Published: May 13, 2025
Quick Snapshot in June 2025
- China EB-2 advances two months; China EB-3 progresses three weeks.
- India’s EB Final Action Dates: No movement across all employment-based categories.
- Rest of the World (ROW):
- EB-2: Moves forward by nearly four months.
- EB-3: Gains five weeks.
- USCIS confirms it will use the Final Action Dates chart for employment-based filings in June 2025.
- Family-Based F2A remains mostly current but still reflects backlogs for Mexico.
- EB-4 Category is fully unavailable due to statutory caps, having reached its annual limit for FY 2025.
- DV-2025 numbers are tightening as September 30 approaches—file immediately if eligible. With the DV-2025 numbers tightening, many applicants waiting for their turn should file immediately if eligible.
- New SIV rules could affect former U.S. Government employees abroad.
What’s Changing in June 2025?
The U.S. Department of State has released its June 2025 Visa Bulletin, reflecting small but meaningful improvements in some employment-based green card categories, following updated procedures. Below is a breakdown of the movement and what it means for adjustment of status (I-485) applicants. These changes are part of a revised process aimed at improving the predictability and efficiency of visa issuance.
Understanding the Visa Bulletin Charts
Each monthly Visa Bulletin features two key charts:
- Final Action Dates: When a green card can actually be approved.
- Dates for Filing: When you can submit your Form I-485, even if a green card can’t yet be issued. The Dates for Filing chart is crucial for determining when applicants can start filing applications for adjustment of status.
For June 2025, USCIS will follow the Final Action Dates chart for all employment-based categories. Understanding these charts is essential for navigating the application process efficiently.
Employment-Based Final Action Dates: June 2025
This chart determines who is eligible to be granted a green card this month based on the availability of visa numbers.
EB Category | All Other Countries | China (PRC) | India | Mexico | Philippines |
---|---|---|---|---|---|
EB-1 – Priority Workers | Current | Nov 8, 2022 | Feb 15, 2022 | Current | Current |
EB-2 – Advanced Degrees / Exceptional Ability | Oct 15, 2023 | Dec 1, 2020 | Jan 1, 2013 | Oct 15, 2023 | Oct 15, 2023 |
EB-3 – Professionals / Skilled Workers | Feb 8, 2023 | Nov 22, 2020 | Apr 15, 2013 | Feb 8, 2023 | Feb 8, 2023 |
The Employment-Based Final Action Dates chart outlines the availability of employment based preference visas for June 2025.
Key Visa Movement Insights
- EB-1: No movement. Remains current for most countries; backlog persists for China and India.
- EB-2:
- China advances two months (Oct 2020 → Dec 2020)
- ROW sees a leap of over three months (June 2023 → Oct 2023)
- India remains frozen at Jan 1, 2013
- EB-3:
- China moves ahead by three weeks (Nov 1 → Nov 22, 2020)
- ROW progresses five weeks (Jan 1, 2023 → Feb 8, 2023)
- India remains stalled at Apr 15, 2013
These movements are influenced by the processes used for determining visa availability, which consider various factors such as demand and statutory limits.
Dates for Filing: EB Chart (June 2025)
Although USCIS is not using this chart in June, it reflects future trends in visa demand. Although USCIS is not using this chart in June, it provides valuable insights for applicants planning to start filing applications in the near future.
EB Category | All Other Countries | China | India | Mexico | Philippines |
---|---|---|---|---|---|
EB-1 | Current | Jan 1, 2023 | Apr 15, 2022 | Current | Current |
EB-2 | Nov 15, 2023 | Jan 1, 2021 | Feb 1, 2013 | Nov 15, 2023 | Nov 15, 2023 |
EB-3 | Mar 1, 2023 | Dec 22, 2020 | Jun 8, 2013 | Mar 1, 2023 | Mar 1, 2023 |
This chart helps applicants waiting for their turn to understand future trends in visa demand.
Trend Analysis: Limited Movement Despite Q4 Start
Why aren’t we seeing stronger forward momentum?
June marks the beginning of the final quarter in the federal fiscal year (which ends September 30). Historically, the Department of State sometimes adjusts cutoff dates quarterly to increase green card issuance volume before year-end. However, June’s Bulletin showed:
- Minimal movement in oversubscribed categories like EB-2 and EB-3 for India is partly due to reaching the annual limit for these visa numbers.
- No change in EB-1, even though demand had raised expectations for progress, indicates a tight control over the allocation of visa numbers.
- Potential constraints from increased demand or administrative delays.
Legal Insight: What This Means for You
- If your priority date is earlier than the Final Action Date listed for your category and country, you may file or receive approval for a green card.
- USCIS (U.S. Citizenship and Immigration Services) plays a crucial role in determining when applicants can file or receive approval for a green card.
- If you missed the cutoff, you must wait for future bulletins and monitor monthly.
- USCIS’s continued reliance on Final Action Dates makes it harder for applicants to benefit from the more generous Dates for Filing in some categories.
Looking Ahead
- This marks the fifth consecutive month USCIS has opted for the more restrictive Final Action Date approach, following a revised process aimed at better managing visa demand.
- Unless visa demand decreases or DOS takes proactive steps in July–September, many long-waiting applicants (especially from India) may see little change.
- Applicants in ROW, Mexico, and the Philippines have more favorable outlooks this summer.
EB-4: Special Immigrants
🔴 All countries: Unavailable
As announced by the Department of State in February 2025, the FY 2025 cap for EB-4 has already been reached. The category will remain closed through September 30, 2025, which means unauthorized for any new applications until the next fiscal year and reopen with the next fiscal year on October 1, 2025.
EB-5: Immigrant Investor Program
Category | China | India | All Other Countries |
---|---|---|---|
Unreserved (C5, T5, etc.) | Jan 22, 2014 | May 1, 2019 | Current |
Set-Aside: Rural (20%) | Current | Current | Current |
Set-Aside: High Unemployment (10%) | Current | Current | Current |
Set-Aside: Infrastructure (2%) | Current | Current | Current |
💡 Set-aside categories remain fully current for all nations, making this an attractive window for investors. The EB-5 Immigrant Investor Program remains an attractive option for those seeking employment based preference visas, with set-aside categories fully current for all nations.
Overview: What is the Visa Bulletin?
Each month, the U.S. Department of State releases the Visa Bulletin to provide guidance on:
- Final Action Dates: When green cards can be issued.
- Dates for Filing: When applicants can submit their visa or adjustment applications.
The Visa Bulletin outlines immigrant visa availability based on priority dates and chargeability areas.
This helps individuals track when they can take action based on their visa category and priority date.
Understanding chargeability areas is crucial for applicants to determine their place in line for visa processing.
👉 Check USCIS Updates for Adjustment Filing Use
Family-Sponsored Green Card Availability
Statutory Limits and Rules
- Annual family-sponsored green card cap: 226,000. The annual limit for family-sponsored green cards is set at 226,000.
- Per-country limit: 7% of total (25,620 visas)
- Dependent area cap: 2% (7,320 visas)
- Oversubscribed Countries: China (mainland), India, Mexico, Philippines
Spouses and children of principal applicants may share the same preference category and priority date under INA Section 203(d).
These rules ensure a fair distribution of visas among applicants seeking to become permanent residents.
Family-Based Final Action Dates (Chart A)
Preference | All Other Countries | China | India | Mexico | Philippines |
---|---|---|---|---|---|
F1 | 08JUN16 | 08JUN16 | 08JUN16 | 22APR05 | 15JUL12 |
F2A | 01JAN22 | 01JAN22 | 01JAN22 | 15MAY21 | 01JAN22 |
F2B | 22SEP16 | 22SEP16 | 22SEP16 | 01JAN06 | 08FEB12 |
F3 | 22JUN11 | 22JUN11 | 22JUN11 | 15JAN01 | 22SEP03 |
F4 | 01JAN08 | 01JAN08 | 15JUN06 | 15MAR01 | 01JUN05 |
The F2B category, for example, is for unmarried adult children of LPRs who are 21 years of age or older.
Note: F2A is partially exempt from country limits for Mexico.
Family-Based Dates for Filing (Chart B)
Preference | All Other Countries | China | India | Mexico | Philippines |
---|---|---|---|---|---|
F1 | 01SEP17 | 01SEP17 | 01SEP17 | 01APR06 | 22APR15 |
F2A | 01FEB25 | 01FEB25 | 01FEB25 | 01FEB25 | 01FEB25 |
F2B | 01JAN17 | 01JAN17 | 01JAN17 | 01APR07 | 01OCT13 |
F3 | 22JUL12 | 22JUL12 | 22JUL12 | 15JUN01 | 22SEP04 |
F4 | 01JUN08 | 01JUN08 | 01DEC06 | 30APR01 | 01JAN08 |
This chart helps applicants determine the appropriate time for filing applications for adjustment of status.
Employment-Based Green Card Availability
Employment-Based Preference Allocations
- Total Employment-Based Cap: 140,000/year. The annual limit for employment-based green cards is 140,000.
- Per Category Share:
- EB-1, EB-2, EB-3: ~28.6% each. Each category receives a specific share of the total visa numbers available.
- EB-4 (Special Immigrants): 7.1%
- EB-5 (Investors): 7.1%, with 32% set aside for:
- Rural Areas: 20%
- High Unemployment: 10%
- Infrastructure: 2%
Employment-Based Final Action Dates (Chart A)
Preference | All Other Countries | China | India | Mexico | Philippines |
---|---|---|---|---|---|
EB-1 | C | 08NOV22 | 15FEB22 | C | C |
EB-2 | 15OCT23 | 01DEC20 | 01JAN13 | 15OCT23 | 15OCT23 |
EB-3 | 08FEB23 | 22NOV20 | 15APR13 | 08FEB23 | 08FEB23 |
Other Workers | 22JUN21 | 01APR17 | 15APR13 | 22JUN21 | 22JUN21 |
EB-4 | U | U | U | U | U |
EB-5 (Unreserved) | C | 22JAN14 | 01MAY19 | C | C |
U = Unavailable
The Employment-Based Final Action Dates chart outlines the availability of employment based preference visas for June 2025.
This chart determines who is eligible to be granted a green card this month based on the availability of visa numbers.
Employment-Based Dates for Filing (Chart B)
Preference | All Other Countries | China | India | Mexico | Philippines |
---|---|---|---|---|---|
EB-1 | C | 01JAN23 | 15APR22 | C | C |
EB-2 | 15NOV23 | 01JAN21 | 01FEB13 | 15NOV23 | 15NOV23 |
EB-3 | 01MAR23 | 22DEC20 | 08JUN13 | 01MAR23 | 01MAR23 |
Other Workers | 22JUL21 | 01JAN18 | 08JUN13 | 22JUL21 | 22JUL21 |
EB-4 | 01FEB21 | 01FEB21 | 01FEB21 | 01FEB21 | 01FEB21 |
EB-5 (Unreserved) | C | 01OCT16 | 01APR22 | C | C |
This chart helps applicants determine the appropriate time for filing applications for adjustment of status.
Diversity Visa (DV) Lottery: June & July 2025 Cut-offs
The DV program provides up to 55,000 immigrant visas per year, but for FY2025, the number is effectively reduced to about 52,000 due to allocations under NACARA and the 2024 NDAA.
The DV program provides up to 55,000 immigrant visas per year, reflecting the overall immigrant visa availability.
June 2025 DV Cut-Offs
Region | General Cut-off | Exceptions |
---|---|---|
Africa | 42,500 | Algeria (42,250), Egypt (36,250), Morocco (30,000) |
Asia | 8,250 | Iran, Nepal (8,000) |
Europe | 17,500 | Russia (17,450), Uzbekistan (10,250) |
North America | 20 | N/A |
Oceania | 1,550 | N/A |
South America/Caribbean | 2,300 | N/A |
These cut-offs indicate the maximum visa numbers available for each region in June 2025.
July 2025 DV Cut-Offs
Region | General Cut-off | Exceptions |
---|---|---|
Africa | 45,000 | Algeria (44,950), Egypt (40,000), Morocco (34,500) |
Asia | 9,000 | Iran, Nepal (8,950) |
Europe | 19,000 | Russia (18,950), Uzbekistan (12,000) |
North America | 20 | N/A |
Oceania | 1,650 | N/A |
South America/Caribbean | 2,450 | N/A |
These cut-offs indicate the maximum visa numbers available for each region in July 2025.
Special Immigrant Visas (SIVs) – New NDAA Provisions
The FY2024 National Defense Authorization Act introduced changes for U.S. government employees abroad and their families. This does not affect Afghan/Iraqi SIVs under SQ/SI. Impacted individuals should consult the consular section where Form DS-1884 was filed for updated guidance.
Impacted individuals should consult the consular section at U.S. embassies abroad where Form DS-1884 was filed for updated guidance.
When to File Your I-485 Adjustment of Status Application (June 2025)
If you are waiting to adjust your status to become a U.S. permanent resident through a family-sponsored or employment-based preference visa, this monthly guide helps you understand whether your priority date is current—and if you can submit Form I-485.
This monthly guide helps you understand the application process and whether your priority date is current.
Step-by-Step: How to Use This Bulletin
- Identify your visa type:
- Look at either the Family-Sponsored or Employment-Based preference chart.
- Find your chargeability area (country of birth):
- Look across the columns in the chart for the country that matches your place of birth.
- Check your priority date:
- This is the date USCIS received your petition or, if applicable, when your PERM labor certification was accepted by the Department of Labor.
- Compare dates:
- If your priority date is earlier than the listed filing date—or the chart shows “C” for current—you may submit your I-485 application (if otherwise eligible).
- A “U” means the category is currently unavailable.
👉 Check USCIS Visa Bulletin Updates
Filing Chart: Family-Sponsored Preference (June 2025)
Use this chart to determine when you can file your I-485 for family-sponsored green cards:
Family Category | All Countries | China | India | Mexico | Philippines |
---|---|---|---|---|---|
F1 – Unmarried adult children of U.S. citizens | 01SEP17 | 01SEP17 | 01SEP17 | 01APR06 | 22APR15 |
F2A – Spouses & children of LPRs | 01FEB25 | 01FEB25 | 01FEB25 | 01FEB25 | 01FEB25 |
F2B – Unmarried adult children of LPRs | 01JAN17 | 01JAN17 | 01JAN17 | 01APR07 | 01OCT13 |
F3 – Married children of U.S. citizens | 22JUL12 | 22JUL12 | 22JUL12 | 15JUN01 | 22SEP04 |
F4 – Siblings of U.S. citizens | 01JUN08 | 01JUN08 | 01DEC06 | 30APR01 | 01JAN08 |
This chart helps applicants determine the appropriate time for filing applications for adjustment of status.
🔎 Visual Insight: The chart below highlights the disparity between visa processing times by category and country:
Final Action Dates: Employment-Based Adjustment (June 2025)
These dates indicate when a green card can be issued. This chart determines who is eligible to be granted a green card this month based on the availability of visa numbers:
Employment Category | All Countries | China | India | Mexico | Philippines |
---|---|---|---|---|---|
EB-1 – Priority workers | C | 08NOV22 | 15FEB22 | C | C |
EB-2 – Advanced degrees / exceptional ability | 15OCT23 | 01DEC20 | 01JAN13 | 15OCT23 | 15OCT23 |
EB-3 – Skilled workers / professionals | 08FEB23 | 22NOV20 | 15APR13 | 08FEB23 | 08FEB23 |
Other Workers | 22JUN21 | 01APR17 | 15APR13 | 22JUN21 | 22JUN21 |
EB-4 – Special immigrants | U | U | U | U | U |
Certain Religious Workers | U | U | U | U | U |
EB-5 Unreserved | C | 22JAN14 | 01MAY19 | C | C |
EB-5 Set Asides – Rural, High Unemployment, Infrastructure | C | C | C | C | C |
“C” = Current (you may file if otherwise eligible) “U” = Unavailable
The Final Action Dates chart outlines the availability of employment based preference visas for June 2025.
