Everything You Need To Know About Alien Registration Number

In the following article we will walk you through the useful information on the following:

  • Who is an ‘alien’ and what does it mean to be one in the U.S.?
  • What is an Alien Registration Number?
  • What does it mean to have an Alien Registration Number?
  • Where can you find this number on your document ?(e.g. Green Card)
  • What are the other documents you can find your Alien Registration Number on?
  • Can you find your A-number on an H-1B visa?
  • How do you get an Alien Number, if you don’t have it already?
  • Do you really need to get an A-number?

We will also provide you with an answer to “Is Alien Registration Number same as I 94 and is there something else you should know about Alien Numbers”? And last but not least, we will guide you through the importance and convenience of using professional citizenship and immigration services before you apply for an Alien Registration Number.

Who is an ‘alien’ and what does it mean to be one in the U.S.?

Contrary to the common opinion, an alien doesn’t necessarily need to be a mysterious creature with a green antenna. There’s is a mundane, lexical meaning of an alien. It means stranger. In the context of his article, it refers to the legal status of a person.

An alien is considered a person, who is not a citizen or a national of a given country. There are several types of aliens: legal alien, nonresident alien, temporary resident alien, permanent resident alien, illegal alien, and alien enemy.

The last two are not the topic of this article and the first four are touched upon only in the light of the main topic: an Alien Registration Number. Being an alien in the U.S. means you have to go through a specific set of procedures to legalize your stay or work.

What is an Alien Registration Number?

An Alien Registration Number comes down to this unique seven-, eight- or nine-digit number assigned to a noncitizen by this special U.S. federal executive department delegated to perform tasks related to public security called the Department of Homeland Security (DHS).

Getting your A-number is a process related to immigration services, such as work authorization, obtaining a permanent resident card (also known as Green Card), or any sort of registration procedure that an alien must go through.

This process involves contacting institutions and officials that work for them. The important one is the U.S. Citizenship and Immigration Service (USCIS), a government agency, an immigration-related component of DHS designated to administer the immigration and naturalization system. USCIS assigns A-number to most immigrants that want to become a permanent resident.

Alien Registration Number was created to help keep track of all the different immigration applications, forms, petitions, etcetera, that one person may submit. It also works the other way: with A# you can track your immigration files (“alien files” or “a-files”) or your immigrant ancestors. The great news is once you get this number, you get to keep it forever.

Other names for an Alien Registration Number:

A#, A-number, Alien Registration Number, Alien Number

USCIS Number, USCIS #

or simply Registration Number

Important: If you are intending to stay in the US for a temporary amount of time such as a visit visa, work visa, or business visa then you will not get an Alien Registration Number. USCIS does not give A-Numbers to most immigrants who will only be in the U.S. temporarily (called “nonimmigrants”).

What does it mean to have an Alien Registration Number?

Being in a possession of an Alien Registration Number is certainly not the equivalent of citizenship, but it is an important first step for immigrants that want to legalize their stay and work in the U.S. Most people received their Alien Registration Numbers when they applied for a Green Card, which is, in turn, physical confirmation of their permanent resident status.

It is important not to confuse an A-number with the United States citizenship number (‘Certificate number’), which appears on The Certificate of Citizenship – a confirmation of the finalization of the naturalization process and is generally a red 6- to 8-digit alphanumeric number (reminder: A-number is a 9-digit number).

The process of obtaining an Alien Registration Number for immigrants consists of filing a number of forms.

For example, if you want to get a permanent resident card (Green Card) you need to fill in an online immigration form. There are two online immigrant visa forms:

DS-260, Immigrant Visa and Alien Registration Application
DS-261, Online Choice of Address and agent

If you want to get more information on the specificity of them and how to move forward with your process, please do not hesitate to contact us.

We are well aware that any sort of immigrant registration in the U.S., be it permanent residence or work authorization is a process that requires a designated amount of time and effort, contacting immigration services (USCIS) can be stressful, especially if you have trouble speaking English or are simply intimidated by the complexity of the official forms.

Where do I find my Alien Registration Number on a green card?

If you already are in the United States for a significant amount of time, at this point you probably wonder: Do I already have an Alien Registration Number?

As we covered in previous passages, Green Card Holders already. Besides that, your A-Number appears on a few different documents, such as an Employment Authorization Document (EAD), your Immigrant Visa, or a Notice of Action. You can find your number on several types of government documents.

Please take a look below to see some examples:

  • Green Cards (officially known as permanent residence cards) – If you are a Green Card Holder your number is listed on the front of the card. It can be also found on the back of the card. In this case, A-number is named ‘USCIS number’.

Remember, there are often many designs of Green Card, many specimens. As you can see, your A-number is not always found in the same place on a permanent resident card:

Designs issued after May 10, 2010:

What are the other documents I can find my A-number on?

