Since late 2025, U.S. spouse I-130 petitions from at least 19 “high-risk” or “travel-ban” countries appear to be moving more slowly, going missing in “security review,” or getting bounced between USCIS, the new Atlanta vetting center, and the State Department — even when the couples are “clean” and otherwise approvable.
This slowdown does not appear in a single neat public memo called “I-130 slowdown,” but instead shows up as:
For millions of families, this “invisible” I-130 slowdown is likely to shape who actually gets a marriage green card in 2026 — and who is quietly parked in limbo.
The I-130 slowdown 2026 is impacting many families as they navigate the immigration process.
This article focuses on family-based I-130 spouse petitions (immediate relative and F2A) where:
For background on how I-130 spouse cases normally work, we cross-reference Herman Legal Group’s core guides:
Historically, I-130 spouse petitions for immediate relatives often tracked national median USCIS processing times fairly closely. Today, the I-130 slowdown 2026 has led to nationwide medians masking a very different story for certain nationalities. (USCIS e-Gov)
USCIS’s internal memo PM-602-0192—covered in Herman Legal Group’s explainer “Frozen Files: USCIS PM-602-0192 Freeze”—orders officers to hold benefit decisions for nationals of the 19 “high-risk” countries listed in Presidential Proclamation 10949 (the renewed travel-ban list). (Herman Legal Group LLC)
Those countries typically include:
Depending on the final implementation, additional countries may be functionally “added” through vetting practices and consular risk profiles.
Herman Legal Group’s blacklist deep dive, “Trapped by the New Travel-Ban Visa & Green Card Blacklist”, explains how these lists intersect with family, employment, and humanitarian cases. (Herman Legal Group LLC)
Key point: PM-602-0192 does not say “I-130 spouse petitions” in the title, but it sweeps them in as “benefit requests” for anyone whose country of birth or citizenship is on the list.
Near the top of this story is a fundamental shift toward continuous, nationality-driven vetting. That shift is visible in:
In other words, spouses from these countries are now caught in a system designed for permanent suspicion and repeated re-screening, not one-time adjudication.
USCIS publishes:
Those data sets show:
What USCIS does not publish:
That gap is why reporters, data journalists, and policy analysts are now triangulating:
HLG’s own I-130 resources tracking these trends include:
Drawing on HLG’s “Frozen Files” and “Vetting Center High-Risk Countries” guides, here is how the slowdown typically plays out for spouse petitions:
For a U.S. citizen or LPR sponsoring a spouse from a listed country, the I-130 may:
In more advanced cases:
Even spouses from non-listed countries feel the backlash:
HLG’s marriage-based resources describing these ripple effects:
The I-130 slowdown is inseparable from the broader shift toward digital and social-media vetting.
HLG’s related deep dives:
Recent reporting shows plans to widen the travel ban to 30+ countries, explicitly building on an earlier 19-country list and citing concerns about identity and terrorism. (The Guardian)
HLG’s own analysis ties this directly into family cases:
Spouses from listed countries are thus screened not only as would-be immigrants, but as potential security risks within an ever-expanding surveillance net.
For U.S. citizens sponsoring spouses, there is no numerical cap. In theory, once the I-130 is approved and background checks clear, the path to the green card is governed mainly by USCIS and NVC processing speed.
For green-card holders (F2A), spouses must watch both:
The I-130 slowdown introduces a third variable: whether a spouse’s nationality quietly drives the case into a security hold.
After I-130 approval, many couples encounter:
To track that layer, State now offers:
HLG practice-area and guide links that help put this in context:
For spouses (especially from the 19 countries) who suspect they’ve been pulled into the slowdown, Herman Legal Group typically focuses on:
This documentation becomes crucial if you eventually move to federal court (writ of mandamus).
A writ of mandamus is a federal lawsuit asking a judge to order a government agency (USCIS, State, or both) to do its job — in this context, to make a decision on your long-delayed case.
Key points:
HLG’s related discussions of mandamus in other contexts:
For spouse petitions from the 19+ high-risk countries, mandamus may be realistic when:
Mandamus in this context is often about forcing transparency:
Mandamus is powerful, but not free of risk:
Because of this, HLG generally reserves mandamus for:
If you are a reporter, policy analyst, or researcher, the “Great I-130 Slowdown” opens up multiple under-reported angles:
HLG’s broader policy-oriented pieces you can cross-reference:
Q1: Is there an official memo that says “we are slowing I-130s for these countries”?
No. The slowdown is the combined effect of PM-602-0192, the new vetting center, continuous vetting, and travel-ban expansions that happen to disproportionately hit nationals of these countries.
Q2: Does this affect spouses inside the U.S. (adjustment of status) and outside (consular)?
Yes. For spouses in the U.S., the I-130/I-485 package can be held or re-opened. For spouses abroad, NVC and consular processing may stall under “administrative processing” with no clear end date.
For AoS guidance, see:
Q3: If my spouse is from a non-listed country, should I still worry?
Yes, but for different reasons. Even if your spouse isn’t from a listed country, you may face longer queues and more detailed vetting because USCIS and DHS are spending more time on national-security screening overall.
Q4: Will a writ of mandamus guarantee approval?
No. It can compel action, not approval. That is why mandamus should be weighed carefully with an experienced immigration litigator familiar with travel-ban and vetting issues.
Q5: Is it safe to travel while my I-130/I-485 is pending and I’m from a listed country?
Travel is risky, especially with pending I-485s, advance parole, or fragile temporary status. See:
Herman Legal Group has:
Key marriage-based resources:
If your spouse’s I-130 has quietly stalled, especially from one of the 19+ countries, consider scheduling a confidential strategy session:
U.S. Citizenship and Immigration Services (USCIS)
U.S. Department of Homeland Security (DHS)
U.S. Customs and Border Protection (CBP)
U.S. Department of State (DOS)
USCIS Vetting & High-Risk Countries
Border Scrutiny, Secondary Inspection & Digital Privacy
Across the U.S., immigrants are being pulled out of naturalization lines minutes before taking the oath, even after passing interviews, civics and English tests, and receiving N-400 approvals.
In December 2025, a mass cancellation at Boston’s Faneuil Hall exposed a national pattern of “oath-day crackdowns” that had been quietly building for months.
Behind the scenes, USCIS is using new AI-driven vetting, social-media screening, nationality-based “security holds,” and last-minute FBI/name-check rescreening to stop ceremonies for people previously treated as “low risk.”
HLG has already published a deep-dive “7 jaw-dropping insights” explainer in
Yanked Out of Line: What Every Immigrant Needs to Know About USCIS’s Oath-Day Crackdown,
which this article builds on and expands for journalists, researchers, and Reddit communities.
Many of those affected are long-time green card holders with families, no criminal record, and stable lives — but are being flagged anyway because of nationality, travel history, data mismatches, or automated risk scores.
This guide explains why ceremonies are being canceled, who is most at risk, where the data points, and what people can do if they are “canceled at the finish line.”
Recent reports have revealed that many immigrants find themselves facing the unfortunate circumstance of a USCIS oath ceremony canceled, leaving them in uncertainty about their citizenship journey.
In Boston, media reported that multiple immigrants were told at the door that their oath was canceled — in some cases, after being asked their country of birth.
USCIS policy is clear: you are not a U.S. citizen until you take the oath; the agency can postpone or cancel a ceremony if new “derogatory information” appears at any time before the oath.
The HLG article
Yanked Out of Line: What Every Immigrant Needs to Know About USCIS’s Oath-Day Crackdown
identifies seven “jaw-dropping insights”, including:
the role of nationality-based holds
the impact of the Atlanta Vetting Center
the revival of “neighborhood checks”
and the use of PM-602-0192 “national security” flags on naturalization cases.
TRAC data, USCIS processing times, and FOIA logs show growing naturalization backlogs, more “security review” holds, and increasing rescreening before oath day.
On a cold December morning in Boston, immigrants arrived at Faneuil Hall expecting one of the most important moments of their lives: taking the Oath of Allegiance and finally becoming U.S. citizens. Families brought flowers, flags, and cameras.
Instead, many were told — minutes before the ceremony — that they would not be sworn in. They were instructed to step aside. Some were whispered explanations like “a system issue,” others heard nothing at all. The scene was later described in press coverage as “unspeakable cruelty.”
What happened in Boston is not just a local glitch. It is part of a broader 2025 oath-day crackdown.
Herman Legal Group has already captured the first wave of this story in
Yanked Out of Line: What Every Immigrant Needs to Know About USCIS’s Oath-Day Crackdown.
That guide offers seven jaw-dropping insights into how and why USCIS is yanking people out of line at the last minute.
This new article goes even further. It is designed as a data-driven resource for immigrants, journalists, researchers, policy analysts, and Reddit communities — with a focus on “low-risk” immigrants suddenly caught in high-risk systems.
Media reports out of Boston described:
Immigrants being stopped at check-in, told they would not be sworn in, and escorted away from the ceremony area.
Notices that allegedly arrived too late to be seen, if at all.
Applicants from certain countries being quietly separated from others.
No clear written explanation — only vague references to “processing” or “system” issues.
The HLG article
Yanked Out of Line: What Every Immigrant Needs to Know About USCIS’s Oath-Day Crackdown
documents how Boston was a public glimpse into a mechanism that already existed:
USCIS can cancel or continue a case even after N-400 approval.
“Security holds” tied to PM-602-0192 and similar policies are being used aggressively for certain nationalities.
A new culture of post-approval rescreening has taken root.
The same vulnerabilities — nationality, travel history, social media, data mismatches — exist in every USCIS field office, not just Boston.
When you zoom out using TRAC data, FOIA records, and field-office backlogs and compare with what HLG is seeing in cases at its offices in Cleveland, Columbus, and nationwide, you see a clear picture:
Oath-day cancellations are no longer rare anomalies.
They are now part of the standard toolkit of national-security vetting.
This section expands and systematizes what is already previewed in the “7 jaw-dropping insights” guide.
Internal memos like PM-602-0192 allow USCIS to place “national security” holds on cases that:
Involve people from certain “countries of concern”
Trigger certain watchlists
Or raise flags in interagency databases
What began as a policy mechanism for visas and green cards is now hitting naturalization and oath ceremonies as well.
As explained in the HLG analysis of national-security holds and travel-ban-style vetting, this effectively means:
Your country of birth can be enough to slow or stall your path to citizenship.
Even long-time permanent residents with spotless records can be swept into broad nationality filters.
USCIS has quietly built an Atlanta Vetting Center, which HLG covers in detail in
Inside USCIS’s New Vetting Center: How Atlanta’s AI Hub Will Decide Your Case in 2026.
Key features:
AI-assisted background checks
Bulk rescreening of cases that were already “approved”
Social-media scraping and risk scoring
Pattern analysis of travel, contacts, and associations
In practice, this means:
An N-400 that was “recommended for approval” months ago may be re-evaluated days or hours before the oath.
A single “algorithmic hit” — even if later disproven — can freeze the ceremony and push a case into indefinite “additional review.”
2025 has seen a revival of enforcement-heavy ideas, including:
Expanded “neighborhood checks” and in-person verifications
Cross-checking naturalization applicants against enforcement priority lists
Closer coordination between USCIS and ICE on “flagged” cases
HLG’s broader enforcement analysis in
Trump’s 2025 Deportation Surge: What Non-Criminal Immigrants Need to Know
shows how non-criminal immigrants are increasingly caught up in enforcement dragnets that once focused primarily on serious offenders.
Those trends do not stop at the border or during visa processing — they now reach right into naturalization ceremonies.
Patterns emerging from Boston and beyond show elevated risk for people who:
Were born in countries associated with terrorism, armed conflict, or “heightened concern.”
Traveled recently to conflict zones or nearby states.
Have family ties in regions under heavy intelligence scrutiny.
The “7 jaw-dropping insights” article notes reports of applicants from countries such as Afghanistan, Iran, Syria, Yemen, Somalia, Sudan, Libya, Eritrea, Russia, Cuba, and Venezuela being disproportionately represented among those pulled aside.
This is not because every individual is a risk — it is because the system treats entire groups as risk categories.
Not every cancellation is a policy decision. Some are caused by:
Old paper A-files that were never fully digitized
Mis-scanned documents
Name variations that cause false matches with watchlists
Mismatched birth dates or places in legacy systems
Discrepancies between information in USCIS, CBP, and FBI databases
But from the immigrant’s perspective, it doesn’t matter whether the issue is a policy choice or an administrative error: the result is the same — no oath, no citizenship, and no clear answers.
Under the USCIS Policy Manual, naturalization:
Begins with filing the N-400,
Passes through the interview and “recommended for approval,”
But is not complete until the oath is administered and recorded.
That means:
USCIS can re-run background checks at any time between interview and oath.
A ceremony can be canceled because of something that happened after the interview.
Even minor incidents, misunderstandings, or bad data can trigger new review.
HLG’s naturalization guidance in
Citizenship Application Delays: What’s Going On at USCIS?
explains this “continuous vetting” reality and how it collides with applicants’ expectations.
One of the most disturbing “jaw-dropping insights” is how little USCIS has to tell you:
They do not have to explain the reason for a ceremony cancellation.
They may not give you a written notice on the spot.
Online case status often remains vague (“In process,” “Oath ceremony will be scheduled”).
In some cases, applicants learn about the cancellation only when they show up.
This opacity prevents people from defending themselves, correcting errors, or even knowing whether they are under suspicion.
Many assume that:
If they have no criminal record
Paid their taxes
Served in the U.S. military
Married a U.S. citizen
Or built a long, stable life here
… they are safe from abrupt cancellations.
The HLG experience and the oath-day crackdown evidence say otherwise.
Examples of “low-risk” profiles caught in this:
Long-time green card holders with decades in the U.S.
Parents of U.S. citizen kids who have never even had a traffic ticket.
Refugees and asylees who rebuilt their lives and followed every rule.
The pattern isn’t “bad people getting caught” — it’s good people being processed through systems that treat them as data points and risk scores.
Most oath-day cancellations do not involve on-the-spot detention — but the fear is real and not unfounded.
For the broader pattern of ICE presence at USCIS events, see
Why ICE Is Now Waiting at USCIS Interviews.
Key realities:
USCIS can refer cases to ICE when it detects potential fraud, misrepresentation, or serious immigration violations.
Some people who see their ceremonies canceled may eventually face removal proceedings if USCIS believes they obtained their green cards improperly or concealed information.
However, for most “low-risk” immigrants, cancellation is about delay, uncertainty, and fear — not immediate enforcement.
Still, once you are under additional review, you should treat your situation as legally serious and consult a deportation-savvy naturalization attorney. HLG’s
Deportation Defense Guide
covers complex intersections between naturalization and removal risk.
This section is written for maximum shareability on Reddit and WhatsApp.
If you are stopped at check-in, pulled aside, or told the ceremony is canceled:
Stay calm and courteous. Anything you say can end up in your file.
Politely ask:
“Is my N-400 denied, or is my case continued?”
“Is there new information that caused this, or is this a general policy affecting a group?”
Ask if you can receive something in writing confirming:
whether the ceremony is postponed,
whether your case is reopened, or
whether additional review is required.
Keep:
your original oath notice,
any cancellation letter,
the names (or at least positions) of any officers you speak with,
your own detailed notes of what happened.