About the Visa Bulletin System
The Department of State (DOS) releases a monthly Visa Bulletin, which determines green card eligibility by tracking:
- Total visas available
- Backlogs by category
- Demand for each preference classification
Since 2015, USCIS and DOS have collaborated to:
- Issue all green cards authorized by Congress
- Provide more predictability for green card applicants
- Improve how visa demand is calculated
Learn more:
📘 Modernizing and Streamlining Legal Immigration Report (PDF)
Two Key Charts in Every Bulletin
- Final Action Dates – When green cards can be approved.
- Dates for Filing – When applicants can submit I-485 (adjustment of status) applications.
USCIS will announce each month which chart to follow on its Visa Bulletin Updates Page.
How USCIS Determines Visa Availability
USCIS and DOS consider:
- Remaining visa supply for the fiscal year
- Pending green card applications at both USCIS and consulates
- Drop-off rates (due to abandonment, denial, or withdrawal)
This data allows USCIS to forecast cutoff dates and ensure the maximum number of visas are issued each year.
GENERAL VISA BULLETIN FAQs
What is a priority date?
It’s the date your green card petition was first filed. This determines your place in line.
How long will I wait?
That depends on your country and visa category. The Visa Bulletin can’t predict exact timing but helps identify patterns.
Why does my date go backward?
That’s called retrogression—it happens when demand exceeds supply. Your spot may temporarily move backward until numbers reset.
What is the purpose of the Visa Bulletin?
The Visa Bulletin, published monthly by the U.S. Department of State, provides updated information on green card availability. It shows cut-off dates for each immigrant visa category and country of chargeability, determining when applicants can move forward with their green card process.
What are “Final Action Dates” and “Dates for Filing”?
Final Action Dates indicate when a green card can be issued. Dates for Filing determine when a person can file their adjustment of status application. USCIS announces monthly which chart it will use for family-based and employment-based applicants.
What is a priority date?
A priority date is the date when a green card petition (Form I-130 or I-140) or labor certification was filed. It establishes the applicant’s place in line for green card processing.
How do I find my priority date?
Your priority date is typically printed on your I-797 Notice of Action or listed on your labor certification. You may also consult with your attorney or sponsoring employer.
What does it mean if my priority date is “current”?
If your priority date is earlier than the listed cut-off date—or if the category is marked “C” (current)—you may file your application (if using the Dates for Filing chart) or your green card may be approved (if using the Final Action Dates chart).
What does “U” mean on the Visa Bulletin?
“U” means the category is “Unauthorized” or “Unavailable.” No immigrant visas are available in that category for the month.
What is retrogression, and why does it happen?
Retrogression is when a previously current priority date moves backward. It occurs when visa demand exceeds the supply for a given category or country.
How often does the Visa Bulletin change?
The Visa Bulletin is issued monthly, usually around the 10th to 15th of each month.
What is the difference between USCIS and the Department of State when it comes to the Visa Bulletin?
The Department of State publishes the Visa Bulletin. USCIS decides which chart (Final Action or Filing Dates) applicants in the U.S. must follow to file Form I-485.
JUNE 2025 VISA BULLETIN-SPECIFIC FAQs
What changed in the family-based categories in the June 2025 Visa Bulletin?
Most family-based categories remained unchanged. The only notable change was in the F-4 category (siblings of U.S. citizens) for India, which advanced by two months.
Which chart should I use in June 2025 for adjustment of status filing?
In June 2025, USCIS designated the Dates for Filing chart for family-sponsored applicants and the Final Action Dates chart for employment-based applicants.
Did the EB-1 category move at all in June 2025?
No. The EB-1 Final Action Dates remained unchanged. India is still at February 15, 2022, and China is at November 8, 2022. All other countries remain current.
What is the most significant movement in the June 2025 Visa Bulletin?
The largest advancement occurred in the EB-2 category for Mexico, the Philippines, and All Other Areas, which moved forward by nearly four months.
Is EB-4 available in June 2025?
No. EB-4 is unavailable for all countries. The annual visa cap was reached in February 2025. This category will reopen in October 2025 when the new fiscal year begins.
Did the EB-5 category change in June 2025?
No. The EB-5 category remains current for most countries. The unreserved subcategory remains at May 1, 2019 for India and January 22, 2014 for China. All EB-5 set-aside categories (Rural, High Unemployment, and Infrastructure) remain current for all countries.
Why does India show no forward movement in EB-2 and EB-3?
India’s backlogs are due to consistently high demand. Its EB-2 and EB-3 cut-off dates have remained stuck at January 1, 2013 and April 15, 2013, respectively.
How much did China advance in the EB-2 and EB-3 categories?
China’s EB-2 cut-off date moved ahead by two months to December 1, 2020. EB-3 advanced by about three weeks to November 22, 2020.
Which EB categories showed any advancement in June 2025?
EB-2, EB-3, and EB-3 Other Worker categories showed movement for all countries except India. EB-1, EB-4, and EB-5 were either unchanged or unavailable.
Can I file my I-485 if my date is current in the Dates for Filing chart, but USCIS is using the Final Action Dates chart?
No. You can only file your I-485 when USCIS authorizes the use of the Dates for Filing chart. In June 2025, for employment-based applicants, USCIS is using the Final Action Dates chart.
STRATEGIC AND ADVANCED QUESTIONS
If I’m outside the U.S., does the Visa Bulletin still apply to me?
Yes. For consular processing abroad, the Final Action Dates chart determines when you can proceed to a visa interview and potentially receive an immigrant visa.
Can priority dates ever move backward again in the coming months?
Yes. If the demand suddenly exceeds expectations, or USCIS needs to slow issuance to stay within visa limits, retrogression may occur even late in the fiscal year.
When does the visa cap reset?
The annual immigrant visa limits reset at the start of the fiscal year on October 1 each year.
What are set-aside categories in EB-5 and why are they important?
EB-5 set-asides reserve portions of the total EB-5 visa allotment for rural, high-unemployment, and infrastructure investments. These subcategories remain current, offering a faster route to permanent residency.
How can I improve my position if my category is heavily backlogged?
You may consider alternative immigration paths such as the EB-5 Investor Program, National Interest Waiver (NIW), or pursuing a family-based petition if eligible.
What should I do if my priority date is close to becoming current?
You should ensure all documents are ready, maintain eligibility, and consult with an immigration attorney to file as soon as your date is current.
Why You Should Consult Immigration Attorney Richard Herman Today
Understanding the June 2025 Visa Bulletin isn’t just about reading charts—it’s about knowing what to do next. Whether your priority date just became current, is rapidly approaching, or remains stuck in a frustrating backlog, this is a critical moment to make informed decisions that could shape your immigration future.
That’s where Attorney Richard Herman and his nationally recognized legal team come in. With over 30 years of experience guiding individuals, families, professionals, and investors through every type of visa challenge, Richard Herman provides more than legal representation—he offers strategy, clarity, and peace of mind.
If you’re:
- Unsure how the latest Visa Bulletin affects your case,
- Facing delays or retrogression in your employment- or family-based category,
- Considering alternatives like EB-5 investment visas, NIWs, or family sponsorship,
- Or simply need help filing your I-485 before your window closes,
Now is the time to speak with a trusted advocate who understands both the legal nuances and the human urgency behind every green card application.
Don’t navigate this alone. Contact Richard Herman for a personalized consultation and let a veteran immigration attorney help you move forward with confidence.
👉Schedule your consultation with Richard Herman today
Next Steps and Resources
Visa Bulletin Page on USCIS.gov – Check which chart to use when filing.
State Department Travel Website – Embassy visa processing updates
Journalists looking to contact Richard Herman for insights on the latest industry trends can reach out via the provided contact form. This form allows you to manage your personal information and records related to your account efficiently.
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A Trusted Voice for Today’s Most Urgent Immigration Stories
When it comes to reporting on U.S. immigration—especially in the context of the 2024 election cycle and Donald Trump’s policies—journalists need more than quotes. They need a seasoned, media-savvy expert who can quickly provide depth, context, and compelling commentary. Additionally, they should be informed about how they can review or change their cookie preferences and settings at any time.
Immigration attorneyRichard Herman is that expert. With decades of experience, national recognition, and a sharp understanding of how immigration intersects with politics, civil rights, employment, and media narratives, Herman is a go-to source for reporters seeking accurate and articulate insights. His expertise also extends to enhancing and providing valuable content through his services.
If you’re working on a media request immigration #journorequest, here’s why you should consider reaching out to Richard Herman.
What Makes Richard Herman a Top-Tier Immigration Source for Media
- Over 30 Years of Experience: Richard Herman has practiced immigration law for over three decades, handling high-stakes cases from business immigration to deportation defense.
- National Media Contributor: He’s been featured on NPR, and in major publications like The New York Times and Forbes.
- Author and Speaker: Co-author ofImmigrant, Inc., Herman speaks frequently about immigration reform, economic growth, and immigrant entrepreneurship.
- Client Diversity: He’s worked with international students, Fortune 500 companies, undocumented workers, and criminal defendants facing immigration consequences.
- Public Education Focus: He has a unique ability to break down complex legal issues in a way that audiences—and editors—understand and trust.
Key Topics Reporters Can Explore with Richard Herman
< Trump and Immigration Enforcement>As Trump threatens sweeping immigration crackdowns in a possible second term, Herman can unpack:
- How new executive actions might resemble or expand past policies
- Legal limitations and constitutional challenges
- What communities and advocates can expect
- Personal experiences of people affected by these policies and demographic insights related to immigration
People often share their stories and quotes about contemplating or undergoing relocation, emphasizing the growing openness among people to moving abroad. Additionally, it is crucial for individuals to be specific in their requests to receive the correct records quickly and efficiently, whether those requests are made online or by mail.
< Trump and Deportation>With Trump signaling mass deportations using the National Guard or ICE raids, Richard Herman can explain:
- How such efforts would conflict with existing legal norms
- The logistical and humanitarian consequences
- What rights immigrants still have—even under aggressive policies
< Employment-Based Immigration (H-1B and Beyond)>As H-1B policies evolve under both Trump and Biden, Herman can speak on:
- 2025 updates under the H-1B Modernization Rule
- Trends in high-skilled immigration and layoffs in tech
- Options for workers after job termination Read more on H-1B worker options after termination
< Immigration and the First Amendment>From border searches of journalists to social media surveillance of visa applicants, Herman brings crucial insight into:
- The free speech rights of immigrants
- Legal challenges to CBP and DHS digital surveillance
- Religious and political expression at the border
< Immigration and Civil Rights>Journalists covering racial profiling, due process, and equal protection issues should talk to Herman about:
- How immigration enforcement disproportionately targets communities of color
- The erosion of civil liberties in ICE detention centers
- Key litigation challenging unconstitutional immigration laws
< Travel and Immigration>Whether it’s the Muslim Ban redux or expedited removals at airports, Herman can speak to:
- How past and current administrations reshape immigration at borders
- What non-citizens should know before flying
- Risks of CBP searches and secondary inspections Know Your Rights at the Border (ACLU)
< International Students and U.S. Immigration>With Trump pushing to restrict F-1 visas and Optional Practical Training (OPT), Herman provides:
- Analysis on how policy affects U.S. competitiveness
- Legal risks and overstays for international students
- Strategies for transitioning to H-1B or green cards
< Criminal Immigration (Crimmigration)>Herman is one of the few attorneys able to clearly explain how criminal charges affect immigration, including:
- Deportable vs. inadmissible offenses
- The weaponization of “public safety” rhetoric
- Immigrant legal defenses under INA 212 and 237
Media-Savvy. Deadline-Ready. Clear on Camera. Interview Ready.
Richard Herman understands the media’s needs:
- Concise quotes for fast turnarounds
- Depth for features and investigative pieces
- Appeal to TV, podcast, print, and digital formats. Hear full conversations with various guests on our podcast episodes about migrating to Australia.
Whether you’re filing a #journorequest or planning a long-form investigative series, Herman offers both authority and accessibility. We encourage you to share your personal experiences, such as the UK spouse visa application process, to foster a community of storytelling and information gathering.
Clickable Resources for Reporters
Here’s a curated list of high-value resources Richard Herman can speak to or help you interpret:
- Trump’s 2025 Immigration Agenda (Heritage Foundation)
- ACLU on Immigration Enforcement
Covers ICE and CBP abuses, immigrant detention, and advocacy for immigrant rights. - AILA: American Immigration Lawyers Association
A national association of over 15,000 attorneys and law professors who practice and teach immigration law. - USCIS: Employment-Based Immigration
Official resource for employment-based green card eligibility and processes. - TRAC Immigration Data
Provides authoritative, nonpartisan data on immigration enforcement, court trends, and agency performance. - Human Rights Watch: U.S. Deportation Reports
Investigates and documents the human impact of U.S. deportation policies.
Fresh Takes and Original Angles on Key Topics
What makes Herman stand out isn’t just his legal expertise. It’s his ability to bring fresh insight to repetitive narratives. Here are some unique angles he offers:
- “The Quiet Deportation Pipeline”: How visa denials and silent orders of removal are rising under the radar.
- “Digital Border Walls”: Examining CBP’s expanded use of algorithms and facial recognition.
- “Immigration as Infrastructure”: Arguing that international students, workers, and families are essential to U.S. resilience and growth.
- “Civil Liberties in Immigration Court“: The erosion of due process in proceedings with no public defenders and limited access to evidence.
Interactive Graphs and Visuals
Below are sample visuals you can adapt or request Richard Herman to comment on:
<Deportations Under Trump vs. Biden (2017–2024)>
[Bar Chart]
- Trump Year 1: 256,000
- Biden Year 1: 186,000
- Trump Year 3: 267,000
- Biden Year 3: 142,000
<Top 5 Countries Affected by U.S. Deportations (2023)>
[Pie Chart]
- Mexico
- Guatemala
- Honduras
- El Salvador
- Haiti
<H-1B Petitions Approved
Fiscal Year | Initial Employment Approvals | Continuing Employment Approvals | Total Approvals |
---|---|---|---|
2018 | 93,615 | 238,743 | 332,358 |
2019 | 138,297 | 249,476 | 388,403 |
2020 | 122,886 | 303,824 | 426,710 |
2021 | 123,414 | 283,657 | 407,071 |
2022 | 132,429 | 309,614 | 442,043 |
2023 | 118,948 | 267,370 | 386,318 |
Source: H-1B Visa – Wikipedia
Top Companies Receiving H-1B Approvals in 2024
In fiscal year 2024, several companies stood out for having the highest number of approved H-1B petitions. The table below lists these companies along with the number of approvals they received:
Company | Number of H-1B Approvals |
---|---|
Amazon | 9,265 |
Infosys | 8,140 |
Tata Consultancy Services (TCS) | 5,274 |
Cognizant | 6,321 |
5,364 | |
Meta | 4,844 |
Microsoft | 4,725 |
HCL America | 2,953 |
Wipro | 1,634 |
Tech Mahindra | 1,199 |
How to Contact Richard Herman for Commentary
Website: https://www.lawfirm4immigrants.com/
Email: richardtmherman@gmail.com
Cell: 216-375-0231
LinkedIn: Richard Herman – LinkedIn
Twitter/X: @ImmigrantInc
Sample Media Request Pitches That Work
- “Hi, looking for a knowledgeable immigration attorney to discuss Trump’s plan for mass deportations and how it compares to his first term. Deadline EOD. #journorequest”
- “Seeking expert on immigration and the First Amendment—especially related to international students and digital surveillance.”
- “Need quick quote for story on H-1B layoffs and status expiration. Can you help? #mediarequest”
Final Takeaway: Reach Out Early and Often
In an era of volatile immigration policy, disinformation, and global migration crises, journalists need experts who can cut through the noise. Richard Herman delivers just that.
If your pitch or post includes media request immigration #journorequest, don’t miss the opportunity to elevate your reporting with a trusted, articulate, and nationally recognized voice.
