# US immigration, explained Your gateway to America. Every path into the United States, in plain words, sourced to the law. Kept current. Reviewed by licensed attorneys. Canonical page: https://proxenos.legal/us-immigration The United States admits more immigrants than any other country, through a system that is written down: a statute, regulations, and an agency manual anyone can read. Almost every path has a name, a form, a timeline and a cost. ## Why America People do not cross the world for a form. They come for what the forms lead to, and the numbers behind it are not close. | The economy | Figure | | --- | --- | | Gross domestic product, second quarter 2026 (BEA, released August 26, 2026) | $32.5 trillion at an annual rate, the largest in the world | | Real growth, 2026 | 2.1% in the first quarter, 1.5% in the second | | Share of world output | about a quarter of everything produced on Earth | | Venture capital invested, share of the world's total | roughly half | | Companies valued at $1 billion or more | more than any other country; over half of them had an immigrant founder | | What immigrants have built here | Figure | | --- | --- | | Fortune 500 companies founded by immigrants or their children | 46 percent | | Billion-dollar startups with at least one immigrant founder | 55 percent | | US Nobel Prizes in chemistry, medicine and physics since 2000 won by immigrants | more than a third | | People who became permanent residents in FY 2024 | 1,364,090, the most since 2006 | | Where the strength is | Figure | | --- | --- | | Artificial intelligence: private investment in 2025 | $285.9 billion, 23 times China's $12.4 billion; 1,953 newly funded AI companies, more than 10 times the next country; 50 notable models released, the most anywhere (Stanford AI Index 2026) | | The Navy | 11 nuclear-powered aircraft carriers, more than every other navy combined; 293 battle-force ships and more than 80 nuclear-powered vessels; a $47.3 billion shipbuilding budget for FY 2026, the largest in over 15 years (U.S. Navy) | | Industry | about $3 trillion of manufacturing value added a year, second only to China, with factory construction spending at record levels since 2024 (BEA, Census Bureau) | | Hospitality | 85 million international visitors forecast for 2026, passing the 2019 record of 79.4 million; visitors spend about $695 million a day here; the 2026 World Cup was played here this summer and the 2028 Olympics are Los Angeles's (National Travel and Tourism Office) | | Education | 1,177,766 international students in 2024-25, the most ever and the largest of any country, 363,019 of them from India; they contributed nearly $55 billion to the economy (Open Doors 2025) | 1. The United States is the largest economy on Earth and has been for over a century: $32.5 trillion a year as of the second quarter of 2026, greater than the next two countries combined. The figure on this page is refreshed from the Bureau of Economic Analysis after each quarterly release. 2. It is where the world's capital goes to find ideas: about half of all venture money invested anywhere is invested here, and more billion-dollar companies are born here than in any other country. 3. It is a country under law, with courts that bind the government, property that is yours, and a Constitution in force since 1789, the oldest written national constitution still in use. 4. Immigrants and their children founded nearly half of the Fortune 500, from Google and Tesla to Pfizer and Procter & Gamble; the immigration system is how that keeps happening. 5. And it is a place: the Grand Canyon, Yosemite and Yellowstone, the Golden Gate, the Statue of Liberty that greeted the people whose grandchildren run the country now. Sources: - [Bureau of Economic Analysis, Gross Domestic Product (second estimate, Q2 2026)](https://www.bea.gov/data/gdp/gross-domestic-product) - [National Foundation for American Policy, immigrant founders of billion-dollar companies](https://nfap.com/research/new-nfap-policy-brief-immigrant-entrepreneurs-and-u-s-billion-dollar-companies/) - [American Immigration Council, New American Fortune 500](https://www.americanimmigrationcouncil.org/research/new-american-fortune-500) - [National Foundation for American Policy, immigrants and Nobel Prizes](https://nfap.com/research/immigrants-and-nobel-prizes/) - [OHSS, U.S. Lawful Permanent Residents: 2024](https://ohss.dhs.gov/topics/immigration/lawful-permanent-residents/annual-flow-report/fy-24-lpr-flow-report) - [Stanford HAI, 2026 AI Index Report](https://hai.stanford.edu/ai-index/2026-ai-index-report) - [U.S. Navy, FY 2026 Budget Highlights](https://www.secnav.navy.mil/fmc/fmb/Documents/26pres/Highlights_Book.pdf) - [BEA, GDP by Industry](https://www.bea.gov/data/gdp/gdp-industry) - [National Travel and Tourism Office, International Visitor Forecast](https://www.trade.gov/national-travel-and-tourism-office) - [IIE, Open Doors 2025](https://www.iie.org/news/open-doors-2025-press-release/) ## How the system is organised - Temporary: visas for a purpose and a time: work (H-1B, L-1, O-1, E-2, TN), study (F-1), visiting (B-1/B-2). Many lead to permanence. - Permanent: green cards through family, employment, investment or talent. Limits by category and country, set monthly by the Visa Bulletin. - Protection: asylum, refugee status, TPS, U visas and VAWA. Separate rules, separate deadlines. - Citizenship: naturalization after the required years as a permanent resident, or citizenship through parents. ## The system by the numbers The whole system in a few numbers, from the Department of Homeland Security's Office of Homeland Security Statistics (the FY 2024 annual flow reports, published June 2026, and its FY 2025 data), USCIS and the State Department. | The latest full years | FY 2024 (final) | FY 2025 (DHS data, preliminary) | | --- | --- | --- | | New permanent residents (green cards) | 1,364,090 | about 1,320,000 | | Employment-based, all categories | about 171,000 (down 13% on 2023) | about 12% of all green cards | | Family-sponsored, all categories | up 14% on 2023 | about 67% of all green cards | | Naturalized as citizens | 818,570 | not yet published | | Limits, volumes and demand | Number | | --- | --- | | Employment-based green cards a year, by statute | about 140,000, plus unused family numbers carried over | | H-1B visas under the cap | 85,000 | | EB-1 green cards and visas, FY 2024 (State Department Table V) | 47,462 | | O visas issued at consulates, FY 2024 | 39,414 | | EB-1A petitions received, Q1 FY 2025 | 7,338, up 56% in a quarter | | Asylum applications received, Q1 FY 2025 | nearly 100,000 | 1. 1,364,090 people became permanent residents in FY 2024, 16% more than in 2023 and the most since 2006; family-sponsored numbers rose 14% while employment-based fell 13% as the pandemic-era carry-over of unused family visas ran out. 2. DHS's FY 2025 data shows about 1.32 million new permanent residents, two thirds through family, about 12% through employment, about 13% as refugees and asylees. 3. 818,570 people naturalized in FY 2024, down 7% on 2023 but 12% above the 2010 to 2019 average; the median wait for a naturalization decision fell to 5.5 months in FY 2025. 4. Demand at the top of the system is rising fastest: EB-1A petitions rose 56% in a single quarter at the start of FY 2025. Sources: - [OHSS, U.S. Lawful Permanent Residents: 2024](https://ohss.dhs.gov/topics/immigration/lawful-permanent-residents/annual-flow-report/fy-24-lpr-flow-report) - [OHSS, U.S. Naturalizations: 2024](https://ohss.dhs.gov/topics/immigration/naturalizations/annual-flow-report/fy-24-naturalizations-flow-report) - [OHSS, 2024 Yearbook of Immigration Statistics](https://ohss.dhs.gov/topics/immigration/yearbook/2024) - [USCIS Immigration and Citizenship Data](https://www.uscis.gov/tools/reports-and-studies/immigration-and-citizenship-data) - [State Department, Report of the Visa Office 2024](https://travel.state.gov/content/travel/en/legal/visa-law0/visa-statistics/annual-reports/report-of-the-visa-office-2024.html) - [Congressional Research Service R47164](https://www.congress.gov/crs-product/R47164) ## Every path ### Founders and talent - [O-1](https://proxenos.legal/us-immigration/visas/o-1.md): Extraordinary ability in the sciences, business, education, athletics or the arts. No cap, no lottery, and you can petition through your own company. - [EB-1A](https://proxenos.legal/us-immigration/visas/eb-1a.md): Permanent residence for people with sustained acclaim. Self-petitioned, no employer and no labor certification. - [EB-2 NIW](https://proxenos.legal/us-immigration/visas/eb-2-niw.md): Advanced-degree professionals and entrepreneurs whose work has national importance. Self-petitioned, no labor certification. - [E-2](https://proxenos.legal/us-immigration/visas/e-2.md): For nationals of treaty countries who invest a substantial amount in a US business they will direct. Renewable as long as the business runs. - [EB-1B](https://proxenos.legal/us-immigration/visas/eb-1b.md): For researchers and professors recognised internationally, with 3 years of experience and a permanent offer from a university or research employer. No labor certification. - [EB-5](https://proxenos.legal/us-immigration/visas/eb-5.md): Permanent residence for investing $1,050,000, or $800,000 in a targeted employment area or infrastructure project, in a US business that creates 10 full-time jobs. ### Visiting - [B-1/B-2](https://proxenos.legal/us-immigration/visas/b-1-b-2.md): The visa most of the world uses to visit: meetings, conferences and negotiations on the B-1, tourism, family visits and medical treatment on the B-2. Up to 6 months a stay; no work. ### Work and business - [H-1B](https://proxenos.legal/us-immigration/visas/h-1b.md): Employer-sponsored work in a job that needs at least a bachelor's degree. Capped, with a registration lottery each March. - [L-1](https://proxenos.legal/us-immigration/visas/l-1.md): For managers, executives and specialised-knowledge staff moving from a foreign office to a related US office, including new offices. - [EB-1C](https://proxenos.legal/us-immigration/visas/eb-1c.md): Permanent residence for managers and executives transferred from a related company abroad. The L-1A's natural next step; no labor certification. - [EB-2](https://proxenos.legal/us-immigration/visas/eb-2.md): The standard employer-sponsored green card for jobs that need a master's degree or a bachelor's plus 5 years, after a labor certification proving no qualified US worker is available. - [EB-3](https://proxenos.legal/us-immigration/visas/eb-3.md): Employer-sponsored green cards for jobs needing a bachelor's degree, at least 2 years of training or experience, or, in the 'other worker' category, less than that. All require labor certification. - [TN](https://proxenos.legal/us-immigration/visas/tn.md): For citizens of Canada and Mexico in one of about 60 listed professions with a US job offer. No cap, no lottery; Canadians apply at the border. - [F-1 and OPT](https://proxenos.legal/us-immigration/visas/f-1-opt.md): The student visa, and the year of work after graduation (three years for STEM) that is most people's bridge to the H-1B, O-1 or a green card. ### Family - [Family green card](https://proxenos.legal/us-immigration/visas/family-green-card.md): Permanent residence through a US citizen or permanent resident relative. Immediate relatives of citizens have no wait; other categories queue by the Visa Bulletin. - [EB-4](https://proxenos.legal/us-immigration/visas/eb-4.md): A collection of categories: religious workers, Special Immigrant Juveniles, certain US government employees abroad, Afghan and Iraqi translators