Other documents where you can find your A# are:

  • EAD cards (Employment Authorization Document, otherwise known as Work Permit). You can find it under the Given Name section. In this case, A-number is also named ‘USCIS number’.
  • Immigrant Visas – You can find your A-number on the front of the card. Here A-number is named ‘Registration Number:

You can also find your A-number on:

  • Immigrant Data Summary – this is a document that is a part of applying for a green card abroad, called Consular Processing, that happens when you apply in the U.S Embassy or Consulate. You can find the A-number on the Immigrant Data Summary Document.
  • Immigration Fee Handout – this is another document that is a part of the above-mentioned Consular Processing.
  • The A-number can be found in the top right-hand corner of the document. You can find your Alien Registration Number and Department of State (DOS) Case ID on your Immigrant Data Summary, USCIS Immigrant Fee handout, or immigrant visa stamp.
  • When you attended your interview at the U.S. embassy or consulate, the DOS interviewing officer should have given you a USCIS Immigrant Fee Handout. This document provides instructions on how to pay the USCIS Immigrant Fee.

As mentioned at the beginning, A-Number is usually a nine digit number used for an alien registration processes. However, in some instances, an Alien Registration Number may have less than nine digits.

In cases like this, when filing a form, you just enter ‘0’ (zero) in the required fields in front of your number. Example: your number is ‘1234567’, so you put two zeros in front of it leading to ‘001234567’. Just remember, what we learned before, that only certain noncitizens are issued A-numbers.

If you are a person who temporarily comes to the U.S., e.g. you come as a tourist or for business purposes, you are not issued an Alien Registration Number. A-numbers are issued to people who apply for family-based immigration visas, employment-based immigration visas, and for immigration visas for asylees or refugees.

  • Notice of Action – You may find your A-number on some versions of Notice of Action. Similar to other documents issued by the federal government there are many versions of the design of documents. Below you can see the A-number marked in a red bracket, top right.

Important: If you’ve lost your Alien Registration Number, and you can’t find any USCIS documents, visas, or other paperwork that might contain it, you can use the system called the Freedom of Information Act (FOIA) to obtain a copy of your immigration file, which will also include your A-number.

I have an H-1B visa and I cannot find my Alien Registration Number

Normally a person with an H visa doesn’t have an A-number unless prior to that you conducted registration for an F-1 student visa with an Optional Practical Training (OPT) and simultaneously you received an EAD prior to the H visa.

This is because H-1B visa falls into the category of temporary work visas (recipients of an H-1B visa can remain in the U.S. for three years at a time, but the stay can be extended to a maximum of six years), and Alien Registration Number is assigned only to people who file a visa application with the USA with the intent for permanent residence. Obtaining an Alien Registration Number for a student Visa U.S is also not necessary for the same reason.

A general rule reminder: temporary stay – no need for A-number.

How do I get an Alien Number, if I don’t have one?

The USCIS assigns people with this nine-digit number at the time they submit petitions for Green Card (permanent resident card) if they meet the conditions for getting them.

If you are an F-1 visa holder who has been granted employment authorization to work through the OPT program, you will be issued an A-number after you file the petition for employment authorization.

If your immigration petition is approved by the USCIS, the official who approves you will create an A-file for you. This file will contain your Alien Registration Number and the petitions and forms that you have filed. You will not be issued an A-number or have an A-file created until your petition is approved.

Other ways you get an A-number is by applying for Marriage Green Card inside the US – then your A-number will be on the receipt notice you get from the USCIS after filing the green card application form, or you are applying for Marriage Green Card outside the US when A-number will be assigned to you when you attend your interview at the U.S. consulate.

Important: During a USCIS procedure, you will be assigned a case number. Don’t confuse it with an Alien Registration Number. You can tell your A-number and your USCIS case number apart by how they look. Your Alien Registration Number is always a 7, 8, or 9-digit number. Your USCIS case number, on the other hand, is a 13-character code beginning with 3 letters (such as “MSC” or “EAC”) and then 10 numbers.

Do I really need to get an A-number?

If you wish to pursue your future in the U.S., if you want to climb the career ladder, raise a happy family here, the answer is simple: yes, you need to get the A-number. All immigrants that want to either stay or work need to get their USCIS Number.

This important number is required on immigration paperwork or other official documentation work. There is no way to go around this.

And whether you want to get a work permit in the U.S., become a Green Card Holder (permanent resident card) apply for U.S. Citizenship, apply for an Immigrant Visa via U.S Embassy or Consulate or deal with U.S Citizenship and Immigration Services in any other way, you will be asked to provide your Alien Registration Number.

Other important forms on which it is required are Green Card Renewal Application (Form I-90), U.S Citizenship Application (Form N-400), Employment Authorization Application (Form I-765), Petition for Relative Application (Form I-130), and more.

When you become a lawful permanent U.S. resident, you will have to renew your card every 10 years. If you are granted conditional permanent resident status based on your marriage to a U.S. citizen or lawful permanent resident, you will need to apply to remove the conditions on your green card after two years. For this, you will need your A-number as well.

Is there something else I should know about Alien Number?

Yes, couple of things you might want to remember how to distinguish:

  • Social Security Number is not the same thing as an A-Number,
  • A-Number is not the same as a Visa Number,
  • The I-94 number is not the same as A-Number. An I-94 number is an 11-digit number that is found on the Arrival-Departure Record (Form I-94 or Form I-94A). Please see below:
  • USCIS Online Account Number is also not the same thing as an A-Number.