HLG’s earlier article
Yanked Out of Line: What Every Immigrant Needs to Know About USCIS’s Oath-Day Crackdown
has additional “scripts” you can adapt for day-of interactions.
Consult an experienced immigration lawyer before aggressively contacting USCIS on your own, especially if you are from a “high-risk” country or have any prior issues.
Consider filing FOIA requests with the help of counsel to obtain:
your USCIS A-file,
records of interagency communications or name-checks.
Monitor your online case status and save screenshots of any updates.
If delays become extreme, discuss with your lawyer whether to explore a mandamus or naturalization delay lawsuit, especially if more than 120 days have passed since decision or interview.
To get individualized advice, you can
book a consultation
with the Herman Legal Group.
This section is included specifically to make the article attractive to newsrooms and policy shops.
USCIS Processing Times for N-400 at specific field offices.
TRAC Immigration data on naturalization, case completion, and geographic patterns.
USCIS FOIA Reading Room entries referencing “background check,” “security hold,” or “oath ceremony.”
Local court naturalization ceremonies and cancellations reported via federal court calendars.
How many oath ceremonies were canceled by field office in the last 12–24 months?
How many cases are marked “security review” or “additional vetting” post-approval?
How many nationality-based holds exist, and what is the breakdown by country?
How many naturalization applicants have seen their cases reopened after an oath cancelation?
Encourage:
Local legal clinics, NGOs, and community groups to track incidents and share anonymized data.
Impacted immigrants to share their stories (safely) with journalists, following guidance like that in the HLG article
Yanked Out of Line: What Every Immigrant Needs to Know About USCIS’s Oath-Day Crackdown.
Not necessarily.
Approval is not final until you take the oath. Your case may be:
continued,
reopened,
placed in “security review,” or
in rare cases, moved toward denial.
Officially, USCIS does not admit to “nationality-only” decisions. In practice, policies like PM-602-0192 and “heightened scrutiny” lists mean nationality is a major factor.
Common non-criminal triggers include:
country of birth,
travel to certain regions,
social-media posts,
A-file errors or name mismatches,
data added to watchlists after your interview.
It is possible but rare. However, anytime a case is under “security” or “fraud” review, there is some enforcement risk. See
Why ICE Is Now Waiting at USCIS Interviews
for how enforcement can intersect with USCIS events.
Yes. Unless USCIS separately moves to revoke your green card or place you in removal proceedings, you remain a lawful permanent resident.
It varies widely:
Some are rescheduled in weeks.
Others wait months or more than a year.
Some see their cases reopened for a new interview.
You can submit an online inquiry or call, but it is usually wiser to speak with a lawyer first, especially if you think nationality, travel, or prior history might be factors.
Generally yes — you still hold a green card — but travel may increase scrutiny, especially if you already face a security hold. Discuss with counsel before leaving the U.S.
Not in most cases. But prolonged “security review” or negative findings can lead to denial. It is critical to understand the reason for the hold and respond strategically.
In some circumstances, yes — through a mandamus or § 1447(b) delay action. This should only be considered with counsel who understands both naturalization and litigation risk.
If your oath ceremony was canceled — or you are afraid it might be — you do not have to navigate this alone. The rules are murky, but your rights still matter.
You can
book a consultation
with the Herman Legal Group to review your case, understand your risk, and map out a strategy to protect your green card and your future path to citizenship.
Yanked Out of Line – 7 Jaw-Dropping Insights on USCIS Oath Ceremony Cancellation
Inside USCIS’s Atlanta Vetting Center (AI + Social Media Screening)
Trump’s 2025 Deportation Surge – What Non-Criminal Immigrants Must Know
FOIA Portals
HLG FOIA Templates
Key Data Sources
(Use these to document spikes in delays, cancellations, and geographic disparities across USCIS field offices.)
As the H-1B lottery for Fiscal Year (FY) 2026 approaches, both employers and prospective immigrants need to be ready for key deadlines, updates, and procedural steps. USCIS has announced its H1B Lottery filing window and guidelines for FY 2026.
This guide offers a detailed, step-by-step breakdown to help you navigate the process efficiently.
Mark your calendars with these critical dates:
Employers and legal representatives should mark these dates to ensure timely submission of H-1B registrations.
Note: These dates are specific to the registration phase. If your registration is selected, the petition filing period runs from April 1, 2025, to June 30, 2025.
USCIS has introduced several updates that will impact this year’s H-1B registration process:
Mandatory Use of USCIS Organizational Accounts.
All prospective H-1B petitioners and their representatives must use a USCIS online account to register beneficiaries and process payments. Creating an organizational account is essential to register beneficiaries and process payments. Accounts created in previous years can still be used, but it’s crucial to verify access and update any outdated information.
Increased Registration Fee.
The registration fee has increased to $215 per registration, a change announced by USCIS in January 2024. This fee hike reflects growing registration volumes and administrative costs. The fee must be paid online at the time of registration submission, and refunds are not issued for unsuccessful lottery entries. This is a massive increase from the previous $10 filing fee.
Updated Payment Limits.
The U.S. Department of the Treasury has raised the daily credit card transaction limit from $24,999.99 to $99,999.99, accommodating the higher fees and allowing for bulk payments. Employers submitting multiple registrations should plan payment schedules accordingly to avoid exceeding limits.
Beneficiary-Centric Selection Process.
Continuing from FY 2025, USCIS will select lottery winners based on unique beneficiaries, not individual registrations. This means that multiple registrations for the same beneficiary from different employers will not increase that beneficiary’s chances of selection. This aims to reduce duplicate entries and improve fairness.
Enhancements to the USCIS Online System.
USCIS has rolled out improvements based on user feedback:
Paralegal Flexibility: Paralegals can now work with multiple legal representatives within an organization, streamlining the preparation of H-1B petitions and premium processing requests. This allows for better collaboration and division of labor within legal teams.
Simplified Account Management: Legal representatives can easily add paralegals to various client accounts, enabling more efficient handling of multiple H-1B cases.
Bulk Upload Capability: Employers can upload spreadsheets with beneficiary data, which will automatically populate H-1B registration forms. This feature is especially useful for larger organizations submitting multiple registrations, saving time and reducing manual errors.
Data Prepopulation: Information from the H-1B registration will now auto-fill corresponding fields in Form I-129 when prepared online, reducing data entry errors. This integration minimizes redundant work and ensures consistency across forms.
If you get picked!
New Form Alert: The latest Form I-129 became mandatory from January 17, 2025, and all filings must use this updated version.
Each year, the U.S. Citizenship and Immigration Services (USCIS) runs a lottery to randomly select H-1B visa applicants because the demand exceeds the supply. Here’s what you need to know:
1. Annual Cap:
Pro Tip: Master’s degree holders get two chances to be selected—they’re entered in both rounds! This significantly increases their odds compared to bachelor’s degree holders.
Lottery Selection Process:
Beneficiary-Centric Selection Process Continues
USCIS will continue its beneficiary-centric selection process introduced in the previous year. This system aims to:
Registration Trends:
To be eligible, you need to meet specific criteria:
H-1B Modernization Rule: What You Need to Know
The H-1B Modernization Rule, effective January 17, 2025, remains in place. Introduced by the Biden Administration, it brings several key changes:
Potential Changes Under Future Administrations: While President Trump’s executive orders have revoked many Biden-era policies, reversing this rule would require a formal rulemaking process since it is codified in the Code of Federal Regulations. If reversed, potential changes could include:
Employers must electronically register to enter the H-1B lottery. Here’s how it works:
Existing Users: Employers with prior H-1B registrant accounts from FY 2021–FY 2024 that were inactive during FY 2025 will have their accounts converted to organizational accounts upon login.
New Users: Employers without an account can create one at any time before the registration period.
This includes new organizational accounts that allow multiple representatives within an organization to collaborate on filings. Add team members or legal representatives for collaborative management.
Resources and Support:
Submit Beneficiary Information:
Important: Each employer can submit only one registration per employee. Duplicate submissions will result in disqualification.
*Employers filing on behalf of an H-1B applicant can see the applicant’s lottery status in their USCIS account. The account will show the lottery status as one of the following:
Gather all necessary documentation and legal support ahead of time
Mark your calendars! Here are the key dates for this year’s H-1B Cap season:
Here’s a detailed look at the costs involved in the H-1B process:
| Fee | Amount | Who Pays? |
| Registration Fee | $215 | Employer |
| Basic Filing Fee | $780 ($460 for small firms and nonprofits) | Employer |
| Public Law 114-113 Fee | $4,000 (if 50+ employees and more than 50% are H-1B or L-1 holders) | Employer |
| Premium Processing (optional) | $2,805 | Employer/Employee |
| USCIS Anti-Fraud Fee | $500 | Employer |
| ACWIA Training Fee | $750 (less than 25 employees) / $1,500 (25+ employees) | Employer |
| Asylum Program Fee | $600 (if 26+ employees) / $300 (if 25 employees or fewer) / $0 for nonprofits | Employer |
| Attorney Fees | Varies | Employer |
Note: Premium processing speeds up the petition review to 15 calendar days but doesn’t guarantee selection.
If your registration is selected in the lottery:
If not selected, you have options:
Alternatives to H-1B:
If you’re not selected and your current work authorization is expiring, you have a 60-day grace period to explore other options. Consider these alternatives:
Even if your H1B application is denied, there are options:
Key Takeaways
For Immigrants:
For Employers:
Preparing for the H-1B Filing Season
Employers should take proactive steps to ensure a smooth H-1B filing process:
General Information
Eligibility and Requirements
Registration Process
Post-Selection Process
Common Issues and Troubleshooting
Less Common Scenarios
Other Important Questions
The FY 2026 H-1B cap registration introduces both new challenges and opportunities for sponsoring employers. The increased fee and continued beneficiary-centric selection process require strategic planning and early preparation. By following this guide and staying proactive, employers can navigate the process effectively and maximize their chances of securing H-1B visas for their prospective employees.
For more information, visit the USCIS official website or consult with your legal representative.
At Herman Legal Group, we simplify the H-1B process for both employers and immigrants. From ensuring timely, accurate submissions to exploring alternative visa options if needed, our team is dedicated to helping you succeed.
Book a consultation today to discuss your H-1B strategy or alternative visa solutions.
Good luck with your H-1B journey for 2025-2026!
The H-1B lottery is a critical component of the H-1B visa program, which allows U.S. employers to sponsor foreign workers for specialty occupations. Each fiscal year, the U.S. Citizenship and Immigration Services (USCIS) administers this lottery to manage the high demand for H-1B visas, which far exceeds the annual cap. The H-1B cap is set at 65,000 visas per fiscal year, with an additional 20,000 visas available for foreign nationals holding advanced degrees from U.S. institutions.
Employers submit registrations electronically during the designated registration period, which typically occurs in March. This process is managed through the USCIS online system, ensuring a streamlined and efficient registration process. Each registration requires a non-refundable registration fee of $215 per beneficiary. The electronic system not only simplifies the submission process but also helps USCIS manage the high volume of registrations efficiently.
The selection process is random, ensuring a fair chance for all registrants. Once the registration period closes, USCIS conducts the lottery and announces the results, usually by the end of March. Employers whose registrations are selected can then proceed to file full H-1B petitions on behalf of their beneficiaries.
The beneficiary-centric selection process is a key feature of the H-1B lottery, designed to enhance fairness and transparency. Under this system, each unique beneficiary is entered into the lottery only once, regardless of how many registrations are submitted on their behalf. This approach helps to prevent duplicate registrations and ensures that each foreign national has an equal chance of being selected.
USCIS conducts the lottery electronically, using a random selection process to choose the registrations that will proceed to the next stage. The results of the lottery are typically announced in late March or early April. Employers whose registrations are selected will receive notifications through their USCIS online accounts, allowing them to file H-1B petitions for their beneficiaries during the designated filing period.
This beneficiary-centric approach not only reduces the likelihood of duplicate registrations but also promotes a more equitable selection process, ensuring that the lottery is fair for all participants.
The H-1B lottery is a complex and highly competitive process that requires careful planning and preparation. Employers and foreign national employees must navigate the electronic registration system, ensure compliance with all relevant regulations, and prepare for the possibility of not being selected in the lottery.
To increase their chances of success, employers should work closely with experienced immigration attorneys and ensure that they have a thorough understanding of the H-1B lottery process. This includes creating an organizational account, submitting registrations electronically, and paying the required registration fee.
By understanding the H-1B lottery process and taking proactive steps to prepare, employers and foreign national employees can navigate this complex process with confidence and achieve their goals.
24/7 Support, Just A Call Away!
On September 23, 2024, U.S. Citizenship and Immigration Services (USCIS) has announced an extension of the Deferred Enforced Departure (DED) program for Eligible Liberians in the U.S. until June 30, 2025.
DED Extension Period: June 28, 2024 – June 30, 2026.
Automatic EAD Extension: DED-related EADs with expiration dates of March 30, 2020, January 10, 2021, June 30, 2022, or June 30, 2024 are automatically extended until June 30, 2026.
For those not eligible for automatic extension of work authorization, they can can now apply for Employment Authorization Documents (EADs) good through June 30, 2026. This follows a June 28, 2024 memo from President Biden extending DED for eligible Liberians until that date.
Ineligible Individuals: This does not apply to:
DED for Liberians: Key Points
No New DED Application Required: DED for eligible Liberians is automatic based on continuous U.S. presence and eligibility as per the June 2024 memo.USCIS EAD Processing Improvements: USCIS has streamlined the process to reduce EAD wait times. Each application is reviewed on a case by case basis to ensure fair and humane adjudication.
1. DED-Based EAD:
2. Biometrics:
Liberians under DED can apply for travel authorization to travel and reenter the U.S. under certain conditions.
Form: I-131
Travel Authorization: Granted at DHS discretion, this is required if you want to travel without jeopardizing your DED status.
Important:
Travel to Liberia or be outside the U.S. for 180 days or more may terminate your DED. File this well in advance of any planned travel.
Where to File
Mailing Address: File Form I-765 and Form I-131 (if applying for travel authorization) to:
USPS:
Other Couriers (FedEx, UPS, DHL):
Separate Payments: USCIS recommends filing separate payments for multiple applications to avoid rejection if one form is incomplete or incorrect.
Using an EAD as Employment Authorization
Employers must complete Form I-9, Employment Eligibility Verification, to verify identity and employment authorization. A DED-based EAD with (a)(11) is acceptable as proof of both identity and employment authorization for Form I-9.
Prohibited Practices
Employers cannot request additional documentation beyond what is required for Form I-9 or discriminate based on citizenship or national origin. Employees can contact the Immigrant and Employee Rights Section (IER) for questions or to report discrimination.
For E-Verify Employers:
E-Verify employers must follow guidelines for tentative nonconfirmation (mismatch) results and allow employees to resolve any mismatches before terminating employment based on verification status.
Note for Federal, State and Local Government Benefit Applications:
If applying for government benefits, individuals with DED-based EADs may need to provide additional documentation to prove eligibility. Many agencies use the SAVE program to check DED status.
Deferred Enforced Departure (DED) for Liberians
This June 28, 2024 memo by President Biden extends Deferred Enforced Departure (DED) for eligible Liberians in the United States, so they can stay and work in the U.S. until June 30, 2026. Reinstating deferred enforced departure provides crucial legal protections and employment authorization for Liberians navigating a complex status-adjustment process. This extension continues the U.S.’s long-standing support for Liberians who have been affected by conflict and civil unrest in their home country.