and allies, and others. Capped at about 7 percent of employment-based visas. - [K-1](https://proxenos.legal/us-immigration/visas/k-1.md): For the fiance of a US citizen to enter, marry within 90 days, and then adjust to a green card. Not available to the fiances of permanent residents. ### Protection - [U visa](https://proxenos.legal/us-immigration/visas/u-visa.md): For victims of certain crimes in the United States who suffered substantial harm and are helping, or have helped, law enforcement. Four years, a work permit, and a green card after three. - [Asylum](https://proxenos.legal/us-immigration/visas/asylum.md): Protection for people persecuted, or who fear persecution, on account of race, religion, nationality, political opinion or membership in a particular social group. Apply within 1 year of arrival. - [VAWA](https://proxenos.legal/us-immigration/visas/vawa.md): Self-petition for the abused spouse, child or parent of a US citizen or permanent resident, so the abuser cannot control the immigration case. Open to men and women. - [TPS](https://proxenos.legal/us-immigration/visas/tps.md): Protection from removal and a work permit for nationals of designated countries already in the United States. Renewable while the designation lasts; not a path to a green card by itself. - [DACA](https://proxenos.legal/us-immigration/visas/daca.md): Renewable protection from removal and a work permit for people who came before age 16 and have lived here since 2007. Not a status, not a path to a green card, and under continuing legal challenge. ### Citizenship - [Naturalization](https://proxenos.legal/us-immigration/visas/naturalization.md): Citizenship after 5 years as a permanent resident (3 if married to a citizen), with tests of English and civics and an oath. The only way to vote, hold a US passport, and never again worry about status. ## What changed recently - O-1: USCIS updated its Policy Manual guidance for O-1 evidence in 2025, with explicit treatment of founders petitioning through their own companies and of comparable evidence for emerging fields such as AI. - EB-1A: USCIS clarified the two-step analysis (criteria, then final merits) and the treatment of team awards and comparable evidence in Policy Manual updates through 2025. - EB-2 NIW: USCIS's 2022 Policy Manual update set out how STEM graduates and entrepreneurs can qualify; further clarifications followed in 2025. - E-2: Treaty-country eligibility and posting practices change; the State Department list linked below is the current one. - B-1/B-2: Interview wait times, which spiked after 2020, have fallen at most posts; the Visa Waiver Program has grown (Qatar joined in 2024 and Romania in 2025), and ESTA rules bar travellers who have visited certain countries since 2011 or hold their nationality. - H-1B: The beneficiary-centric lottery began with the 2025 cap season; USCIS's 2025 modernisation rule updated the specialty occupation definition and cap-exemption rules. - L-1: USCIS updated L-1 guidance on the qualifying relationship and on new offices in its Policy Manual; blanket L petitions remain available for large organisations. - Family green card: USCIS fee amounts and the affidavit of support income guidelines change yearly; the current figures are linked below. - U visa: USCIS's bona fide determination process, begun in 2021, now provides work permits to applicants years before a visa number is available; certification practices vary by state and agency and several states have laws requiring agencies to respond to requests. - Asylum: Fees, interview scheduling and the treatment of particular social groups changed by rule and by decision in 2025 and 2026; the law is contested and moves. An attorney who practises asylum full time is the only reliable guide. - EB-1B: USCIS Policy Manual updates through 2025 clarified comparable evidence and the treatment of team achievements for EB-1B petitions. - EB-1C: USCIS guidance on 'function managers' and on new-office L-1A to EB-1C transitions was clarified in the Policy Manual in 2024 and 2025. - EB-2: The Department of Labor's PERM system moved to the FLAG platform; prevailing wage timelines and PERM processing times move quarterly and are published. - EB-3: Schedule A (nurses and physical therapists) remains exempt from recruitment; the Department of Labor sought comment on expanding it in 2024 and 2025. - EB-4: USCIS began granting deferred action and work permits to Special Immigrant Juveniles waiting for a visa number in 2022; the non-minister religious worker program depends on periodic reauthorisation by Congress. - EB-5: The Trump Gold Card (Executive Order 14351, September 19, 2025) is the pay-for-priority alternative: a $1,000,000 gift, $2,000,000 from a company, with no job-creation requirement, filed under EB-1 or EB-2 and open since December 2025; the EB-5 itself remains in force. EB-5 petitions filed before September 30, 2026 are grandfathered under current rules, and the investment thresholds rise in January 2027. - TN: The USMCA (2020) kept the TN list unchanged; the Department of State and CBP have updated guidance on management consultants and computer systems analysts, two frequently refused categories. - F-1 and OPT: The 2016 STEM OPT rule set the 24-month extension and the training plan (I-983); USCIS's 2025 H-1B modernisation rule extended cap-gap protection to April 1 of the following year. - K-1: USCIS fee changes in 2024 raised the I-129F fee; processing times are published monthly and have varied widely. - VAWA: USCIS updated its VAWA Policy Manual guidance in 2022 to clarify residence with the abuser, joint residence, and the treatment of derivative children. - TPS: Designations for several countries were extended, added or terminated by notice in 2025 and 2026; the current list and dates are on the USCIS TPS page and must be checked for each country. - DACA: A 2024 Fifth Circuit ruling kept the bar on new grants while allowing renewals; a 2025 regulation and further litigation have continued to shape it. Check the current state before advising anyone. - Naturalization: USCIS introduced a new N-400 form in 2024 and updated the civics test administration; fees changed the same year. Check the current test version before studying. ## Glossary https://proxenos.legal/us-immigration/glossary.md --- # O-1: the visa for the top of the field Group: Founders and talent. Canonical page: https://proxenos.legal/us-immigration/visas/o-1 Congress wrote the O-1 for one kind of person: someone who has risen to the very top of their field and can prove it. The regulation says it plainly: extraordinary ability means a level of expertise indicating that the person is one of the small percentage who have arisen to the very top of the field. Nobel laureates arrive on it. So do Olympic athletes, Oscar and Grammy winners, professors with landmark papers, and, in the last decade, founders whose companies have been funded, covered and copied. It has no annual cap and no lottery. It is granted for up to 3 years, extended a year at a time without limit, and it is the visa most likely to be followed by an EB-1A green card, because the evidence is the same and the record only grows. Education, not legal advice. The attorney you book will apply this to your facts. ## Signed into law - 1990, Immigration Act of 1990, signed by President George H. W. Bush. Signed November 29, 1990. The O-1 provision was drafted by Congressman Bruce Morrison of Connecticut. ## Its standing Before 1990 the United States had no visa for the exceptional; they came on the same H-1 as everyone else. The Immigration Act of 1990, signed on November 29, 1990, with the O-1 provision drafted by Congressman Bruce Morrison of Connecticut, created the O category to say something specific: that the country wants the people who are best at what they do, whatever it is, and will not make them queue behind a quota to arrive. The standard was set deliberately high, extraordinary rather than merely excellent, and it has stayed there. That is why it turns heads. An O-1 on a resume is a finding by the United States government, on evidence, that you are at the top of your field. The visa has two branches. The O-1A covers the sciences, education, business and athletics; the O-1B covers the arts and the motion picture and television industry, where the standard is distinction rather than extraordinary ability. Both require a written advisory opinion from a peer group or labor organisation in the field, which is the visa's way of asking the field itself whether it agrees. Support staff essential to a performance or event come on the O-2, and spouses and children on the O-3. Founders changed the O-1's audience. A funded company, coverage in the press that people in the field read, a role judging others' work, an original contribution that competitors adopted, pay well above the norm: these are exactly the criteria the regulation lists, and a founder with real traction meets several of them by the nature of the work. USCIS's guidance now says explicitly that a founder can be petitioned by a company they own, provided there is an employer relationship in substance. The O-1 has become the visa of choice for the people building the next generation of American companies, and the country is better for it. ## What the regulation asks for Receipt of a major internationally recognised award (a Nobel Prize is the regulation's own example), or at least 3 of the following: 1. Nationally or internationally recognised prizes or awards for excellence in the field 2. Membership in associations that require outstanding achievement, judged by recognised experts 3. Published material about you and your work in professional or major trade publications or major media 4. Participation as a judge of the work of others in the field, individually or on a panel 5. Original scientific, scholarly or business-related contributions of major significance 6. Authorship of scholarly articles in professional journals or major media 7. Employment in a critical or essential capacity for organisations with a distinguished reputation 8. A high salary or other remuneration compared with others in the field 9. If these do not readily apply to your field, comparable evidence ## Who it fits - Founders whose companies have raised money, won awards, been covered in the press or been adopted by others in the field - Scientists and engineers with cited papers, patents, or work others build on, and who review or judge for their field - Athletes, performers and artists with a record of national or international recognition - Anyone who can show the field itself regards them as one of its best ## Who should look elsewhere - Someone early in a career with no public record of the work yet; build the record first - Someone who needs a green card quickly; the O-1 is temporary, but it pairs well with an EB-1A later ## How long it takes USCIS premium processing decides the petition in 15 business days for an extra fee. Without it, several months. Then the consulate interview if you are abroad. From first document to first day of work, plan on 2 to 4 months. ## What it costs Government fees: the I-129 filing fee plus the asylum program fee for the employer, and the optional premium processing fee. Legal fees are separate and set by the attorney. Current amounts are on the USCIS fee schedule linked below. ## How it fails - Evidence that the work is good rather than that it is recognised; the standard is acclaim, and acclaim has witnesses - Letters from friends and colleagues instead of independent experts who can say why the work matters and how they know - A founder's own company filing with no advisory opinion and no evidence of an employer relationship in substance - A field defined so broadly that the evidence looks thin against it; the field should be defined as the work actually is - Meeting three criteria on paper and losing at the final merits step, where USCIS asks whether the whole record shows the very top of the field ## What changed recently USCIS updated its Policy Manual guidance for O-1 evidence in 2025, with explicit treatment of founders petitioning through their own companies and of comparable evidence for emerging fields such as AI. ## Month by month The State Department's monthly issuances for O-1 (classes O1) are served live at https://proxenos.legal/api/stats/visas?kind=niv&classes=O1 (JSON: months, latest, top nationalities, source). Monthly figures are preliminary; the annual Report of the Visa Office is the source for fiscal-year totals. ## Five questions people ask **Is there an annual limit on O-1 visas?