Citizenship and immigration services related to an Alien Registration Number

You probably remember that USCIS stands for the United States Citizenship and Immigration Services – the DHS agency, the public institution you will have a lot of contact with if you are planning your life in the U.S., an official path to legalize your work or stay.

The other side is immigration services provided by professionals, usually, law firms, that help you in your dealing with the first one. This is important to use these services, especially if you are unsure about your legal status in the U.S.

It sounds overwhelming, I need help

Are you interested in getting an Alien Registration Card? Do you wonder what should be your first steps when applying for a Green Card (permanent resident card)? Do you find legal terms too complex, and even counter-intuitive?

Do you find the application process too confusing? You find contact with any public official stressful, or you simply don’t want to make mistakes when filling a form. If you answered ‘yes’ to at least one of these questions, then we advise you to get professional help.

The law firm will explain all the USCIS procedures in plain language, help you gather all required documents, help you fill out all the necessary forms, will apply on your behalf, will check the process status for you, will deal with all government bodies for you, whether you are trying to get an Alien Registration Number, file U.S. Green Card application, or any sort of permanent residence related issue.

We will act on your behalf when dealing with a government agency like USCIS in a professional and time-efficient manner. We provide our services either as a visa package or by target-focusing on your dilemma. You can also choose from our set of citizenship and immigration services.

It is just easier to file for a permanent residence card using a law firm in the U.S. If you are interested, contact us for an assessment of your situation regarding either a USCIS number, Green Card, or any other permanent resident hurdle. We will gladly help you out.

Trump Suspends Issuance of H-1B, H-2B, L-1, and J-1 Work Visas

Immigration Expert Says Move Will Harm America’s Economic Recovery, and That Real Risk to Labor Market Is Continued White House Malpractice in Preventing Spread of COVID-19

On June 22, 2020, after months of speculation, President Trump issued the “Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S, Labor Market Following the Coronavirus Outbreak.” Referencing the millions of Americans who remain out of work due to COVID-19-related economic disruptions,

President Trump suspended the issuance of H-1B, H-2B, L-1 and J-1 Work Visas, effective 12:01 am, EST, on June 24, 2020, until December 31, 2020.

Richard Herman, a nationally-renowned immigration lawyer and co-author of the book, Immigrant, Inc. – Why Immigrant Entrepreneurs Are Driving the New Economy (and how they will save the American Worker)says that this new immigration restriction will harm U.S. workers and the ability to rebuild the economy:

The data shows that immigrant workers complement, rather than compete against, native-born workers, because they tend to have different levels of education, work in different occupations, specialize in different tasks, and live in different places.

Much like the President’s disregard of medical experts who warn against large public gatherings, and their urgent proclamations for using face masks, testing, and tracing to reduce the spread of COVID-19, the President is now disregarding the economic experts. The dominant economic resarch demonstrates that immigrant workers create jobs and help expand the U.S. economy through innovation (particularly in STEM fields), entrepreneurship, consumption, exports, and filling gaps in the labor market.”

EXPANSION OF EARLIER IMMIGRANT VISA BAN

This order comes two months after an earlier Proclamation which temporarily suspended some family and most employment based immigrant visas.  The new Proclamation extends the earlier restrictions until the end of the year.

H-1B visas are used for skilled workers and are common in technology-driven industries.  H-2B visas are for seasonal workers such as landscapers. L-1 visas are intra-company transfer visas for executives and other skilled workers. J-1cultural exchange visas are for au pairs, camp counselors and others.

WHO IS AFFECTED?

Hundreds of thousands may be affected by the new restriction.  In 2019, the H-1B was awarded to about 133,000 workers starting initial employment with a company. More than 12, 000 people were granted L-1 visas in initial applications, and more than 98,000 were issued H-2B visas.  Approximately 300,000 J-1 visas are issued per year (although many J-1 categories appear exempt from ban.).

While the Proclamation appears to exclude any worker who is:

  • In the U.S. on the date of the Proclamation enactment;
  • Has a non-immigrant visa that is valid on the date of Proclamation enactment;
  • J-1 researchers and physicians;
  • Seeking to enter the U.S. to provide temporary labor essential to the U.S. food supply chains; and
  • Whose work would be in the national interest (such as work related to law enforcement, COVID-19 medical care or research, and activity necessary to facilitate immediate economic recovery).

WHAT IS TRUMP’S RATIONALE?

Without offering any corroborating research, the Trump Administration has indicated that the above-restrictions will free up 525,000 jobs for Americans.

In analyzing the Proclamation, Richard Herman, founder of the Herman Legal Group, states the following:

This Proclamation will hinder economic recovery because it will make it much harder for employers to fill critical positions, it will encourage U.S. employers to move abroad, and it will turn away some of the world’s most innovative and entrepreneurial minds.  This stunning display of ignorance and xenophobia by Donald Trump may play well to his political base, but it will do serious damage to the U.S. economy as we attempt to rebuild from the damage done due to his reckless response to COVID-19.”

BOTTOM LINE:  TRUMP CONTINUES TO DAMAGE THE U.S. ECONOMY

The real risk to U.S. workers and economy is not immigration—it’s Trump’s gross mismanagement of the pandemic.”