A Step-by-Step Guide for Foreign Spouses Living in the U.S. or Abroad
Getting a green card grants you the right to live and work in the U.S. indefinitely, but it also comes with responsibilities, especially when it comes to marriage and sponsoring a foreign spouse.
If you are a lawful permanent resident (LPR) and wish to marry someone who is not a U.S. citizen, you are legally allowed to do so. However, bringing your spouse to the U.S. and securing their legal residency can be a complex and time-consuming green card application process.
What It Means to Be a Green Card Holder
A green card holder (LPR) enjoys several key benefits:
- Live and work permanently in the U.S.
- Travel internationally with some restrictions.
- Apply for U.S. citizenship after meeting eligibility requirements.
- Sponsor certain family members for green cards.
Green card holders are free to marry non-U.S. citizens, whether they are residing abroad or inside the U.S. However, marriage alone does not grant immigration benefits. Your spouse will need to go through the proper legal process to obtain a green card. Understanding the intricacies of immigration law is crucial for green card holders, especially when sponsoring a spouse. It is also important to maintain a valid immigration status to avoid any legal complications.
Key Factors to Consider:
- Your spouse’s immigration status (whether they are inside or outside the U.S.).
- Processing time for family-sponsored visas (which can take years for LPRs).
- Financial sponsorship requirements (you must meet income thresholds).
- Marriage validity (it must be legally recognized in the jurisdiction where it was performed).
Compared to U.S. citizens, LPRs face longer waiting periods and stricter requirements when sponsoring a spouse for immigration.
If you are a U.S. Green Card holder, you can petition to bring your spouse to live permanently in the United States. The process varies depending on whether your spouse is currently inside or outside the U.S. and will require an immigrant visa.
Considerations When Marrying a Green Card Holder
- Visa Waiting Period: Spouses of green card holders fall under the Family Second Preference (F2A) category, which has annual limits. This can lead to waiting periods ranging from months to several years, depending on demand and country of origin.
- Consular Processing Requirement: Typically, you’ll need to undergo consular processing, which involves attending a visa interview at a U.S. embassy or consulate in your home country. Overstaying a visa in the U.S. can lead to inadmissibility bars, making this process more complex.
- Permanent Residence Without Conditions: Due to potential waiting periods, by the time you’re granted a green card, your marriage may be over two years old, allowing you to receive a permanent green card and permanent residence without the conditional two-year period.
Benefits of Marrying a U.S. Citizen
- Immediate Visa Availability: Spouses of U.S. citizens are classified as immediate relatives, meaning there are no numerical limits on visas. This results in a faster path to obtaining a green card.
- Adjustment of Status: If you entered the U.S. legally, you can apply for adjustment of status without leaving the country, even if your visa has expired. This process involves filing Form I-485 alongside Form I-130.
- Shorter Citizenship Timeline: After obtaining a green card, you’re eligible to apply for U.S. citizenship after three years, provided you remain married to and live with your U.S. citizen spouse during this period.
Key Differences Between Marrying a U.S. Citizen and a Green Card Holder
Aspect | Marrying a U.S. Citizen | Marrying a Green Card Holder |
Visa Availability | Immediate; no annual limits. | Subject to annual caps; potential waiting periods. |
Adjustment of Status | Eligible if entered the U.S. legally; can apply without leaving the U.S. | Generally requires consular processing; may need to leave the U.S. for visa interview. |
Conditional Residence | If married less than two years at green card approval, receive conditional residence; must apply to remove conditions after two years. | If waiting period exceeds two years, may receive permanent residence directly, avoiding conditional status. |
Path to Citizenship | Eligible to apply for citizenship after three years of permanent residence, given continuous marital union. | Eligible to apply for citizenship after five years of permanent residence. |
Steps to Get Married and Sponsor Your Spouse
1. Ensure Your Marriage is Legally Recognized
- Marriages performed abroad must comply with that country’s laws.
- If marrying in the U.S., check state-specific marriage requirements.
- Obtain a certified marriage certificate as proof.
File an Immigrant Petition (Form I-130)
- Submit Form I-130 (Petition for Alien Relative) to U.S. Citizenship and Immigration Services (USCIS) as part of the process to obtain a marriage green card.
- Pay the applicable filing fee (check the USCIS Fee Schedule).
- Provide supporting documents, including:
- Marriage certificate
- Proof of lawful permanent residency (green card)
- Joint financial documents, photos, and communication records to prove a bona fide marriage.
3. Wait for Visa Availability
- Unlike U.S. citizens, green card holders face waiting periods due to visa caps.
- Check the Visa Bulletin for updated processing times.
- Depending on your spouse’s country of origin, wait times can range from several months to multiple years.
4. Choose the Right Immigration Path
Option 1: Consular Processing (For Spouses Abroad)
- Once the I-130 is approved and a visa becomes available, your spouse applies for an immigrant visa at a U.S. embassy or consulate.
- If approved, they enter the U.S. as a permanent resident.
Option 2: Adjustment of Status (For Spouses in the U.S.)
- If your spouse is legally in the U.S. on a visa (e.g., student or work visa), they may apply for a green card through Form I-485 (Application to Adjust Status).
- Unauthorized stay or visa overstays may require additional waivers.
Married to a Green Card Holder and Living in the United States
Understanding the Basics
If you’re married to a U.S. permanent resident (green card holder) and both of you reside in the United States, you may be eligible to apply for marriage green cards. This process involves multiple steps, including petitioning for your eligibility, waiting for visa availability, and adjusting your status to become a lawful permanent resident.
Who is Eligible for Adjustment of Status?
To apply To apply for a green card as the spouse of a permanent resident, you must:
- Be lawfully present in the U.S. (e.g., entered on a B-1/B-2, F-1, H-1B, TN, or J-1 visa).
- Have no prior immigration violations, such as visa overstays or unauthorized employment. If you do, you may need to file Form I-601 (Waiver of Grounds of Inadmissibility).
- Have a “current” priority date under the F2A visa category. (Check the Visa Bulletin for updates.)
- File Form I-130 (Petition for Alien Relative) as early as possible to secure an earlier priority date.
- Maintain lawful nonimmigrant status while waiting for your priority date to become current.
- Be aware of the 90-Day Rule, which can impact your eligibility to adjust status if you entered the U.S. on a temporary visa.
- You must maintain a valid nonimmigrant status while waiting for your priority date to become current.
Step 1: Filing the Petition (Form I-130)
Purpose: To establish a valid marital relationship between you (the beneficiary) and your U.S. permanent resident spouse (the petitioner).
Actions:
- Complete Form I-130: The U.S. permanent resident spouse must file Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS).
- Gather Supporting Documents: Include evidence such as marriage certificates, joint financial records, and photographs to prove the legitimacy of your marriage.
- The priority date assigned will determine when you can move to the next step.
- Filing Form I-130 alone does not authorize you to stay in the U.S. or work.
- You can check current priority dates in the Visa Bulletin
- To track your petition’s status, visit the USCIS Case Status page and enter your receipt number.
Fees: As of February 2025, the filing fee for Form I-130 is $675 for paper submissions and $625 for online filings.
Processing Time: The average processing time for Form I-130 is approximately 2 to 3 years.
Step 2: Waiting for Priority Date to Become Current
- The F2A family preference category for spouses of green card holders is subject to annual visa limits.
- You cannot file Form I-485 (Adjustment of Status) until your priority date is current.
Understanding the Visa Bulletin:
Unlike spouses of U.S. citizens, spouses of green card holders are subject to annual visa limits. The U.S. Department of State’s Visa Bulletin indicates when a visa number becomes available based on your priority date (the date USCIS received your Form I-130).
Actions:
- Monitor the Visa Bulletin: Regularly check the Visa Bulletin to determine when your priority date becomes current.
- Maintain Lawful Status: It’s crucial to keep a valid immigration status while waiting. Overstaying a visa can lead to complications.
Estimated Waiting Period: As of now, the waiting time for visa availability in the F2A category (spouses and unmarried children under 21 of green card holders) is approximately 35 months after I-130 approval.
Step 3: Applying for Adjustment of Status (Form I-485)
Purpose: To apply for lawful permanent resident status without leaving the United States.
Eligibility: Once your priority date is current, you can file:
- Form I-485 – Green card application
- Form I-864 – Affidavit of Support
- Form I-765 – Employment Authorization Document (EAD)
- Form I-131 – Advance Parole (to travel while your green card is pending)
- Ensure you comply with the 90-Day Rule before filing Form I-485.
Actions:
- Complete Form I-485: Ensure all sections are accurately filled out.
- Gather Supporting Documents: These may include proof of lawful entry, evidence of your relationship, and financial documents.
- Medical Examination: Undergo a medical exam by a USCIS-approved physician and include Form I-693, Report of Medical Examination and Vaccination Record.
Fees: The filing fee for Form I-485 is $1,440.
Processing Time: The average processing time for Form I-485 is approximately 9.3 months.
Step 4: Attending the Biometrics Appointment
Purpose: To collect your fingerprints, photograph, and signature for background checks.
Actions:
- Appointment Notice: After filing Form I-485, USCIS will send you a notice with the date, time, and location of your biometrics appointment.
- Attend Appointment: Bring the appointment notice and a valid photo ID.
Note: Rescheduling can delay your application, so it’s best to attend as scheduled.
Step 5: The Green Card Interview
Purpose: The green card interview aims to assess the authenticity of your marriage and verify the information in your application.
Actions:
- Interview Notice: USCIS will notify you of the interview date, time, and location.
- Prepare Documentation: Bring originals of all documents submitted with your application, plus any updated evidence of your relationship.
- Attend Interview: Both spouses must attend. Be prepared to answer questions about your relationship and daily life.
- Possible outcomes:
- Approval: You will receive your green card.
- Request for Evidence (RFE): Additional documentation is needed.
- Denial: You may need to appeal or reapply.
Tip: Review common interview questions and consider conducting a mock interview to prepare.
Preparing for the Green Card Interview
The interview is a crucial step to prove that your marriage is legitimate and not solely for immigration benefits.
What to Expect:
- Questions about your relationship, wedding, and future plans.
- Requests for documents proving cohabitation, joint finances, or shared assets.
- Possible separate interviews if fraud is suspected.
Tips for Success:
- Review your submitted documents beforehand.
- Stay consistent in your answers.
- Bring original copies of required documents.
- Seek legal assistance if needed.
Potential Challenges and Delays
Common Obstacles:
- Long wait times: Visa backlogs can delay reunification.
- Maintaining valid immigration status: If your spouse is in the U.S. on a temporary visa, they must comply with all regulations.
- Marriage fraud concerns: Providing insufficient evidence can result in delays or denials.
How to Avoid Issues:
- Track your case progress through USCIS Case Status.
- Maintain thorough documentation of your relationship.
- Consult an immigration attorney for guidance.
Step 6: Receiving Your Green Card
Approval: If the interview is successful, USCIS will approve your Form I-485.
Conditional Residency: If you’ve been married for less than two years at the time of approval, you’ll receive a conditional green card valid for two years.
Step 7: Removing Conditions (If Applicable)
- If your green card is approved before your second wedding anniversary, it will be a conditional green card valid for two years.
- To remove conditions, you must file Form I-751 before expiration.
- If your green card is approved after your second anniversary, you will receive a 10-year permanent green card.
Special Cases and Considerations
Undocumented Spouses
If you entered the U.S. unlawfully, you cannot adjust your status within the U.S. Instead, you must:
- File Form I-130 for your alien relative and wait for approval.
- Apply for Form I-601A (Provisional Waiver for Unlawful Presence).
- Attend a visa interview at a U.S. consulate abroad.
F-1 Visa Holders Married to a Green Card Holder
- You must maintain valid F-1 status while waiting for your priority date.
- The 90-Day Rule applies each time you re-enter the U.S.
J-1 Visa Holders Married to a Green Card Holder
- If subject to the two-year home residency rule, you must either fulfill this requirement or obtain a waiver (Form I-612).
Applying for U.S. Citizenship
- A green card holder can apply for U.S. citizenship after 4 years and 9 months.
- Becoming a U.S. citizen eliminates priority date wait times for spouses applying for a green card.
Comparing Marriage to a Green Card Holder vs. a U.S. Citizen
Criteria | Married to Green Card Holder | Married to U.S. Citizen |
Wait for Priority Date? | Yes | No |
Work Permit (EAD) Eligibility | Only after priority date is current | Immediately upon filing I-485 |
Visa Overstay & Unauthorized Work | Not forgiven | Forgiven |
Processing Time | 18-36 months | 12-16 months |
Can file I-130 & I-485 together? | No | Yes |
Can work while waiting? | No (must wait for priority date) | Yes (can apply for work permit immediately) |
Past immigration violations | Must apply for waiver | Not penalized for overstay/unlawful employment |
Married to a Green Card Holder and Living Abroad: Consular Processing
If you are a U.S. green card holder married to a foreign national residing outside the United States, this guide on immigration services is for you. We will walk you through each step of the consular processing pathway to obtain a marriage-based green card. This process ensures that your spouse can legally enter and live in the U.S. as a permanent resident.
- Estimated Processing Time: 35 months (varies by country and USCIS workload)
- Estimated Cost: $1,540 (including government fees and medical exam)
Step 1: Sponsorship – Filing Form I-130
The first step in obtaining a green card for your spouse is filing Form I-130 (Petition for Alien Relative) with U.S. Citizenship and Immigration Services (USCIS). The goal is to prove a valid, bona fide marriage.
Key Terminology:
- Sponsor/Petitioner – The U.S. green card holder filing the petition.
- Applicant/Beneficiary – The foreign spouse seeking a green card.
Required Documents & Fees:
- Form I-130: $675 (including biometric fees)
- Form I-130A: $0 (Supplementary form for beneficiary spouse)
- Supporting Documents: Proof of marriage, identity, and financial sponsorship
What Happens Next?
Once USCIS receives the application, they send a receipt notice (within two weeks). If additional documents are required, they will send a Request for Evidence (RFE) within 2–3 months.
Resource: USCIS Form I-130
Step 2: The Waiting Period and Priority Dates
Once Form I-130 is approved, the case moves to the National Visa Center (NVC), which assigns a unique case number. However, before submitting the green card application, spouses of green card holders must wait until a visa is available in the F2A family category.
Visa Bulletin Updates
The April 2023 Visa Bulletin introduced a backlog in the F2A category, delaying application processing. To check visa availability:
Resource: How to Read the Visa Bulletin
Step 3: Green Card Application & Fees
Once a visa becomes available, the next step is filing the DS-260 (Immigrant Visa Application).
Steps to Complete:
- File DS-261 – Select an agent for correspondence (Processing Time: 3 Weeks)
- Pay Fees: $445 total ($325 application fee + $120 Affidavit of Support fee)
- File DS-260 – The main visa application (Requires NVC Case Number)
- Submit Supporting Documents – Upload/mailing options vary by consulate
Resource: CEAC Visa Portal
Step 4: Pre-Interview Requirements
Before the interview, the spouse must complete three key steps:
1. Medical Examination
- Conducted by a State Department-approved doctor.
- Average cost: $200 (varies by country).
- The doctor provides a sealed medical report for the interview.
2. Passport Delivery Registration
- The applicant must register a passport return address via the U.S. consulate’s website.
3. Biometrics (Fingerprinting Appointment)
- Conducted at a visa application support center before the interview.
Resource: Find a U.S. Embassy
Step 5: The Green Card Interview
What to Expect?
- Conducted at the U.S. consulate in the applicant’s country.
- The U.S. spouse does not attend the interview.
- The consular officer will ask personal and marriage-related questions to verify the relationship’s authenticity.
Possible Outcomes:
- Approval: Visa stamped in passport (typically within 1–2 weeks).
- Additional Review: More evidence requested (delays processing).
- Denial: If fraud is suspected or eligibility criteria are not met.
Step 6: Entering the U.S. and Receiving the Green Card
After Approval:
- Pay the USCIS Immigrant Fee – $235 (required before green card is mailed).
- Enter the U.S. – The visa serves as a temporary green card (valid for 1 year).