** No. The O-1 has no cap and no lottery, which is the main reason founders and researchers use it instead of the H-1B. **Can I petition through a company I founded?** Yes, if the company is a real employer and there is an employer relationship (for example a board that can hire and fire you). USCIS guidance addresses this directly. **How long is it granted for?** Up to 3 years initially, tied to the work, then extensions of 1 year at a time with no limit on the number of extensions. **Does my spouse get to work?** O-3 dependents can live and study in the US but cannot work on that status. Some families pair the O-1 with a separate path for the spouse. **What is the hardest part?** Evidence of acclaim: press, awards, judging, original contributions, high pay. A good petition tells the story of recognition with independent proof. ## What to bring to a consultation - CV with every award, publication, talk and press mention - Funding announcements, term sheets or cap table if you founded a company - Press coverage with dates and outlets - Names of independent experts who could write letters - Your current status and any prior US visas ## The law - [INA 101(a)(15)(O)](https://uscode.house.gov/view.xhtml?path=/prelim@title8/chapter12&edition=prelim) - [8 CFR 214.2(o)](https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-214/section-214.2#p-214.2(o)) - [USCIS Policy Manual, Volume 2, Part M](https://www.uscis.gov/policy-manual/volume-2-part-m) - [USCIS fee schedule](https://www.uscis.gov/g-1055) - [USCIS processing times](https://egov.uscis.gov/processing-times/) ## Talk to an attorney Verified US immigration attorneys who do O-1 work, by video, billed by the minute: https://proxenos.legal/attorneys?area=O-1A --- # EB-1A: the extraordinary ability green card Group: Founders and talent. Canonical page: https://proxenos.legal/us-immigration/visas/eb-1a This is the Einstein visa. The EB-1A is the green card for people at the top of their field, and it is the only employment-based green card you can win entirely on your own: no employer, no job offer, no labor certification. The press calls it the Einstein visa, and the nickname is apt; the regulation's example of a qualifying award is the Nobel Prize, and the standard is sustained national or international acclaim, proven with the same family of evidence as the O-1 and judged on the whole record. For most countries the category is current, so an approved petition leads straight to permanent residence; for India and China the wait is set by the Visa Bulletin. Education, not legal advice. The attorney you book will apply this to your facts. ## Signed into law - 1990, Immigration Act of 1990, signed by President George H. W. Bush. The 1990 Act created the employment-based preference system and put extraordinary ability first. ## Its standing The Immigration Act of 1990 put extraordinary ability first among the employment-based preferences, ahead of outstanding professors, multinational executives and everyone else, and exempted it from the labor certification that every ordinary employment green card requires. The message was the same as the O-1's, made permanent: the United States wants the people at the very top of every field, and it will not make them find an employer first. The evidence is judged in two steps. First, does the record meet at least 3 of the 10 criteria, or show one major internationally recognised award? Second, taken as a whole, does it show sustained acclaim and a place among the small percentage at the top of the field? Many petitions clear the first step and fail the second; the ones that succeed tell a story of recognition with independent proof at every point. For O-1 holders the EB-1A is the natural next chapter. The criteria overlap almost entirely, the O-1 approval is itself evidence that the field and the government have already recognised the work, and every year on the O-1 adds to the record. That is the path many founders take: O-1 to build, EB-1A to stay. ## What the regulation asks for A one-time achievement: a major internationally recognised award, or at least 3 of the following: 1. Lesser nationally or internationally recognised prizes or awards for excellence 2. Membership in associations that demand outstanding achievement of their members 3. Published material about you in professional or major trade publications or major media 4. Judging the work of others, individually or on a panel 5. Original contributions of major significance to the field 6. Authorship of scholarly articles in professional or major trade publications or major media 7. Display of your work at artistic exhibitions or showcases 8. A leading or critical role for organisations with a distinguished reputation 9. A high salary or remuneration relative to others in the field 10. Commercial success in the performing arts ## Who it fits - Founders, scientists, engineers and creators with a documented record of recognition - O-1 holders who have kept building the record - People who want permanence without depending on an employer ## Who should look elsewhere - Anyone whose evidence is thinner than the O-1 standard; the EB-1A is harder, not easier - People who need a work permit immediately; a green card takes longer than a work visa ## How long it takes Premium processing decides the I-140 in 45 business days. If a visa is available for your country, adjustment of status or consular processing follows: several months to over a year. India and China face multi-year waits set by the Visa Bulletin. ## What it costs Government fees: the I-140 filing fee, optional premium processing, then the adjustment of status fees (I-485, biometrics, work and travel permits) or consular fees. Legal fees are separate. ## How it fails - Meeting 3 of the 10 criteria on paper but failing the 'final merits' review that asks whether the whole record shows sustained acclaim - Evidence of employment rather than recognition (a good job is not acclaim) - Letters that praise rather than document - Filing before the record is ready, then carrying a denial into later petitions ## What changed recently USCIS clarified the two-step analysis (criteria, then final merits) and the treatment of team awards and comparable evidence in Policy Manual updates through 2025. ## By the numbers What USCIS reports about demand for this category, from its quarterly data. The month-by-month series below, when present, is the State Department's own count of EB-1 immigrant visas issued. 1. USCIS received 7,338 EB-1A petitions in the first quarter of fiscal year 2025 (October to December 2024), a 56% rise on the previous quarter; the self-petition and the clarified guidance drove it. Sources: - [USCIS Immigration and Citizenship Data, quarterly](https://www.uscis.gov/tools/reports-and-studies/immigration-and-citizenship-data) ## Month by month The State Department's monthly issuances for EB-1A (classes E11) are served live at https://proxenos.legal/api/stats/visas?kind=iv&classes=E11 (JSON: months, latest, top nationalities, source). Monthly figures are preliminary; the annual Report of the Visa Office is the source for fiscal-year totals. ## Five questions people ask **Do I need an employer?** No. The EB-1A is self-petitioned. You are the petitioner and the beneficiary. **How many criteria do I need?** At least 3 of the 10 regulatory criteria, or one major internationally recognised award. Then USCIS weighs the whole record. **Is it faster than an O-1?** No. It is a green card, so it takes longer, but it is permanent. Many people hold an O-1 while the EB-1A is pending. **Does my country matter?** Yes. The Visa Bulletin sets when a green card number is available; for most countries EB-1 is current, for India and China there is a wait. **Can my family come?** Yes. Spouse and unmarried children under 21 get green cards as derivatives. ## What to bring to a consultation - Everything on the O-1 list, plus evidence of impact over time - Citation counts, download figures, revenue or user numbers tied to your work - Judging, reviewing or panel invitations - Salary evidence compared with others in the field - Your priority date if you have an earlier petition ## The law - [INA 203(b)(1)(A)](https://uscode.house.gov/view.xhtml?path=/prelim@title8/chapter12&edition=prelim) - [8 CFR 204.5(h)](https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-204/section-204.5#p-204.5(h)) - [USCIS Policy Manual, Volume 6, Part F, Chapter 2](https://www.uscis.gov/policy-manual/volume-6-part-f-chapter-2) - [Visa Bulletin](https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html) - [USCIS fee schedule](https://www.uscis.gov/g-1055) ## Talk to an attorney Verified US immigration attorneys who do EB-1A work, by video, billed by the minute: https://proxenos.legal/attorneys?area=EB-1A --- # EB-2 National Interest Waiver: a green card for work that matters to the US Group: Founders and talent. Canonical page: https://proxenos.legal/us-immigration/visas/eb-2-niw The National Interest Waiver lets an EB-2 applicant skip the employer and the labor certification by showing the work has substantial merit and national importance, that they are well positioned to advance it, and that on balance waiving the job-offer requirement benefits the United States. It is the most common green card path for founders, researchers and engineers who do not yet meet the EB-1A bar. Education, not legal advice. The attorney you book will apply this to your facts. ## Signed into law - 1990, Immigration Act of 1990, signed by President George H. W. Bush. The national interest waiver is in the 1990 Act; its modern test comes from Matter of Dhanasar (2016). ## Who it fits - Founders building something with national reach: energy, health, infrastructure, technology - Researchers and engineers with an advanced degree or equivalent experience - STEM professionals whose work aligns with stated national priorities ## Who should look elsewhere - Work that is important to one employer but not beyond it; the standard is national - Applicants from India and China who need a green card soon; EB-2 waits are the longest in the system ## How long it takes Premium processing decides the I-140 in 45 business days. Then the wait for a visa number, which for most countries is short and for India and China is measured in years; then adjustment or consular processing. ## What it costs Government fees: I-140 filing fee, optional premium processing, then adjustment or consular fees. Legal fees separate. ## How it fails - Describing the job instead of the work's importance to the country - A plan with no evidence you are the person to carry it out (funding, users, publications, letters from people who would know) - Confusing the three prongs; each needs its own evidence - Ignoring the priority date reality for India and China ## What changed recently USCIS's 2022 Policy Manual update set out how STEM graduates and entrepreneurs can qualify; further clarifications followed in 2025. ## Month by month The State Department's monthly issuances for EB-2 NIW (classes E21) are served live at https://proxenos.legal/api/stats/visas?kind=iv&classes=E21 (JSON: months, latest, top nationalities, source). Monthly figures are preliminary; the annual Report of the Visa Office is the source for fiscal-year totals. ## Five questions people ask **What are the three prongs?