__________________________________________________________________________________

Contact Our Firm for More Information

Attorney Richard Herman

Founded in 1995, the Herman Legal Group focuses on immigration law, including family immigration, removal defense, employment-based immigration, investor immigration, asylum, immigration waivers. We are headquartered in Cleveland, Ohio, and have additional offices in Columbus, Columbus, Cincinnati, Dayton, Toledo, Detroit, Buffalo, Pittsburgh, Charlotte, Miami, and Dallas. We serve clients, in over 12 languages, in all 50 states

Richard is one of the pioneers of the movement by Midwest cities to attract and welcome immigrants who can help grow the economy, create jobs and reverse progressive depopulation. He regularly advises cities and counties on innovative ways to leverage existing immigration law to create jobs and attract foreign direct investment.

Voted for inclusion in the 2015-2020 editions of The Best Lawyers in America© and listed in Super Lawyers© for more than fourteen consecutive years, Richard began his immigration law career by moving to Moscow, Russia in 1993, straight out of law school, to eventually open a law office two blocks from the Kremlin to represent post-Soviet entrepreneurs.

As an authority on U.S. immigration law and a provocateur for immigrant-friendly, pro-entrepreneur policies , Richard is often invited to strategize and deliver keynote addresses around the country.  Has spoken often for Michael Bloomberg and Rupert Murdoch’s Partnership for a New American Economy, chambers of commerce, universities and cities. Known for his direct and sometimes controversial style, Richard has appeared in numerous national media outlets.  Richard can be reached at +1-216-696-6170.

L-1 Visa vs H-1B Visa Comparison

The L-1 and the H-ฺ1B are two of the most popular employment-based US visas. Some people could potentially qualify for either one, and for those with the luxury of making a choice, it is important to understand the difference between these two immigration statuses. While the L-1 Intracompany Transferee Visa is preferable for most people, for some people the H-1B Visa is the best choice.

Summary of the L-1 and the H-1B

The L-1 visa is designed to allow an employee of a multinational company to transfer to the US office of the same or a related company. The employee must be a manager, an executive, or an employee possessing “specialized knowledge.”

The H-1B visa is designed to allow employees with a college degree or its equivalent to come to the United States in response to a firm job offer to work in a “specialty occupation” such as:

  • STEM fields;
  • Medicine;
  • Architecture; or
  • Other fields that demand similar levels of expertise.

Typically, the position must require knowledge of the type that the H-1B holder gained while studying in college.

Dual Intent

Both the L-1 and the H-1B categories are considered “dual intent”, which means that it is OK to apply for permanent residence (a “green card”) while living in the US under one of these statuses.

Key Differences

Despite their similarity, important differences exist between L-1 and H-1B status, as outlined below.

Educational Requirements

There are no formal educational requirements to obtain an L-1 visa. Of course, an employer is likely to require some sort of higher education from, say, an executive, and the USCIS might doubt the authenticity of an application filed on behalf of an executive with no formal education. It’s just that the USCIS doesn’t absolutely require a degree to issue an L1 visa.

On the other hand, an H-1B applicant must possess at least a bachelor’s degree or its equivalent. An H-1B applicant is also expected to possess expertise in a “specialty occupation.” In some cases, the USCIS will allow hands-on work experience to substitute for formal education, meaning that the applicant must establish the equivalent of a bachelor’s degree through a combination of education and work experience.

Employer Eligibility

To qualify to sponsor an employee for an L-1 visa, your company must qualify as “multinational” as defined by US immigration law. It must be doing business in the US and at least one other country, and it must have a qualifying relationship with a company located abroad (a subsidiary, for example).

The sponsored employee must have worked for the same company overseas, or have worked for an overseas company with a qualifying affiliation with the sponsoring company, for at least one out of the past three years.

By contrast, a US-based company (and only a US-based company) can sponsor an employee under the H-1B category.

Period of Stay

L-1 visa holders are normally granted a two-year period of stay when they first enter the US. If they are coming to establish a new office, however, only a one-year period of stay is granted. The L-1 holder can extend his period of stay in two-year increments until the maximum time limit is reached. For an L-1A holder, this limit is seven years, while for an L-1B holder, it is only five years.

After the L1 limit is reached, no extensions will be allowed — the employee must either return home permanently, qualify under another visa status, or return home to re-qualify for another L-1 visa (this will take at least a year of additional work experience abroad).

An H-1B visa holder, by contrast, is typically granted an initial three-year period of stay, which can be extended one for another three years, or extended in smaller increments until the six-year limit is reached. In certain limited instances, an H-1B holder is eligible to extend beyond this six-year limit.

Keep in mind also that time spent in the US in H-1B status will count against the L-1 deadline, and vice versa.

Limitations on the Total Number of Visas Issued (Quotas)

There is no quota limitation for the L-1 visa. It’s a different story for the H-1B visa, however — there is an annual cap of 65,000 visas, plus another 20,000 visas allowed for applicants who hold advanced degrees (beyond a bachelor’s degree). In many years the H-1B quota represents far less than half the total number of applications received by the USCIS. Neither of these caps apply to universities or non-profit organizations.