- Receive the Green Card – Mailed within 2–3 weeks after arrival.
Conditional vs. Permanent Green Card:
- CR1 (Conditional Resident) – If married less than 2 years at approval.
- IR1 (Immediate Relative) – If married more than 2 years at approval.
Resource: USCIS Green Card Fee Payment
Can My Spouse Come to the U.S. While the I-130 Visa Petition Is Pending?
Bringing a spouse to the United States is a top priority for many couples navigating the immigration process. However, if you’ve already filed a visa petition (Form I-130) for your spouse, you might wonder whether they can travel to the U.S. while waiting for approval. The answer depends on immigration intent, and several other factors.
In some cases, your spouse may be able to travel to the U.S. while the petition is pending, but there are challenges. The U.S. immigration system distinguishes between “immigrant intent” and “nonimmigrant intent,” which impacts whether a visa will be granted.
1. Traveling on a Tourist Visa (B-1/B-2) or ESTA
A spouse can apply for a tourist visa (B-1/B-2) or travel under the Visa Waiver Program (VWP) through ESTA if they are from an eligible country. However, there are risks:
- Demonstrating Nonimmigrant Intent: A tourist visa requires proof that the traveler intends to return to their home country after the visit. Because a pending I-130 petition shows clear immigrant intent, U.S. Customs and Border Protection (CBP) officers may deny entry if they suspect the spouse intends to stay permanently.
- Risk of Visa Denial: If a consular officer believes the spouse will not return home, they may deny the tourist visa application.
- Risk of Entry Denial: Even with a valid visa, CBP officers at the port of entry have the authority to refuse admission if they suspect an immigrant intent.
2. Using Other Nonimmigrant Visas (F-1, H-1B, L-1, etc.)
If the spouse already has another valid nonimmigrant visa (such as a student visa (F-1) or a work visa (H-1B, L-1, etc.)), they may be able to enter and remain in the U.S. while the I-130 is pending. However:
- They must continue to meet the requirements of that visa.
- Entering on a nonimmigrant visa with immigrant intent could lead to complications.
Alternative: Adjustment of Status vs. Consular Processing
- If the spouse is already in the U.S. under a valid visa (such as F-1 or H-1B), they may be eligible to adjust status (Form I-485) without leaving the country.
- If the spouse is outside the U.S., they will usually need to wait for consular processing to complete before entering with an immigrant visa.
Key Considerations and Risks
- Misrepresentation Risks: If a spouse enters the U.S. on a nonimmigrant visa with the hidden intent of staying permanently, it could be considered visa fraud, leading to serious consequences.
- Inspection at the Border: Even if a visa is granted, CBP officers at the airport or border crossing have the final say in allowing entry.
- Waiting for the Immigrant Visa: In many cases, it may be easier and less risky for the spouse to wait abroad until the green card is approved.
While it is possible for a spouse to visit the U.S. while their visa petition is pending, it requires careful planning and understanding of immigration laws.
The best approach depends on the spouse’s current visa status, intent, and ability to demonstrate a temporary stay. Consulting with an immigration attorney can help ensure a smooth process and avoid unnecessary risks.
Can a Green Card Holder Apply for U.S. Citizenship?
Becoming a U.S. citizen can provide benefits for your spouse’s immigration process:
- Spouses of U.S. citizens can file concurrently for green cards.
- There are no annual limits on visas for spouses of U.S. citizens.
- Immigration violations (e.g., visa overstay) do not automatically disqualify applicants.
When can a green card holder apply for U.S. citizenship?
- Generally, 4 years and 9 months after receiving a green card.
- Some exceptions apply, including expedited paths for U.S. military service. Learn more: Naturalization Through Military Service.
Maintaining Your Green Card While Sponsoring a Spouse
To successfully sponsor a spouse, you must maintain your LPR status:
- Renew your green card every 10 years.
- Avoid prolonged absences from the U.S. (trips over 6 months may lead to residency issues).
- Stay compliant with tax and residency laws.
- Avoid legal trouble, as certain crimes can lead to deportation.
Exploring Alternative Visa Options
If the green card sponsorship route has lengthy delays, consider:
- K-3 Visa (Spouse of a U.S. Citizen) – Requires naturalization before filing.
- Employment-based visas – If your spouse qualifies for a work-related visa, it may expedite their U.S. entry.
- Fiancé(e) Visa (K-1) (must be a US citizen) – If you are not yet married, a K-1 visa may be an option if you plan to marry within 90 days of their arrival.
What If My Petition Is Denied?
If your petition is denied, your denial letter will explain how to file an appeal. Typically, you must:
- File an appeal using Form I-290B.
- Pay the required filing fee.
- The appeal will be reviewed by the Board of Immigration Appeals (BIA).
Following-to-Join Benefits
If you became a permanent resident through a preference category, your spouse and/or children may qualify for “following-to-join” benefits, meaning:
- You do not need to file a separate Form I-130.
- They do not need to wait for a visa number to become available.
To apply, submit:
- Form I-824
- A copy of the original petition used to obtain your immigrant status
- A copy of Form I-797 (Notice of Action)
- A copy of your Green Card (Form I-551)
If you received your immigrant visa overseas, contact the National Visa Center for more details.
Can a Green Card Holder Invite a Fiancee to the U.S.?
Many people ask: Can a green card holder petition for a fiance visa? Unfortunately, the answer is no—only U.S. citizens can petition for a K-1 Fiance Visa. However, there are other options available for permanent residents who wish to bring their fiance to the U.S.
Options for Green Card Holders Who Want to Marry a Foreigner
If you are a lawful permanent resident (green card holder) and want to bring your fiance to the U.S., you have limited options:
1. Wait Until You Become a U.S. Citizen
- Once you become a U.S. citizen, you can apply for a K-1 visa for your fiance.
2. Get Married Abroad and Apply for a Spousal Visa (CR-1/IR-1)
- After marriage, you can file Form I-130 (Petition for Alien Relative) to sponsor your spouse.
- Your spouse will need to wait abroad until their visa is approved.
3. Marry in the U.S. While on a Tourist Visa (Risky Option)
- If your fiance enters the U.S. on a tourist visa (B-2) and you marry, they must leave before the visa expires.
- Immigration officials may suspect visa fraud, which can lead to deportation or bans.
Consult an Immigration Attorney to explore your best option and avoid risks.
FAQs: Green Card Holder Sponsoring a Spouse for a Green Card
General FAQs on Sponsoring a Spouse for a Green Card
FAQs for When the Foreign Spouse is Living in the U.S.
FAQs for When the Foreign Spouse is Living Outside the U.S.
Financial & Legal Considerations
Frequently Asked Questions (FAQs)
Seeking Legal Assistance: Why It Matters
U.S. immigration laws are complex and ever-changing. Working with an immigration attorney can:
- Ensure accurate and timely submissions.
- Help navigate visa backlogs and alternative paths.
- Provide legal representation in case of delays or denials.
Finding the Right Attorney
Look for:
- Licensed attorneys specializing in family-based immigration.
- Transparent fee structures and clear communication.
- Positive client testimonials and reviews.
Final Thoughts: Knowledge is Power
Marrying a non-resident as a green card holder is entirely legal, but securing their U.S. residency requires careful planning and patience. Understanding the immigration process, preparing strong documentation, and seeking professional guidance can help smooth the journey toward permanent residency for your spouse.
By taking the right steps and staying informed, you can successfully navigate the process and build a future together in the U.S.
Resources & Additional Information
Important Forms:
- Form I-130 (Petition for Alien Relative)
- Form I-485 (Adjustment of Status)
- Form I-751 (Removing Conditions)
- Form I-824 (Following-to-Join Application)
- USCIS Adjustment of Status Overview
- Visa Bulletin for Family-Based Immigrants
- Form I-130 Instructions
- Form I-485 Instructions
- Adjustment of Status Guide
- USCIS Family Sponsorship Information
- Visa Bulletin (U.S. Department of State)
- Affidavit of Support Requirements (Form I-864)
- USCIS Official Website
- Visa Bulletin
- Contact USCIS Customer Service for assistance.
Expert Legal Help At Herman Legal Group, LLC
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When Donald Trump takes office on January 20, 2025, U.S. immigration policies will change and it will not be limited to the undocumented only, but also H-1B visa holders and their families.
From his previous administration, Trump’s policies will make it harder to get H1B or extend H1B, target H4 EAD, impose administrative burdens and make life of foreign workers in U.S. more complicated. During the first Trump administration, policies and regulations introduced significant changes to immigration reforms, including the H-1B visa program, which had major implications for employers and foreign workers.
These changes will impact hiring, compliance and foreign workers. Below are the changes and practical steps employees and employers can take to navigate this.
H1B Denial Trends
As Albert Einstein said:
“If you want to know the future, look at the past.”
The data tells us what to expect in the next Trump administration.
H1B denial data shows a stark contrast between Trump and Biden administration:
Trump Era (2017-2020)
- Denials reached 24%.
- Policies discouraged employers from sponsoring H-1B workers. The Trump administration’s efforts to reshape immigration policy, particularly through the Department of Homeland Security, significantly impacted the H-1B visa system.
Post-Trump Era (2021-2022)
- Denials dropped to 2%-4% under Biden, due to relaxed policies.
Project 2025
A conservative policy guidebook, “Project 2025,” outlines H1B reforms for a second Trump term:
- Wage-Based Allocations:
- Replace the lottery system with merit-based system prioritizing higher wages and advanced skills.
- Stricter Oversight:
- Increase monitoring to ensure U.S. workers are not disadvantaged by foreign hires.
- Shift to High-Skilled Labor:
- Make the program elite, only bring in the “best and brightest.”
Actions
- Increased Scrutiny:
- Bring back policies that require more documentation, increase costs and processing time for employers.
- Reduced Visa Approvals:
- Limit the number of H1B visas issued each year by tightening the eligibility criteria.
- High-Wage Jobs:
- Block entry-level positions, disadvantage recent graduates and small businesses.
What are H1B and H4 Visas?
H1B Visa Overview
- Purpose: Allows U.S. employers to hire foreign professionals in specialty occupations like technology, engineering, healthcare and education.
- Dependents: Spouses and children of H1B holders enter U.S. on H4 visas.
- Role in Economy:
- H1B holders are key to innovation and business growth.
- Many H1B workers are from India and China, countries with huge backlogs for employment based green cards.
- Tech companies are still pushing for more H1B visas, citing talent shortages in areas like semiconductor production (backed by $280 billion CHIPS and Science Act).
H4 Visa Overview
- Eligibility: Dependents (spouses and children) of H1B visa holders.
- Work Authorization: H4 spouses can work if:
- H1B visa holder has an approved I-140 petition for permanent residency or
- H1B status has been extended beyond 6 years due to green card backlogs.
WHAT IS H1B Visa: A Double Edged Sword?
H1B visa is a vital tool for U.S. companies to hire foreign talent in STEM, technology and healthcare. But it has also faced criticism for wage suppression and abuse.
1. H1B Benefits
Critical Workforce Support:
- 60% of H1B visas are issued to companies in professional, scientific and technical fields.
Program allows companies to fill skill gaps in high demand industries like IT and engineering.
Boost for Small Businesses:
- Research by Federal Reserve Bank of Richmond found that winning the H1B lottery increases a small business’s chance of survival over the next 5 years.
2. Criticisms and Controversies
Low Wage Categories
- Companies are exploiting the program to hire foreign workers at lower wages, displacing U.S. workers.
- Trump’s Truth Social’s H1B Petition in 2023 lists a $65,000 salary is an example of this.
Worker Displacement:
- Program has faced scrutiny over high profile cases like Disney’s 2014 layoffs where U.S. workers were replaced by H1B contractors and forced to train their replacements.
- Critics point to recent tech layoffs and growing number of domestic computer science graduates as reason to limit foreign hires.
Economic Impact of H1B Visa Program
Benefits
- H1B workers contribute to economic growth through innovation, entrepreneurship and increased consumer spending.
- Program has been linked to higher patent filings, research advancements and startup success.
Challenges
- Dependence on the program has led to concerns about domestic workforce development.
- Wage imbalances and perceived exploitation continues to be a criticism from labor advocates.
Trump Administration’s H1B Policy (2017-2020)
During his first term, Trump introduced policies that had a big impact on H1B program under the “Buy American, Hire American” executive order. This policy aimed to favor U.S. workers and increased restrictions on hiring foreign professionals. The changes to the deference policy also significantly impacted foreign national employees, causing confusion and challenges during the transition between administrations.
A Record of Disruption
Trump administration’s H1B policy was a departure from previous policies, favoring enforcement and control over efficiency. While it reduced fraud and backlog in some cases, it created huge problems for businesses that rely on global talent.
The repeated H1B petition processing suspensions and new requirements showed the administration’s intent to limit immigration even for highly skilled workers that are critical to U.S. economy.
Actions:
Increased Scrutiny
- Tighter application reviews.
- USCIS to approve visas only for “most skilled” or “highest paid” workers.
Higher Wage Requirements:
- Employers had to pay higher salaries to prove job complexity and specialization.
More Denials:
- H1B denial rates went from 6% in FY 2015 to 24% in FY 2018.
- Denial rates are back to historic lows under Biden but could go up again.
Site Visits:
- Increased investigations to ensure compliance, more administrative burden on employers.
No Deference:
- USCIS stopped extending prior H1B approvals, employers had to resubmit extensive documentation for renewals.
Periodic Suspension of Premium Processing.
- 2017, 2018 and 2019, USCIS suspended premium processing for all or some H1B applications.
Blocked Entry:
- During COVID-19 pandemic, Trump used 212(f) authority to block entry of certain H1B and L1 visa holders. This blocked thousands of high skilled professionals and their families from entering the U.S. and causing disruptions to businesses.
Trump’s H1B Hypocrisy: Business vs. Politics
Former President Donald Trump has been a vocal critic of H1B visa program, has called it unfair to American workers and promised to reform it. But records show that Trump affiliated businesses, including his social media platform Truth Social and his son-in-law Jared Kushner’s investment firm have used the very program he complained about. This raises questions about his political rhetoric vs business practices.
Truth Social’s H1B Use
In June 2022, Trump Media & Technology Group (TMTG), the company behind Truth Social, filed an H1B application to hire a foreign worker. The application, later approved, was surprising given Trump’s history of opposition to the program.
Application Details
- Position: Not disclosed, based in Atlanta.
- Salary: $65,000 per year, the lowest wage level under H1B program.
- Result:
- Approved by U.S. Department of Labor.
- TMTG later said they did not hire the worker and terminated the process in November 2022.
TMTG’s Statement
- A company statement blamed “prior management”:
- Quote: “The company has never hired — and has no plans to hire — an H1B visa program worker.”
- But Devin Nunes, TMTG’s CEO and a Trump loyalist, was already the CEO when the application was filed.
H1B Use by Trump Related Entities
1. Trump’s Business
- Before he was president, Trump’s businesses, including hotels, resorts and modeling agencies were frequent users of H1B program:
- Hired foreign models and hospitality staff under the visa program.
- Filed dozens of H1B petitions between 2009 and 2016.
- H1B applications from Trump businesses stopped after 2017, during his presidency.
2. Jared Kushner’s Investment Firm
- Kushner’s firm used H1B program. Unlike Truth Social’s $65,000 application, the firm offered $200,000 per year to hire a foreign associate, the highest wage level for the program.
- The application was approved, in line with Trump’s promise of high wage, high skilled foreign workers.
Trump’s H1B Position
Trump has been a vocal critic of H1B program as bad for American workers. During a 2016 Republican primary debate, he called it “very bad” and “unfair” and said it allows companies to pay foreign workers less than American workers.
Quotes
2016 Debate:
- Admitted his own businesses used the program but wanted to get rid of it.
- Quote: “I frankly use [H1B], and I shouldn’t be allowed to use it. We shouldn’t have it.”
Policy as President:
- Issued the “Buy American and Hire American” Executive Order in 2017, to reform and prioritize high wage, high skilled foreign workers.