** Substantial merit and national importance of the work; that you are well positioned to advance it; and that waiving the job offer benefits the US on balance. From Matter of Dhanasar. **Do I need a PhD?** No. An advanced degree, or a bachelor's plus 5 years of progressive experience, or exceptional ability qualifies you for EB-2 in the first place. **Can a founder qualify?** Yes. Entrepreneurs are explicitly addressed in USCIS guidance; evidence of funding, traction and a credible plan matters. **Is it easier than EB-1A?** The bar is lower, but the wait for a visa number can be far longer depending on your country of birth. **Can I work while it is pending?** Not on the NIW itself. People hold another status (O-1, H-1B, F-1 OPT) while the petition and the visa wait run. ## What to bring to a consultation - Degree certificates and transcripts, or evidence of 5 years of progressive experience - A written plan for the work and why it matters nationally - Evidence of traction: funding, users, publications, adoption - People who could write letters who know the field, not just you - Country of birth for both you and your spouse (it affects the wait) ## The law - [INA 203(b)(2)(B)](https://uscode.house.gov/view.xhtml?path=/prelim@title8/chapter12&edition=prelim) - [8 CFR 204.5(k)](https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-204/section-204.5#p-204.5(k)) - [USCIS Policy Manual, Volume 6, Part F, Chapter 5](https://www.uscis.gov/policy-manual/volume-6-part-f-chapter-5) - [Matter of Dhanasar (AAO 2016)](https://www.justice.gov/eoir/page/file/920996/dl) - [Visa Bulletin](https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html) ## Talk to an attorney Verified US immigration attorneys who do EB-2 NIW work, by video, billed by the minute: https://proxenos.legal/attorneys?area=EB-2%20NIW --- # E-2: the treaty investor visa Group: Founders and talent. Canonical page: https://proxenos.legal/us-immigration/visas/e-2 The E-2 lets a national of a country that has a commerce and navigation treaty with the United States live in the US to develop and direct a business they have invested in substantially. There is no fixed minimum; the investment has to be substantial relative to the business and at risk. It is granted in increments up to 2 years at a time and can be renewed indefinitely while the business operates. It does not lead to a green card by itself. Education, not legal advice. The attorney you book will apply this to your facts. ## Signed into law - 1952, Immigration and Nationality Act, signed by President Harry S. Truman. The treaty investor category dates to the 1952 Act, passed over President Truman's veto on June 27, 1952. ## The treaty countries The E-2 depends on your nationality, and only on your nationality. Where you live does not matter: a Brazilian living in London cannot hold one, and a German living in Brazil can. The one exception is written into the United Kingdom's 1815 convention, which covers UK nationals who actually reside in British territory in Europe. For a company, nationals of the one treaty country must own at least half of it. These are the 81 countries on the State Department's Treaty Countries table for the E-2, in the Department's own names and with its footnotes, as of September 2026. - Albania - Argentina - Armenia - Australia - Austria - Azerbaijan - Bahrain - Bangladesh - Belgium - Bolivia (footnote 13: investments in place by June 10, 2012 only) - Bosnia and Herzegovina - Bulgaria - Cameroon - Canada - Chile - China (Taiwan) - Colombia - Congo (Brazzaville) - Congo (Kinshasa) - Costa Rica - Croatia - Czech Republic - Denmark (not Greenland) - Ecuador (footnote 14: investments in place by May 18, 2018 only) - Egypt - Estonia - Ethiopia - Finland - France (including Martinique, Guadeloupe, French Guiana and Reunion) - Georgia - Germany - Grenada - Honduras - Ireland - Israel (since May 1, 2019) - Italy - Jamaica - Japan - Jordan - Kazakhstan - Korea (South) - Kosovo - Kyrgyzstan - Latvia - Liberia - Lithuania - Luxembourg - Macedonia - Mexico - Moldova - Mongolia - Montenegro - Morocco - Netherlands (including Aruba and the Netherlands Antilles) - New Zealand (since June 10, 2019) - Norway (not Svalbard) - Oman - Pakistan - Panama - Paraguay - Philippines - Poland - Portugal (since March 15, 2024) - Romania - Senegal - Serbia - Singapore - Slovak Republic - Slovenia - Spain - Sri Lanka - Suriname - Sweden - Switzerland - Thailand - Togo - Trinidad & Tobago - Tunisia - Turkey - Ukraine - United Kingdom (nationals who reside in the British Isles, the Channel Islands or Gibraltar; other Commonwealth nationals do not qualify) Worth knowing: Not on the table: India, China (the mainland), Brazil, Russia, Vietnam, Nigeria, South Africa, the United Arab Emirates and Saudi Arabia, among others. Brunei and Greece have treaties that cover only the E-1 trader. Iran is not on the table. A second nationality from a treaty country qualifies you, because the test is nationality. How long the visa is issued for, and for how many entries, is set country by country in the Department's reciprocity schedule. The table itself, with its footnotes, is the first source linked below; check it before relying on any list, including this one. ## Who it fits - Founders and buyers of US businesses from treaty countries (most of Europe, Japan, South Korea, Canada, Mexico, Australia and many others) - Owners who will actively run the business, not passive investors - Essential employees of the same nationality as the treaty business ## Who should look elsewhere - Nationals of countries not on the State Department's table, including India, mainland China, Brazil, Russia and Vietnam, unless they also hold a treaty nationality; the test is nationality, not residence - Anyone whose money is not at risk yet; the investment must be committed, not planned ## How long it takes Applied for at a consulate abroad in most cases: weeks to a few months depending on the post. Change of status inside the US through USCIS is possible but the result does not travel. ## What it costs Government fees: the visa application fee, and the I-129 fee if changing status in the US. The investment itself is the real cost and it must be real. Legal fees separate. ## How it fails - Investment that is marginal (only enough to support the owner) with no plan to grow or hire - Funds not yet spent or committed at the time of application - Weak source-of-funds documentation - The owner not being the person who directs the business ## What changed recently Treaty-country eligibility and posting practices change; the State Department list linked below is the current one. ## Month by month The State Department's monthly issuances for E-2 (classes E2) are served live at https://proxenos.legal/api/stats/visas?kind=niv&classes=E2 (JSON: months, latest, top nationalities, source). Monthly figures are preliminary; the annual Report of the Visa Office is the source for fiscal-year totals. ## Five questions people ask **Is there a minimum investment?** No fixed number. It must be substantial relative to the cost of the business and enough to make it succeed; consulates look at proportion, not a threshold. **Does it lead to a green card?** Not by itself. Many E-2 holders later pursue an EB-1A, NIW or EB-5, or an employer-sponsored green card. **Can I renew forever?** Yes, as long as the business continues to operate and you continue to direct it. **Can my spouse work?** Yes. E-2 spouses are authorised to work incident to status. **Which countries qualify?** Those with a qualifying treaty; the State Department keeps the list. India and China do not have one. ## What to bring to a consultation - Your passport nationality and any second nationality - Business plan with hiring projections - Proof of the source and transfer of the invested funds - Lease, incorporation, bank statements and contracts - Your role in running the business ## The law - [INA 101(a)(15)(E)](https://uscode.house.gov/view.xhtml?path=/prelim@title8/chapter12&edition=prelim) - [8 CFR 214.2(e)](https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-214/section-214.2#p-214.2(e)) - [State Department treaty countries](https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/treaty.html) - [Foreign Affairs Manual 9 FAM 402.9](https://fam.state.gov/fam/09FAM/09FAM040209.html) ## Talk to an attorney Verified US immigration attorneys who do E-2 work, by video, billed by the minute: https://proxenos.legal/attorneys?area=E-2 --- # EB-1B: the green card for outstanding professors and researchers Group: Founders and talent. Canonical page: https://proxenos.legal/us-immigration/visas/eb-1b The EB-1B is the green card for people who are outstanding in an academic field: at least 3 years of teaching or research experience, international recognition shown by at least 2 of 6 criteria, and a permanent job offer (a tenure-track post or a comparable research position) from a university or a private employer with at least 3 full-time researchers and documented accomplishments. The employer petitions; no labor certification is needed. The standard is lower than the EB-1A's, and the employer's sponsorship replaces the self-petition. Education, not legal advice. The attorney you book will apply this to your facts. ## Signed into law - 1990, Immigration Act of 1990, signed by President George H. W. Bush. One of the three first-preference categories the 1990 Act created, alongside extraordinary ability and multinational managers. ## Who it fits - Postdocs and professors with a citation record moving into a permanent academic post - Industrial researchers at companies with real research departments - People whose record is strong but short of the EB-1A's 'very top of the field' ## Who should look elsewhere - Anyone without a permanent offer; the job must be permanent or tenure-track, not a fixed-term postdoc - Researchers whose employer will not sponsor; the EB-1B cannot be self-petitioned ## How long it takes Premium processing decides the I-140 in 45 business days. EB-1 is current for most countries, so adjustment or consular processing follows; India and China wait by the Visa Bulletin. ## What it costs Government fees: I-140 filing fee, optional premium processing, then adjustment or consular fees. The employer typically pays the petition; legal fees are separate. ## How it fails - Experience counted from before the degree that does not meet the 3-year rule - An offer that is not permanent (a 2-year postdoc) - A private employer that cannot show 3 full-time researchers and documented achievements - Meeting 2 criteria on paper but failing the final merits review of international recognition ## What changed recently USCIS Policy Manual updates through 2025 clarified comparable evidence and the treatment of team achievements for EB-1B petitions. ## Month by month The State Department's monthly issuances for EB-1B (classes E12) are served live at https://proxenos.legal/api/stats/visas?kind=iv&classes=E12 (JSON: months, latest, top nationalities, source). Monthly figures are preliminary; the annual Report of the Visa Office is the source for fiscal-year totals. ## Five questions people ask **Can I self-petition?