The H-1B to Green Card Transition Through PERM Labor Certification

One of the main benefits of H-1B status is its tolerance of “dual intent” — the ability of an H-1B worker to apply for and obtain permanent residence in the US without having to leave the US and wait abroad for an immigration visa to be approved. It is even possible to continue working without a break if you are careful about preparing and filing your application. The petition process involves quite a bit of paperwork, however. Following is a brief overview of the process.

Step By Step for H-1B to Green Card Transition

Step One: Find a Sponsor

For many if not most H-1B employers, their sponsor is their H-1B employer who wishes to retain their services permanently. In any case, it is your sponsor who must initiate the permanent residence procedure on your behalf — you cannot do it yourself. Although the entire process takes quite some time and can vary greatly on a case-by-case basis, you will be in legal immigration status as soon as your sponsor receives a USCIS Receipt Notice.

Step Two: Obtain PERM Labor Certification

The Program Electronic Review Management (PERM) system is an electronic system that allows you to obtain a labor certification from the US Department of Labor. Like the LCA that the H-1B employer obtained as a part of the H-1B petition process, PERM certification is designed to assure the Department of Labor that the employment will not adversely affect US workers.

PERM Labor Certification - Department of Labor

To obtain PERM labor certification, you must:

  • Register with the Department of Labor. You will receive a login ID and a password
  • Obtain a prevailing wage certification from State Employment Services or the State Workforce Agency and file it with the DOL. This certificate sets the minimum wage that your employer is allowed to pay you.
  • Conduct recruitment to seek a US worker for the position and show that no qualified US worker was willing to accept the position. Recruiting involves placing a newspaper ad and at least one other form of recruitment (a website ad, for example). The process takes about three months, and your employer will have to fill out a report for the DOL.
  • Fill out and file ETA Form 9089, Foreign Labor Certification. There is no filing fee.
  • Obtain a favorable decision from the DOL. The entire process, from registration to approval, takes about six to ten months.

Step Three: File the I-140 Petition

The employer must file Form I-140 with the USCIS. The employer will probably file the I-140 in the second or third employment preference, because it is these two preferences that generally correspond to the skill level of an H-1B worker. In many cases, this means no special delay before processing begins. Workers from China, Mexico, India, or the Philippines can face delays of several years before a visa number is issued and processing begins.

The filing fee for Form I-140 is $700, and approval means that the USCIS has classified the employee as eligible for permanent residence. It does not grant permanent residence by itself, however.

Step Four: File Form I-485, Adjustment of Status to Lawful Permanent Resident

The H-1B worker himself must file Form I-485 with the USCIS to adjust his status to permanent resident. The total filing fee, including the biometric services fee (for fingerprinting), is $1,225. Once this petition is approved, an employee located in the US is allowed to live and work permanently in the US. The employee must be in legal status at the time he files Form I-485.

Naturalization Bio-metrics - Finger Print

Concurrent Filing

The USCIS permits Form I-140 and Form I-485 to be filed together, at least for most H-1B visa holders and certain other applicants. If you file Form I-140 and the USCIS replies that you will have to wait for a visa number to become current before processing can begin, you can file Form I-485 as soon as your visa number becomes current. Once you file the I-485, you can apply for advance parole, which will allow you to leave the US temporarily and return.

Consular Processing If You are Located Outside the US

The USCIS must issue a Receipt Notice for Form I-485 while you are still in legal immigration status for the employee to remain in legal status.. Once this occurs, the employee may remain in the US while waiting for the I-485 to be approved. If the employee’s status expires earlier, he will be expected to leave the US and wait for approval of the I-485 while located abroad. In this case, an additional step will be required — the employee must apply for an immigration visa at a US embassy or consulate abroad. This step will involve a significant amount of preparation.

Talk to a Seasoned Immigration Lawyer

Since the transition from H-1B to permanent resident can take anywhere from a year to over a decade, committing a serious mistake in the application process is not an option — the stakes are simply too high for that. It is critical that you contact an experienced immigration lawyer well before your current H-1B status expires.

Changing Jobs in Midstream: H-1B Portability


The global economy has changed. The old has given way to the new and as always, the law struggles to catch up. When it comes to H-1B status, however, US immigration law is making a valiant effort to keep up with the times. If you are in the US in H-1B status, you enjoy a benefit called “H-1B portability” — subject to certain restrictions, you can change jobs without having to leave the US and start the H-1B visa process all over again.

H-1B Transfers

Strictly speaking, there is no such thing as a legal transfer from one job to another on the same H-1B visa status. What you can do, at least under certain circumstances, is have your new employer petition for a new visa and wait for the USCIS to issue a Receipt Notice for the petition, indicating that it has received it. You can start working as soon as you receive the Receipt Notice, as long as you are in legal status at that time.

You generally don’t need permission from your old employer to have a new employer file a new H-1B petition on your behalf (although some employees are subject to non-compete agreements, etc.). If things go smoothly, you won’t be required to leave the US while you are waiting for the Receipt Notice. A new H-1B petition will not extend the total amount of time you are permitted to stay in the US, however.

The 60-Day Grace Period

60 days grace period

If you lose your job, the USCIS allows you an automatic 60-day grace period, during which you can apply for new work without falling out of status and being required to leave the US.