The U.S. has protected Liberians since 1991 through temporary protected status (TPS) and Deferred Enforced Departure (DED), allowing eligible Liberians to stay and work in the U.S.
During this time, legislation like the Liberian Refugee Immigration Fairness (LRIF) provision of the National Defense Authorization Act for Fiscal Year 2020 allowed many Liberians and their families to apply for lawful permanent resident (LPR) status if they had been continuously present in the U.S. since November 20, 2014.
Current Extension and Employment Authorization
Eligibility for DED extension
Exclusions
What is Deferred Enforced Departure (DED)
Deferred Enforced Departure (DED) is a discretionary policy used by the President to delay the removal of certain groups based on foreign policy reasons. Official communications and memoranda issued by President Biden direct the secretaries of state and homeland security to implement policies that defer removal for eligible individuals and provide them with employment authorization.
It does not grant a specific immigration status but allows designated individuals to stay in the U.S. without fear of removal for a certain period of time as determined by presidential memos.
Current DED Authorizations and Eligibility
Eligibility for DED varies by presidential memo. Each memo defines who is eligible for DED and lists exceptions such as individuals who are not eligible due to criminal records or specific security concerns.
Employers and Employees
For DED employment authorization questions:
If DHS grants travel authorization as part of DED, eligible individuals must apply for advance parole before traveling outside the U.S. Advance parole allows temporary reentry during a specific period and is required for DED holders who want to travel.
Understanding Deferred Enforced Departure (DED)
Application and Renewal Process
The filing fee for Form I-765 is $410, although a fee waiver may be requested using Form I-912 if eligible. USCIS will review the application and make a determination on eligibility for DED. If approved, the individual will receive an Employment Authorization Document (EAD) that is valid for a specified period, allowing them to work legally in the United States.
Important Dates and Deadlines
These dates are crucial for maintaining eligibility and ensuring continued employment authorization under the DED program.
Resources and Assistance for Liberians with Enforced Departure
Eligible Liberian nationals may seek assistance from various resources, including:
For more information on DED coverage, EAD application requirements and updates visit uscis.gov.
Follow USCIS on X (formerly Twitter), Instagram, YouTube, Facebook and LinkedIn.
These organizations offer valuable support to ensure that eligible Liberian nationals can navigate the DED process effectively and maintain their employment authorization.
For more detailed information, individuals are encouraged to visit the respective websites or contact these organizations directly.
This DED is for Liberians, work authorization and travel for eligible individuals. This period of deferred removal allows Liberians and employers to continue to work until June 30, 2026 as per President Biden’s memo.For more information or to review the specific requirements and application process, see the Federal Register notices or the USCIS website.
By following these steps, DED beneficiaries can work in the U.S. and—where applicable—travel.
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A green card is officially known as a Permanent Resident Card and is issued by U.S. Citizenship and Immigration Services (USCIS) that grants you permanent resident status.
As a green card holder, you can live and work in the U.S. and after a certain period (3-5 years) you can apply for United States citizenship.
The green card process can be tricky, but knowing the process and requirements makes it more doable.
Every few years, the U.S. Citizenship and Immigration Services USCIS introduces different designs of the green card to reduce fraud and counterfeiting. The current version of the Permanent Resident Card (green card) was introduced in January 2023. But new green card designs do not invalidate old cards. The green card is still valid until the date on the front of the card.
The U.S. Citizenship and Immigration Services has not changed the modern green card much in terms of the information and how to read a green card. Here, we will first make a breakdown of what information it contains.
The Front of a Green Card
The front of a permanent residence card contains several security features and personal information about the green card holder:
The Back of a Green Card
The back of a green card has more cryptic information used by government agencies for quick verification:
The process for getting a green card depends on whether you are applying from within the U.S. (adjustment of status) or outside the United States (consular processing).
The green card process is governed by U.S. immigration law, which outlines the eligibility requirements for different categories such as special immigrants, family-based green cards, and longtime resident green cards.
Applying for the Green Card from Within the United States: Adjustment of Status
Applying Green Card from Outside the United States: Consular Processing
The time it takes the U.S. Citizenship and Immigration Services to process a green card can be a few months to several years depending on the type of green card and where you are applying.
For spouses and immediate relatives of U.S. Citizens: it can take up 10-23 months if they are applying from within the U.S., or 13.5-15 months if they are outside the U.S.
Employment-Based Green Cards: Obtaining an employment-based green card involves several steps, including the PERM/Labor Certification, I-140 Immigrant Petition, and Green Card Application. The wait can be 2 years or more depending on the applicant’s priority date and the availability of visa numbers.
The government filing fee, also known as the USCIS immigrant fee has been recently changed, and the exact amount of each USCIS form can be seen on the USCIS website.
There are several types of green cards:
Each type of green card grants permanent residence in the U.S. and comes with specific benefits and requirements.
To apply for a Green Card, you must qualify under one of the categories listed below. Once you identify the category that applies to you, you need to check the eligibility requirements, the application process, and whether your family members can also apply.
Green Card through Family
You may be eligible to apply for the green card through the family as:
Another eligible U.S. citizen’s family members or relatives of permanent residents under the family-based preference categories:
Green Card through Employment
You may be eligible to apply for an employment-based permanent resident card as:
Immigrant worker:
Physician National Interest Waiver:
Immigrant investor:
Green Card as a Special Immigrant
You may be eligible to apply as:
Green Card as a Refugee or Asylee
You may be eligible to apply as:
Green Card for Human Trafficking and Crime Victims
You may be eligible to apply for a green Card for a Victim of Human Trafficking or Victims of Criminal Activity if you are:
Green Card for Victims of Abuse
Green Card through Other Categories
More categories can make you eligible for the green card:
Section 13 (diplomat):
Green Card through Registry
Conditional Green Cards
Unlike the standard 10-year green card, the conditional green card is valid for only two years. It grants you the same rights to live and work in the U.S., but it serves as a temporary status. To transition to a permanent green card, you’ll need to file a petition within a specific timeframe to remove the conditions of your residency. This is especially important for those who obtained their conditional green card through marriage-based immigration, where proof of a bona fide marriage will likely be required after two years.
Conditional Green Cards through Marriage
If married to a U.S. citizen or green card holder for less than 2 years at the time of green card approval, the card is conditional for 2 years. This means you initially receive a conditional green card, which requires transitioning to permanent residence status. To remove conditions and obtain permanent residence status, file Form I-751, Petition to Remove Conditions on Residence, within 90 days before the card expires.
Conditional Green Cards through Investment (EB-5 Visa)
Investors who invest substantial capital in a U.S. business that creates jobs get a conditional green card for 2 years. To remove conditions, file Form I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status, within 90 days before the card expires.
When to Replace Your Green Card
If you possess an older noncitizen registration card, such as USCIS Form AR-3, Form AR-103, or Form I-151, you are required to replace it with a current Green Card.
Besides that, permanent residents must replace their Green Card if:
Replacement Process
To replace your Green Card, initiate the process through Form I-90, Application to Replace Permanent Resident Card, either online or by mail. When filing online, you can:
Section 264 of the Immigration and Nationality Act (INA) requires permanent residents to carry their green card always. This might seem inconvenient, but it’s important for two key reasons:
For over 20 years, Herman Legal Group has been dedicated to advocating for immigrants worldwide. Whether you’re seeking a green card or aiming to bring family members to the U.S., our team is here to listen, guide, and provide clear, straightforward advice.
With our deep expertise in immigration law, we can help you navigate the complexities of the process, saving you time and avoiding unnecessary costs. Our proven track record and recognition in national publications underscore our commitment to achieving results for our clients.
Ready to take the next step? Contact us today for a consultation and discover how Herman Legal Group can make your immigration journey smoother and more successful.
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Since January 2025, the Trump administration has issued over 50 executive orders, many targeting immigration. Some notable actions:
With policies changing so fast, journalists need practical tips to:
* Obtain Immigration Records from Government; and
* Do ethical and Thorough Reporting on a very complicated and sensitive subject.
Reporting on immigration requires sensitivity, accuracy and awareness of the risks to sources, especially the undocumented. Journalists play a critical role in telling immigrant stories responsibly and protecting vulnerable people from unintended consequences.
After practicing nearly ever facet of immigration law over 30 years, we’ve learned a thing or two on this topic. We believe this guide will help.
It’s important to remember that immigration is not just a hot issue in the U.S.; journalists around the world cover migration as a global story. Migration has been a global story for the past 10 years, since the refugee crisis when millions were forced to flee war and poverty. How the media reports migration shapes public opinion and policy. But ethical and responsible reporting on migration is a challenge in many parts of the world.
To address these challenges we have put together this article which includes best practice guidelines and resources to help journalists report migration accurately and humanely. This guide covers the key principles, best practices and resources for ethical migration reporting.
Reporting on immigration and deportation requires access to records from federal, state and private entities. Understanding the immigration system and its agencies is crucial to getting the right records quickly. This guide explains how journalists can access immigration records, the key agencies involved and resources to navigate the system.This article will help speed up newsgathering and provide reporters with the information they need when asking for information from federal, state and private entities involved in immigration enforcement.
The article explains the many moving parts of the immigration system so journalists can get the records they need for accurate reporting. It includes:
– Learn which federal and state agencies, including U.S. Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE) hold immigration records.
Tips on how to get information from private contractors that run detention centers for the government.
How to draft effective Freedom of Information Act (FOIA) requests to get quicker and more complete responses.
What to do if your request is denied or delayed and how to appeal rejections.
Information on legal protections for journalists covering immigration stories and how to respond to government pushback.
Journalists covering immigration stories often face significant legal challenges. Understanding the legal protections available, such as shield laws and the First Amendment, is crucial. These protections can help journalists resist subpoenas and protect their sources. Additionally, organizations like the Reporters Committee for Freedom of the Press offer resources and support for journalists facing legal threats. Journalists often need to interact with government officials to obtain accurate information and navigate legal challenges.
The U.S. immigration system is a vast network of government agencies, primarily under the U.S. Department of Homeland Security (DHS). Journalists seeking immigration and deportation records should be aware of the different agencies involved and direct requests to the right source.
For legal questions or FOIA assistance journalists can contact the Reporters Committee for Freedom of the Press (RCFP) Legal Hotline:
The EOIR, part of the U.S. Department of Justice, oversees immigration courts and case records. Journalists seeking records from immigration proceedings must file FOIA requests with EOIR.
Immigration detainees are often housed in facilities managed by Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP). Some detention facilities are privately owned and not subject to FOIA, but oversight and inspections by government agencies can be requested.
Media coverage can shape public perception, influence policy and impact the lives of migrants. A single image or broadcast can inspire compassion or incite hatred. The tragic photo of Alan Kurdi, the three-year-old Syrian refugee, mobilized international humanitarian efforts, while hate-filled broadcasts in Rwanda played a role in the 1994 genocide.
According to the World Migration Report 2018, media plays a crucial role in shaping migration narratives, affecting public opinion, influencing policymakers and even guiding migrants’ decisions. Given the complexity of migration issues, journalists must approach the topic with care, responsibility and integrity.
Reporting on immigration requires sensitivity, accuracy and a commitment to ethical journalism. By placing the humanity of immigrants at the forefront and using responsible language, journalists can contribute to a more informed and nuanced public dialogue. Here are key guidelines for reporting on immigration fairly and effectively
Here are guidelines for reporting on migration in a way that is accurate, ethical and human-rights-centered:
The language used in migration reporting matters. Misleading terms can perpetuate misconceptions and fuel discrimination.
Don’t use terms like “illegal immigrants” or “illegals” or “aliens” or undocumented aliens. These terms dehumanize individuals and assume guilt. The term ‘illegal immigrant’ should be avoided as it dehumanizes individuals and assumes guilt.
Alien – USCIS has phased out this term. Trump has brought it back
Use terms like “undocumented immigrant” or “unauthorized immigrant” “migrants” “Immigrant without legal status:“people without regular migration status.”
Language matters. Use accurate respectful terms for fair reporting.
Understanding terminology is vital for accuracy. Here are some key terms
Only mention a person’s immigration status when relevant to the story.
Consult theIOM Glossary on Migration for correct terminology.
Seek capacity-building opportunities and online workshops to deepen your understanding of migration issues.
Example: Instead of saying “illegal border crossing,” describe it as “entering the U.S. without legal authorization.”
Migration reporting should reflect complexity rather than simplistic narratives.
Avoid dehumanizing language and metaphors that frame migration as a natural disaster or an invasion.
Journalists must not amplify xenophobic narratives.
* Don’t highlight a suspect’s ethnicity or immigration status unless relevant to the story.
Accurate reporting requires diverse perspectives.
Migration is a global issue, not just a national one.
Verify information: Misinformation on immigration is rampant; fact-check before publication.
Factual reporting combats misinformation and xenophobia.
Best Practices for Reporting on Immigrant Communities
To uphold ethical journalism while protecting sources, consider these key recommendations:
✔️ Use a Hierarchy of Attribution
✔️ Implement Secure Communication Methods
✔️ Educate Sources on Potential Risks
✔️ Understand Legal and Ethical Implications
Many immigrants fear legal repercussions; be mindful of revealing identities.
Many immigrants, especially those fleeing persecution, may not want to disclose their full names due to fears of deportation, legal consequences or personal trauma. Here’s how journalists can ethically and effectively quote anonymous sources:
Photographs and videos can add powerful storytelling elements, but they also present risks. Journalists should:
To protect identities while still telling the story, consider:
Many immigrant communities rely on non-English language sources. Translating content helps newsrooms reach wider audiences.
Best Practices for Translation:
For more insights, refer to the Institute for Nonprofit News.
Visual storytelling plays a major role in migration reporting. The EJN’s Refugee Images – Ethics in the Picture report highlights:
Journalists play a crucial role in shaping public discourse on immigration, and self-awareness of unintended personal bias can help foster more responsible reporting.
Best Practices:
Community Engagement: Participate in discussions with immigration advocates, policymakers, and affected individuals to better understand the nuances of immigration enforcement
Journalist Maria Hinojosa sums up the journalist’s responsibility best:
“My role as a journalist is to get the story in their voice. And to do no harm.”
By prioritizing ethical storytelling, journalists can uphold the integrity of their profession while protecting the individuals who trust them to share their stories.
Human trafficking is closely linked to migration. In terms of journalistic coversage, experts emphasize the following best practices:
Migrant deaths are part of the tragic story of immigration. The following are key recommendations in addressing the ethical challenges of reporting migrant deaths:
Journalists play a crucial role in shaping the narrative around immigration. However, their reporting can have unintended consequences for the individuals they interview—especially undocumented immigrants.
In 2004, veteran journalist Maria Hinojosa produced Immigrant Nation, Divided Country, a CNN documentary featuring Rosa, an undocumented immigrant from Mexico. Although Rosa’s identity and whereabouts were obscured, a small oversight—a visible license plate in a background shot—allowed immigration agents to track her down, leading to her arrest alongside her family.
This incident serves as a stark reminder that even the smallest details can put sources at risk. It underscores the need for heightened diligence when reporting on undocumented communities.