** No. The EB-1B needs an employer petition and a permanent job offer; the EB-1A is the self-petitioned route. **How many criteria?** At least 2 of 6 (major awards, membership requiring outstanding achievement, published material about your work, judging, original contributions, authorship of scholarly work), then a final merits review. **Does a postdoc count as a permanent offer?** Usually not. The offer must be tenure-track, tenured, or a research position of indefinite duration. **Do I need a labor certification?** No. All EB-1 categories are exempt from PERM. **Can a company sponsor me?** Yes, if it employs at least 3 full-time researchers and can document research achievements in the field. ## What to bring to a consultation - Offer letter showing the position is permanent or tenure-track - CV with publications, citations, reviewing and awards - Evidence of 3 years of experience after the degree - For a company: evidence of its research staff and achievements - Names of independent experts for letters ## The law - [INA 203(b)(1)(B)](https://uscode.house.gov/view.xhtml?path=/prelim@title8/chapter12&edition=prelim) - [8 CFR 204.5(i)](https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-204/section-204.5#p-204.5(i)) - [USCIS Policy Manual, Volume 6, Part F, Chapter 3](https://www.uscis.gov/policy-manual/volume-6-part-f-chapter-3) - [Visa Bulletin](https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html) ## Talk to an attorney Verified US immigration attorneys who do EB-1B work, by video, billed by the minute: https://proxenos.legal/attorneys?area=EB-1B --- # EB-5: the investor green card Group: Founders and talent. Canonical page: https://proxenos.legal/us-immigration/visas/eb-5 The EB-5 grants a conditional green card to an investor, spouse and children in exchange for a qualifying investment: $1,050,000, or $800,000 in a rural or high-unemployment area or an infrastructure project, in a new commercial enterprise that creates at least 10 full-time jobs for US workers. Most investors use a regional center, a USCIS-designated entity that pools investments into large projects and counts indirect jobs; direct investment in one's own business is the other route. The 2022 reform added integrity rules, set-aside visas for rural and high-unemployment projects that are current when the general category is backlogged, and let investors in the US file for adjustment at the same time as the petition. Conditions are removed after 2 years by proving the jobs were created. Education, not legal advice. The attorney you book will apply this to your facts. ## Signed into law - 1990, Immigration Act of 1990, signed by President George H. W. Bush. Created in 1990 and rewritten by the EB-5 Reform and Integrity Act of 2022, signed by President Biden on March 15, 2022. - 2022, EB-5 Reform and Integrity Act, President Joe Biden. Signed March 15, 2022: reauthorised regional centers, set the $1,050,000 and $800,000 amounts, and let investors file for the green card at the same time as the petition. - 2025, Executive Order 14351, the Trump Gold Card, President Donald Trump. Signed September 19, 2025, in President Trump's second term: a $1,000,000 gift to the Treasury by an individual, or $2,000,000 by a company, plus a $15,000 fee, in exchange for expedited permanent residence. Open since December 2025. It runs through the EB-1 and EB-2 categories rather than replacing the EB-5, which Congress created and only Congress can end. ## Who it fits - Investors with lawful, documented funds of $800,000 or more who want permanence without an employer or a talent case - Founders who will invest in and run their own US company at that scale - Families where the spouse and children need status together ## Who should look elsewhere - Anyone who cannot document the lawful source and path of every dollar; source-of-funds is the case - Investors who want a guaranteed return; the capital must be genuinely at risk ## How long it takes The I-526E petition: many months to over 2 years. Rural and high-unemployment set-asides have been current, so investors in the US can file adjustment concurrently and receive work and travel permits while waiting. Then 2 years of conditional residence and the I-829 to remove conditions. ## What it costs The investment itself, plus regional center administrative fees (typically tens of thousands of dollars), the I-526E and I-829 fees, the EB-5 Integrity Fund fee, and adjustment or consular fees. Legal fees separate. ## How it fails - Source-of-funds gaps: a gift, a loan or a property sale that cannot be traced end to end - A regional center project that fails to create the jobs, or fails altogether - Investing in a project that loses its designation or is found non-compliant - Reliance on a promoter's promises rather than the offering documents ## What changed recently The Trump Gold Card (Executive Order 14351, September 19, 2025) is the pay-for-priority alternative: a $1,000,000 gift, $2,000,000 from a company, with no job-creation requirement, filed under EB-1 or EB-2 and open since December 2025; the EB-5 itself remains in force. EB-5 petitions filed before September 30, 2026 are grandfathered under current rules, and the investment thresholds rise in January 2027. ## Month by month The State Department's monthly issuances for EB-5 (classes C5, T5, I5, R5) are served live at https://proxenos.legal/api/stats/visas?kind=iv&classes=C5,T5,I5,R5 (JSON: months, latest, top nationalities, source). Monthly figures are preliminary; the annual Report of the Visa Office is the source for fiscal-year totals. ## Five questions people ask **How much must I invest?** $1,050,000, or $800,000 in a targeted employment area (rural or high unemployment) or an infrastructure project. **Do I have to run the business?** Direct investors are involved in management; regional center investors are typically limited partners, which satisfies the requirement. **How many jobs?** At least 10 full-time jobs for US workers per investor; regional center projects can count indirect and induced jobs. **Can I live in the US while waiting?** If you are in the US in valid status and a visa number is available (set-asides have been current), you can file adjustment with the petition and get work and travel permits. **What are the conditions?** The first green card is conditional for 2 years; you file the I-829 with proof of the investment and the jobs to make it permanent. ## What to bring to a consultation - Documents tracing the source of funds: tax returns, sale contracts, bank statements, gift letters - The regional center's offering documents and USCIS designation, or your own business plan - Passports and civil documents for the family - Current status if in the US - Any prior US immigration history ## The law - [INA 203(b)(5)](https://uscode.house.gov/view.xhtml?path=/prelim@title8/chapter12&edition=prelim) - [8 CFR 204.6](https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-204/section-204.6) - [USCIS EB-5 page](https://www.uscis.gov/working-in-the-united-states/permanent-workers/eb-5-immigrant-investor-program) - [EB-5 Reform and Integrity Act of 2022 (Public Law 117-103, Division BB)](https://www.congress.gov/bill/117th-congress/house-bill/2471) - [Visa Bulletin](https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html) ## Talk to an attorney Verified US immigration attorneys who do EB-5 work, by video, billed by the minute: https://proxenos.legal/attorneys?area=EB-5 --- # B-1/B-2: the visitor visa for business and tourism Group: Visiting. Canonical page: https://proxenos.legal/us-immigration/visas/b-1-b-2 The B visa is how most visitors enter the United States: the B-1 for business that is not employment (meetings, conferences, negotiating contracts, training, investigating an investment), the B-2 for tourism, visiting family, medical treatment and social events. Citizens of more than 40 countries can skip it under the Visa Waiver Program: an ESTA authorisation and up to 90 days per visit. Everyone else applies at a consulate on Form DS-160, pays the fee and attends an interview, where the law presumes the applicant intends to immigrate until they show ties that will bring them home. A B visa is usually valid for years and many entries; each entry is admitted for a set period, typically 6 months, shown on the I-94. Overstaying it, working on it, or using it to move here permanently are the three ways it goes wrong. Education, not legal advice. The attorney you book will apply this to your facts. ## Signed into law - 1952, Immigration and Nationality Act, signed by President Harry S. Truman. The B classification is in the 1952 Act; the Visa Waiver Program that lets citizens of more than 40 countries visit without one began in 1986. ## Who it fits - Business travellers coming for meetings, trade shows, negotiations, training or to explore an investment, without being paid by a US source - Tourists, family visitors, and people coming for medical treatment - Prospective students and workers making a preliminary visit before the right visa is arranged - Citizens of Visa Waiver countries who need more than 90 days, or who were refused an ESTA ## Who should look elsewhere - Anyone coming to work for a US employer, even briefly; that is an H, L, O or E matter - Anyone intending to stay permanently; applying to adjust status soon after a B entry invites a finding of misrepresentation - People with a prior overstay or removal, who need an attorney before applying ## How long it takes The interview wait is the timeline, and it ranges from days to many months by consulate; the State Department publishes the wait per post. Once issued, entry is immediate. Visa Waiver travellers apply for ESTA online, usually approved within minutes to 72 hours. ## What it costs Government fees: the visa application fee (MRV) paid before the interview, and for some nationalities a reciprocity fee at issuance; ESTA has a small fee. Legal fees separate; most visitors need no lawyer, and the ones who do are the ones with a prior refusal, an overstay, or a plan to change status. ## How it fails - Refusal under INA 214(b): the officer is not satisfied you will leave; the answer is evidence of ties (job, family, property, return ticket), not a better story - Working on a B visa, including remote work for a US employer or paid gigs; a single instance can bar future visas - Overstaying the I-94 date, which cancels the visa automatically and triggers bars after 180 days or 1 year of unlawful presence - Entering as a visitor and marrying or filing to adjust within weeks; USCIS looks hard at intent at entry - Applying at a third-country consulate to dodge a long wait; many posts refuse third-country applicants ## What changed recently Interview wait times, which spiked after 2020, have fallen at most posts; the Visa Waiver Program has grown (Qatar joined in 2024 and Romania in 2025), and ESTA rules bar travellers who have visited certain countries since 2011 or hold their nationality. ## Month by month The State Department's monthly issuances for B-1/B-2 (classes B1/B2, B1, B2) are served live at https://proxenos.legal/api/stats/visas?kind=niv&classes=B1/B2,B1,B2 (JSON: months, latest, top nationalities, source). Monthly figures are preliminary; the annual Report of the Visa Office is the source for fiscal-year totals. ## Five questions people ask **Do I need a visa at all?