A few caveats apply:

  • If your I-94 expiration date is earlier than the end of the 60-day grace period, the I-94 governs and you will be expected to leave the US by your I-94 expiration date.
  • The USCIS can shorten or cancel the 60-day grace period in its sole discretion (this discretion is seldom exercised, however, unless the H-1B worker is fired for misconduct or breaks the law in some way).
  • If the 60-day grace period or the I-94 deadline (whichever is applicable) expires without you receiving a Receipt Notice, you will be out of status as soon as the deadline expires, and you will be expected to leave the US immediately. Talk to an immigration attorney if you anticipate this scenario.

Denial of Your H-1B Transfer Request

If the USCIS  denies your H-1B transfer petition, you can remain at your old job if your employer will accept you. You can also appeal the denial, or you can leave the US and apply for a new visa from abroad. Keep in mind that if you are attempting to transfer to a new job because you anticipate that your old employer is planning to lay you off, your old employer may be willing to help you make a smooth transition because that would relieve him of the responsibility of paying for your trip home.

“Bridging” Petitions

H-1B “bridging” means submitting more than one H-1B petition through more than one employer so that you have two or more H-1B petitions pending at the same time. You might want to do this if you seek multiple jobs offers so that you can choose the best offer among them.

Certain limitations apply. You won’t be able to use bridging to keep resetting the 60-day grace period clock to zero, for example. Additionally, multiple petitions are not considered independent of one another — a later petition can be rejected based on the rejection of an earlier petition.  A single employer is not allowed to file more than one H-1B petition for the same employee (for two different positions, for example) unless the position is not subject to any H-1B cap.

H-1B Portability - Bridging Petition - Golden Gate

H-1B “Benching”

Some employers, especially in the IT industry, try to game the system by hiring an H-1B worker for the purpose of outsourcing him to various third-party employers on a project basis. Many of these employees are not working and remain unpaid most of the time. The USCIS considers this “benching” behavior an abuse of H-1B status, and if you submit a new H-1B petition, it is likely to demand pay stubs to prove that you and your employer are not involved in “benching.”

We’re Here to Help

Despite the great increase in flexibility generated by H-1B portability, limitations do exist, and a major mistake could not only shut down a promising opportunity for you, in some cases, but it could also result in you losing legal visa status in the US and being ordered to return home. A skilled H-1B immigration lawyer can help you drastically reduce these legal risks.

H-1B Visa: The Complete Guide (2019)

The H-1B visa is popular because of its low entry barrier (a bachelor’s degree), its portability (allowing the holder to change jobs) and its tolerance of the candidate’s “dual intent” (by allowing an H-1B holder to transition to a permanent residence without returning home). Its main weakness is the annual cap on the number of visas approved, which renders the process quite competitive.

How Does the H-1B Process Work?

The H-1B allows an employer to hire a highly skilled worker, even if the worker is not a citizen or permanent resident of the US. The employer may file a petition on behalf of someone already in the US (on an F-1 student visa, for example) or someone located abroad. It is the employer who must file the petition, not the candidate, and the candidate cannot be issued an H-1B visa without the support of the employer.

The H-1B visa allows an employee to work in the US for up to three years, and in most cases, it is renewable once and only once, for a total term of six years. To be eligible, the candidate must have received a firm job offer from a US employer for:

  • A “specialty occupation” that normally requires a bachelor’s degree or equivalent 
  • A research and development project administered by the Department of Defense; or
  • Work as a fashion model of exceptional merit and ability.

Processing time averages four to seven months unless Premium Processing is selected (see below for details). An employer is not allowed to begin the H-1B petition process less than six months prior to the candidate’s intended start date. Visa processing runs from April through October of each year.

H-1B Visa Type

Preliminary Preparation: Ensuring that the Job is a ‘Specialty Occupation’

US law defines “specialty occupation” as an occupation that requires the “theoretical and practical application of a body of highly specialized knowledge.” Typically, the job must require a bachelor’s degree, and the candidate must possess a bachelor’s degree or its overseas equivalent. It is sometimes possible to obtain an H-1B visa without a bachelor’s degree, but in that case, the candidate should have at least 12 years of experience in a related field.

Preliminary Preparation: Establishing an Employer-Employee Relationship

To establish a legitimate employer/employee relationship, the employer must have issued a definite, full-time job offer to the candidate, and the candidate must have accepted it. The candidate’s proposed duties must be specific, the job must be a ‘specialty occupation’, and the candidate must be qualified to perform it.

The candidate cannot be an independent contractor in disguise — the employer must have the right to control when, where, and how the candidate performs the job. The USCIS will make its decision on a case-by-case basis based on the totality of the circumstances.

Preliminary Preparation: Salary Issues

The employer must not pay the candidate any less than he would have paid a US citizen employee. This is required not only to protect the candidate from exploitation, but also to protect US workers from being laid off in favor of cheaper noncitizen employees, and from being forced to accept lower pay to compete with them.

H-1B Visa - Salary Issues

The Labor Condition Application (LCA)

Employment in the US under H-1B status requires certification from the US Department of Labor (DOL) before the H-1B petition is sent to the USCIS. The application must be submitted online through the DOL iCert website on Form ETA-9035.