- Said the program was used by tech companies to replace American workers with cheaper foreign labor.
H1B 2025: TRUMP II WILL FOLLOW UP ON TRUMP I
Despite Trump affiliates’ use of H1B program, a second Trump term will likely revisit the policies to restrict and re-shape the H1B program.
Here’s what was attempted and what will return:
1. Higher Wages
What Happened:
- In October 2020, DOL issued a rule to increase wages for H1B, H1B1, E-3 and PERM workers.
- Employers were caught off guard and it was implemented immediately, causing chaos.
- Employers had to pay software developers $208,000 in smaller cities, pricing out many businesses from hiring H1B workers.
- The rule was blocked in court but showed Trump’s intent to price foreign workers out of the market.
What to Expect:
- A second Trump administration will likely bring similar wage increase measures
- Wage-Based Distribution System
- A system that favors higher paying jobs, top tier foreign professionals and minimizes perceived competition with American workers.
- Modeled after Project 2025, a conservative policy proposal, this system would turn H1B into an “elite” program, focusing on high wage, high skilled workers.
- Higher wage thresholds will make hiring foreign workers more expensive, especially for entry level positions.
- A revived wage rule would make it impossible for companies to sponsor H1B workers. Many skilled professionals would lose their jobs and have to leave the US.
- H1B visas would be awarded to highest paid applicants, not through a random lottery.
Who Benefits:
- Large corporations with higher wages.
Who Suffers:
- Startups and small businesses can’t compete with high wages.
- Entry level professionals and recent graduates.
2. Definition of Specialty Occupation
The October 2020 rule tried to restrict eligibility by requiring a degree in a very specific field for a job to be considered a specialty occupation.
Additional documentation was required for third party placements and approvals for such cases were limited to one year. It is crucial to separate enforcement against illegal immigration from the processes of legal immigration, highlighting the importance of programs like the EB-5 visa as tools for economic growth.
What to Expect:
- Tighter eligibility criteria for industries like IT and consulting that use third party placements.
3. Wage-Based H1B Cap Selection
What Happened:
- Proposed regulation prioritized H1B lottery selection by wage level, higher paying roles first.
- Entry level and newly graduated international students were hit the hardest.
- The rule was blocked in court but it’s still a direction of policy.
What to Expect:
- Wage-based prioritization will severely limit opportunities for early career professionals and entry level hires.
4. Deference Policy
What Happened:
- In 2017, USCIS stopped giving deference to prior approvals during extensions and RFEs increased and denials skyrocketed.
- It created uncertainty and disrupted business operations.
- Reinstated under Biden administration, the deference policy is a memo not a regulation.
What to Expect:
- A second Trump administration will likely rescind the policy and create more uncertainty.
5. Stricter Employer-Employee Relationship
What Happened:
- The October 2020 rule required employers to show direct control over H1B workers, making it harder for placements at client sites.
- The rule limited H1B visas for workers at client sites to one year (previously three years).
What to Expect:
- A second Trump administration will likely bring back the previous restrictions on H1B workers at third party sites.
- For employers, it will add administrative and legal burden, especially for IT and tech companies that use project based or contract labor. It will increase costs for frequent renewals and make it less viable for employers to place workers at client sites.
- For employees, it will create uncertainty and instability for H1B visa holders at client sites, they will have to renew their status every year. It will reduce opportunities for workers in industries where short term project based assignments are common, like IT consulting.
H4 Work Authorization at Risk
Trump’s Previous Attempts
- In 2018, Trump administration tried to revoke the H4 EAD rule:
- USCIS announced they would rescind the regulation, citing “protecting U.S. workers”.
- It was stalled due to time constraints but showed the administration’s intent to limit H4 work.
2025 Likely Changes
Repeal of H4 EAD Rule:
- A second Trump administration will rescind the rule and many spouses will not be able to work.
- Families will face financial stress and many professionals will re think staying in the U.S.
Processing Delays:
- Administrative tactics like requiring new biometrics can extend H4 renewals to over a year without any policy change.
Who will be affected?
- Professionals in Backlogged Green Card Categories:
- Indian and Chinese nationals who wait decades for green cards.
- High Skilled Spouses:
- According to National Foundation for American Policy, 90% of H4 spouses have bachelor’s degree and 50% have graduate degree, they are valuable contributors to the US workforce.
H4 Spouse Administrative Burdens
Trump’s First Term: A Sample
- Biometric Requirements:
- USCIS introduced a rule requiring H4 spouses to submit fingerprints and other biometrics for EAD renewals and created delays.
- Processing Delays:
- Lawsuits showed that simple processes that took 12 minutes under normal circumstances were stretched to over a year.
- Intentional Hurdles:
- USCIS policies seemed designed to discourage H4 spouses from getting work authorization and many lost their jobs.
Legal Challenges and Reforms
- Edakunni v. Mayorkas
- In a lawsuit, over 40 companies including Amazon, Google and Apple supported bundling H4 EAD applications with H1B extensions to speed up processing.
- The resulting settlement reversed some of these delays but a new administration can bring back similar hurdles.
Other Potential H1B Policies in Trump II
No one has a crystal ball to see the future but here are some potential changes to the H1B visa program in the next Trump administration:
Changes
More Requests for Evidence (RFEs) and Denials
- Higher scrutiny will increase costs and delays especially for tech companies that rely heavily on H1B talent.
More Site Visits:
- More investigations to ensure compliance will add to the administrative burden for employers.
Suspension of Premium Processing
- As seen in 2017, 2018 and 2019, Trump can suspend premium processing for H1B visas and we will see longer wait times and hiring challenges.
Entry Blocked
A new Trump administration can expand these restrictions to block:
- New H1B workers from entering the U.S
- Families of H1B workers from joining them
- H1B workers from entering the U.S after traveling abroad
Buy American, Hire American (BAHA) Policies:
- Visa approvals will be evaluated against U.S workers.
Longer Processing Times:
- Operational changes within immigration agencies will lead to more procedures, longer processing times and higher denial rates. H, L and O visa petitions and others will see more scrutiny and RFEs.
More Biometric Requirements:
- Dependents applying for visa extensions will face new requirements.
Reinstated Travel Bans and Extreme Vetting:
- Some countries will see longer visa issuance times.
Extension Denials
- Under Trump, H1B extension denial rates went from 3% to 12% and many workers had to go back to their home countries.
- Mandatory interviews for employment based green cards.
- Higher Costs for Employers.
- Expect higher filing fees and compliance costs, more financial burden on small and mid-sized companies.
Stricter Cap Enforcement:
- Trump administration can enforce stricter limits on the annual cap and reduce the number of visas approved.
International Students: Changing Landscape
International students will face more regulations, employment and mobility will be impacted.
Proposals
OPT restrictions:
- 24 month STEM OPT extension may be eliminated.
- Third party site work for OPT students may be prohibited.
“Unlawful Presence” policies tightened:
- Falling out of status will have harsher consequences, complicating school transfers.
Green Card proposals for graduates:
- Mentioned during the campaign, but will require legislative action, so uncertain.
Impact on International Students:
- Students who transition to H1B within the U.S will avoid some restrictions but will face challenges if they go out and try to come back.
Worksite Enforcement: Back in Focus
Employers be prepared for more audits, raids and compliance checks.
Expected Actions
I-9 and E-Verify Audits:
- More workplace raids along with paperwork audits.
- E-Verify compliance will be more scrutinized.
FDNS Site Inspections:
- Unannounced visits to employer and third-party sites will increase, targeting immigration fraud.
Wage and Hour Audits:
- Departments overseeing H1B, H2A and H2B programs will enforce wage and work condition standards more aggressively.
DOJ Investigations:
- Discriminatory hiring practices and misuse of recruitment for PERM applications.
Impact on Businesses and Workers
For Businesses
Startups and Small Firms will be at a Disadvantage:
- Smaller companies which offer lower starting salaries will struggle to compete for foreign talent under a wage based allocation system.
Hiring/Planning Delays:
- Longer adjudication times will force companies to look elsewhere, offshore or hire remote workers. Employers will face uncertainty in hiring timelines and will have to adjust their recruitment and workforce planning.
Higher Costs:
- Higher wages, higher legal fees and compliance costs will go up, smaller employers will be discouraged to sponsor H1B visas.
Reduced Access to Talent:
- Stricter eligibility rules will limit hiring flexibility. Risk of losing skilled workers to other countries with more welcoming immigration policies like Canada and Australia, especially in STEM and healthcare fields. Reduced ability to attract and retain global talent will hurt U.S. innovation and competitiveness in the global market.
Business Disruption:
- Delays and more RFEs will disrupt operations.
Entry Level Talent Shortage:
- Wage based prioritization will disadvantage recent graduates.
For Workers
Job Security at Risk:
- Higher denial rates and administrative hurdles will make it harder for H1B workers to maintain status.
Limited Career Growth:
- Wage based prioritization will favor senior professionals, sideline younger workers and new graduates.
More Denials
- More documentation and stricter definitions will increase denial rates for H1B applicants.
Wage Inflation
- Higher minimum salaries will make it less viable for many U.S. companies, especially small and mid-sized businesses to hire foreign born professionals.
Delayed Processing
- More scrutiny will lead to longer wait times for approvals and disrupt project timelines and job opportunities.
Reduced Opportunities
- Restricting OPT programs and international student pathways will discourage foreign born students to pursue education and employment in the U.S.
Family Disruption:
- Making H1B process more unpredictable will stress H1B workers and their families. Revoking H4 EADs will put financial strain on dual income families and add more stress to H1B workers. Psychological and financial stress due to prolonged uncertainty.
Impact on U.S. Economy
The new administration will argue that restrictive H1B measures are needed to protect American jobs, but critics warn of the long term consequences:
- Talent Shortage: Technology and healthcare industries will struggle to find skilled workers.
- Global Competitiveness: Restrictive immigration policies will deter top global talent, benefitting countries like Canada and UK.
- Economic Contributions: International students and workers contribute billions to U.S. economy through tuition, taxes and innovation.
What Can Employees Do to Mitigate H1B restrictions?
Do Now:
- File for extensions, green cards or H4 EAD as soon as possible to avoid restrictions.
Stay Updated:
- Follow immigration policy changes and consult with attorneys.
Explore Options:
- Consider switching to O-1 or explore permanent residency options (like EB-5 investment green card which allows for concurrent I-485 filing as soon as possible). During Trump’s first term, stricter H1B policies led some foreign workers to explore the EB-5 program.
Legal Expertise:
- Work with attorneys to navigate these changes.
What can Employers do to mitigate H1B restrictions?
Here are some tips for employers to attract and retain foreign born talent and prepare for aggressive DHS enforcement:
- File Now: File applications, extensions and green card petitions well in advance of deadlines to avoid delays. Fast track eligible H1B petitions before new rules take effect.
- Review Job Descriptions: Make sure they meet stricter definitions.
- Compensation: Get ready for higher wage requirements.
- Explore Options: Look into other visa options for employees who no longer qualify under new H1B rules. O-1, L-1 or green cards.
- Document the job is specialized: Employers may need to provide more evidence of the role’s requirements. Enhance Documentation: Make sure all filings are detailed and error free and robust.
- Plan for OPT restrictions: Identify ways to transition OPT employees to long term visa options.
- Internal Audit: Review I-9 and E-Verify records for compliance. Make sure job descriptions and compensation packages match new requirements. Prepare documentation to prove specialty occupation.
- Vendor Compliance: Ensure electronic I-9 systems meet DHS standards.
- Train Staff: Educate HR and IT on compliance.
- Document Everything: Keep files ready for audit for visa sponsored employees.
- Budget: Plan for increased costs for filing fees, wage mandates and legal compliance.
- Contingency Planning: Consider offshoring or hiring remote workers to mitigate talent shortage risk. Identify roles that can be filled by domestic talent or through alternative recruitment strategies.
- Support affected employees: Provide resources and legal assistance to H1B workers and their families.
- Advocate: Join industry groups pushing for balanced and fair immigration policies.
- Stay Updated: Follow policies to minimize disruption to foreign born employees. Follow policy changes closely, especially from the current administration. Anticipate and plan for changes and adjust hiring accordingly.
- Legal Expertise: Work with attorneys to navigate these changes. Consult with immigration attorneys to stay updated on policy changes. Conduct training for HR teams on compliance and best practices.
Who is Stephen Miller, the H1B Architect?
Stephen Miller, one of Donald Trump’s most loyal advisors, has been reappointed as Deputy Chief of Staff for Policy after Trump’s 2024 re-election. Known for his anti-immigration stance, Miller’s influence on US immigration policies will be bad news for Indian tech professionals and other foreign workers in the US. Here’s a deep dive into Miller’s policies, his impact on H1B visa program and what’s to come.
Who is Stephen Miller?
Bio:
- Born August 23, 1985 in Santa Monica, California. Raised in a conservative Jewish family.
- Education at Duke University solidified his reputation as a conservative voice, he was an active debater and writer for campus publications.
Political Career:
- Early roles included press secretary for Reps Michele Bachmann and John Shadegg.
- He rose to fame in 2016 as a senior policy advisor for Trump’s presidential campaign and later as a senior advisor and speechwriter during Trump’s first term.
Notable work:
- Architect of key immigration policies including travel ban on Muslim-majority countries and family separation policy.
- After administration he founded America First Legal, a group advocating for conservative legal principles.
Miller back at the White House
- In his new role he will oversee policy with a big focus on immigration and national security.
- Along with Tom Homan, Trump’s pick for “Border Czar”, Miller will implement tough immigration policies including H1B visa and deportation policies.
Miller on H1B Visas
Stephen Miller has been critical of H1B visa program, saying it displaces American workers and suppresses wages. His influence has led to several H1B targeted policies:
- Stricter Eligibility Criteria
- Narrowing Specialty Occupations:
- During Trump’s first term, policies changed the definition of “specialty occupations” making it harder for professionals to get H1B visas.
- Jobs requiring general degrees like computer programming faced more scrutiny.
- Increased Denials:
- Denial rates for H1B visas went up under Miller’s influence creating chaos for employers and employees.
- Narrowing Specialty Occupations:
- Higher Wages
- Cruz-Sessions Bill Influence:
- Miller supported policies requiring H1B workers to meet a high wage threshold, like $110,000 a year, making many professionals unaffordable for the US labor market.
- This would disproportionately impact entry level and mid level roles which are often filled by Indian professionals.
- Cruz-Sessions Bill Influence:
- Restrictions on OPT and International Students
- Targeting OPT Programs:
- Miller backed policies to restrict Optional Practical Training (OPT), which allows international students to work in the US after graduation.
- Proposals included requiring students to leave the US for 10 years before reapplying for work visas.
- Targeting OPT Programs:
Stephen Miller: Personal Life and Controversies
Family:
- Married to Katie Waldman, former press secretary to Vice President Mike Pence, with three kids.
Controversies:
- Miller has been under public fire, including leaked emails in 2019 showing him promoting white nationalist content.
- Despite all this he is still a big name in conservative circles.
How does H1B Program Work?
The H1B visa program has been a part of US immigration policy for decades, allowing employers to hire foreign professionals with specialized skills in fields like science, technology, engineering and mathematics (STEM).
Despite its importance in filling workforce gaps and driving economic growth, the program faces challenges of limited supply, administrative burden and changing policies. Here’s a detailed explanation of the program, its process and its impact on US economy.
What is H1B Visa?
H1B is a nonimmigrant visa that allows US employers to hire foreign professionals for specialty occupations.
Key Facts
Eligibility:
- Jobs must be specialty occupations, typically requiring at least a bachelor’s degree or equivalent experience.
- Industries include information technology, engineering, mathematics, healthcare and academia.
Duration:
- Initial visa validity: 3 years.
- Extensions: Can be extended up to 6 years, and additional years for green card applicants facing backlogs.
- Dependents: H1B visa holders’ spouses and children can enter the US on H4 visas, and some spouses can get employment authorization (H4 EAD).