Under different U.S. administrations, immigration policies and enforcement priorities have shifted, yet risks for undocumented immigrants remain high. During the Trump presidency, anti-immigrant rhetoric and aggressive enforcement heightened the dangers, making sources more reluctant to speak on record. While the Biden administration has adjusted some policies, many Trump-era rules still affect immigrants today.
For example, migrants at the border, asylum seekers, and individuals under Deferred Action for Childhood Arrivals (DACA) still face significant legal uncertainty. The ongoing political polarization around immigration means that journalists must remain vigilant about the risks their sources face.
In 2018, New York Times journalist Miriam Jordan reported that undocumented workers, including Victorina Morales, had been employed at former President Donald Trump’s golf club in Bedminster, New Jersey. Morales agreed to be identified by her full name and be photographed, despite the risks. Her decision was rare, as most undocumented workers fear job loss or deportation.
After the article was published, Morales applied for asylum and received a work permit. However, her case was eventually referred to a court for removal proceedings. This case illustrates both the power of investigative journalism and the real-life consequences for sources who go public.
Journalists should approach stories involving undocumented immigrants with empathy and awareness of potential trauma. Journalists should
Reporting on immigration enforcement actions demands a balanced approach that combines accuracy, ethical considerations, and a deep understanding of the affected communities. This guide offers detailed best practices to assist journalists in covering these sensitive events responsibly. Impactful reporting on immigration raids ensures that the voices of affected individuals are heard and that the broader narrative is informed by accurate and ethical journalism.
Why It Matters:
In the rapidly evolving context of immigration raids, unverified information can lead to widespread panic and misinformation.
Why It Matters:
Journalists must be aware of legal boundaries and prioritize safety while covering enforcement actions.
Best Practices:
Why It Matters:
Providing resources can help affected individuals and families find legal assistance, emotional support, and reliable information.
Best Practices:
The U.S. Bureau of Labor Statistics (BLS) defines foreign-born workers as people living in the U.S. who were not U.S. citizens at birth. This includes legal immigrants, temporary workers, students, refugees, naturalized citizens and undocumented workers. Native-born workers are those born in the U.S. or abroad to at least one U.S. citizen parent. Note that people born in American Samoa are U.S. nationals and can live and work in the U.S. but are not citizens and are counted as foreign-born in BLS data.
U.S. Bureau of Labor Statistics: Foreign-Born Workers
As of January 2025, foreign-born workers make up 20% of the U.S. labor force, 33 million out of 170 million workers. This is up from 2007 when foreign-born workers were 15.6% of the labor force.
Bureau of Labor Statistics: Labor Force Participation by Nativity
Non-citizens working in the U.S. legally must have visas issued by U.S. Citizenship and Immigration Services (USCIS), usually sponsored by employers. Visas are either immigrant (permanent) or non-immigrant (temporary).
These temporary visas have varying lengths of stay from several weeks to years depending on the job. Extensions are possible but there’s often a maximum stay limit after which the worker must go back to their home country. In fiscal year 2023, about 1.45% of non-immigrant visa holders or 565,000 individuals overstayed their authorized period.
For individuals intending to live permanently in the U.S., granting lawful permanent resident status (green card holders). 1 million foreign nationals were granted lawful permanent resident status annually from 2014 to 2023.
Foreign-born workers are essential in U.S. industries. In 2023, they were most prevalent in:
Native-born workers are more represented in management, professional, and related occupations, especially healthcare and law.
Research on unauthorized immigrants’ impact on native-born employment has varying results. A 2019 study in The Review of Regional Studies analyzed state-level data from 1994 to 2009 and found that increases in immigrant populations might slightly reduce labor force participation among low-skill native-born workers. But the effect was small, meaning unauthorized immigrants have a minimal impact on native-born employment opportunities.
A November 2017 study in Regional Science and Urban Economics found that unauthorized workers contribute 3% to U.S. GDP annually, which is about $6 trillion over a decade. Removing all unauthorized workers would result in significant economic losses, particularly in manufacturing, retail, finance, and hospitality.
Migration Policy Institute: Unauthorized Immigrant Workforce
A: U.S. immigration law generally recognizes the following categories:
A: Refugees apply for protection from outside the U.S. and undergo security screening before arrival. Asylum seekers apply for protection once they are in the U.S. or at a port of entry.
A:
A: Deferred Action for Childhood Arrivals (DACA) provides work permits and protection from deportation but does not provide a path to citizenship. As of recent court rulings, new applications are not being accepted, but renewals continue.
A:
A: Sanctuary cities limit cooperation between local law enforcement and federal immigration authorities, often by refusing to honor ICE detainers.
A: Title 42 was a COVID-19-era policy that allowed border authorities to expel migrants quickly for public health reasons. Title 8 refers to standard immigration law procedures, including asylum processing and deportation.
A: CBP One is a mobile app used to schedule appointments for asylum seekers at ports of entry to manage border crossings more orderly.
A: The backlog exceeds 2 million cases, leading to years-long wait times for asylum and deportation cases.
A: Facilities range from private detention centers to county jails. Conditions vary, and overcrowding has been a persistent issue.
A: They work in key industries (agriculture, construction, hospitality), pay taxes, and contribute to Social Security, often without benefits.
A: An online system for employers to check a worker’s legal immigration status. It is required in some states but voluntary in others.
A: Climate disasters are displacing people, particularly in Central America, increasing asylum claims. The U.S. has not yet created a formal “climate refugee” policy.
A: The term refers to unaccompanied migrant minors who disappear from government records or are trafficked into labor.
A:
A:
A:
A:
By using precise language, centering human experiences, and providing informed context,
Media professionals have a duty to inform, not inflame. Ethical reporting on migration can challenge harmful stereotypes, provide deeper understanding, and advocate for human dignity. Journalists can shape a more accurate and fair conversation on immigration. Thoughtful reporting can counter misinformation, challenge stereotypes, and contribute to a more empathetic public discourse.
Responsible immigration reporting requires ethical sensitivity, careful language choices, and a commitment to protecting sources.
Navigating the U.S. immigration system to obtain accurate records requires knowledge of FOIA processes and the agencies involved. Journalists must be prepared to submit detailed FOIA requests, understand privacy restrictions, and explore legal avenues when necessary. By leveraging available resources, journalists can enhance transparency and accountability in immigration reporting.
By following these recommendations, journalists can contribute to a more balanced, humane, and fact-based migration narrative.
Contact Attorney Richard Herman at richardtmherman@gmail.com
Here are some valuable tools for journalists covering migration:
Investigative Reporting Resources
AP Style Guide for Immigration Reporting
To maintain journalistic integrity, adhere to the Associated Press (AP) style guide:
Additional Resources
The E-2 Treaty Investor Visa allows citizens of certain countries to live and work in the US through investment in a US business. Investors, executives, managers or essential employees of foreign owned companies can apply for this visa. It’s a great option for those who want to invest big in the US but it has its own requirements and considerations.
The business must be a legitimate, bona fide enterprise actively engaged in the production of goods or services for profit. Additionally, the business must be an investment enterprise capable of generating sufficient income to support the investor and their family.
Allowing citizens of treaty countries to live and work in the US by investing big time in a US business this visa can also be used by family members.
As of December 23, 2022, the eligibility criteria has expanded under the recent amendments to Section 101(a)(15)(E) of the Immigration and Nationality Act (INA) which now includes additional documentation requirements for those who acquired nationality in their treaty country through financial investments.
Still the E-2 visa is a flexible but complex way to invest and work in the US. Whether you’re an investor looking to start a new business, a qualifying employee or a family member of an E-2 visa holder, this guide will give you a clear understanding of the requirements, responsibilities and benefits of the E-2 Treaty Investor Visa.
For more details or specific questions, check with the embassy or consulate in your home country as local rules may vary.
E-2 Visa is for qualiifed foreign investors who investing in a US-based business.
E-2 Visa has many benefits that makes it a great option for investors and entrepreneurs:
The E-2 visa allows individuals to live and work in the US by investing in a US business. The visa duration varies (3 months to 5 years depending on the country of origin) but can be extended indefinitely as long as the business is operational and the investor meets the eligibility requirements.
Only citizens of treaty countries are eligible for E-2 visa.
To qualify for an E-2, applicants must meet educational, nationality and residency requirements.
Applicants must be citizens of a treaty country. Over 80 countries qualify, check the Department of State’s website for further information on the list.
Applicants must show intent to leave the US when their E-2 status ends. A simple signed statement of intent to return is enough. Maintaining a valid visa is crucial for re-entry into the US and extending authorized stay.
The E-2 visa requires an “investment” in a US business. This means:
Investors must actively manage or have a significant role in the business. This means either:
The business must be real, operational and capable of growth, not a marginal enterprise (i.e. generating enough income for the investor and family, not just minimal income).
Investors must show the funds are from a legitimate source with documentation tracing the origin of the investment money. Funds must come from lawful sources such as personal savings, property sales or unsecured loans.
| Qualifies | Does Not Qualify |
|---|---|
| Investment in an active business | Ownership of undeveloped land |
| Committed, at-risk funds | Uncommitted bank funds |
| Significant contribution to business success | Speculative investments with no active involvement |
| Key managerial role in business | Passive role in an unstructured business |
Individuals applying for E-2 visa after December 23, 2022 must meet the nationality requirements if they acquired their treaty country nationality through investment.
The invested funds must be at risk and already committed to the business.
Employees of E-2 investors may qualify if they meet nationality and role-based requirements.
Employees can also qualify for E-2 if they work in an E-2 business. Eligible employee categories are:
Employees must be of the same nationality as the primary treaty investor or the treaty organization.
Employees must be in a role of an executive or supervisory nature, or have specialized skills essential to the business. Examples could be:
Specialized Skills: Skills or expertise that are critical to the business, such as niche technical skills or proprietary knowledge that is not available in the US labor market. While knowledge of a foreign language and culture is beneficial, it is not sufficient by itself to meet the special qualifications necessary for an employee’s services to be deemed essential for the efficient operation of a treaty enterprise.
When applying for an E-2 visa for essential employees, it’s important to understand what qualifies as specialized skills and how to show that an employee is “essential” to the business. According to US immigration law (9 FAM 402.9-7(C)), an essential employee must have specialized skills necessary to the successful operation of the enterprise. Here, we will cover what are specialized skills and how essentiality is determined.
Essentiality is not based on a strict set of rules. Each case is evaluated individually, considering the business needs and the applicant’s skills.
Employees of the treaty investor may also qualify for E-2 visas if they share the same nationality as the principal investor.
Business Needs: Essentiality is tied to the business’s operations and how the employee’s skills are crucial to the business.
Case-by-Case: Each application is reviewed on a case by case basis, no standard applies.
To be considered essential, the employee’s skills must be specialized and not readily available in the US workforce. The applicant should show expertise in these skills and explain why they are critical to the business.
Start-Ups and Training Needs: Skilled employees may be essential for start-ups or early stage businesses as they need to train US based employees or establish new operational standards.
Familiarity with Overseas Operations: Employees familiar with the business’s overseas operations may qualify even if their skills are not unique as their knowledge of international procedures is critical during the initial setup phase in the US.
A common myth is that an essential employee must have worked for the E-2 business before. In reality essentiality is based on the business’s need for the employee’s specialized skills not prior employment. The focus is on what the applicant brings to the business in terms of expertise and knowledge.
New Hires as Essential Employees: New employees may still qualify as essential if their skills meet the business needs.
Skill-Specific Requirement: What the business needs is the skillset not the applicant’s prior employment with the company.
The business must determine how long the employee’s skills will be essential. Some skills may be needed long term, others may be needed short term, such as during the setup phase.
Long Term: If the skill is critical to the business’s ongoing operations the employee may be essential for a longer period.
Short Term Skills Requirement: For start-ups or expansion into the US, specialized skills may only be needed for a specific period and then US based employees can take over.
Qualifying businesses are diverse and emphasize the importance of business investment as a critical criterion for obtaining an E-2 visa:
One of the most important aspects of the E-2 visa is the requirement for a “substantial” investment. While the amount varies depending on the business, rarely discussed is how to structure this investment to meet the visa’s “at-risk” requirement while minimizing personal financial exposure.
E-2 visa holders are subject to US tax laws and structuring finances with tax in mind can make a big difference in long term financial health.
Choosing the right business is key to a smooth visa application process and long term success.
Here we will break down three E-2 requirements related to the business and give you tips on business types to consider—and avoid—based on these requirements.
To qualify for the E-2 Visa, applicants must make a “substantial” investment in a US business. While the regulations don’t specify an exact amount, $100,000 or more is often recommended to make your case stronger.
For the investment to be considered “at-risk” funds must be actively spent on the business before applying for the visa. Just holding money in a business account is not enough; funds must be committed to assets or expenses necessary to run the business.
Service based startups like consulting firms have low setup costs. With minimal expenses like office leases, furniture and equipment these businesses may struggle to meet the substantial investment and at-risk requirements of the E-2 Visa.
Alternative: If you want a service based business consider buying an existing business valued at over $100,000. By buying an existing business you can meet both the substantial investment and at-risk requirements more easily.
High Startup Cost Businesses: Businesses that require significant startup capital like those involving inventory, specialized equipment or technology are better suited for the E-2 Visa. By buying costly inventory or equipment you can show a substantial at-risk investment.
Existing Businesses: Buying an existing business gives you an added advantage as it already has an operating structure, potentially higher costs and established revenue which can strengthen your case.
When applying for an E-2 visa investors must show that their investment funds come from a lawful and verifiable source. This requires specific documentation to show a clear trail of where the funds came from and how they were transferred to the US. Here’s a guide to the types of evidence needed and tips to meet this requirement.
To prove the legitimacy of the investment funds E-2 visa applicants should provide detailed documentation of the origin, transfer and current location of the money. Below are the main forms of evidence that may be required:
1. Personal Documents
2. Bank Transfer and Transaction Records
3. Loan Agreements
4. Inheritance or Probate Documents
5. Gift Funds
The key to meeting the E-2 visa source of funds requirement is to show a clear paper trail of where the investment came from, who earned it and how it got to the US. This involves compiling a series of documents that link each stage of the funds journey.
The E-2 visa requires the business to be active and for-profit. Passive investments (e.g. residential real estate or shares in a business with no direct involvement) are not eligible. Treaty investors must ensure their business is active and for-profit to meet E-2 visa requirements.
An active, for-profit business means regular operations, sales and a clear revenue model. It could be businesses that sell products, offer services or conduct commercial activities that engage customers and clients directly.
Non-Profits: Charities and non-profit organizations do not meet E-2 requirements as they don’t have a for-profit mandate.
Passive Investments: Investments in real estate or other assets without active management are generally not allowed. Real estate development or property management companies may qualify if the investor is actively involved in operations and revenue generation.
Retail or Franchise: These often involve direct customer interaction and tangible sales which fit the active for-profit model.
Online E-commerce: An online store that manages products and customer orders can be active if it involves significant operational responsibilities.
The E-2 business cannot be a “marginal enterprise” meaning it should have the ability to generate income beyond just providing a minimal living for the investor and their family. Marginal businesses which may struggle to meet these standards often have limited growth potential or low revenue projections. Maintaining treaty investor status requires the business to generate sufficient income and contribute to the US economy.
To not be classified as marginal the business should demonstrate either:
Income Generation Potential: Show the business will generate enough income to cover the investor’s and their family’s living expenses.