In the LCA, the employer must affirm that:

  • The employment will not harm the wages and working conditions of similarly employed US workers;
  • The employer will pay the candidate the “actual wage” or the “prevailing wage” for the occupational classification in the field, whichever is higher;
  • The employer will notify its employees of the filing of the LCA; and
  • There is no strike, lockout, or work stoppage arising from a labor dispute in that occupation.

Misrepresenting any of the foregoing can result in serious penalties against the employer, including criminal penalties. There is no fee for filing an LCA application, and processing takes roughly a week.

Filing Fees

Filing fees can be a significant consideration in an H-1B petition: Following is a list of current frees.

  • The standard filing fee is currently set at $460. This fee applies to each submission of a petition, a re-filing, an amendment or a renewal.
  • Training fee: The training fee is $750 for employers with 1-25 full-time employees and $1,500 for all other employers except for certain exempt employers. Many cap-exempt employers are exempt from the training fee.
  • Fraud prevention fee: First-time H-1B employee applicants, and H-1B employees seeking to change employers, must pay a $500 fraud prevention fee. This fee does not apply to extensions with the same employer.
  • There is a $4,000 fee for companies with more than 50 employees. if more than half are on H-1B or L immigration status.
  • Fees also apply to certain optional services such as Premium Processing and H-4 visa petitions (see below).

The fee must be paid with a check or money order drawn on a U.S. bank in U.S. dollars, payable to “USCIS.” It is against US law for an employer to ask a candidate to pay any of these fees himself.

Filing the H-1B petition

H-1B employers cannot file a petition or a request for an extension for their candidate more than six months before the candidate’s projected start date (typically October 1). Following is a rough overview of the process:

  • The employer must deliver a definite, full-time written job offer to the candidate, and the candidate must accept the offer.
  • The employer must submit a Labor Condition Application(LCA) to the DOL, wait for approval, and comply with intra-company employee notification requirements.
  • The employer must prepare an H-1B petition and gather supporting documentation.
  • The employer must file the H-1B petition, along with the filing fee, with the appropriate USCIS service center.
  • The USCIS will notify the employer if the petition was selected in the H-1B lottery.
  • If the petition is selected in the lottery, it will be reviewed by the USCIS. If it is not selected, the USCIS will return the filing fee.
  • After examining the petition, the USCIS will either approve it, deny it or send a request for additional evidence (RFE).
  • If the candidate is located abroad, he or she must make an appointment for an interview with the appropriate US embassy or consulate, and bring all H-1B documentation and his/her passport so that the embassy or consulate can stamp the visa on the passport.
  • WARNING: Multiple filings for the same candidate by the same employer are not allowed and can be penalized.
H-1B Visa - Job Offer

Required Documents

The following documents are required for an H-1B petition:

  1. Form G-28 (if the employer is represented by a lawyer or an accredited representative).
  2. Form I-129, Petition for a Nonimmigrant Worker.
  3. H Classification Supplement to Form I-129 H Supplement (or Free Trade Supplement for petitions supporting Chile-Singapore workers)
  4. H-1B and H-1B1 Data Collection and Filing Fee Exemption Supplement
  5. Supporting documents required by the instructions for the above forms, such as evidence of the candidate’s educational qualifications (transcripts, etc.), along with a table of contents for ease of reference.
  6. Form I-94 (Arrival/Departure record) if the candidate is currently in the US.
  7. Form ETA 9035, Department of Labor certified Labor Condition Application.
  8. Cover letter from employer/attorney.
  9. Other supporting documentation may be required (for example, the I-20 if the candidate is a current or former student present in the US on an F-1 visa).
  10. A copy of all of the foregoing forms and documents, if the candidate will be applying for an H-1B visa at a US embassy or consulate abroad. Clearly, mark it “COPY”.
  11. A check or money order for all applicable filing fees.
  12. Additional documentation will be required if the petitioner is located outside of the US and therefore requires consular processing to have a visa stamped onto his passport so that he can enter the US.

Caps (Quotas)

Although the total annual H-1B visa cap is set at 85,000, several annual sub-caps apply, including:

  • The Regular Cap: The standard cap is 65,000 approved petitions per year.
  • The C/S Cap is 6,800 for Chile/Singapore H-1B1 petitions, taken out of the 65,000 regular cap (1,400 for Chile and 5,400 for Singapore).
  • The U.S. Master’s Degree Cap is 20,000 approved petitions for candidates with a US master’s degree or higher and a job offer that corresponds to this level of expertise.
  • Cap-exempt employers: Some employers are not subject to the H-1B cap at all. These employers include colleges and universities and non-profit organizations associated with them, as well as non-profit and government research organizations. It might even be possible to apply for a cap-exempt visa if the candidate will work primarily with a cap-exempt organization that is not their direct employer.
  • Cap-exempt petitions: H-1B amendment, renewal/extension and employer transfer petitions are not subject to any annual cap.

The H-1B Lottery

H-1B petitions are accepted beginning on April 1 of each year. Since the caps are usually reached within the first week of April, and since the visa process is very competitive, you must submit your petition during this short time window. Beginning in 2020, employers will have to register before the filing season begins on April 1.
Among those petitions subject to the cap, the USCIS will select the appropriate number of petitions to process through a random lottery, and it will return the rest without processing, along with a refund for the application fees.