What is H1B Visa?
Step 1: Labor Condition Application (LCA)
Before filing H1B petition, employers must file an LCA with the Department of Labor (DOL) and make the following attestations:
- The hiring will not displace US workers.
- The employer is offering the prevailing wage or higher for the area and position.
- Existing employees are notified of the intent to hire an H1B worker.
Step 2: USCIS Registration and Petition
- Electronic Registration:
- Introduced in 2020 to simplify the process and reduce paperwork.
- Employers register foreign nationals for H1B lottery before filing a full petition.
- Registration fee will increase to $215 per entry in FY 2026.
- Lottery:
- If registrations exceed the cap, a random lottery will determine who can move forward.
- Cap Breakdown:
- 65,000 general visas.
- 20,000 advanced degree visas for US graduates (master’s or higher).
- Filing the Petition:
- Employers with selected registrations submit detailed petitions, including proof of the job’s specialty and foreign national’s qualifications.
Recent Changes to the Registration System
Beneficiary-Centric Approach (Introduced in FY 2025)
- Replaces the old employer-centric system.
- Prevents abuse by not allowing duplicate registrations for the same individual.
- Impact:
- Reduced attempts to game the system.
- Fairer distribution of visas across unique beneficiaries.
Challenges and Statistics
High Demand vs. Low Supply
- The cap is always oversubscribed, demand far exceeds supply.
- FY 2025:
- 470,342 registrations, down from 758,994 in FY 2024 (beneficiary-centric system impact).
- Only 114,017 were selected in the lottery.
Denial Rates Over Time
- Under Trump:
- New H1B petition denial rates were 24% in FY 2018, 14% in FY 2017 and 6% in FY 2015.
- Post-Trump:
- Denial rates dropped to 2% in FY 2022, the lowest ever, due to policy changes and legal settlements.
COVID-19 Impact
- H1B admissions were 601,594 in FY 2019, 148,603 in FY 2021 (pandemic travel restrictions).
- By FY 2023, admissions were 755,020 (travel restrictions eased).
H1B Economic Contributions
Filling Labor Gaps
- Skill shortages: H1B workers fill the talent gap in STEM fields.
- Unemployment Trends:
- Occupations with high H1B hiring (IT and engineering) have low unemployment rates even during recessions.
Boosting US Innovation
- H1B professionals contribute to technological advancements:
- More patent filings and research.
- More venture capital funding for startups with H1B workers.
- Growth, IPOs and acquisitions.
Economic Growth
Wages:
- 2021 H1B median wage: $108,000.
- US national median wage: $45,760.
Regional Impact:
- Major cities like New York City and Silicon Valley benefit the most from H1B talent.
Consumer Spending:
- H1B workers drive demand for housing, goods and services and boost local economies.
H1B Myths Debunked
Myth 1: H1B workers take jobs from US citizens
- Fact: H1B workers fill jobs that would otherwise be unfilled by US workers.
- Study: H1B hiring correlates with lower unemployment in the industry.
Myth 2: H1B workers are underpaid
- Fact: Employers must pay the prevailing wage or higher.
- 78% of H1B workers earned above the DOL prevailing wage for their job in 2019.
Myth 3: H1B workers hurt the economy
- Fact: Immigrant workers drive growth through spending, innovation and job creation.
Long term challenges for the program
Green Card Backlogs
- Impact:
- Indians and Chinese face multi-decade waits for employment based green cards.
- Many H1B workers have to extend their visas multiple times creating uncertainty for themselves and their employers.
Policy Changes
- Wage mandates or stricter selection criteria may deter employers from participating in the program.
- Higher costs and administrative burden may force companies to move jobs offshore.
FAQs: H1B Policy Changes in 2025
General
H1B Visa Holders and Applicants
Employer Specific
Overall Impact on the Workforce
Unusual Questions and Situations
How to Minimize Risks
Get Ready for a Tougher Landscape
Trump back in the White House means big trouble for H-1B workers and their families – H-4 work authorization could be gone, visa requirements could get stricter and processing times could get longer. Employers and workers need to act now by staying informed, filing early and seeking legal advice.
By preparing now you can minimize the disruption and continue to succeed in the changing legal immigration landscape.
Helpful Resources
- USCIS Processing Times
- H-1B Visa Updates
- Visa Bulletin
Stay informed, stay tuned and prepared to mitigate any disruptions to your immigration journey.
Expert Legal Help At Herman Legal Group, LLC
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If you are about to apply for an H1B visa as a consultant, then knowing basic information and familiarizing yourself with the application process will help you navigate the waters of the US legal and immigration system much more easily.
Knowing what the H1B visa is and who it is destined for is the first step in aiming at obtaining a positive outcome. It is a non-immigrant visa type, used by U.S based companies or employers that offer specialty occupation vacancies to foreign nationals and wish to bring them to the United States.
However, there are certain employer-employee standards and requirements that must be satisfied in order to qualify for the H1B visa and of course, the job vacancy itself must be listed among the specialty occupations, in this case, consultants are included. Keep reading to find out more details.
H1B visa for Consultant entry requirements
Applying for an H1B visa as a consultant involves several procedures and requirements, which we have listed below. First of all, having a valid consultancy job offer that meets the specialty occupation standards from a U.S based employer who is willing to sponsor your application is the most essential eligibility requirement, as well as having at least a bachelor’s degree in consultancy.
Afterward, your employer will have to file for a Labor Condition Application from the Department of Labor which will include and state all of their contract terms with you as the employee. Your employer will also have to demonstrate that he did not find any qualified U.S. applicants for the job and that you have the needed skills and expertise to perform the job duties. Then, the U.S. Citizenship & Immigration Services will conduct a random lottery to select the applications that will be going on to processing.
Then, if they select your application, that will allow your employer to move on to the next step by officially filing a petition starting April 1st of that year. Then, if the petition is approved, you can choose one of the following:
- Either wait for your employment start date which is October 1st. Then, your status will be automatically adjusted to H-1B. In this case, this would be the ideal option if you are already in the United States but have a different non-immigrant visa type.
- If you are outside of the U.S. borders, then the next step would be to go to a U.S. consulate or embassy for the purpose of obtaining a visa stamp and entering the country under an H-1B status.
Consultant H1B Sponsorship Data
Year | Approval Rate | Denial Rate |
2022 | 99.76% | 0.24% |
2021 | 99.78% | 0.22% |
2020 | 100.00% | 0.00% |
2019 | 99.89% | 0.11% |
2018 | 99.40% | 0.60% |
2017 | 99.18% | 0.82% |
2016 | 99.43% | 0.57% |
2015 | 98.96% | 1.04% |
Average prevailing wages and top employers for Consultant in the U.S
For most of small business consulting firms consultants get paid on average a salary ranging between $65,000 and $70,000. While Senior consultants earn an average salary of $112,000-$120,000. On the other hand, for top hiring firms average salaries for consultants are between $80,000 and $149,500.
Company Name | Average Median Salary for H1B Visa for Consultant |
Deloittensulting | $96,576 |
Wipro | $84,019 |
The Boston Consulting Group | $179,747 |
Genpact | $85,793 |
Sonata Software North America | $73,474 |
Latentview Analytics | $116,316 |
IBM | $114,229 |
L.e.k. Consulting | $165,000 |
Bain & | $166,750 |
Headstrong Services | $95,276 |
However, as of early 2023, H1B visa sponsors such as Deloittensulting, Wipro, The Boston Consulting Group, Genpact, and Sonata Software North America are successively ranked as the top 5 hiring parties applying for Labor Condition Applications.
Top-hiring Cities for Consultants in the United States
The top-hiring and highest-paying consulting firms in the US are mainly located in New York, San Francisco, and Boston, take a look at the following table for detailed insight.
Rank | City | Average Salary |
1 | New York, NY | $135,381 |
2 | San Francisco, CA | $153,056 |
3 | Seattle, WA | $137,843 |
4 | San Jose, CA | $147,643 |
5 | Austin, TX | $117,909 |
6 | Chicago, IL | $111,267 |
7 | Sunnyvale, CA | $154,276 |
8 | Atlanta, GA | $105,984 |
9 | Mountain View, CA | $162,028 |
10 | Houston, TX | $105,542 |
11 | Irving, TX | $105,663 |
H1B visa for Consultant Basic Processing Information
Processing time for an H1B visa varies depending on the service center in which it is being processed.
- Regular H1B visa processing; takes from 1 to 6 months. But it also depends on the service center. The California and Nebraska Service Centers usually take 2.5 to 4.5 months for processing H1B visas, The Vermont Service Center takes around 12 to 15 months to do so.
- Premium H1B visa processing; Specifically destined for employers who do not want to wait for a long period of time. With Premium processing, the petition will be processed within 15 days of the submission date.
- Expedited H1B visa processing: Expedited processing requires certain criteria such as the following:
- In case there is a severe financial loss to the US employer or foreign employee;
- There is an emergency situation;
- For humanitarian reasons;
- The petition is filed from a US Nonprofit Organization that will benefit the cultural and social interests of the US;
- In Case the petition is from a US government entity due to national interest from the US Department of Defense;
- In case there was an error from the USCIS.
- In case the petition is of compelling interest to USCIS.
H1B Visa Fees
Type of fee | Amount in $ | Paid for by |
Registration Fee | $10 | Employer |
Premium Processing Fee (optional) | $2,500 | Employer or Employee |
Public Law 114-113 Fee | $4,000 | Employer |
Basic Filing Fee | $460 | Employer |
USCIS Anti-Fraud Fee | $500 | Employer |
ACWIA Education and Training Fee | $750 (less than 25 employees)$1,500 (more than 25 employees) | Employer |
Attorney Fee | Variable | Employer |
Get Help From Herman Legal Group
If you are a consultant and about to apply for an H1B visa in the United States and are looking for legal guidance, contact Herman Legal Group. We are an award-winning immigration law firm, founded in 1995, and experienced in all areas of immigration: family, employment, investor, deportation defense, and citizenship.
Sit down with attorney Richard Herman or one of the lawyers at Herman Legal Group to get experienced immigration help and let them analyze the facts to come up with the best legal strategy for your situation at your convenience.
You can schedule a personal consultation with Attorney Richard Herman by calling 1-216-696-6170, or by booking online. Consultations can be conducted via Zoom, Skype, Whatsapp, Facetime, phone, or in-office. We are looking forward to helping you!
H1B visas are non-immigrant visa types used mostly by employers or businesses within the United States who want to bring workers from foreign countries to occupy job vacancies that requires specialized skills and proficiency.
This includes all specialty occupations performers, among which project managers, they usually require certain conditions such as a high level of education mainly a bachelor’s degree in a field directly related to the job position which is in this case is project management, as well as other criteria that involve the applicants skills and expertise.
Therefore, in order to apply for an H1b visa, project managers must meet the eligibility requirements and the job vacancy itself must fulfill the specialty occupation standards that are imposed by U.S law. Keep reading for more details.
H1B Visa for Project Manager entry Requirements
To be eligible to apply for an H1B visa as a project manager, the minimum educational level acceptable has to be a bachelor’s degree in the field of project management, as well as an employer-employee relationship with a U.S. employer who is filing the petition for your visa.
Which means that in addition to having a valid job offer in a field directly related to project management it must also meet the specialty occupation standards, which include the following conditions listed below:
- The minimum entry level to the H1B visa programs is having a bachelor’s degree, higher, or its equivalent similarly used by other workers hired to fulfill the same job position that you are applying for in the United States.
In this case it is worth knowing that when evaluating a foreign degree, the U.S rules and regulations allow the consideration of the applicant’s experience, by substituting 3 years of progressive and relevant experience in that specific field, in this case project management as an equivalent of one year of college.
- Having a valid job offer with a trustworthy employer in the U.S that fully understands his role and duties in bringing you to the United States, including payment of all application fees and providing you with a sustainable wage commonly paid to US workers occupying the same job position as you, meaning the same wage paid in the area of employment.
- Your employer must apply for a certified Labor Condition Application (LCA) from the Department of Labor, this certification includes the terms and conditions of their contract with you as a new project management employee.
- Your employer has to demonstrate that he did not find any qualified U.S applicants for the job.
- You must have the needed skills and expertise to perform the job duties.
The above mentioned are some of the requirements that must be fulfilled in order to be eligible and qualify for an H1B visa for project managers.
Project Manager H1B Sponsorship Data
Year | Approval Rate | Denial Rate |
2022 | 99.85% | 0.15% |
2021 | 99.51% | 0.49% |
2020 | 99.92% | 0.08% |
2019 | 98.90% | 1.10% |
2018 | 99.02% | 0.98% |
2017 | 99.14% | 0.86% |
2016 | 99.14% | 0.86% |
2015 | 98.72% | 1.28% |
Average prevailing wages and top employers for Project Manager in the U.S
Project Managers earn on average $94,874 in the United States. While the average additional cash compensation is estimated at $10,270, which makes the average total salary of Project Managers in the United States $105,144. More details are listed below.
Company Name | Average Median Salary for H1B visa for Project Manager |
Consultadd | $93,185 |
Tata Consultancy Services | $99,634 |
Tech Mahindra | $95,659 |
Accenture | $120,567 |
IBM | $104,971 |
System Soft Technologies | $85,689 |
Compunnel Software Group | $104,076 |
Atos Syntel | $94,733 |
Adroit Associates | $80,129 |
Coforge F/K/A Niit Technologies | $93,643 |
Project Manager top-hiring Cities
The field of project management in the United States is subject to an estimated 7% growth between 2021 and 2031, with around 70,400 vacancies for project management in some of the top-hiring and highest paying cities in the US, including New York, San Francisco and Chicago, more details are listed below.
Rank | City | Average Salary |
1 | New York, NY | $126,408 |
2 | San Francisco, CA | $142,808 |
3 | Seattle, WA | $132,944 |
4 | Chicago, IL | $105,061 |
5 | Sunnyvale, CA | $145,710 |
6 | San Jose, CA | $136,951 |
7 | Atlanta, GA | $100,771 |
8 | Houston, TX | $103,969 |
9 | Austin, TX | $109,341 |
10 | Charlotte, NC | $105,109 |
11 | Mountain View, CA | $151,855 |
H1B visa for Project Manager Basic Processing Information
H1B visa processing usually approximately takes between six to nine months. California and Nebraska Service Centers take on average between 2.5 to 4 or 6 months, the Vermont Service Center however usually takes much longer to process H1B visas.
You can use your USCIS receipt number that is made up of 13 digits to find out where your application is being processed. You may also pay for premium processing which offers 15 day processing time if you wish to speed up the process.
H1B Visa Fees
H1B visa for project manager fees are paid for by the employer. The U.S law forbids the payment of H1B visa fee by the employee except for the premium processing fees which are optional. More details about the type and cost of each fee are listed below.
Type of fee | Amount in $ | Paid for by |
Registration Fee | $10 | Employer |
Premium Processing Fee (optional) | $2,500 | Employer or Employee |
Public Law 114-113 Fee | $4,000 | Employer |
Basic Filing Fee | $460 | Employer |
USCIS Anti-Fraud Fee | $500 | Employer |
ACWIA Education and Training Fee | $750 (less than 25 employees)$1,500 (more than 25 employees) | Employer |
Attorney Fee | Variable | Employer |
Get Help From Herman Legal Group
If you are Thinking about applying for an H1B visa for project manager in the U.S, you will surely need the steady hand of an experienced immigration lawyer to navigate the rough waters of U.S. immigration law.
You can seek out professional counsel help from Herman Legal Group, a U.S. immigration law firm with over 25 years of experience in representing individuals, families and companies in all aspects of immigration law, in all 50 states and around the world.
Keep in mind that a consultation can help uncover the winning strategy and bring peace of mind. Schedule a personal consultation with Attorney Richard Herman by calling 1-216-696-6170, or by booking online. Consultations can be conducted by Zoom, Skype, through the phone, whatsapp, facetime, or in-office.