Economic Contribution: Hiring employees or showing a need to hire in the future can show the business contributes to the US economy.
Low earning businesses or ventures with limited growth potential may not meet the non-marginality requirement. For example businesses with low projected earnings or minimal operational scale are at risk of being marginal.
Franchises or Small Businesses with Expansion Plans: Franchises are often considered favorable since they have a proven business model and growth potential. They may also require more employees over time which can show a real economic impact.
Businesses in Growing Industries: Consider industries with high demand such as technology, health and wellness services or food and beverage. These industries often have strong growth potential and can more easily show profitability.
To increase E-2 Visa chances consider a business that has:
High Startup Costs or Purchase Price over $100,000: This ensures you meet the substantial investment requirement.
Active, For-Profit Model: The business should sell products or services and generate revenue.
High Profit Potential and Need for Employees: This can avoid marginal enterprise classification and show the business will provide for more than one person with minimal income and economic contribution.
The E-2 visa offers many opportunities for dependents, especially in education and career development that are often overlooked.
E-2 businesses must not be marginal meaning they must generate more than minimal income. However there are ways to meet this requirement that go beyond financial projections.
One little known benefit of the E-2 visa is that investors and essential employees can technically reset their 2 year stay by re-entering the US without filing for an extension.
Building credit can be a big advantage for E-2 visa holders who want to expand their business or make personal investments.
While the E-2 visa is nonimmigrant, there are alternative legal ways for some investors to transition to permanent residency.
Processing times and steps vary depending on whether you apply in the US or at a US Consulate abroad.
|
Year |
Approvals |
Refusals |
| 2018 | 41,181 | 13,489 |
| 2019 | 43,286 | 5,115 |
| 2020 | 26,759 | 3,266 |
| 2021 | 33,129 | 2,683 |
| 2022 | 45,878 | 4,823 |
| 2023 | 54,812 | 5,615 |
If you are considering the E-2 visa to live and work in the US, you should know that processing times vary depending on where you apply. If you are in the US you can apply for a change of status directly with USCIS, if you are outside the US you need to apply at a consulate or embassy. Here’s a guide to processing times, forms and steps for both scenarios and tips for extensions.
If you are already in the US in a lawful nonimmigrant status you can apply for a change of status to E-2 without leaving the country.
It’s important to understand the difference between E-2 status via change of status and E-2 visa.
If you are applying from outside the US your E-2 visa application will be processed by a US embassy or consulate.
E-2 visa holders and their dependents must extend their status every two years to remain in the US. There is no limit to the number of extensions as long as the business is operational and meets E-2 requirements.
Whether you apply in the US or outside the US, knowing the requirements and timelines will help make the process easier for you. For complex cases working with an immigration attorney can help you and make the process even smoother.
The E-2 Visa cost includes the investment and several application fees. Here is a breakdown of the main costs:
Note: Some Consulates may require additional biometrics or reciprocity fees based on nationality.
Each US consulate has its own processing times and procedures so it is recommended to apply at the consulate in the applicant’s permanent country of residence.
For more information consult with our legal advisors who are familiar with US immigration and business laws.
The issue of dual nationality and US immigration, especially E-2 visas has been addressed by key court decisions. Immigration adjudicators generally allow dual nationals to use only one nationality for US immigration purposes. This article reviews two important cases, Matter of Ognibene and Matter of Damioli and their implications for E-2 visa applications.
In 1983 the Board of Immigration Appeals (BIA) ruled in Matter of Ognibene that a dual national who entered the US on one nationality cannot later switch to the other nationality for immigration benefits, including E-2 status. Here’s a summary of the case and its impact on E-2 visa applications.
The 1980 case Matter of Damioli dealt with a different aspect of dual nationality: can a dual US-Italian national confer Italian nationality on her business to qualify as an E-2 treaty investor employer.
Dual nationals applying for E-2 status should be aware of these cases and their implications for immigration purposes. Here’s what to consider:
The decisions in Matter of Ognibene and Matter of Damioli make it clear that dual nationals cannot switch nationalities for immigration benefits once in the US. Dual nationals applying for E-2 status should consult with an immigration attorney to understand how these rules impact their e status and case.
For dual nationals applying for E-2 visas, planning and awareness of these cases is key to avoid eligibility issues and a smooth process.
The E-2 visa allows an initial 2 year stay with unlimited 2 year extensions. Regular travel outside the US may grant additional entry permissions upon return.
For more info and customized guidance on your E-2 process consult with immigration experts to increase your chances of success and smooth out the process.
E-2 visa holders can stay for a maximum of 2 years initially. Extensions can be granted in 2 year increments with no limit as long as the business remains operational and the investor intends to leave the US when status expires.
E-2 visa holders can only work for the business or activity for which the visa was approved. Any major change such as a merger or sale requires notification and approval from USCIS.
New applicants and renewals follow the same process. The Interview Waiver Program (IWP) may allow eligible applicants to renew without an interview. Check local embassy for eligibility.
Providing false information in your application may bar you from getting a US visa or entering the US for life. Review Ineligibilities and Waivers for more info.
In case of denial you will be informed of the grounds of ineligibility. Some applications may require additional administrative processing after the interview which will extend the processing time.
E-2 visa holders are generally limited to working only for the business for which the visa was approved. However there are a few limited exceptions to this rule and options for E-2 dependent spouses. Here’s when and how an E-2 visa holder can work for another company and the conditions to consider.
The principal E-2 visa holder—whether an investor or employee—can only work for the E-2 business that was approved in the visa application. This means they can only work in the same role, duties and business activities listed in the application. Any unapproved changes will be a violation of E-2 status.
A well-known case, Matter of Laigo, illustrates this. An E-2 visa holder who operated a business for a Philippine Cultural and Trade Center violated her E-2 status by working for another company selling cemetery plots for commissions. This additional work was not related to her E-2 status so she was out of status.
An E-2 employee can work for other companies if they are subsidiaries of the approved E-2 business. Here are the conditions:
If these conditions are met and presented at the time of the E-2 visa approval, work within subsidiaries will not be a violation as it’s considered an extension of the approved E-2 employment.
In some cases an E-2 visa holder can work indirectly for other companies through a contractual arrangement. Here’s how:
This option gives some flexibility as long as the E-2 company is the one offering services through an official contract and not the E-2 visa holder working for another company.
Unlike principal E-2 visa holders, dependent spouses of E-2 visa holders have complete freedom to work for any US or foreign employer, full-time or part-time. They can also be self-employed if they want to. This is exclusive to spouses and not to the primary E-2 investor or employee.
E-2 visa holders considering work outside their approved business should be extremely careful. Unauthorized changes of employment can lead to violations that can put the holder’s status at risk. If in doubt, consult an immigration attorney.
When Seeking Additional Employment:
Spouses and children of E-2 visa holders can accompany them to the US and get E-2 dependent status. Family members can stay as long as the principal E-2 visa holder is in status.
Spouses of E-2 holders have automatic work authorization and can work for any employer. Proof of work authorization includes:
Children under 21 can attend school or college in the US, but not work.
For Canadian or Mexican E-2 visa holders, a strike or labor dispute at their intended workplace can affect their ability to enter or stay in the US. E-2 holders should be aware of these situations as they may need to update their status or visa approval.
New E-2 applicants must plan their business carefully to avoid the marginality threshold. For new ventures, a solid business plan with realistic financial projections is key to showing the business can grow and contribute to the US economy.
Documents required for the E-2 application will vary depending on your situation. Here’s the essential list:
E-2 visa is a nonimmigrant visa and does not lead to a green card directly. However, there are several ways to transition to permanent residency.
E-2 visa does not lead to a green card directly; however, there are pathways through employment-based or family-based green cards. Remember E-2 visa requires nonimmigrant intent so green card application is more complex.
Yes, spouses of E-2 visa holders can work under E-2S status without need for separate work authorization. Dependents must remain unmarried and under 21.
No additional work permit is required; E-2 visa provides direct authorization to work within the invested business only.
If you have any criminal or medical history, you must disclose this in your application and provide supporting documents (e.g. CRB checks or medical letters). Transparency is key to avoid delays or denial of your visa application.
No. Temporary degree or letter of graduation is not accepted. Only a fully conferred bachelor’s degree from an accredited institution will be accepted.
Visa fees vary by nationality. Check the consulate’s visa fee page for the latest information.
If an interview is required, consulates will notify you. Do not book non-essential travel until you receive your passport and visa.
E-2 visa does not allow dual intent but holders can adjust status to an immigrant visa, such as EB-5 investment visa or family sponsorship.
Inverted Sliding Scale means the smaller the business’s total cost, the higher the percentage of the investor’s investment must be. This ensures the investment is substantial relative to the business’s size.
Visa allows for indefinite extensions but the holder must maintain nonimmigrant intent and a plan to return to home country after the business ends.
Foreign Affairs Manual states that selling a foreign residence or moving belongings to the US does not disqualify the applicant as long as they express intent to leave upon visa expiration.
Yes, but at least 50% of the foreign company must be owned by nationals of a treaty country.
Not required but hiring US employees will strengthen your case as it will show that your business is not marginal and has economic impact.
Your investment must be irrevocably committed to the business meaning it can be partial or total loss. Funds held in a bank account do not qualify as at-risk investment.
A marginal business is one that does not generate enough income to support the investor and their family or contribute significantly to the US economy.
No, you can only work for the business you established or were hired by under the E-2 visa. However, E-2 employees can work for a subsidiary of the parent company if the relationship was established during the application.
Yes, but the loan must be secured by personal assets not the business itself.
Yes, franchises are a popular choice for E-2 visas because they provide a proven business model and brand recognition.
Yes, but you must leave the US or apply for another visa status once the business is sold.
If your business closes, you will lose your E-2 status unless you acquire another qualifying business or change to another visa status.
Yes, but the original investment must meet the substantiality requirement and additional investments must not detract from the operation of the primary E-2 business.
E-2 visa holders are generally subject to US tax laws, including taxes on income earned in the US. Consult a tax professional for specific advice.
Major changes to your business may require an amendment with USCIS or reapply for a new E-2 visa.
If eligible for TPS due to conditions in your home country, it may affect your E-2 status. Consult an immigration attorney.
E-2 visa is a great option for foreign investors and entrepreneurs to grow a business in the US. It offers flexibility, benefits for family members and can be renewed indefinitely. But transitioning from E-2 to green card requires careful planning and strategy, best handled with professional legal help.
Now that you know the E-2 requirements, application process and green card options, E-2 visa holders can make informed decisions on their US investment and long term residency if desired.
Let us put our skills to work for you. We can analyze your case, identify the available options, and help you decide the safest, most cost-effective and quickest route to success.
The EB-2 visa is a highly sought-after employment-based pathway for individuals with advanced degrees or exceptional abilities in their fields. Within this category, the National Interest Waiver (NIW) offers a unique opportunity to bypass the usual job offer and labor certification requirements, allowing applicants to self-petition. This guide provides a detailed breakdown of the EB-2 NIW process, eligibility, and application requirements, while offering new insights and tips to make your case stronger.
The EB-2 visa classification caters to two main subcategories of applicants:
1. Advanced Degree Holders
2. Individuals with Exceptional Ability
Both require that your work aligns with U.S. national interests or fulfills a labor demand. Here’s a closer look at these subcategories:
Applicants in this category must hold a U.S. advanced degree (master’s or doctorate) or a foreign equivalent degree, which can fulfill the educational qualifications for the EB-2 NIW visa. Alternatively, a bachelor’s degree plus five years of progressive work experience in the field is also considered equivalent.
This category is for individuals with expertise that significantly exceeds what is ordinarily encountered in their field, such as sciences, arts, or business.
In most EB-2 cases, the employer must secure a Labor Certification from the Department of Labor (DOL). This certification confirms that no qualified U.S. workers are available for the role and that employing a foreign worker won’t negatively impact wages or working conditions for U.S. workers.
With the NIW, applicants can bypass the labor certification requirement by demonstrating that waiving it serves U.S. national interests. This self-petition option eliminates the need for an employer altogether.
The NIW is designed for professionals whose work benefits the United States significantly. Applicants must meet a three-prong test established by USCIS to qualify.
o The proposed work must have significant potential benefits to U.S. interests, such as economic growth, education, health, technology, or societal welfare.
o The endeavor doesn’t need nationwide impact—it can have localized importance, such as job creation in an underserved region.
o The work should address national challenges in fields like technology, healthcare, or environmental conservation.
o Examples: Developing renewable energy technologies, advancing public health solutions, or innovating in STEM education.
2. Well-Positioned to Advance the Endeavor:
o Provide evidence of your expertise, past achievements, and a clear plan to continue impactful work in the U.S.
o Supporting evidence: Publications, patents, professional endorsements, or leadership roles in your field.
3. On-Balance Benefit to the U.S.:
o Show that waiving the job offer and labor certification requirement will benefit the U.S. more than adhering to it.
o Example: Demonstrating how your work addresses urgent needs or fills gaps in critical industries.
Your spouse may apply for admission under E-21 status.
Unmarried children under 21 can apply under E-22 status.
Family members are eligible for green cards, allowing them to live, work, and study in the U.S.
While the eligibility criteria may seem daunting, securing an EB-2 NIW can be easier than you think. U.S. Citizenship and Immigration Services (USCIS) judges applications on a case-by-case basis, allowing applicants to present evidence tailored to their unique qualifications.
How to Apply for the EB-2 NIW Visa
1. File Form I-140
2. Include Supporting Documents
3. Pay Filing Fees
4. Submit the Application
5. Track Your Case
How to Apply for EB-2 National Interest Waiver (NIW)
Applying for the EB-2 NIW involves several critical steps, including eligibility evaluation, preparation of supporting documents, form submission, and navigating USCIS adjudication. Below is a detailed guide to the application process, including forms, fees, timelines, and tips for success.
Step 1: Determine Eligibility
To qualify for the EB-2 NIW, you must meet one of the following criteria:
Additionally, your case must satisfy the three-prong test established in Matter of Dhanasar:
1. Your proposed endeavor must have substantial merit and national importance.
2. You must be well-positioned to advance the endeavor.
3. Waiving labor certification must benefit the U.S.
Step 2: Gather Supporting Documents
A robust set of supporting documents strengthens your case. Include:
1. Personal and Professional Evidence:
o Copies of academic degrees and transcripts.
o Work experience letters detailing roles and responsibilities.
o Documentation of licenses or certifications.
2. Exceptional Ability Evidence (if applicable):
o Proof of awards, memberships, publications, or high salaries.
3. Evidence of National Interest:
o Research publications, patents, or endorsements demonstrating your work’s significance.
o Recommendation letters from independent experts and organizations in your field.
4. Petition Letter:
o A detailed statement explaining how your work satisfies the Matter of Dhanasar test.
5. Family Documents (if applying for dependents):
o Birth certificates and marriage certificates to prove eligibility of spouse and children under 21.
EB2 NIW Application Package and Forms to be Completed
Applying for an EB-2 National Interest Waiver (NIW) involves a series of forms and associated fees, which vary depending on individual circumstances and filing timelines. Below is a comprehensive guide outlining the necessary forms, their purposes, and the relevant fees, including recent updates from U.S. Citizenship and Immigration Services (USCIS).
Initial Petition Submission
Form I-140: Immigrant Petition for Alien Workers
Purpose: To petition for classification as an immigrant worker under the EB-2 NIW category.