** If you are a citizen of a Visa Waiver country and staying 90 days or less, you need an ESTA, not a visa. Everyone else, and anyone staying longer, needs the B visa. **How long can I stay?** Each entry is admitted for the period on your I-94, usually 6 months. The visa's own validity (often 10 years) is how long you can use it to travel, not how long you can stay. **Can I work while visiting?** No. Meetings, conferences and negotiations are fine on the B-1; any work for pay from a US source, including remote work for a US company, is not. **Why was I refused under 214(b)?** The law presumes visitors intend to immigrate; the officer was not convinced you would leave. Reapply with evidence of ties: employment, family, property, prior travel and timely returns. **Can I extend or change status?** Yes, by filing with USCIS before your I-94 expires: an extension on Form I-539, or a change to a student or work status. Changing to a green card soon after entry is where intent problems arise. ## What to bring to a consultation - Passport, and any prior US visas or refusal letters - Your I-94 if you are in the US now - Evidence of ties at home: employment letter, family, property, return plans - The purpose of the trip and who is paying for it - Any plan to study, work or stay longer, so the right visa can be chosen instead ## The law - [INA 101(a)(15)(B)](https://uscode.house.gov/view.xhtml?path=/prelim@title8/chapter12&edition=prelim) - [8 CFR 214.2(b)](https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-214/section-214.2#p-214.2(b)) - [State Department visitor visa page](https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visitor.html) - [Visa Waiver Program](https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visa-waiver-program.html) - [Interview wait times by post](https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/global-visa-wait-times.html) - [CBP I-94 lookup](https://i94.cbp.dhs.gov/) ## Talk to an attorney Verified US immigration attorneys who do B-1/B-2 work, by video, billed by the minute: https://proxenos.legal/attorneys?area=B-1/B-2 --- # H-1B: the specialty occupation work visa Group: Work and business. Canonical page: https://proxenos.legal/us-immigration/visas/h-1b The H-1B is the main US work visa for degree-level jobs. The employer petitions, pays the prevailing wage, and files a labor condition application. There are 85,000 new visas a year (65,000 plus 20,000 for US master's holders), allocated by a registration lottery held in March, with a beneficiary-centric selection that gives each person one entry regardless of how many employers register them. Universities and non-profit research organisations are exempt from the cap. Initial grant 3 years, extendable to 6, and beyond 6 while a green card is in process. Education, not legal advice. The attorney you book will apply this to your facts. ## Signed into law - 1990, Immigration Act of 1990, signed by President George H. W. Bush. The 1990 Act split the old H-1 into the H-1B and set the first annual cap of 65,000. ## Who it fits - Graduates with a job offer in their field from an employer willing to sponsor - F-1 students on OPT moving to employment - People changing employers who already hold H-1B status (no new lottery needed) ## Who should look elsewhere - Founders who want to work for a company they control without a real employer structure - Jobs that do not require a specific degree - Anyone who cannot wait for the annual lottery, unless the employer is cap-exempt ## How long it takes Registration in March, selection by the end of March, petition filing from April 1, start date October 1 at the earliest. Premium processing decides the petition in 15 business days. Cap-exempt petitions can be filed any time. ## What it costs Government fees: registration fee, I-129 filing fee, ACWIA training fee, fraud prevention fee, asylum program fee, and optional premium processing. Most must be paid by the employer by law. Legal fees separate. ## How it fails - Not being selected in the lottery (the most common outcome) - A job description that does not clearly require a specific degree - Wage level or worksite problems in the labor condition application - Gaps in status between OPT and the H-1B start date ## What changed recently The beneficiary-centric lottery began with the 2025 cap season; USCIS's 2025 modernisation rule updated the specialty occupation definition and cap-exemption rules. ## Month by month The State Department's monthly issuances for H-1B (classes H1B) are served live at https://proxenos.legal/api/stats/visas?kind=niv&classes=H1B (JSON: months, latest, top nationalities, source). Monthly figures are preliminary; the annual Report of the Visa Office is the source for fiscal-year totals. ## Five questions people ask **How many H-1Bs are there each year?** 85,000 under the cap: 65,000 regular plus 20,000 for US advanced-degree holders. Universities and research non-profits are exempt from the cap. **Do I get more lottery chances with more employers?** No. Since the beneficiary-centric change, each person has one entry regardless of how many employers register them. **Can I change employers?** Yes, through an H-1B transfer petition; you can start with the new employer when it is filed, without a new lottery. **How long can I stay?** 3 years, extendable to 6; beyond 6 in 1- or 3-year increments if a green card process reached certain milestones. **Can my spouse work?** H-4 spouses can work only if the H-1B holder has an approved I-140 or qualifies for extensions beyond 6 years. ## What to bring to a consultation - Degree certificates and an evaluation if the degree is foreign - Job offer letter with title, duties, salary and worksite - Current status documents (I-94, OPT card, prior approvals) - Any prior H-1B approvals (they may exempt you from the cap) - Employer's willingness to pay the fees the law assigns to them ## The law - [INA 101(a)(15)(H)(i)(b)](https://uscode.house.gov/view.xhtml?path=/prelim@title8/chapter12&edition=prelim) - [8 CFR 214.2(h)](https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-214/section-214.2#p-214.2(h)) - [USCIS H-1B cap season page](https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations) - [USCIS fee schedule](https://www.uscis.gov/g-1055) - [USCIS processing times](https://egov.uscis.gov/processing-times/) ## Talk to an attorney Verified US immigration attorneys who do H-1B work, by video, billed by the minute: https://proxenos.legal/attorneys?area=H-1B --- # L-1: transferring within your company to the US Group: Work and business. Canonical page: https://proxenos.legal/us-immigration/visas/l-1 The L-1 moves an employee from a company abroad to a parent, subsidiary, branch or affiliate in the United States. L-1A is for managers and executives (up to 7 years), L-1B for specialised knowledge (up to 5). You need at least 1 continuous year with the foreign entity in the last 3. A new US office can sponsor an L-1A for its first year on a business plan. The L-1A leads naturally to the EB-1C multinational manager green card, with no labor certification. Education, not legal advice. The attorney you book will apply this to your facts. ## Signed into law - 1970, Act of April 7, 1970 (Public Law 91-225), signed by President Richard Nixon. Created the L-1 intracompany transferee for multinational companies moving staff to the United States. ## Who it fits - Founders expanding a foreign company to the US who will run the US office - Executives and managers of multinationals - Engineers with knowledge specific to the company's products or processes ## Who should look elsewhere - Someone hired by the US company directly with no year abroad - Companies with no real foreign entity or no qualifying relationship ## How long it takes Premium processing decides the I-129 in 15 business days. New-office L-1As are granted for 1 year and then extended on evidence that the office is operating. Consular processing adds weeks. ## What it costs Government fees: I-129 filing fee, fraud prevention fee, asylum program fee, premium processing if used. Legal fees separate. ## How it fails - Manager or executive duties on paper but hands-on work in practice - A new office with no lease, no plan and no staff after the first year - Specialised knowledge that is really general industry skill - Corporate relationship documents that do not show ownership and control ## What changed recently USCIS updated L-1 guidance on the qualifying relationship and on new offices in its Policy Manual; blanket L petitions remain available for large organisations. ## Month by month The State Department's monthly issuances for L-1 (classes L1) are served live at https://proxenos.legal/api/stats/visas?kind=niv&classes=L1 (JSON: months, latest, top nationalities, source). Monthly figures are preliminary; the annual Report of the Visa Office is the source for fiscal-year totals. ## Five questions people ask **How long must I have worked abroad?** At least 1 continuous year in the last 3, for the related foreign entity, in a managerial, executive or specialised-knowledge role. **Can a brand-new US office sponsor me?** Yes, for an initial 1-year L-1A on a business plan, premises and evidence of the foreign company's ability to fund it. **Does it lead to a green card?** The L-1A pairs with the EB-1C multinational manager green card, which needs no labor certification. **Can my spouse work?** Yes. L-2 spouses are authorised to work incident to status. **Is there a cap?** No. The L-1 has no annual limit and no lottery. ## What to bring to a consultation - Corporate documents for both companies showing the relationship - Your employment history abroad with dates and duties - Organisational charts for both offices - For a new office: lease, plan, funding, hiring timeline - Payroll or contracts proving the year abroad ## The law - [INA 101(a)(15)(L)](https://uscode.house.gov/view.xhtml?path=/prelim@title8/chapter12&edition=prelim) - [8 CFR 214.2(l)](https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-214/section-214.2#p-214.2(l)) - [USCIS L-1A page](https://www.uscis.gov/working-in-the-united-states/temporary-workers/l-1a-intracompany-transferee-executive-or-manager) - [USCIS fee schedule](https://www.uscis.gov/g-1055) ## Talk to an attorney Verified US immigration attorneys who do L-1 work, by video, billed by the minute: https://proxenos.legal/attorneys?area=L-1 --- # EB-1C: the multinational manager and executive green card Group: Work and business. Canonical page: https://proxenos.legal/us-immigration/visas/eb-1c The EB-1C gives a green card to a manager or executive who worked for at least 1 year in the last 3 for a company abroad and is coming to work for a related US company (parent, subsidiary, branch or affiliate) in a managerial or executive role. The US company must have been doing business for at least 1 year. It follows the L-1A closely but is judged more strictly: the duties must be truly managerial or executive, and the corporate relationship must be documented in detail. Education, not legal advice. The attorney you book will apply this to your facts. ## Signed into law - 1990, Immigration Act of 1990, signed by President George H. W. Bush. The permanent counterpart of the L-1A, created by the same Act. ## Who it fits - L-1A holders whose US office is now established - Founders who expanded a foreign company to the US and run the US entity as an executive - Executives of multinationals moving permanently ## Who should look elsewhere - Managers of a US office less than 1 year old; wait until it qualifies - Anyone whose day-to-day work is hands-on rather than managing people or a function ## How long it takes The I-140 has no premium processing for EB-1C in most periods (check USCIS), so decisions take many months. EB-1 is current for most countries; India and China wait. ## What it costs Government fees: I-140 filing fee, then adjustment or consular fees. Employer-paid petition; legal fees separate. ## How it fails - An organisational chart that shows a manager with no subordinates and no function managed - A qualifying relationship that cannot be proved with ownership and control documents - A US company under 1 year old or with too few employees to need an executive - Inconsistencies between the L-1A record and the EB-1C petition ## What changed recently USCIS guidance on 'function managers' and on new-office L-1A to EB-1C transitions was clarified in the Policy Manual in 2024 and 2025. ## Month by month The State Department's monthly issuances for EB-1C (classes E13) are served live at https://proxenos.legal/api/stats/visas?kind=iv&classes=E13 (JSON: months, latest, top nationalities, source). Monthly figures are preliminary; the annual Report of the Visa Office is the source for fiscal-year totals. ## Five questions people ask **Do I need to have held an L-1A?