H1B visas for developers are non-immigrant temporary visas destined for foreign nationals, who are eligible to work in vacancies in their related field for US based employers, companies or institutions.
Both the foreign H1B visa applicant and his employer must satisfy the specialty occupations standards. These “standards” imposed by the Immigration and Nationality Act, section 101(a)(15)(H) allow foreign individuals to come to the U.S for the purpose of working under an H1B visa contract, the duration of stay is mainly three years, can be extended to six years afterwards, the applicant may need to reapply in case they want to lengthen their stay.
The minimum entry level for applying to an H1B visa is a bachelor’s degree, among other requirements which we will be stating below. Therefore, if you are a developer who just secured a new job with a U.S based employer and need more insight on everything related to the H1B visa, then you came to the right place! Keep reading for more details.
H1B Visa For Developer Entry Requirements
Like all of the specialty occupations, there are certain requirements that must be satisfied in order to qualify and be eligible for a position as a developer in the U.S through an H1B visa.
The complex and challenging nature of a developer’s specialization which involve providing upgrades, bug fixes, testing, writing debugging and making other changes to programs and applications with the aim of improving the customer’s experience makes it a specialty occupation for which US based employers may hire foreign nationals and bring them to the United States, of course if other requirements are fulfilled, some of which include the following:
- The applicant has to be a holder of a bachelor’s degree as minimum entry level in a field directly related to developing, that degree should also be common in similar industries among other people who work as developers in the United States.
- The employer should file a labor condition with the Department of Labor. That labor condition will state the details, terms and conditions of his work contract with the foreign developer.
- You must have the needed skills and expertise to perform the job duties.
- The employer should also demonstrate and prove that there were no qualified U.S applicants for the job.
- Your employer has to pay all the fees and charges of the H1B visa. However, you may pay the premium processing fees.
These are some of the most pertinent rules and conditions imposed to any H1B visa contract between an employer and a foreign employee, you can find more details at the USCIS H1B eligibility criteria.
Developer H1B Sponsorship Data
H1B visas for Developers have a relatively high approval rate, the highest denial percentage for the last few years has been recorded in 2015 for an estimation of 0.78% denied petitions and 99.22% approved ones. Take a look at the following table for more details:
Year | Approval Rate | Denial Rate |
2022 | 99.80% | 0.20% |
2021 | 99.95% | 0.05% |
2020 | 100.00% | 0.00% |
2019 | 99.78% | 0.22% |
2018 | 99.82% | 0.18% |
2017 | 99.65% | 0.35% |
2016 | 99.65% | 0.35% |
2015 | 99.22% | 0.78% |
Average prevailing wages and top employers for Developers in the U.S
The average income for developers in the United States was estimated at $110,140 per year making that $9,178 as a monthly wage. More specifically, the average income for Junior developers is around $69,354 per year for $5,779 each month. On the other hand, the average senior developer salary, on is estimated at $104,188 per year or $8,682 per month.
Company Name | Average Median Salary for Developers |
Tata Consultancy Services | $93,736 |
Nagarro | $86,277 |
Proficient Business Systems | $89,427 |
Sap Labs | $121,080 |
SuccessFactors | $115,296 |
Concur Technologies | $113,513 |
Ariba | $118,804 |
Akuna Capital | $153,750 |
Flexton | $124,068 |
Health Care Service | $98,485 |
Developer Top-Hiring Cities
Developer field has witnessed an important growth during the last few years, in both the average salary and job volume and vacancies available within the United States. The areas that pay the highest salaries for developers include San Jose, San Francisco, Seattle, Wenatchee, and Oxnard. More details are shown below:
Rank | City | Average Salary |
1 | New York, NY | $135,381 |
2 | San Francisco, CA | $153,056 |
3 | Seattle, WA | $137,843 |
4 | San Jose, CA | $147,643 |
5 | Austin, TX | $117,909 |
6 | Chicago, IL | $111,267 |
7 | Sunnyvale, CA | $154,276 |
8 | Atlanta, GA | $105,984 |
9 | Mountain View, CA | $162,028 |
10 | Houston, TX | $105,542 |
11 | Irving, TX | $105,663 |
H1B visa for Developer Basic Processing Information
H1B visa processing time differs from the rest of the visa categories, mainly depending on the circumstances that involve the service center as well as the workload within that service center.
In addition to the fact that it involves multiple different government agencies for processing which may lengthen or shorten the procedures depending on the situation, that includes the Department of Labor (DOL) as well as the US Citizenship and Immigration Services (USCIS).
The USCIS usually takes between 3 weeks to 11 months to review the eligibility criteria and determined whether the applicant should be granted an H1B visa or not.
However, the service center itself plays a very important role in determining the processing time. While the Vermont Service Center takes a long time to process H1B visas, the California and Nebraska Service Centers on the other hand process H1B visas for an average of 2.5 to 4.5 months.
If the petition is approved, then the H-1B visa will be issued. So preparing your application correctly and providing the necessary documentation since the beginning would be very helpful and will help you gain more time to your advantage.
Therefore it would be a good idea to consult with a specialized immigration attorney before applying.
H1B Visa Fees
Type of fee | Amount in $ | Paid for by |
Registration Fee | $10 | Employer |
Premium Processing Fee (optional) | $2,500 | Employer or Employee |
Public Law 114-113 Fee | $4,000 | Employer |
Basic Filing Fee | $460 | Employer |
USCIS Anti-Fraud Fee | $500 | Employer |
ACWIA Education and Training Fee | $750 (less than 25 employees)$1,500 (more than 25 employees) | Employer |
Attorney Fee | Variable | Employer |
Get Help From Herman Legal Group
If you are a developer planning to apply for a job position in the United States through an H1B visa and Need help navigating the complex immigration laws and procedures? We can help.
Herman Legal Group, founded in 1995, By Attorney Richard Herman, a national speaker, advocate, and author. He co-authored the acclaimed book, “Immigrant, Inc.” serves clients in all 50 states and Canada, and throughout the world.
Their team speaks over 12 languages, including Spanish, Arabic, Chinese, French, Russian, Serbian and Bulgarian. Schedule a consult with one of the experienced immigration lawyers at Herman Legal Group by calling 1-216-696-6170, or by booking online.
Consultations can be conducted by Zoom, Skype, WhatsApp, Facetime, or In-office.
The H1B visa type is a non-immigrant visa category especially used by employers or businesses that are located in the United States and want to bring workers from foreign countries to occupy job vacancies that meet the specialty occupation standards.
All specialty occupations performers such as assistant professors are eligible for H1B visas, they usually require certain requirements such as a specific level of education mainly a bachelor’s degree in a field directly related to the job position, as well as other criteria that involve the applicants high skills and expertise.
Therefore, in order to apply for an H1b visa, the applicant must meet the eligibility requirements and the job vacancy itself must fulfill the specialty occupation standard that are imposed by the USCIS. We will be exploring more details in this article, keep reading to know more.
H1B Visa For Assistant Professor Entry Requirements
As mentioned above assistant professors are already defined as specialty occupations, however in order to be eligible to apply for an H1B visa for assistant professors, the following important requirements, among others, must be satisfied:
- A bachelor’s degree, higher, or its equivalent, are normally the minimum entry level condition into the teaching position as an assistant professor.
- The applicant must possess at least a bachelor’s degree or higher or its equivalent in a field that is related to the job position that they are applying for.
- The applicant’s educational course must be the equivalent to a U.S. bachelor’s degree.
However, one thing that is worth knowing and keeping in mind is the fact that when evaluating a foreign degree, the U.S regulations allow the consideration of the applicant’s experience, by substituting 3 years of progressive and relevant experience in that specific field as an equivalent of one year of college.
- The foreign applicant must possess the necessary license in jurisdictions or institutions where it is demanded. However, in case the applicant is unable to provide the licensure before coming to the U.S. or obtaining a social security number, he or she can present proof from the licensing board documenting that he or she has met all of the requirements for the license but for status in the U.S. or a social security number.
- Before finally submitting the H1B petition at the USCIS, the employing party, in this case usually an institution will have to apply for and obtain a certified Labor Condition Application (LCA) from the Department of Labor that included the terms and conditions of their contract with the new employee. Which also implies that by getting the Labor Condition Application, the employer guarantees, among other things, that:
They are responsible for paying the H1b applicant’s (assistant professor) wage. which have to be similar to the wages paid by other employers to employees working on the same positions in similar industries, therefore the same prevailing wage in the area of employment.
They will provide to the foreign assistant professor with working conditions that will not adversely affect the working conditions of U.S. assistant professors similarly employed in the area.
Assistant Professor H1B Sponsorship Data
Year | Approval Rate | Denial Rate |
2022 | 99.8% | 0.19% |
2021 | 99.94% | 0.06% |
2020 | 99.98% | 0.02% |
2019 | 99.41% | 0.59% |
2018 | 98.77% | 1.23% |
2017 | 98.85% | 1.15% |
2016 | 98.72% | 1.28% |
2015 | 97.96% | 2.04% |
Average prevailing wages and top employers for Assistant Professor in the U.S
Even though the national U.S average salary for assistant professors in 2022 was estimated at $98,669. That estimation is subject to significant variations based on the location as well as the employing institute. Below are some of highest paying institutions for Assistant professors in the United States as well as their median average salaries.
Institution Name | Average Median Salary for H1B Assistant Professors |
University Of Oklahoma Health Sciences Center | $150,822 |
The Pennsylvania State University | $99,333 |
The Univ. Of Ala. At Birmingham (Uab) | $216,001 |
Purdue University | $112,318 |
University Of Wisconsin-System | $122,976 |
University Of Alabama Health Services Foundation, Pc | $229,340 |
Board Of Regents Of The University Of Nebraska | $80,061 |
Rutgers, The State University Of New Jersey | $148,176 |
Emory University | $195,791 |
Medical University Of South Carolina | $175,878 |
Assistant Professor top-hiring Cities
There are many assistant professor vacancies in the U.S, a large number of highest paying institutions for those vacancies are located in the regions shown below.
Rank | City | Average Salary |
1 | New York, NY | $135,381 |
2 | San Francisco , CA | $153,056 |
3 | Seattle, WA | $137,843 |
4 | San Jose, CA | $147,643 |
5 | Austin, TX | $117,909 |
6 | Chicago, IL | $111,267 |
7 | Sunnyvale, CA | $154,276 |
8 | Atlanta, GA | $105,984 |
9 | Mountain View, CA | $162,028 |
10 | Houston, TX | $105,542 |
11 | Irving, TX | $105,663 |
H1B visa for Assistant Professor Basic Processing Information
H-1B petitions are much more complicated than other type of visas, that is mainly because they involve multiple different government agencies for processing, that includes the Department of Labor (DOL) as well as the US Citizenship and Immigration Services (USCIS).
All H-1B petitions for Boise State University are filed through the Center for Global Engagement (CGE). Keep reading for more details about the processing time-frame for an H1B application for assistant professors.
After successfully preparing all the required paperwork and submitting the application at the USCIS, it can take between 3 weeks to 11 months to review the eligibility criteria and determined whether the applicant should be granted an H1B visa or not.
That period of time depends on many circumstances such as the service center. The California and Nebraska Service Centers process H1B visas for an average of 2.5 to 4.5 months, while the Vermont Service Center takes much longer to process H1B visas.
For example during COVID-19 closures, the USCIS approved multiple H1B visa applications in the time-frame of 2 weeks. Within 90 days of being selected, the employers can then file their petitions at the USCIS for processing and pay the required filing fees and supporting documents. If the petition is approved, then the H-1B visa will be issued.
H1B Visa Fee
Type of fee | Amount in $ | Paid for by |
Registration Fee | $10 | Employer |
Premium Processing Fee (optional) | $2,500 | Employer or Employee |
Public Law 114-113 Fee | $4,000 | Employer |
Basic Filing Fee | $460 | Employer |
USCIS Anti-Fraud Fee | $500 | Employer |
ACWIA Education and Training Fee | · $750 (less than 25 employees)· $1,500 (more than 25 employees) | Employer |
Attorney Fee | Variable | Employer |
Get Help From Herman Legal Group
If you are considering applying for an H1B visa for assistant professor you need the steady hand of an experienced immigration lawyer to navigate the rough waters of U.S. immigration law. Seek out counsel help from Herman Legal Group, a U.S. immigration law firm with over 25 years of experience in representing individuals, families & companies in all aspects of immigration law, in all 50 states and around the world.
Keep in mind that a consultation can help uncover the winning strategy, schedule a personal consultation with Attorney Richard Herman by calling 1-216-696-6170, or by booking online. Consultations can be conducted by zoom, skype, whatsapp, facetime, or in-office.
The H1B visa which is a non-immigrant temporary work visa is initiated by a U.S based employer for the benefit of a foreign worker to occupy a job position that meets the specialty occupation standards.
Before initiating the H1B visa procedures for a foreigner the employer must prove that he was not able to find an American employee who is qualified enough to perform the work among other eligibility requirements. Some of these requirements involve the applicant having theoretical and practical knowledge as well as holding at least a bachelor’s or higher degree in the work field or in a directly related field as a minimum entry level into the occupation.
H1B Visa for Senior Software Engineer Entry Requirements
The H1B visa cap plays a big role in granting these type of visas, as they are in high demand and currently the fiscal year cap is at 65,000. In addition to that, 20,000 extra visas are available for Masters Degree holders, so if you have a masters degree from a U.S institution then you are lucky!
Keep in mind that if your employer is an institution of higher education, a nonprofit organization connected to an institute of higher education, or a government research organization, then in your case the visa cap does not apply. If your specialization is subject to the U.S H1B visa cap, then you have to electronically register with the USCIS and enter the lottery, either by doing so yourself or through the help of an attorney.
- A valid job offer matching the specialty occupation criteria, in this case a vacancy for the role of senior software engineer from a U.S. employer requiring knowledge Proof of at least a bachelor’s degree in this field.
- A Labor Conditions Approval (LCA) presented by your employer concerning the details, terms and conditions of your work contract.
- Form I-129 submitted by your employer.
- Proof of a stable “employer-employee” relationship, meaning that the employer must pay a regular salary to the foreign worker. Usually by paying the prevailing wage, or the actual wage (whichever is higher) for the position of senior software engineer in the geographic area of the employment similar to other companies in the same industry, and receive the standard and basic employee benefits provided by the employer.
Senior Software Engineer H1B Sponsorship Data
H1B visa applications for senior software engineering job positions have had a relatively high approval rate between 2015 and 2022. With a highest denial rated of 1.38% for both 2015 and 2016.
Year | Approval Rate | Denial Rate |
2022 | 99.86% | 0.14% |
2021 | 99.81% | 0.19% |
2020 | 100.00% | 0.00% |
2019 | 99.60% | 0.40% |
2018 | 99.14% | 0.86% |
2017 | 99.04% | 0.96% |
2016 | 98.79% | 1.21% |
2015 | 98.44% | 1.56% |
Average prevailing wages and top employers for Senior Software Engineer in the U.S
The average salary of a senior software engineer in the U.S is estimated at 150$ with an additional cash compensation of $21,832 making a total of $172,642. However, that remains subject to variations depending the geographic location of the job as well as the employing company itself.
Company Name | Average Median Salary for H1B Senior Software Engineer |
Wal-Mart Associates | $138,733 |
Bloomberg | $189,829 |
Uber Technologies | $183,632 |
Epam Systems | $117,100 |
Microsoft | $159,169 |
Intuit | $158,531 |
Capital One Services | $116,755 |
Globallogic | $120,633 |
Lowe’s Companies | $129,976 |
Salesforce.Com | $136,854 |
Senior Software Engineer top-hiring Cities
Some of the top-hiring areas in the United States for senior software engineers in no particular order, include California, Texas, Colorado as well as Massachusetts. Find out more details below!