Filing Fee: $715.
Asylum Program Fee:
§ Regular Petitioners: $600.
§ Nonprofit Organizations: $0.
§ Small Employers (25 or fewer full-time employees): $300.
§ Individual Self-Petitioners: $300.
Total Fee: Varies based on petitioner category; for example, a regular petitioner would pay $1,315 ($715 filing fee + $600 Asylum Program Fee) or 1015 ($715 filing fee + $300 Asylum Program Fee)
Form I-907: Request for Premium Processing Service (Optional)
o Purpose: To expedite the processing of Form I-140.
o Filing Fee: $2,805.
Note: Ensure payment is accurate and aligns with USCIS requirements. Payments can be made via check, money order, or Form G-1450 (credit card authorization) and it the card or check should be issued by a U.S bank.
Checklist of Required Documents for Form I-140
1. Immigration Forms
2. Filing Fees
3. Previous Immigration Documents (if applicable)
4. Identity Documents
5. Education and Credentials
6. Advanced Degree or Exceptional Ability Evidence
Provide one of the following:
7. Substantial Merit and National Importance
8. Applicant’s Ability to Advance the Endeavor
9. Benefit to the U.S.
10. Evidence of Ongoing Work in the Same Field
11. Documents for Dependents (if applicable)
Payment Methods:
Choose one of several methods of payment:
A check or money order:
Form G-1450, Authorization for Credit Card Transactions:
How to Pay USCIS Fees with a Credit Card by Mail
Paying USCIS filing fees and biometric service fees using a credit card is a convenient option for many applicants. This method is straightforward and requires careful adherence to USCIS guidelines. Below is a comprehensive guide to help you understand and successfully process your credit card payment when filing by mail.
Who Can Use This Option?
Accepted Credit Cards
USCIS accepts the following major credit cards:
Important Note:
How to Pay with a Credit Card
To pay your USCIS fees with a credit card, follow these simple steps:
1. Complete Form G-1450
o Use Form G-1450, Authorization for Credit Card Transactions to authorize the payment.
o Fill in all required fields accurately, including your credit card information and signature.
o Double-check that the cardholder’s name matches the name on the card.
2. Submit with Your Application
o Place Form G-1450 on top of your application, petition, or request.
o Bundle it securely with your filing materials to prevent loss or misplacement.
What Happens Next?
Key Advantages of Paying by Credit Card
Tips for a Successful Credit Card Payment
How to Build a Strong EB-2 NIW Petition: Writing an Effective Cover Letter
The EB-2 National Interest Waiver (NIW) petition is far more than submitting Form I-140 along with supporting documents. The cornerstone of a successful petition is a compelling cover letter that effectively narrates your qualifications, achievements, and how they align with the national interest waiver criteria. Since the adjudicating officer may lack in-depth knowledge of your field, your narrative must be clear, persuasive, and comprehensive.
This guide will help you craft an outstanding EB-2 NIW cover letter while addressing the three prongs set forth in the Matter of Dhanasar decision, which USCIS uses to evaluate NIW applications.
Key Elements of a Strong Cover Letter
1. Substantial Merit and National Importance
2. Well-Positioned to Advance the Endeavor
3. On Balance, Beneficial to Waive Job Offer and Labor Certification Requirements
Prong 1: Substantial Merit and National Importance
The first prong focuses on the value of your proposed endeavor and its significance to the United States. Here’s how to craft a compelling argument:
Describe Your Proposed Endeavor
Establish Substantial Merit
Demonstrate National Importance
Prong 2: Well-Positioned to Advance the Proposed Endeavor
The second prong assesses your personal qualifications and ability to succeed in your proposed endeavor.
Highlight Your Credentials
Showcase a Clear Plan for Success
Evidence of Support and Recognition
Avoid Unsubstantiated Claims
Prong 3: Beneficial to Waive Job Offer and Labor Certification Requirements
The third prong balances the need for the national interest waiver against the typical labor certification process.
Emphasize Public Benefit
Prove No Harm to U.S. Labor Market
Highlight Precedent Success
General Tips for Crafting Your Petition
Your EB-2 NIW cover letter serves as the backbone of your petition, weaving together your qualifications, achievements, and evidence into a compelling argument. By addressing each prong with precision and clarity, and presenting yourself as an asset to the United States, you can significantly enhance your chances of success.
Step-by-Step Instructions for Completing Form I-140
1. Ensure You Use the Latest Edition
Download the current Form I-140 from the USCIS website: https://www.uscis.gov/forms/all-forms. Outdated versions will be rejected.
2. Accurate and Complete Information
o Fill out all sections. Use “N/A” for non-applicable fields.
o Provide full names and addresses as per official documents.
3. Address and Contact Information
o Include a reliable U.S. mailing address for receiving USCIS correspondence.
4. Petition Type
o For EB-2 NIW, select Box 1.h.
5. Signature
o Sign the form in ink. Stamped or electronic signatures are not accepted.
Processing Times for Form I-140
Tip: Use the USCIS Case Processing Times tool to monitor your application’s progress.
Filing the Form
Additional Resources for EB-2 NIW Applicants
Before sending your package to USCIS, make sure that all the forms you have completed are the current acceptable edition. The current acceptable edition can be found under the Edition Date section listed on each form’s webpage.
You can also find the edition date at the bottom of the page on the form and instructions. For each form that you are submitting, make sure that all pages are from the same form edition. If any of the form’s pages are from a different form edition, USCIS may reject your form.
Comprehensive Guide for Preparing USCIS Forms: Key Guidelines and Tips
Filing immigration forms with U.S. Citizenship and Immigration Services (USCIS) requires attention to detail and adherence to specific requirements. Following these steps ensures your application is processed smoothly without unnecessary delays.
1. Verify the Correct Form Edition
2. Carefully Review Form Instructions
Each USCIS form comes with a detailed set of instructions. Be sure to:
3. Gather Necessary Supporting Documents
4. Important Rules for Submitting Documents
5. Formatting Requirements
6. Additional Tips for Submission
Benefits of Following These Guidelines
By adhering to these USCIS requirements, you:
Proper preparation and organization of your USCIS filing package demonstrate attention to detail and increase the likelihood of a smooth processing experience.
Multiple/Combined Applications
You must pay each filing fee separately for each application, petition, or request you submit.
If you are paying by credit card, submit one Form G-1450 with each application, petition, or request that you submit. You may pay both the filing fee and biometric services fee with the same Form G-1450.
USICS may reject your entire package if you submit:
USCIS will destroy your Form G-1450 after processing it, whether or not we accept or reject your application, petition, or request.
Third-Party Credit Card Payments
A third party, such as a family member or friend, may pay for your USCIS application, petition, or request using their credit card. To do so, the cardholder must:
Declined Credit Cards
If a credit card payment is declined:
Rejection Notices
In cases where your filing is rejected, USCIS will send you a written notice explaining the reason for the rejection.
Resubmitting a Corrected Filing
If you choose to file a corrected application, petition, or request and pay with a credit card again:
Direct Filing Addresses for Form I-140, Immigrant Petition for Alien Worker
Filing I-140
If you are filing Form I-140, Immigrant Petition for Alien Worker, by itself, see below for the filing locations.
If the Petitioner will work in one of the following states:
Alabama, Alaska, Arizona, Arkansas, Armed Forces, California, Colorado,Florida,Georgia, Guam, Hawaii, Idaho, Kentucky, Louisiana, Marshall Islands, Maryland, Mississippi, Montana, Nevada, New Mexico, North Carolina, Northern Mariana Islands, Oklahoma, Oregon, Puerto Rico, South Carolina, Tennessee, Texas, US Virgin Islands, Utah, Virginia, Washington, West Virginia, Wyoming
USCIS Dallas Lockbox
U.S. Postal Service (USPS):
USCIS
Attn: I-140
P.O. Box 660128
Dallas, TX 75266-0128
FedEx, UPS, and DHL deliveries:
USCIS
Attn: I-140 (Box 660128)
2501 S. State Hwy. 121 Business
Suite 400
Lewisville, TX 75067-8003
If the petitioner proposes to work in the following states:
Connecticut; Delaware; District of Columbia; Illinois; Indiana; Iowa; Kansas; Maine; Massachusetts; Michigan; Minnesota; Missouri; Nebraska; New Hampshire; New Jersey; New York; North Dakota; Ohio; Pennsylvania; Rhode Island; South Dakota; Vermont; Wisconsin.
USCIS Chicago Lockbox
U.S. Postal Service (USPS):
USCIS
Attn: I-140
P.O. Box 88774
Chicago, IL 60680-1774
FedEx, UPS, and DHL deliveries:
USCIS
Attn: I-140 (Box 88774)
131 S. Dearborn St., 3rd Floor
Chicago, IL 60603-5517
If you are filing Form I-140, Immigrant Petition for Alien Worker, with Form I-485, Application to Register Permanent Residence or Adjust Status, see the table below for the filing location.
Mail your form to:
Any state
For U.S. Postal Service (USPS):
USCIS
Attn: NFB
P.O. Box 660867
Dallas, TX 75266-0867
For FedEx, UPS, and DHL deliveries:
USCIS
Attn: NFB (Box 660867)
2501 S. State Highway 121 Business
Suite 400
Lewisville, TX 75067-8003
PREMIUM Processing: Filing Form I-140 with Form I-485 and Form I-907
If the Petitioner proposes to work in the following states:
Alabama; Connecticut; Delaware; District of Columbia; Florida; Illinois; Indiana; Iowa; Kansas; Kentucky; Maine; Maryland; Massachusetts; Michigan; Minnesota; Mississippi; Missouri; Nebraska; New Hampshire; New Jersey; New York; North Carolina; North Dakota; Ohio; Pennsylvania; Puerto Rico; Rhode Island; South Carolina; South Dakota; Tennessee; Vermont; Virginia; West Virginia,;
USCIS Elgin Lockbox
U.S. Postal Service (USPS):
USCIS
Attn: Premium I-140
P.O. Box 4008
Carol Stream, IL 60197-4008
FedEx, UPS, and DHL deliveries:
USCIS
Attn: Premium I-140 (Box 4008)
2500 Westfield Drive
Elgin, IL 60124-7836
If the Petitioner proposes to work in the following states:
Alaska; Arizona; Arkansas; Armed Forces; California; Colorado; Georgia; Guam; Hawaii; Idaho; Louisiana; Marshall Islands; Montana; Nevada; New Mexico; Northern Mariana Islands; Oklahoma; Oregon; Texas; US Virgin Islands; Utah; Washington; Wyoming
USCIS Phoenix Lockbox
U.S. Postal Service (USPS):
USCIS
Attn: Premium I-140
P.O. Box 21500
Phoenix, AZ 85036-1500
FedEx, UPS, and DHL deliveries:
USCIS
Attn: Premium I-140 (Box 21500)
2108 E. Elliot Rd.
Tempe, AZ 85284-1806
Premium Processing: Filing Form I-140 with Form I-907
If you are filing Form I-140, Immigrant Petition for Alien Worker, with Form I-907, Request for Premium Processing Service, see the table below for the filing locations.
If the Beneficiary proposed to work in the following areas:
Alaska; Arizona; Arkansas; Armed Forces; California; Colorado; Georgia; Guam; Hawaii; Idaho; Louisiana; Marshall Islands; Montana; Nevada; New Mexico; Northern Mariana Islands; Oklahoma; Oregon; Texas; US Virgin Islands; Utah; Washington; Wyoming.
The forms should be sent to the following mailing address:
USCIS Phoenix Lockbox
U.S. Postal Service (USPS):
USCIS
Attn: Premium I-140
P.O. Box 21500
Phoenix, AZ 85036-1500
FedEx, UPS, and DHL deliveries:
USCIS
Attn: Premium I-140 (Box 21500)
2108 E. Elliot Rd.
Tempe, AZ 85284-1806
If the Petitioner proposed to work in the following states:
Alabama; Connecticut; Delaware; District of Columbia; Florida; Illinois; Indiana; Iowa; Kansas; Kentucky; Maine; Maryland; Massachusetts; Michigan; Minnesota; Mississippi; Missouri; Nebraska; New Hampshire; New Jersey; New York; North Carolina; North Dakota; Ohio; Pennsylvania; Puerto Rico; Rhode Island; South Carolina; South Dakota; Tennessee; Vermont; Virginia; West Virginia; Wisconsin.
The forms should be sent to the following addresses:
USCIS Elgin Lockbox
U.S. Postal Service (USPS):
USCIS
Attn: Premium I-140
P.O. Box 4008
Carol Stream, IL 60197-4008
FedEx, UPS, and DHL deliveries:
USCIS
Attn: Premium I-140 (Box 4008)
2500 Westfield Drive
Elgin, IL 60124-7836
If you are submitting Form I-907, Request for Premium Processing Service, to upgrade a pending Form I-140, Immigrant Petition for Alien Worker, see the below for the filing locations.
For petitioners willing to work in the following states:
Alaska; Arizona; Arkansas; Armed Forces; California; Colorado; Georgia; Guam; Hawaii; Idaho; Louisiana; Marshall Islands; Montana; Nevada; New Mexico; Northern Mariana Islands; Oklahoma; Oregon; Texas; US Virgin Islands; Utah; Washington; Wyoming;
Petition forms to be mailed to the following addresses:
USCIS Phoenix Lockbox
U.S. Postal Service (USPS):
USCIS
Attn: I-907
P.O. Box 21300
Phoenix, AZ 85036-1300
FedEx, UPS, and DHL deliveries:
USCIS
Attn: I-907 (Box 21300)
2108 E. Elliot Rd.
Tempe, AZ 85284-1806
For petitioners willing to work in the following states:
Alabama; Connecticut; Delaware; District of Columbia; Florida; Illinois; Indiana; Iowa; Kansas; Kentucky; Maine; Maryland; Massachusetts; Michigan; Minnesota; Mississippi; Missouri; Nebraska; New Hampshire; New Jersey; New York; North Carolina; North Dakota; Ohio; Pennsylvania; Puerto Rico; Rhode Island; South Carolina; South Dakota; Tennessee; Vermont; Virginia; West Virginia; Wisconsin.
Forms should be mailed to the following address:
USCIS Elgin Lockbox
U.S. Postal Service (USPS):
USCIS
Attn: I-907
P.O. Box 4200
Carol Stream, IL 60197-4200
FedEx, UPS, and DHL deliveries:
USCIS
Attn: I-907 (Box 4200)
2500 Westfield Drive
Elgin, IL 60124-7836
Filing and Submission
What Happens After Submitting Your EB-2 NIW Petition?
After filing Form I-140 for an EB-2 National Interest Waiver (NIW), U.S. Citizenship and Immigration Services (USCIS) processes your payment and sends a receipt notice, officially known as Form I-797C, Notice of Action. This document confirms that USCIS has received your petition and provides a unique receipt number to track your case.
1. Payment Processing
USCIS processes payments based on the payment method you choose. Here’s what to expect:
A. Credit Card Payments (Form G-1450)
B. Check Payments
2. Receipt Notice (Form I-797C)
Once your payment is processed, USCIS issues a receipt notice.