** No. The EB-1C is separate; many applicants come from L-1A, but the requirement is 1 year abroad in the last 3 in a qualifying role. **Is there a labor certification?** No. EB-1C is exempt from PERM. **Can a founder qualify?** Yes, if the foreign and US companies have a qualifying relationship and the founder's US role is executive or managerial in substance. **How new can the US company be?** It must have been doing business for at least 1 year when the petition is filed. **What is a function manager?** Someone who manages an essential function of the organisation without necessarily supervising staff; USCIS guidance sets out how to prove it. ## What to bring to a consultation - Corporate documents proving ownership between the two companies - Organisational charts for both entities - Your job descriptions abroad and in the US, with dates - The US company's tax returns, payroll and business evidence for the last year - Prior L-1 approvals if any ## The law - [INA 203(b)(1)(C)](https://uscode.house.gov/view.xhtml?path=/prelim@title8/chapter12&edition=prelim) - [8 CFR 204.5(j)](https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-204/section-204.5#p-204.5(j)) - [USCIS Policy Manual, Volume 6, Part F, Chapter 4](https://www.uscis.gov/policy-manual/volume-6-part-f-chapter-4) - [Visa Bulletin](https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html) ## Talk to an attorney Verified US immigration attorneys who do EB-1C work, by video, billed by the minute: https://proxenos.legal/attorneys?area=L-1 --- # EB-2: the advanced-degree green card through an employer (PERM) Group: Work and business. Canonical page: https://proxenos.legal/us-immigration/visas/eb-2 The EB-2 through PERM is how most employer-sponsored professionals get a green card. The employer first obtains a labor certification from the Department of Labor by recruiting for the job and showing no able, willing, qualified US worker applied; then it files the I-140 for a worker who holds an advanced degree or a bachelor's with 5 years of progressive experience, or has exceptional ability. The employer must pay the prevailing wage. For most countries the wait is short; for India and China the EB-2 queue is the longest in the system, measured in years. Education, not legal advice. The attorney you book will apply this to your facts. ## Signed into law - 1990, Immigration Act of 1990, signed by President George H. W. Bush. The 1990 Act set the current five employment-based preferences; labor certification itself dates to the 1952 Act. ## Who it fits - Professionals with a master's degree, or a bachelor's plus 5 years of experience, whose employer will sponsor - H-1B holders whose employer starts the green card in their first years - Workers whose job genuinely requires the advanced degree ## Who should look elsewhere - Anyone whose employer will not run the recruitment; PERM is the employer's process - Applicants from India and China who need permanence soon; consider EB-1 or NIW ## How long it takes Prevailing wage determination and recruitment: 6 to 12 months. PERM adjudication: many months more. Then the I-140 (premium processing available) and the visa wait, from none to many years by country. From start to green card: 2 years for most, far longer for India and China. ## What it costs Government fees: recruitment costs and the I-140 filing fee (which the law requires the employer to pay for PERM), then adjustment or consular fees. Legal fees separate. ## How it fails - Job requirements tailored to the worker rather than the job, which the Department of Labor rejects - Recruitment defects: ads placed wrong, applicants not properly considered - A wage below the prevailing wage - The worker gaining the required experience with the same employer in a substantially similar job - Priority date retrogression after years of waiting ## What changed recently The Department of Labor's PERM system moved to the FLAG platform; prevailing wage timelines and PERM processing times move quarterly and are published. ## Month by month The State Department's monthly issuances for EB-2 (classes E21) are served live at https://proxenos.legal/api/stats/visas?kind=iv&classes=E21 (JSON: months, latest, top nationalities, source). Monthly figures are preliminary; the annual Report of the Visa Office is the source for fiscal-year totals. ## Five questions people ask **What is PERM?** The Department of Labor's certification that no qualified US worker is available for the job at the prevailing wage, obtained through a defined recruitment process. **Who pays?** The employer must pay the PERM costs and the I-140 fee; the worker may pay adjustment fees. **Does my priority date carry over?** Yes. An approved I-140's priority date can be retained for later petitions, even with a new employer. **Can I change jobs while waiting?** After the I-485 has been pending 180 days, you can move to a same-or-similar job under portability. **Why is India's wait so long?** Per-country limits cap each country at 7 percent of the annual total, and demand from India far exceeds that share. ## What to bring to a consultation - Degree certificates and an evaluation if foreign - Experience letters from past employers with duties and dates - The job description and its minimum requirements - Your current status and any prior I-140s - Country of birth for you and your spouse ## The law - [INA 203(b)(2) and 212(a)(5)](https://uscode.house.gov/view.xhtml?path=/prelim@title8/chapter12&edition=prelim) - [20 CFR 656 (labor certification)](https://www.ecfr.gov/current/title-20/chapter-V/part-656) - [8 CFR 204.5(k)](https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-204/section-204.5#p-204.5(k)) - [DOL PERM processing times](https://flag.dol.gov/processingtimes) - [Visa Bulletin](https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html) ## Talk to an attorney Verified US immigration attorneys who do EB-2 work, by video, billed by the minute: https://proxenos.legal/attorneys?area=PERM --- # EB-3: skilled workers, professionals and other workers Group: Work and business. Canonical page: https://proxenos.legal/us-immigration/visas/eb-3 The EB-3 covers three groups: skilled workers in jobs requiring at least 2 years of training or experience, professionals in jobs requiring a bachelor's degree, and other workers in jobs requiring less than 2 years. All three go through PERM labor certification and an employer's I-140. It is the route for nurses, tradespeople, cooks, technicians and many professionals whose jobs do not require an advanced degree. The other-worker sub-category is capped at 10,000 a year and its wait is long for everyone. Education, not legal advice. The attorney you book will apply this to your facts. ## Signed into law - 1990, Immigration Act of 1990, signed by President George H. W. Bush. Third preference, with a 10,000-a-year sub-cap for 'other workers' in jobs needing under 2 years of training. ## Who it fits - Workers in jobs that need a degree or 2 years of experience with an employer willing to sponsor - Nurses (Schedule A, which skips recruitment), teachers, technicians, tradespeople - Workers in lower-skilled jobs through the other-worker category, with patience ## Who should look elsewhere - Anyone who qualifies for EB-2 and is not from a backlogged country; EB-2 usually moves faster - Workers whose employer will not run PERM ## How long it takes PERM (6 to 18 months) plus the I-140, then the visa wait, which for EB-3 is often longer than EB-2 for most countries and years for India, China and the Philippines. Other workers wait longer still. ## What it costs Government fees: recruitment and I-140 (employer-paid), then adjustment or consular fees. Legal fees separate. ## How it fails - The same PERM defects as EB-2: tailored requirements, recruitment errors, wage problems - Experience gained with the same employer in the same job - Filing under the wrong sub-category - Employer changes or layoffs during a multi-year wait that undermine the job offer ## What changed recently Schedule A (nurses and physical therapists) remains exempt from recruitment; the Department of Labor sought comment on expanding it in 2024 and 2025. ## Month by month The State Department's monthly issuances for EB-3 (classes E31, E32, EW3) are served live at https://proxenos.legal/api/stats/visas?kind=iv&classes=E31,E32,EW3 (JSON: months, latest, top nationalities, source). Monthly figures are preliminary; the annual Report of the Visa Office is the source for fiscal-year totals. ## Five questions people ask **What is the difference between EB-2 and EB-3?** The job's minimum requirement: EB-2 needs an advanced degree or a bachelor's plus 5 years; EB-3 needs a bachelor's, or 2 years of experience, or less. **Do nurses need PERM recruitment?** No. Registered nurses and physical therapists are on Schedule A and skip the recruitment step, though the I-140 and wage rules still apply. **Is there a cap for other workers?** Yes, 10,000 a year across all countries, which is why that wait is long. **Can I move from EB-3 to EB-2?** Yes, with a new PERM and I-140 for a job that qualifies, keeping your earlier priority date. **Can the employer change?