“(1) IN GENERAL.—The number of refugees who may be admitted under this section in any fiscal year may not exceed 50,000."

Also, an interesting change: special discretionary decision-making power is transferred from the Attorney General to the Secretary of Homeland Security. So the Secretary of Homeland Security would be able to admit any refugee who is not firmly resettled in any foreign country, is determined to be of special humanitarian concern to the United States, and is otherwise admissible as an immigrant.

SECTION 4: LIMITS THE REACH OF FAMILY SPONSORED VISAS

This section primarily narrows the meaning of “immediate relative.” It effectively removes family-visa pathways for siblings and adult children of U.S. citizens and permanent residents to apply for permanent residency status in the U.S. It limits the family path to spouses and minor children.It redefines “immediate relative” as spouse and children under 18 years old. Whereas before it included children up 21, parents, and siblings.

“Family-sponsored immigrants described in this subsection are qualified immigrants who are the spouse or a child of an alien lawfully admitted for permanent residence.”

It allows for 88,000 immigrants minus the number of aliens paroled that did not depart and did not acquire the status of an alien lawfully admitted. It also deals with some rather complicated things like how many of these visas are subject to country limitation and when the visa of a dependent parent can be extended.

SECTION 5: REPLACES THE EMPLOYMENT-BASED IMMIGRATION SYSTEM WITH A POINTS BASED IMMIGRATION SYSTEM

Section 5 establishes a point-system which would replace the employment-based system with the points based system. This is one of the more innovative or creative sections; the system is surprisingly simple. Notably, the caliber of immigrants accepted under the current employment-based system is already remarkably high. So, If the points-based system were implemented then a sufficiently large number of applicants would accrue enough points to maintain a large applicant pool — a large enough pool to keep the number of employment sponsored green cards the same.Raise keeps the current level of employment visas which is 140,000.

“(1) IN GENERAL.—The worldwide level of points-based immigrant visas issued during any fiscal year may not exceed 140,000."

The points system invites any qualifying applicant to apply for submission into the eligible applicant pool. Applicants apply online and pay a $160 fee. An applicant is eligible if they accrue over 30 points. The applicants with the highest point counts are then siphoned off the top every six months until 140,000 people are admitted.Selected applicants are invited to submit another application which would include valid documentation, an attestation from the prospective employer, the annual salary being offered, a declaration that the job position is new or vacant, health insurance records, and a fee of $345.If the applicant is accepted, spouses, minor children, and dependent adult children can also be issued a visa.In regards to the points, the goal is to accrue 30 points. Points are allotted by status in each category.

Would You Qualify for Legal Immigration to the U.S.?

Answer the following questions to find out:

Age:

• 0–17: Ineligible
• 18–21: 6 points
• 22–25: 8 points
• 26–30: 10 points
• 31–35: 8 points
• 36–40: 6 points
• 41–45: 4 points
• 46–50: 2 points
• 51 and older: No points

Education:

Points are awarded only for the highest degree obtained.

• US or foreign high school: 1 point
• Foreign bachelor’s degree: 5 points
• US bachelor’s degree: 6 points
• Foreign master’s degree in STEM: 7 points
• US master’s degree in STEM: 8 points
• Foreign professional degree (including MBA, JD, or MD) or doctorate in Stem: 10 points
• US Professional degree or doctorate in stem: 13 points

English Language Proficiency:

Points are awarded for decile placement in IETSL or TOEFL.

• 1st–5th deciles: 0 points
• 6th–7th deciles: 6 points
• 8th decile: 10 points
• 9th decile: 11 points
• 10th decile: 12 points

Extraordinary achievements

• Nobel Laureate or has received comparable recognition in a field of scientific or social scientific study: 25 points
• Earned an individual Olympic medal or placed first in an international sporting event within the last 8 years: 15 points
• None 0 points

Job Offer

Points are awarded for job offers with high monetary compensation.

• Annual salary 150%–200% of median household income of state: 5 points
• Annual salary 200%–300% of median household income of state: 8 points
• Annual salary 300% and above of median household income of state: 13 points
• No Job Offer 0 points

Investments

• Applicant agrees to invest $1,350,000 in a new commercial enterprise in the US: 6 points
• Applicant agrees to invest $1,800,000 in a new commercial enterprise in the US: 12 points
• No Investment 0 points

Family preference

• The applicant previously qualified for the once valid family preference visa category: 2 points

Requirement

• An applicant is ineligible if he doesn’t have a degree higher than a bachelor’s degree and he is not in the 6th decile or higher for English proficiency.

Spousal consideration

• If an applicant’s spouse would accrue higher points, then no change is made to the applicant’s points. However, if the spouse would accrue lower points, then 70% of the applicant’s points would be added to 30% of the spouse’s points, and this new number would be considered

Minimum Score: 30

You must be at least 18 years old and have at least 30 points to be eligible to apply for immigration, according to proposed legislation.

SECTION 6: CHANGES THE PREREQUISITE FOR NATURALIZATION

Section 6 mostly does some housekeeping to an already standing section of US code. However, at the end, it adds a term that disqualifies from naturalization people who have outstanding debts owed to the federal government.And that’s the RAISE Act explained section-by-section. We’ll see what bill comes next for immigration.