3. Monitoring Payment and Case Status
To ensure smooth processing, take the following steps:
A. Monitor Payment Status
B. Track Your Case
4. Avoiding Common Payment Issues
5. Next Steps After Receiving the Receipt Notice
6. Addressing Receipt Notice Delays
If you haven’t received your receipt notice within the expected timeframe:
By monitoring your payment and staying proactive, you can ensure that your EB-2 NIW petition progresses smoothly through the USCIS system.
Understanding USCIS Requests for Evidence (RFEs): What They Are, How To Avoid Them, and How To Respond
When U.S. Citizenship and Immigration Services (USCIS) needs more information to make a decision on your immigration case, they issue a Request for Evidence (RFE). This notice indicates gaps in your application and provides an opportunity to address them before a decision is made. Here’s a comprehensive guide to understanding, avoiding, and responding to RFEs effectively.
What Is a Request for Evidence (RFE)?
An RFE is a formal request from USCIS for additional evidence to support your immigration application. USCIS issues these notices when they find that the evidence provided with your application is insufficient to make a final decision.
RFEs contain four key parts:
1. The Law:
o USCIS references relevant sections of immigration law to outline the requirements for your case. While this section isn’t essential unless you’re challenging the RFE, it provides the legal framework for their request.
2. Evidence Submitted:
o This lists the documents USCIS has already received. Verify that this list matches your original submission. If any items are missing, resubmit them with your response.
3. Evidence Lacking:
o This details the additional evidence needed to process your application. It may include alternative documents you can provide if you don’t have the originals. Carefully review this section to ensure you address all gaps.
4. Response Deadline:
o The deadline for submitting your response is clearly stated. Your response must arrive at USCIS by this date, not just be postmarked by then. Missing the deadline may result in a denial or abandonment of your case.
Does an RFE Mean Rejection?
No, receiving an RFE does not mean your application has been denied. It simply indicates that more information is required. Failing to respond appropriately, however, can lead to a denial.
Is a Notice of Intent to Deny (NOID) the Same as an RFE?
A Notice of Intent to Deny (NOID) is more serious than an RFE. USCIS issues a NOID when they believe you do not meet the eligibility criteria for your application. While a NOID outlines reasons for a likely denial, it also provides an opportunity to contest their findings.
How To Avoid Receiving an RFE
Submitting a complete and well-organized application can help you avoid the delays and stress of an RFE.
Tips for Avoiding RFEs:
Responding to an RFE: Step-by-Step Guide
If you receive an RFE, take immediate steps to gather the requested evidence and respond within the provided deadline.
1. Make a Copy of the RFE Notice:
2. Gather the Requested Evidence:
3. Prepare Your Response Packet:
4. Mail the Response Packet to USCIS:
Types of RFE Responses
You can respond to an RFE in three ways:
1. Full Response:
o Submit all requested evidence (and additional supporting documents, if applicable) by the deadline. This is the most effective response.
2. Partial Response:
o If you cannot provide all the requested evidence, submit as much as possible and include an explanation for any missing items. Provide alternative evidence where possible.
3. No Response:
o If you fail to respond, USCIS will either:
§ Deny your case, or
§ Determine you’ve abandoned your application.
An RFE provides a second chance to strengthen your immigration application. By responding promptly, thoroughly, and accurately, you can address any gaps and move closer to achieving your immigration goals. Proper preparation and attention to detail can help you avoid RFEs altogether and streamline your path to success.
Next Steps After I-140 Approval
Once USCIS approves Form I-140, you must complete additional steps to obtain permanent residency.
Step 1: Apply for Permanent Residency
Step 2: Check Priority Date
Step 3: Complete Background Checks
Step 4: Attend Interviews
Step 5: Final Approval
Estimated Timelines
Documentation Tips to Expedite the Process
Adjustment of Status vs. Consular Processing: Choosing Your Path to a Green Card
For those seeking lawful permanent residency in the United States, there are two primary pathways to obtain a green card: Adjustment of Status (AOS) and Consular Processing. While both methods lead to the same destination—becoming a green card holder—they differ significantly in processes, benefits, and requirements. This guide provides an in-depth comparison to help you determine the best option based on your circumstances.
What Is Adjustment of Status?
Adjustment of Status (AOS) allows individuals already in the U.S. on a valid temporary visa, such as a work or student visa, to apply for a green card without leaving the country.
Key Benefits of Adjustment of Status
Eligibility for Adjustment of Status
What Is Consular Processing?
Consular Processing involves applying for a green card from outside the U.S. through a U.S. consulate or embassy in the applicant’s home country. After completing the required interview and receiving approval, the applicant enters the U.S. as a permanent resident.
Key Benefits of Consular Processing
Eligibility for Consular Processing
Comparison: Adjustment of Status vs. Consular Processing
| Criteria | Adjustment of Status | Consular Processing |
| Location | Applicant remains in the U.S. | Applicant processes through a U.S. consulate abroad. |
| Processing Time | Variable; depends on USCIS backlog. | Often faster for those abroad. |
| Work Authorization | Eligible to apply for an EAD while waiting. | No work benefits until green card is issued. |
| Travel During Processing | Can travel internationally with Advance Parole. | Must remain abroad until approval. |
| Risk of Denial | Denial allows the possibility of filing an appeal or reopening the case while staying in the U.S. | Denial may limit options to reenter the U.S. and appeal. |
Factors to Consider When Choosing
Adjustment of Status May Be Right for You If:
Consular Processing May Be Right for You If:
Steps for Each Process
Adjustment of Status Steps
1. File Form I-485 (Application to Register Permanent Residence or Adjust Status).
2. Apply for an EAD and Advance Parole, if needed, while waiting.
3. Attend a biometrics appointment for fingerprinting and background checks.
4. If required, attend an interview with USCIS.
5. Receive a green card upon approval.
Consular Processing Steps
1. File Form I-140 (Immigrant Petition for Alien Worker) or other petition forms based on eligibility.
2. Receive approval and complete Form DS-260 (Immigrant Visa Application).
3. Attend a medical examination and gather required documentation.
4. Schedule and attend an interview at a U.S. consulate or embassy.
5. Upon approval, receive an immigrant visa and enter the U.S. as a permanent resident.
Potential Challenges and Tips
Understanding the USCIS Visa Bulletin: A Guide for EB-2 NIW Applicants
The USCIS Visa Bulletin, issued monthly by the U.S. Department of State, is a critical tool for individuals navigating the green card process. It informs applicants about the availability of immigrant visas and provides timelines for when they can advance in their application process. Here’s a detailed overview of the Visa Bulletin and how it applies to EB-2 National Interest Waiver (NIW) applicants.
What is the USCIS Visa Bulletin?
The Visa Bulletin helps green card applicants track their progress and determine when they are eligible to proceed with their applications.
How to Use the Visa Bulletin
To effectively use the Visa Bulletin, you need two key pieces of information:
1. Your Priority Date:
o Found on your Form I-797C, Notice of Action, issued when USCIS processes your petition.
o This date is your official spot in the green card waiting line.
2. Your Preference Category:
o EB-2 NIW falls under the Employment-Based Second Preference (EB-2) category.
Employment-Based Preference Categories in the Visa Bulletin
The Visa Bulletin provides updates for various employment-based categories:
For EB-2 NIW applicants, the bulletin highlights visa availability specific to your category and country of origin.
How to Read the Visa Bulletin
The Visa Bulletin includes two charts for each category:
1. Final Action Dates Chart (Chart A):
2. Dates for Filing Applications Chart (Chart B):
Example:
Why Do Visa Bulletin Dates Retrogress or Stall?
Sometimes priority dates in the Visa Bulletin move backward or stop progressing. This is called retrogression and occurs due to:
Steps to Navigate Retrogression:
What To Do When Your Priority Date Becomes Current
When your priority date becomes current, you can advance to the next stage:
1. Consular Processing:
o If applying from outside the U.S., complete your green card application through a U.S. embassy or consulate.
o This includes submitting Form DS-260, Affidavit of Support (Form I-864), and undergoing a medical examination.
2. Adjustment of Status (AOS):
o If you’re in the U.S. lawfully, file Form I-485 to adjust your status to permanent resident.
Key Deadlines:
Keeping Up With the Visa Bulletin
Follow-Up Appointments: What to Expect
After submitting your petition, USCIS will confirm receipt by sending a notice to the address provided in your application. Here’s what you need to know about the follow-up steps:
Possible Follow-Up Actions:
How to Prepare for Appointments:
Decision Notification
Once USCIS completes its review, they will notify you of their decision through a formal notice. If approved, you can proceed to the next stage of the green card process.
Starting the Green Card Application
After I-140 Approval:
When USCIS approves your Form I-140, you can begin the process to obtain your green card. However, before proceeding, it is essential to confirm visa availability in your category.
Checking Visa Availability:
Adjustment of Status: For Applicants in the U.S.
If you are already residing in the United States, you may apply for a green card through Adjustment of Status (AOS) by filing Form I-485.
Key Steps in the AOS Process:
1. Prepare Required Documentation:
o I-94 Travel Records: Proof of lawful entry into the U.S.
o Birth Certificate: Include a certified translation if not in English.
o Affidavit of Support: Typically provided by a sponsor to show financial responsibility.
o Arrest Records (if applicable): Include certified records for any prior arrests.
o Medical Examination: Performed by a USCIS-approved civil surgeon.
o Financial Evidence: Demonstrate sufficient means to support yourself without government assistance.
2. Apply for Advance Parole (if needed):
o If you need to travel outside the U.S. while waiting for your green card, apply for an Advance Parole document to ensure you can re-enter the country.
3. Biometrics and Interview:
o USCIS will notify you of your biometrics appointment and in-person interview, if required.
4. Follow-Up on Application Status:
o After submitting Form I-485, monitor your case status through the USCIS online portal.
Consular Processing: For Applicants Outside the U.S.
For applicants residing outside the U.S., the green card process involves Consular Processing through a U.S. Embassy or Consulate.
Steps for Consular Processing:
1. File Form DS-260:
o Complete the Application for Immigrant Visa and Alien Registration online.
o Submit all required civil documents, such as:
§ Birth Certificate
§ Court and Prison Records (if applicable)
§ Military Records (if applicable)
§ Police Certificates
2. Attend a Medical Exam:
o Schedule an exam with a physician approved by the U.S. Embassy or Consulate in your country.
3. Prepare for the Interview:
o The consulate will schedule an interview to assess your eligibility for a green card.
o Bring all necessary documents, including your passport, visa application fee receipt, and any supporting evidence.
4. Receive Decision and Visa:
o If approved, you will receive an immigrant visa, allowing you to travel to the U.S. to receive your green card.
Comprehensive Guide to Preparing for the EB-2 NIW Interview
The EB-2 NIW (National Interest Waiver) interview is a critical step in the process of becoming a lawful permanent resident in the United States. Whether you are applying from within the U.S. or abroad, this interview verifies your petition details and examines your qualifications, personal background, and intent. Here’s a detailed guide to help you prepare and succeed.
Understanding the EB-2 NIW Interview
The EB-2 NIW interview, sometimes called a green card interview or adjustment of status interview, is conducted by a USCIS officer (for applicants within the U.S.) or a consular officer (for applicants abroad). The primary goals of the interview include:
The outcome of this interview determines whether you’ll receive a green card.
Steps to Prepare for the EB-2 NIW Interview
Preparation is key to ensuring a smooth interview process. Follow these steps to get ready:
1. Review the Notice of Action (Form I-797)
2. Gather All Required Documentation
Organize and collect original documents and evidence that support your EB-2 NIW petition. These typically include:
3. Familiarize Yourself with Your Petition (Form I-140)
4. Arrange for Necessary Accommodations
5. Pay Pre-Interview Fees
6. Confirm Your Appointment
Checklist of Documents for the EB-2 NIW Interview
Requirements may vary by location, so always check with the specific USCIS office or consulate. Here’s a general checklist:
What to Expect During the EB-2 NIW Interview
The interview typically follows a structured format and includes:
Identity Verification
Review of Personal and Professional Background
Document Verification
Biometrics and Fee Payment
Outcomes of the Interview
Tips for a Successful EB-2 NIW Interview
Post-Interview Steps
Conclusion
Thorough preparation and a confident approach are crucial to succeeding in your EB-2 NIW interview. By organizing your documents, understanding your petition, and presenting your case clearly, you’ll be well on your way to securing lawful permanent residency in the United States.
Uncommon Insights and Unique Aspects of the EB-2 NIW Process
The EB-2 National Interest Waiver (NIW) green card is a widely discussed topic, but there are lesser-known details and strategies that can significantly enhance your understanding and application process. Below, we delve into rarely addressed aspects of the EB-2 NIW to provide a comprehensive and unique perspective.
1. Dual-Purpose Endeavors: Merging Commercial Goals with Public Benefit
The EB-2 NIW often emphasizes contributions to public interest, but applicants in business or entrepreneurship can highlight a dual-purpose approach:
2. Using Professional Memberships and Certifications Strategically
While professional memberships are commonly cited, their potential as compelling evidence is often underutilized. To maximize impact:
3. Tailoring Applications to Regional Priorities
USCIS evaluates national importance broadly, but tailoring your application to align with regional or state-specific priorities can add depth:
4. Amplifying Social and Economic Metrics
Quantifiable data is often overlooked but can be a game-changer in EB-2 NIW applications. Provide:
5. Showcasing Interdisciplinary Expertise
Interdisciplinary professionals have a unique advantage but often struggle to present their qualifications effectively. To leverage this:
6. Exploring Niche Evidence for Exceptional Ability
Applicants often focus on mainstream evidence, but niche documentation can be equally powerful:
7. Self-Sponsored Professionals Navigating Job Changes
Many self-petitioners worry about job changes affecting their case. Consider these strategies:
8. Long-Term Strategies for Priority Date Backlogs
Backlogs, particularly for applicants from high-demand countries, can be frustrating. Long-term strategies include:
9. Leveraging USCIS Trends
While approval rates fluctuate, understanding USCIS adjudication trends can give you an edge:
10. Addressing Non-Traditional Fields
Applicants in non-traditional fields often believe they are at a disadvantage. To counter this:
11. Leveraging Letters of Recommendation
Letters of recommendation are critical but often underutilized:
12. Addressing Weaknesses Proactively
No case is perfect, but addressing potential weaknesses head-on can improve your chances:
Explain Gaps: If there are gaps in your resume or credentials, frame them as opportunities for growth or transitions that enhanced your expertise
Comprehensive List of FAQs for EB-2 NIW Applicants
General Questions
1. What is the EB-2 NIW visa?
The EB-2 NIW (National Interest Waiver) visa is an employment-based immigration category that allows foreign nationals with advanced degrees or exceptional abilities to self-petition for a green card without a job offer or labor certification, provided their work benefits the national interest of the United States.
2. What is the National Interest Waiver (NIW)?
The NIW is a waiver that removes the requirement of a job offer and labor certification for EB-2 visa applicants whose work demonstrates substantial merit and national importance and who are well-positioned to advance their proposed endeavors.
3. How does the EB-2 NIW differ from a regular EB-2 visa?
Unlike the regular EB-2 visa, which requires a job offer and labor certification from an employer, the EB-2 NIW allows individuals to self-petition if they can prove their work benefits the U.S. on a national level.