Typically, between 30 percent and 50 percent of petitions are accepted for processing. A petition that is accepted for processing can still be rejected for deficiencies in the petition itself, and no refund of fees will occur simply because a petition was rejected. Processing will be completed by October 1.

Dependents (H-4 Visas)

If the candidate has dependants who wish to travel with him, it is possible to apply for H-4 visas for his dependents. It is also possible for an H-4 visa holder to apply for employment authorization. Processing could take as long as processing for the H-1B petitioner, however, and the fee is currently set at $190.

H-1B Petition Processing

During H-1B processing, the USCIS will review the job description, proposed salary and the qualifications of the candidate. It will also carry out a background investigation of the candidate.

Premium Processing

The Premium Processing fee is currently set at $1,410. If Premium Processing is selected, case processing will take no more than 15 days after the visa lottery takes place, unless a Request For Evidence (RFE) is issued. Note that:

  • The 15-day period begins when the visa lottery takes place, not when the USCIS receives Form I-907;
  • If the applicant is not selected in the lottery, the petition will be rejected and the filing fee will be refunded;
  • If a Request for Evidence is issued, the 15-day period will be recalibrated to start when the applicant’s response to the RFE is received by the USCIS;
  • A refund of Premium Processing fees will not be issued for a rejection, but will be issued if a response is delayed beyond the 15-day limit; and
  • Premium Processing is frequently suspended, especially during periods of high USCIS workload.
H-1B Visa - Premium Processing

Requests for Evidence (RFEs)

An RFE (and, more ominously, a Notice of Intent to Deny) is a document sent to an applicant after processing has already started. It requests further evidence that must be submitted in a timely manner; otherwise, the USCIS will consider the petition abandoned and thereby reject it. The issuance of RFEs has greatly increased since 2017, although the RFE rate still has not reached 50 percent of all petitions submitted.

H-1B Extensions

An H-1B visa, initially granted with a term of up to three years, can generally be extended for another three years. After this six-year period expires, the employee must either return home or use some other status to justify remaining in the United States.

Amended H-1B Petitions

Any “material” change in working conditions will require the filing of an amended H-1B petition and the submission of new filing fees. A “material” change could mean a change in job duties, working hours or job location. You may need an immigration attorney to help you determine whether a particular change is likely to be considered “material” by the USCIS.

H-1B Portability

Portability is one of the main inherent advantages of the H-1B visa. It applies not only to employees in H-1B status but also to former H-1B holders who are awaiting adjudication of their petitions for permanent residence. With portability, an employee in valid H-1B status can start a new job with a new employer as soon as the employer files a new H-1B petition for him, without delaying his start date until the USCIS accepts his petition and without waiting for his original H-1B visa to expire. Additional filing fees will be necessary.

If the employee’s petition is rejected, or if he gets fired or laid off from his job, he enjoys a 60-day grace period before he must leave the US, during which time he can seek further employment with another employer willing to sponsor him for H-1B status. This setup can work well for the original employer as well since if an H-1B employee changes jobs, the former employer is excused from paying for the employee’s return flight home even if it the former employer laid him off or fired him.

Alternatives to the H-1B

If H-1B status should turn out to be inappropriate for some reason, you might consider one of the following alternatives:

  • The O-1 visa: Available to outstanding professionals with advanced degrees, who have achieved prominence in their field.
  • The TN visa: Based on NAFTA, this visa is available to citizens of Canada and Mexico.
  • E-3 visa: Similar to the H-1B and available only to citizens of Australia.
  • L-1 visa for intra-company transferees who are managers or executives, or who posses specialized knowledge.

These are not the only options — another type of visa might be available, depending in the circumstances.

From H-1B to Green Card

One of the major attractions of the H-1B program is the ability to adjust status to Lawful Permanent Resident. Following is a brief description of three possible pathways:

  • The Program Electronic Review Management (PERM) process: The employee must advertise for the position and show that he could not fill it with a US worker.
  • EB-1: This status is available to employees with advanced degrees or prominence in their field, but it is also available to certain skilled workers and professionals.
  • National Interest Waiver (NIW): This status is available to an employee with an advanced degree and exceptional ability in a field that is of substantial intrinsic merit to US national interests.

H-1B Status: A Constantly Shifting Regulatory Environment

Like it or not, the H-1B visa is a political football and the rules keep changing. Under the Trump administration’s “Buy American, Hire American” directive, H-1B visas are under increased scrutiny, and adverse changes to law and policy are reasonably likely. Recent developments include:

  • The Trump administration has been targeting entry-level positions for increased H-1B scrutiny.
  • The USCIS is now issuing NTAs (“Notice to Appear”) to applicants who were turned down for visa extensions or permanent residence petitions.
  • The USCIS is cracking down on the use of the H-1B to outsource jobs through subcontracting, especially to foreign IT companies.
H-1B Visa Under Trump Administration

More developments are likely, although they might not all be negative. Nevertheless, it is more important than ever to keep current on what is going on with H-1B law and policy before filing an H-1B petition.