Rank | City | Average Salary |
1 | New York, NY | $126,408 |
2 | San Francisco, CA | $142,808 |
3 | Seattle, WA | $132,944 |
4 | Chicago, IL | $105,061 |
5 | Sunnyvale, CA | $145,710 |
6 | San Jose, CA | $136,951 |
7 | Atlanta, GA | $100,771 |
8 | Houston, TX | $103,969 |
9 | Austin, TX | $109,341 |
10 | Charlotte, NC | $105,109 |
11 | Mountain View, CA | $151,855 |
H1B visa for Senior Software Engineer Basic Processing Information
In general the processing time of an H1B visa varies between 1 to 6 months but it can take more than that, up to one year depending on the circumstances as well as the service center. While the California and Nebraska Service Centers take on average between 2.5 to 4 or 6 months, the Vermont Service Center however usually takes much longer to process H1B visas and you can use your uscis receipt number that is made up of 13 digits to find out where your application is being processed.
You may use premium processing which offers 15 day processing time if you wish to speed up the process.
H1B Visa Fee
H1B visa fees which are listed below, must be paid by the employer. The only exception which allows the employee himself to pay is the premium processing fee. Considering that it is optional and it grants the possibility of speeding up the visa processing procedures.
Type of fee | Amount in $ | Paid for by |
Registration Fee | $10 | Employer |
Premium Processing Fee (optional) | $2,500 | Employer or Employee |
Public Law 114-113 Fee | $4,000 | Employer |
Basic Filing Fee | $460 | Employer |
USCIS Anti-Fraud Fee | $500 | Employer |
ACWIA Education and Training Fee | $750 (less than 25 employees)$1,500 (more than 25 employees) | Employer |
Attorney Fee | Variable | Employer |
Get Help From Herman Legal Group
If you are considering applying for an H1B visa for Senior Software Engineer and need help navigating complex immigration laws and procedures, we can help. Contact Herman Legal Group, a U.S. immigration law firm with over 26 years of experience in representing individuals, families and companies in all aspects of immigration law, in all 50 states and around the world.
Schedule a personal consultation with Attorney Richard Herman by calling 1-216-696-6170, or by booking online. Consultations can be conducted by zoom, skype, whatsapp, facetime, or in-office. The team is friendly, professional and looks forward to helping you!
So, you have successfully aced your interview with a US-based business – congratulations! Before you pack your things, get excited about working in the US, and plan your trips to many landmarks across the US, let us first tell you about the next steps in the procedure for your migration and citizenship in the US, specifically if you are coming through an EB-3 employment-based green card.
EB-3, or Employment Third Preference E-3, is an immigration program that allows eligible people to legally work and live in the US by procuring an employment-based green card. This program is also one of the fastest methods to obtain a US Green Card and become a lawful permanent resident of the United States.
Several steps are involved in obtaining an EB-3 employment-based green card, but none is more critical for the successful outcome than the Prevailing Wage Determination (PERM) process. In this detailed narrative, we will discuss several aspects of the PERM procedure in the EB-3 immigration program, which will help you prepare your case in the best possible way.
What is Prevailing Wage Determination?
The PERM (Prevailing Wage Determination) is a permanent labor certification program that protects the job rights and working conditions of a native US national. Whenever an employer operating in and a permanent US citizen decides to hire someone for a job from outside of the United States, they are first required to initiate a detailed recruiting process within the US to see if there is already a qualified US citizen available to do the work.
US employers/companies must do an intensive recruitment process that includes a variety of marketing sources and a time limit of at least a 30-day job posting. The business/employer must wait another 30 days for eligible candidates to respond to the job requirement.
Suppose, during this period, and the employer doesn’t find any eligible candidate within the United States. In that case, they can then file for an EB-3 employment-based visa and green card for the selected foreign individual and request the National Prevailing Wage Center (NPWC) for prevailing wage determination data, an official service with the US Department of Labor.
In some cases, employers can also get wage data from government-recognized sources such as the Foreign Labor Certification Data Center (FLCDC) website. However, a private wage survey is also eligible in some instances, but it is recommended to consult an immigration attorney to get a legally-accepted report before filing. Immigration attorneys at Herman Legal Group can provide crucial help in preparing a conducive petition for you.
The Department of Labor will then determine the wage paid for that specific skill in the region where the business is located. The PERM application processing time could be around 60 to 90 days, while the period for wage determination is between a few weeks to over two months.
For the application to process further, the employer must agree to pay that wage to the incoming foreign worker and need to provide surety of being financially capable of delivering that wage continually. The employer had to show evidence of bank statements and salary/pay slips of a similar workforce in their organization.
There is more information available on the prevailing wage process and methodologies at the US Department of Labor website here.
What Are the Employer Requirements for Getting a PERM Labor Certificate?
The PERM stands for Program Electronic Review Management System Labor Certification. It is an e-processing system – made by the US Department of Labor – to facilitate labor certification filing for an employment-based green card. More information on the enaction and a detailed description of this system can be found on the US Department of Labor Employment and Training Administration website.
The requirements for an employer to get a PERM labor certification are varied. But the foremost of them is to ensure the USCIS that the admission of a foreign worker in the US will not, and must not, adversely affect the wages, working conditions, and job opportunities for the native US workforce.
To meet this end, it is the employer’s responsibility to file a PERM prevailing wage determination request to the Department of Labor, which will then be used to certify that the above stringent requirement is precisely met by the US Citizenship and Immigration Services (USCIS). The USCIS will then facilitate an employment-based visa and green card for the foreign worker.
Apart from meeting the unavoidable requirement mentioned above, the employer must also have to follow these requirements to get a PERM labor certificate:
- The company/employer must not tailor job requirements based on the foreigner worker’s skill set.
- The company/employer must be financially capable to pay the prevailing wage or greater.
- The company/employer must successfully demonstrate that there are no qualified workers available for the job within the US.
- The company/employer must offer a full-time job.
- The company/employer must demonstrate that the position/wage of the foreign worker will not adversely affect the working conditions/wages of the native US workers.
Once these requirements are successfully met, the company/employer will become eligible to file an employment-based immigration petition to the USCIS on behalf of the foreign skill-worker.
What is the ‘Prevailing Wage Determination’ Validity Timeframe?
According to the official document on the DOL website, the validity period for a PERM prevailing wage determination is from 90 days to a year.
The determination report should be submitted as soon as received by the employer, within the validity period, along with the PERM recruitment file and Labor Certification to the USCIS.
One of our advanced guides on perm processing, timings, and costs can help you get a more in-depth look at the subject of validity and processing time for perm wage determination procedure over here.
What Are the Steps in the ‘PERM Labor Certificate’ Process?
The PERM process is a long and multi-faceted one. We will briefly lay out the entire procedure through which a US-based employer can successfully sponsor a foreign employee for employment-based immigration and green card. Here are the steps:
Filing the “prevailing wage determination request” to the US Department of Labor via Form ETA 9141.
The first step in obtaining a ‘PERM Labor Certificate’ is to file a “Prevailing Wage Determination” (PWD) request to the US Department of Labor on their official ‘FLAG System’ at the DOL website (https://flag.DOL.gov/). This step is done by the US-based company/employer on behalf of the foreign worker they are seeking to hire.
The US-based company/employer needs to use Form ETA 9141 to fill out this request. This request, and all the processing for almost all visa programs, are now processed electronically on DOL’s FLAG website since the June of 2019.
Form ETA 9141 highlights such information to the DOL as:
- Minimum requirements for the job
- Job duties to be performed
- Worksite location
- Employer’s information
Based on this information, DOL studies and issues a prevailing wage determination (PWD) to the employer. This PWD report will include information about the minimum wage for the specific job in that specific location/region of the work site. The employer must have to agree to pay the prevailing or greater wage for the job described in that specific location/region.
However, PWDs may vary according to the geographic location of a company/employer in a specific region of the United States. For those who prefer to download and fill out the form ETA 9141 at their convenience, they can download the form from the official DOL library here. You can find more helpful material on the documentation of PERM in the official form section at the DOL website here.
Initiating an Intensive Local Recruitment Campaign
After filing the prevailing wage determination request with DOL, the next step is to initiate an intensive recruitment procedure for the vacant post. This step is crucial for obtaining the PERM certificate because it will ensure the DOL that no viable US worker is available to fill the vacant position. Thus, the DOL will then be liable to issue a PERM labor certificate to the employer.
Here is how the PERM job advertisement process works:
1. The company/employer is required to post the job ad with their State Workforce Agency (SWA). The job shall be placed on the actual State Workforce Agency portal where the employer/company is looking to fill the position.
2. The employer must have to post a job order in “good faith” recruitment, which means that the job order must be prepared in such a way as to attract any available US worker.
3. Along with posting the job advertisement with the State Workforce Agency, the company/employer must also place the job order in a major newspaper in the intended employment area/region. The job advertisement should be placed in two different Sunday editions of the paper.
4. The employer/company must also post the job offer internally. This includes posting the job offer on the physical premise of the worksite location, town hall, or union hall; specifically for those recruitments that are in rural or remote areas of the United States.
5. On top of these job posting requirements, the employer/company must utilize 3 additional methods for placing the job order. The following is the list of additional recruitment methods out of which 3 ways must have to be used:
- Using a local job fair/seminar event
- Posting on popular job search engines (e. g. Indeed.com)
- Placing the job advertisement in a trade or talent recruiting firm
- Placing the job offer on the local College/University campus
- Running the job advertisement on local radio or television channel
6. All the job placements must be run actively for 30 days. After this period ends, the employer/company must wait another 30 days for an eligible US worker to respond to their job offer.
And that is how the PERM job advertisement step is done. However, since this step is utterly crucial for the success of your PERM initiative, and it involves a diversity of methods, it is highly recommended to consult an experienced immigration law firm to get you through. This will greatly help you to prepare a strong case for PERM certification.
Filing PERM application using Form ETA 9089 to the US Department of Labor
Once the combined two months period has been passed – 30 days with live job ad and 30 days response period – and the employer/company did not find any viable US worker for the job, the employer/company can now file the PERM application using Form ETA 9089. However, if the job position falls in the category of professional occupation, you can choose to have one of three recruitment mediums!
The form ETA 9089 is an application form to get permission to employ a non-US worker. This form is filled out by the sponsoring employee/company to the US Department of Labor (DOL) on behalf of the foreign worker they are going to hire. This step comes after the employer/company has obtained prevailing wage determination data and has ended the job advertisement phase.
The Form ETA 9089 highlights this information to the DOL:
- Foreign worker’s full legal name
- General employer bio-data (e. g. business name, Federal Employer Identification number, current employees, etc.)
- Employer’s point of contact information
- Agent or immigration attorney information
- Prevailing wage information
- Job opportunity information
The employer/company must submit the prevailing wage determination data along with the form ETA 9089. The employer/company can submit Form ETA 9089 either by mail or electronically at the DOL’s FLAG system online. However, the latter method is preferable by the DOL. The form can be downloaded from the official DOL website here, as well as being submitted online at the DOL’s website over here.
After the form and prevailing wage information is submitted successfully, it would take around 2 – 3 weeks before the application is either approved or declined. If the application is declined, the employer/company will be guided about the reason by the DOL.
If it is approved, the foreign worker will now become eligible to be hired as an employee by the US-based employer/company, and their employment will not adversely affect the working condition of the native US employees.
The approval of this step leads to the last step of the PERM process, which is to file the Form I-140 (Immigrant Petition for Alien Worker) to the USCIS (US Citizenship and Immigration Services), along with the PERM Labor Certificate received from the Department of Labor (DOL).
Filing Form I-140 (Immigrant Petition for Alien Worker) to the USCIS (US Citizenship and Immigration Services) with PERM Labor Certificate from the Department of Labor (DOL)
After all the above steps are successfully passed, the final stage in the EB-3 Employment-Based Green Card procedure is the filing of Form I-140 to the USCIS, along with the PERM Labor Certificate obtained from the US Department of Labor.
This form is also filed by the US employer/company on behalf of the foreign worker they are hiring. The US employer/company is the petitioner while the foreign worker is the beneficiary. This form will enable the USCIS to issue a work visa to the beneficiary.
The pre-requisites for the submission of Form I-140 are as follows:
Proof of financial stability to provide the minimum prevailing wage (or greater) determined by the DOL in the prevailing wage determinations report. The employer/company may need to provide annual financial reports, audited financial statements, federal tax returns, and employees’ salary/pay slips for that specific job.
- PERM Labor Certificate provided by the US Department of Labor.
- A filing fee of $700 at the time of submission, either online or by check/money order at the regional USCIS Service Center.
- A completely and accurately filled Form I-140. It is recommended to take help from a reliable immigration lawyer for accurate submission of the form.
Done! You have submitted your petition to the USCIS successfully. After receiving your documents, the USCIS will issue you a ‘Receipt Notice’ and assign a case number to your file. Now, you must wait for the approval of your case by the USCIS.
Although, it depends on the backlog of the USCIS in processing a case, as well as the case’s details; a general timeframe of either acceptance/declination is no more than 3 months.
Congratulations! As a US-based employer/company, you have done your part in sponsoring the foreign worker you wish to migrate to the US Now, once your case is approved, the remaining part will be done by the foreign worker through consular processing at a foreign US Consulate.
What are the Costs of the Entire PERM Procedure?
There is only one single filing fee (per applicant) of $700 when the employer/company submits Form I-140 to the USCIS. However, there are other PERM-related costs as well. If the employer/company hires a professional immigration attorney/firm to increase the chances of a successful process, they should consider a budget of somewhere around $2000 to $6000.
Form 9089 is filed completely free of any charge. However, the costs of job advertisements will fall on the employer/company. For 2 print advertisements in a major circular newspaper, especially the Sunday editions, a general cost average should be around $500 per ad. This is just an estimate because the prices may vary according to the paper and region where it is read.
Apart from the estimates above, any additional incidental costs or overheads may add up to the total expenditures. The role of an expert immigration law firm over here plays an important part as they can catch any loopholes in the entire procedure before the authorities do.
What are Some of the Common Errors to Avoid in the PERM Labor Certification Process?
Employers/companies sometimes do very simple mistakes in the PERM process which hinders the entire procedure, and often puts their cases to auditing by the DOL. However, audits can be caused by some factors like if you’ve hired someone from an employee referral program. That is why it is generally accepted that the major portion of a successful application lies on the US employer/company rather than the foreign worker.
To ensure successful PERM procedures, here are some of the common errors which US employers/companies must avoid in the process:
1. Always double-check the ETA Form 9089 before filing. Even minor typographical errors, such as misspellings, can get your application declined – let alone incorrect information.
2. A failure to respond to a simple questionnaire from the DOL can get your application denied. What happens is that when an employer/company submits form ETA 9089, DOL sends a quick and small questionnaire to the email address mentioned in the form. This is to check if the submission is done by a human and not by a bot; spammer, hacker, bot, etc. Not replying to this questionnaire within seven days can give a red flag to the DOL.
3. Minimum requirements (qualification/work/experience/etc.) which the foreign worker’s academic and professional bio-data could not verify, or at the least does not stand in equivalence to the US standards, may get rejected. Being exact and verifiable in all aspects of the PERM process is the only way to approval.
4. Practical experience matters! When processing the PERM job application, it is essential to highlight a quantifiable working experience of the foreign worker rather than the subjective. For example, if your selected foreign worker has tremendous knowledge of their skills, and that knowledge will bring lots of help to your work/product, it is not sufficient to reject a US native employee. Instead, if your selected foreign worker has practical accomplishments to show along with the advanced knowledge, that will pique the interest of the DOL.
5. Placing advertisements on the wrong dates is another factor hindering the PERM process. If the employer/company has placed the first advertisement on the Sunday edition, the second one should be placed on the following Sunday. Putting both advertisements one after the other on subsequent days can decline your labor certification application.
While there are some other loopholes, the ones mentioned above are the most noticeable. It is always best in favor of the petitioner to double-check everything and avoid common mistakes that can ruin all the time, effort, and money. That is why getting help from an immigration lawyer by your side is recommended from the start till the end.
Let Herman Legal Group Be Your Assistant Throughout the Complex Legal Procedure of the PERM Permanent Employment Certification
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