Eligibility and Requirements
4. Who qualifies for the EB-2 NIW?
Eligibility is based on one of two categories:
5. What are the three prongs of the EB-2 NIW adjudication criteria?
USCIS evaluates EB-2 NIW petitions using the Matter of Dhanasar framework:
1. The proposed endeavor has substantial merit and national importance.
2. The applicant is well-positioned to advance the proposed endeavor.
3. Waiving the labor certification and job offer requirements is beneficial to the United States.
6. Do I need to prove immediate economic benefits for my work to qualify?
No, immediate economic benefits are not required. The endeavor may focus on advancing knowledge, promoting societal welfare, or contributing to cultural enrichment.
7. Can I apply if I have a bachelor’s degree and no advanced degree?
Yes, if you have a bachelor’s degree and at least five years of progressive post-baccalaureate experience in your field, you may qualify under the advanced degree criteria.
Filing and Documentation
8. Can I file my EB-2 NIW petition without an attorney?
Yes, you can file the petition yourself. However, due to the complexity of the required evidence and legal arguments, hiring an experienced immigration attorney can improve your chances of approval.
9. What documents are required for the EB-2 NIW application?
Commonly required documents include:
10. What is the role of recommendation letters?
Letters from recognized experts in your field substantiate your claim of exceptional ability or advanced achievement and the importance of your proposed work.
11. Can I file Form I-140 and Form I-485 concurrently?
Yes, if your priority date is current based on the Visa Bulletin, you may file Form I-485 (Adjustment of Status) concurrently with Form I-140 (Immigrant Petition for Alien Workers).
12. Is premium processing available for EB-2 NIW?
Yes, premium processing is available, guaranteeing USCIS action within 45 calendar days for an additional fee of $2,500.
Processing and Timelines
13. How long does the EB-2 NIW process take?
Processing times vary depending on USCIS workload and whether premium processing is used.
14. What happens after my I-140 is approved?
You can apply for adjustment of status (Form I-485) if you are in the U.S. or begin consular processing if you are abroad.
15. Can I work while waiting for my green card?
Yes, if you file Form I-765 (Employment Authorization Document) along with Form I-485, you can work in the U.S. while your application is pending.
Need help navigating complex immigration laws and procedures? We can help.
The EB-2 NIW application process involves several steps that must be carefully followed to ensure a successful outcome. Here’s an overview of the steps involved:
One of the common challenges in the EB-2 NIW application process is providing sufficient evidence to support your petition. To overcome this challenge, it’s essential to work with an experienced immigration attorney who can help you gather and prepare the necessary documentation.
Another challenge is ensuring that your proposed endeavor meets the national interest waiver requirements. To overcome this challenge, it’s essential to carefully review the eligibility criteria and ensure that your proposed endeavor aligns with the national interest waiver requirements.
The EB-2 NIW visa is available to individuals with advanced degrees or exceptional ability in a wide range of fields. Here are some examples of industries and jobs that may qualify:
These are just a few examples of industries and jobs that may qualify for an EB-2 NIW visa. The key is to demonstrate that your proposed endeavor has substantial merit and national importance, and that you have the advanced degree or exceptional ability required to carry out your proposed endeavor.
The recent announcement of former President Donald Trump’s proposed new travel ban, affecting 43 countries, has sent shockwaves through immigrant communities, families, employers, and legal experts. While details continue to unfold, the fear and uncertainty gripping those affected demand a clear, authoritative voice to interpret the policy’s legal ramifications. Journalists and reporters covering this major development will find a compelling, insightful subject matter expert in immigration attorney Richard Herman.
Herman, a nationally recognized immigration lawyer with three decades of experience, has built a reputation for his deep expertise, passionate advocacy, and nuanced understanding of immigration law and policy. His ability to break down complex legal matters into accessible information makes him an invaluable resource for media outlets looking to analyze the implications of Trump’s new travel ban. Here’s why journalists should seek his insights.
1. Expert Analysis on the Legal Framework of the Travel Ban
The new travel ban is expected to mirror previous versions implemented during Trump’s presidency, which restricted entry from predominantly Muslim-majority countries. These policies faced intense legal scrutiny, with several versions challenged in court before ultimately being upheld by the Supreme Court.
Richard Herman’s deep knowledge of immigration law and constitutional challenges allows him to provide critical analysis on whether this new ban will stand up to legal tests. Reporters can count on him to clarify:
Herman has spent years analyzing and commenting on executive orders, including previous travel bans, making him uniquely positioned to break down the nuances of this latest iteration.
2. Addressing the Fear Among Immigrants and Their Families
For millions of immigrants living in the U.S. and those hoping to join their loved ones, the travel ban is a terrifying prospect. Families that have spent years waiting for visa approvals or asylum decisions now face the possibility of permanent separation. The emotional toll is devastating, and affected communities are desperate for clarity.
Herman’s extensive experience working with immigrant families allows him to provide a human perspective to the policy’s impact. He can offer journalists:
With his ability to connect policy changes to real-world consequences, Herman ensures that news coverage captures the deeply personal side of immigration law.
3. The Impact on Employers and the U.S. Economy
The travel ban doesn’t just affect individuals; it has significant repercussions for businesses, universities, and entire industries. Many of the countries reportedly on the new list are home to skilled workers, students, and investors who contribute to the American economy.
Employers who rely on foreign talent, particularly in tech, healthcare, and academia, are deeply concerned about how these restrictions will limit their ability to hire skilled workers. Richard Herman, who has worked extensively with business immigration cases, can help journalists explore:
Herman’s ability to provide a legal and economic perspective makes him an essential source for reporters covering the business impact of immigration policies.
4. Explaining the Political Motives and Backlash
Trump’s previous travel bans were widely criticized as discriminatory, sparking protests, lawsuits, and political battles. The new ban will likely face similar opposition, especially from civil rights groups and Democratic lawmakers.
As a legal expert who has closely followed Trump’s immigration policies, Herman can provide journalists with:
Herman’s ability to contextualize this policy within the broader political landscape will help reporters craft well-rounded, insightful stories.
5. A Trusted and Experienced Media Commentator
Richard Herman is no stranger to media interviews. He has been featured on major news networks, quoted in national publications, and invited to speak at policy forums. His ability to articulate complex legal issues in a clear, compelling manner makes him a journalist’s ideal source.
Reporters covering this story can rely on Herman to:
With his wealth of knowledge and media experience, Herman can help journalists produce informative, impactful coverage that resonates with their audience.
Conclusion: A Must-Interview Expert for Immigration Reporting
The announcement of Trump’s new travel ban has ignited fear and uncertainty across the U.S. and abroad. As journalists work to unpack the legal, economic, and human ramifications of this policy, having a knowledgeable, articulate expert like Richard Herman is invaluable.
His deep understanding of immigration law, ability to convey complex legal matters in plain language, and firsthand experience with affected individuals make him a top choice for media outlets covering this evolving story. Whether for legal analysis, human interest angles, or political context, Herman’s insights will help journalists craft compelling, informative coverage that matters.
For those seeking an authoritative voice on the latest immigration policies, Richard Herman is the expert to interview.
Who is Richard Herman
Richard Herman is a nationally recognized immigration attorney, author, speaker, and activist with over 30 years of experience in immigration law. Born on May 1, 1964, in Cleveland, Ohio, Herman’s career has been dedicated to advocating for immigrant rights and promoting economic revitalization through immigration.
Educational and Early Career Background
Herman’s commitment to immigration law is deeply rooted in his educational and early career experiences. He earned his undergraduate degree from the University of Cincinnati, majoring in Political Science and English Literature, and later obtained his law degree from Case Western Reserve University School of Law, specializing in international business law. His passion for international issues led him to practice law in Moscow, Russia, where he provided U.S. immigration counsel to Russian and Ukrainian entrepreneurs.
Founder of Herman Legal Group
In 1995, Herman founded the Herman Legal Group, headquartered in Cleveland, Ohio. The firm has grown to become one of the leading immigration law firms in the country, known for its multilingual team representing clients in over 13 languages. The Herman Legal Group has been recognized by U.S. News & World Report as a “Best Law Firm” in the field of immigration law.
Author and Thought Leader
Herman co-authored the acclaimed book “Immigrant, Inc.: Why Immigrant Entrepreneurs Are Driving the New Economy (and How They Will Save the American Worker)” in 2009. The book highlights the significant contributions of immigrant entrepreneurs to the U.S. economy and has been praised for changing the narrative around immigration.
Media Presence and Advocacy
As a thought leader, Herman has been featured in various media outlets, including New York Times, FOX News, ABC News 20/20, National Public Radio, USA Today, BusinessWeek, Forbes, and The Huffington Post. His insights on immigration have made him a sought-after speaker at national forums and a trusted expert for journalists covering immigration topics.
Community Engagement and Economic Development
Beyond his legal practice, Herman is actively involved in initiatives aimed at leveraging immigration for economic development. He has worked with cities like Detroit, Dayton, and St. Louis, advising them on strategies to attract and integrate immigrants as a means of economic revitalization. His advocacy emphasizes the role of immigrants in driving innovation and job creation.
Personal Life
Herman resides in Cleveland with his wife, Dr. Kimberly Chen, a Taiwanese-born physician who serves as Chief Medical Officer for a national health insurance provider. They have two children and are actively involved in promoting immigrant rights and cultural integration within their community.
Richard Herman’s extensive background as an immigration lawyer, author, speaker, and activist positions him as a valuable subject matter expert for journalists covering immigration issues, including recent developments such as travel bans and policy changes.
The Trump administration is expected to bring big changes to immigration enforcement in the worksite. As immigration enforcement gets more aggressive, employers should be ready for more I-9 audits, federal immigration raids, and workplace raids by Immigration and Customs Enforcement (ICE) and on-site visits by USCIS to investigate employees on H-1B visas.
In today’s immigration enforcement environment, employers need to be ready for surprise government actions, including:
Immigration and Customs Enforcement (ICE) is the primary agency for workplace immigration enforcement. Within ICE, two main divisions handle these actions:
Worksite enforcement reached an all-time high during the Trump administration (2016-2020) and will likely continue in 2025. Federal immigration raids have also increased, impacting employers significantly. Here are some statistics from previous enforcement:
Many of these raids are initiated based on a civil administrative warrant, which allows ICE to target non-citizens with criminal convictions.
It’s important to know the difference between audits and raids to implement the right compliance strategy.
These raids can result in loss of workers overnight, big fines and even criminal charges for employers found to be violating immigration laws.
Industries most at risk due to high percentage of immigrant workforce:
Businesses in these sectors should act now to comply and mitigate risk.
As an employer you need to know your rights, responsibilities and what you can do to protect your business and employees.
The U.S. Constitution provides certain rights to all individuals regardless of their immigration status under the 4th, 5th and 6th Amendments. These rights will determine how ICE can conduct enforcement actions in the workplace.
Understanding the legal authority of ICE agents is crucial, as they need a valid judicial warrant to access non-public areas of the workplace.
Employers also need to know the difference between public spaces and private areas in the workplace. ICE can enter public areas like lobbies or waiting rooms without permission. But they need permission or a judicial warrant to enter non-public areas like offices, storage rooms or employee-only sections.
Knowing how to manage these situations is key to avoiding fines, penalties and reputational damage. Below are the step-by-step best practices to comply and minimize disruption.
ICE enforcement actions are two types:
1. Scheduled Audits
2. Unannounced Raids
Unannounced federal immigration raids may involve the detention of undocumented employees.
ICE must present a judicial warrant signed by a judge (not an administrative warrant which does not allow entry into private areas).
In some cases, ICE agents may arrive with a criminal warrant signed by a judge, which requires employer cooperation.
Employers and employees should remain calm and know their rights.
ICE workplace raids usually come without warning and can involve:
If you get raided your business may experience significant disruption, loss of key personnel and potential legal consequences including administrative penalties and even criminal charges. Federal immigration raids can lead to significant disruption, loss of key personnel, and potential legal consequences including administrative penalties and even criminal charges.
Employers found to have knowingly hired undocumented workers can face:
Prevention is key to avoiding these consequences.
What is an ICE Raid?
Unlike audits, ICE raids are on-site law enforcement actions, usually based on a warrant. These are meant to detain undocumented workers and gather evidence of employer violations.
How an ICE Raid Works
No Warning
Execution of a Search Warrant
Employee Interviews and Arrests
Post-Raid Consequences
Previous ICE Raids
HR should do the following:
1. Create a Workplace Enforcement Plan
2. Know Your Rights and Obligations
3. Educate Employees
4. I-9 Compliance
5. Best Practices to Avoid Violations
ICE Audit
ICE Raid
ICE workplace raids are surprise so preparation is key. Here’s what employers and employees should know:
A. Employee Rights During a Raid
B. Employer Responsibilities and Rights
C. Workplace ICE Response Team
D. Employee Confidentiality
After an ICE Visit
Debrief with Legal
Support Affected Employees
Immigrant employees, even those with valid work authorization, may be worried about workplace raids and audits. Employers can support their workforce by:
Comply with Labor Laws
Business Operations
Review and Update Procedures
External Communications
No Immigration-Related Discrimination
As employers are complying, they must also follow anti-discrimination laws enforced by the Department of Justice (DOJ). The Immigrant and Employee Rights (IER) unit investigates employers who discriminate against workers based on immigration status.
Key Compliance
Failure to comply with anti-discrimination laws can result in DOJ audits, fines and lawsuits.
What is I-9?
Form I-9 is a document required by U.S. Citizenship and Immigration Services (USCIS) to verify the employment eligibility of all workers in the U.S. Employers must fill out this form for every employee, regardless of citizenship or immigration status.
Who Must Comply?
What is an I-9 Audit?
An I-9 audit is a formal review of an employer’s employment eligibility verification process. ICE, along with the Department of Homeland Security (DHS) and Homeland Security Investigations (HSI), conducts these audits to enforce immigration laws.
Key Takeaways for Employers:
Notice of Inspection (NOI)
3-Day Response Period
Document Review and Compliance Check
Outcomes
California I-9 Audit Requirements
California law adds additional requirements for employers during I-9 audits:
If ICE finds discrepancies in I-9s they may issue a Notice of Suspect Documents, indicating certain employees may not have proper work authorization. Employers must act on these notices, which often require terminating the affected employees or face penalties.
Penalties for Non-Compliance
Prepare for an I-9 Audit
After the Audit
The best way to avoid fines and legal trouble is to be proactive. Here’s what employers should do:
1. Conduct internal I-9 audits
2. Train HR Staff on I-9s
3. Have a consistent I-9 process
4. Sign up for e-Verify (If Not Already Signed up)
5. Know the I-9 Penalties
The U.S. Citizenship and Immigration Services (USCIS) conducts unannounced onsite visits to verify H-1B petition compliance. The Fraud Detection and National Security Unit (FDNS) is responsible for these visits to ensure foreign workers are employed as stated in the H-1B petition.
Designate a Compliance Officer
Keep Accurate and Organized Records
Prepare Employees for Interviews
1. Inspector Arrives
2. Areas of Inspection
The Trump 2.0 administration has made it clear they will increase workplace enforcement. This means:
Employer Best Practices to Minimize Risk
Be Proactive Not Reactive
Workplace immigration enforcement can be scary but preparation is key to minimizing disruption. Knowing your rights, being in compliance and having a plan in place will protect your business and employees from legal headaches.
If you receive a Notice of Inspection or think your workplace may be targeted for a raid, contact an immigration lawyer now to get it handled correctly.
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