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Question #1 – Green Card
Is there a set period of time that I must live and work in the United States before I can apply for a Green Card?
Answer #1 – No.
Employers may in fact sponsor applicants overseas for employment-based green card sponsorship.
Family members may also sponsor applicants overseas for family-based green card sponsorship.
In these cases, overseas applicants will receive a temporary LPR stamp at the Consular Interview allowing them to travel to the U.S. Once in the U.S. and the immigrant visa fee paid, the physical Green Card will be mailed to the applicant at the U.S. address as listed on the Consular Processing forms.
Question #2 – Employment Based Green Card Sponsorship
Does anyone with an Advanced Degree qualify for an EB-2 Category I-140?
Answer #2 – No. Please contact our office to schedule a consultation to further discuss your eligibility.
Question #3 – Naturalization/Citizenship
Is there a set period of time that I must live and work in the United States before I can apply for Naturalization?
Answer #3 – Yes.
You must have been a lawful permanent resident for 5 years OR 3 years if your spouse is a US Citizen and you have lived with that person for the entire 3 years, and throughout those 3 years they have been a US Citizen. Additionally, you must have been physically present in the U.S. for half the time and must have been continuously present in the U.S., and not have absences for more than 6 continuous months.
Question #4 – F1, Student Status
How do I become categorized as a STEM worker? I am working on a Master’s Degree in Computer Science at a U.S. University.
Answer #4 – If your degree is listed on the Immigration Customs and Enforcement website, then you would qualify as a STEM degree applicant.
STEM-Designated Degree Program List
Question #5 – Family Based Green Card Sponsorship
If I applied for an I-130 outside of the US, do I have to come to the US for my interview appointment?
Answer #5 – If you filed from outside of the U.S., and are still presently outside of the U.S., then you would attend an interview at the Consulate/Embassy, not in the U.S.
Question #6 – H1B Nonimmigrant Work Visa
Is there any limit to how many times I can apply for an H1B transfer?
Answer #6 – No.
Question #7 – H1B Nonimmigrant Work Visa
If my employer has received an RFE for my H-1B case, does this mean my case will not be approved?
Answer #7 – No.
As provided on the USCIS website: A request for evidence is made when an application/petition is lacking required documentation/evidence (initial evidence) or the officer needs more documentation/evidence (additional evidence) to determine an applicant’s eligibility for the benefit sought. We may send you a request for evidence at any stage of our review. The request will indicate what evidence or information is needed for us to fully evaluate your application or petition. The notice will explain where to send the evidence and will give the deadline for your response. Your application or petition will be held in suspense during that time. If you receive a request for evidence and have questions about what you need to submit, you may call our National Customer Service Center at 1-800-375-5283.
Question #8 – L1 Intracompany Transferee Work Visa
Can spouses of L1 visa-holders work in the US?
Answer #8 – Yes, spouses of L1 nonimmigrant visa holders are eligible to apply for L2 dependent nonimmigrant visa status which allows for employment authorization.
Question #9 – F1, Student Visa
If I am an F1 International student from Spain and I want to work off campus, what kind of visa should I apply for?
Answer #9 – Speak with your University’s Designated School Official (DSO).
Question #10 – Canadian Citizens
Can a Canadian citizen apply for an H-1B Visa? Or do they only qualify for a TN Visa?
Answer #10 – In order to qualify for H-1B classification, the applicant must have at least a U.S. bachelor’s degree or its foreign equivalent AND the job sought must require at least a bachelor’s degree or its equivalent. If the Canadian citizen has at least a U.S. bachelor’s degree or its foreign equivalent and the job sought requires at least a bachelor’s degree or its equivalent, s/he may in fact qualify for the H-1B nonimmigrant work visa. The H-1B non-immigrant worker visa is subject to numerical limitations imposed by Congress. Each fiscal year, beginning on April 1, ONLY 65,000 visas are available, with an additional 20,000 available for those with U.S. Master’s degrees.
As an alternate option, a Canadian Citizen may apply for a TN visa. The TN Visa is a product of NAFTA, the North American Free Trade Agreement. Under the North American Free Trade Agreement (NAFTA), certain citizens of Canada and Mexico are eligible to enter the U.S. under the nonimmigrant TN status. The TN Visa enables Canadian and Mexican citizens to temporarily work in the U.S. in a NAFTA-approved professional occupation.
MVP Law Group would like to thank everyone who contributed a question or comment.
Our next “Immigration Q & A Forum” is scheduled for Friday, August 24, 2018!
Please remember to submit your questions/comments on our H1B Visa Lawyer blog!