** After 180 days of a pending I-485, portability allows a same-or-similar job; before that a new petition is generally required. ## What to bring to a consultation - Degree or experience evidence matching the job's minimum requirement - Employer's willingness to run PERM and pay the wage - For nurses: licence and VisaScreen certificate - Current status documents - Country of birth ## The law - [INA 203(b)(3)](https://uscode.house.gov/view.xhtml?path=/prelim@title8/chapter12&edition=prelim) - [8 CFR 204.5(l)](https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-204/section-204.5#p-204.5(l)) - [20 CFR 656.5 (Schedule A)](https://www.ecfr.gov/current/title-20/chapter-V/part-656/subpart-A/section-656.5) - [Visa Bulletin](https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html) ## Talk to an attorney Verified US immigration attorneys who do EB-3 work, by video, billed by the minute: https://proxenos.legal/attorneys?area=PERM --- # TN: the USMCA professional visa for Canadians and Mexicans Group: Work and business. Canonical page: https://proxenos.legal/us-immigration/visas/tn The TN lets Canadian and Mexican citizens work in the United States in one of the professions listed in the treaty (engineers, accountants, scientists, computer systems analysts, management consultants, nurses, teachers and others) with a US employer's offer. There is no annual limit and no lottery. Canadians apply at a port of entry with the offer letter and credentials and can be admitted the same day; Mexicans apply at a consulate. It is granted for up to 3 years at a time and can be renewed indefinitely, though it is a temporary status and intending immigrants must be careful. Education, not legal advice. The attorney you book will apply this to your facts. ## Signed into law - 1993, North American Free Trade Agreement Implementation Act, signed by President Bill Clinton. Signed December 8, 1993; continued by the USMCA in 2020. ## Who it fits - Canadian and Mexican citizens with a degree in a listed profession and a matching US job - Employers who need someone quickly and cannot wait for the H-1B lottery - Professionals who may later move to an H-1B, an O-1 or a green card ## Who should look elsewhere - Anyone whose occupation is not on the list, or whose degree does not match the listed requirement - Founders who want to work for their own company; self-employment is not permitted on a TN ## How long it takes Canadians: the same day at the border, with a small fee. Mexicans: a consular appointment, weeks. Renewals at the border or by petition to USCIS. ## What it costs Government fees: the admission fee at the border for Canadians, the visa fee for Mexicans, or the I-129 fee if applying through USCIS. Legal fees separate and usually modest. ## How it fails - A job title that fits the list but duties that do not - A degree in a different field from the profession claimed - Signs of intent to stay permanently while presenting a temporary status - Being turned away at the border and applying again without fixing the problem ## What changed recently The USMCA (2020) kept the TN list unchanged; the Department of State and CBP have updated guidance on management consultants and computer systems analysts, two frequently refused categories. ## Month by month The State Department's monthly issuances for TN (classes TN) are served live at https://proxenos.legal/api/stats/visas?kind=niv&classes=TN (JSON: months, latest, top nationalities, source). Monthly figures are preliminary; the annual Report of the Visa Office is the source for fiscal-year totals. ## Five questions people ask **Is there a cap?** No. TN has no annual limit and no lottery. **How long can I stay?** Up to 3 years per admission, renewable indefinitely while the job continues. **Can I start my own company?** Not on a TN. Self-employment is not permitted; a founder would look at the E-2, L-1 or O-1. **Can my spouse work?** TD spouses cannot work; they can study. **Does it lead to a green card?** Not directly, and TN requires temporary intent; many move to an H-1B or O-1 first, or proceed carefully with an employer green card. ## What to bring to a consultation - Proof of Canadian or Mexican citizenship - The employer's offer letter naming the profession, duties, salary and duration - Degree and any licence the profession requires - Prior TN admissions if any - For Mexicans: consular appointment details ## The law - [INA 214(e)](https://uscode.house.gov/view.xhtml?path=/prelim@title8/chapter12&edition=prelim) - [8 CFR 214.6](https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-214/section-214.6) - [USMCA Chapter 16, Appendix 2 (the profession list)](https://ustr.gov/trade-agreements/free-trade-agreements/united-states-mexico-canada-agreement/agreement-between) - [USCIS TN page](https://www.uscis.gov/working-in-the-united-states/temporary-workers/tn-usmca-professionals) ## Talk to an attorney Verified US immigration attorneys who do TN work, by video, billed by the minute: https://proxenos.legal/attorneys?area=TN --- # F-1 and OPT: study in the United States, then work in your field Group: Work and business. Canonical page: https://proxenos.legal/us-immigration/visas/f-1-opt The F-1 admits full-time students at SEVP-certified schools. After graduation, Optional Practical Training allows 12 months of work in the field of study, and graduates with a STEM degree can extend for 24 months more with an E-Verify employer, giving up to 3 years to find a longer path. Curricular Practical Training allows work during the program. The status is tied to the school and the I-20; the school's designated official, not USCIS, manages most of it. The F-1 is where most of the country's future H-1Bs, O-1s and green card holders begin. Education, not legal advice. The attorney you book will apply this to your facts. ## Signed into law - 1952, Immigration and Nationality Act, signed by President Harry S. Truman. The F-1 student class dates to the 1952 Act; Optional Practical Training and the STEM extension come from regulation, the 24-month STEM rule in 2016. ## Who it fits - Admitted students with funds for the program - Graduates using OPT to work while an employer files the H-1B or an O-1 is prepared - STEM graduates who want 3 years of work authorisation after the degree ## Who should look elsewhere - Anyone intending to work more than the program allows; unauthorised work ends the status - Students at schools that are not SEVP-certified ## How long it takes The I-20 from the school, then the visa interview and admission. OPT: apply up to 90 days before graduation and no later than 60 days after; USCIS takes 1 to 3 months. STEM extension: apply before the first OPT expires. ## What it costs Government fees: the SEVIS fee and the visa fee; the I-765 fee for each OPT application. Tuition is the real cost. Legal fees separate and usually unnecessary for the F-1 itself. ## How it fails - Missing the OPT filing window - More than 90 days of unemployment on OPT (150 days with the STEM extension) - Unauthorised work or dropping below a full course load - A cap-gap misunderstanding between OPT expiry and the H-1B start ## What changed recently The 2016 STEM OPT rule set the 24-month extension and the training plan (I-983); USCIS's 2025 H-1B modernisation rule extended cap-gap protection to April 1 of the following year. ## Month by month The State Department's monthly issuances for F-1 and OPT (classes F1) are served live at https://proxenos.legal/api/stats/visas?kind=niv&classes=F1 (JSON: months, latest, top nationalities, source). Monthly figures are preliminary; the annual Report of the Visa Office is the source for fiscal-year totals. ## Five questions people ask **How long is OPT?** 12 months after graduation, plus 24 more for STEM degrees with an E-Verify employer and a training plan. **When do I apply?** Up to 90 days before your program ends and no later than 60 days after; the STEM extension before the first period expires. **Can I be unemployed on OPT?** Up to 90 days total, or 150 with the STEM extension; more ends the status. **What is cap-gap?** If your employer's H-1B registration is selected and the petition filed, your F-1 and OPT are extended until the H-1B starts, now up to April 1 of the following year. **Can I travel?** Yes with a valid visa, I-20 endorsed for travel and, on OPT, the EAD and proof of employment; re-entry during a pending application is risky. ## What to bring to a consultation - I-20 and SEVIS record - Passport and visa - Degree and program end date - Job offer or employer details for OPT and STEM - Any unemployment days already used ## The law - [INA 101(a)(15)(F)](https://uscode.house.gov/view.xhtml?path=/prelim@title8/chapter12&edition=prelim) - [8 CFR 214.2(f)](https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-214/section-214.2#p-214.2(f)) - [USCIS OPT page](https://www.uscis.gov/working-in-the-united-states/students-and-exchange-visitors/optional-practical-training-opt-for-f-1-students) - [ICE SEVP](https://www.ice.gov/sevis) ## Talk to an attorney Verified US immigration attorneys who do F-1 and OPT work, by video, billed by the minute: https://proxenos.legal/attorneys?area=H-1B --- # Family-based green cards: spouses, parents, children and siblings Group: Family. Canonical page: https://proxenos.legal/us-immigration/visas/family-green-card A US citizen can sponsor a spouse, unmarried child under 21 or parent as an immediate relative, with no annual limit and no queue. Citizens can also sponsor married or adult children and siblings, and permanent residents can sponsor spouses and unmarried children; those categories have annual limits and waits set monthly by the Visa Bulletin, from a year or two to decades for some countries and categories. The relative files the I-130; the immigrant then adjusts status inside the US or processes at a consulate, and the sponsor signs a legally enforceable affidavit of support. Education, not legal advice. The attorney you book will apply this to your facts. ## Signed into law - 1965, Immigration and Nationality Act of 1965 (Hart-Celler), signed by President Lyndon B. Johnson. Signed at the foot of the Statue of Liberty on October 3, 1965; it ended national-origin quotas and made family reunification the centre of the system. ## Who it fits - Spouses of US citizens, including after a K-1 fiance entry - Parents and unmarried minor children of adult citizens - Spouses and children of permanent residents (with a wait) - Adult children and siblings of citizens (with a longer wait) ## Who should look elsewhere - Relationships that cannot be documented as genuine; marriage fraud is investigated and prosecuted - Immigrants who entered without inspection and want to adjust inside the US; that often requires a waiver and consular processing, which an attorney must assess ## How long it takes Immediate relatives: I-130 and adjustment can be filed together; roughly a year in many offices, longer in others. Preference categories: the I-130 wait plus the Visa Bulletin wait, which is the number to check first. ## What it costs Government fees: I-130, and for adjustment the I-485, biometrics, work permit and travel document; consular processing has its own fees plus the USCIS immigrant fee. Legal fees separate. ## How it fails - Thin evidence that the relationship is real (joint finances, residence, photos, affidavits) - Sponsor income below the affidavit of support threshold without a joint sponsor - Prior immigration violations that trigger bars, discovered late - Filing adjustment when consular processing was the only lawful route ## What changed recently USCIS fee amounts and the affidavit of support income guidelines change yearly; the current figures are linked below. ## Month by month The State Department's monthly issuances for Family green card (classes IR1, CR1, IR5, IR2, CR2) are served live at https://proxenos.legal/api/stats/visas?kind=iv&classes=IR1,CR1,IR5,IR2,CR2 (JSON: months, latest, top nationalities, source). Monthly figures are preliminary; the annual Report of the Visa Office is the source for fiscal-year totals. ## Five questions people ask **Is there a wait for the spouse of a US citizen?** No annual limit and no Visa Bulletin wait; only the processing time of the petition and the adjustment or consular steps. **Can a green card holder sponsor a spouse?** Yes, in the F2A category, which has an annual limit; the wait is set by the Visa Bulletin and has ranged from current to a few years. **What is the affidavit of support?** A legally enforceable promise by the sponsor to support the immigrant at 125% of the poverty guidelines; a joint sponsor can help. **Can I work while adjusting?** Yes, once the work permit filed with the adjustment application is approved. **Does entering without a visa block me?** It can. Some spouses of citizens can still adjust; others need a waiver and a consular interview. This is where an attorney is essential. ## What to bring to a consultation - Proof of the relationship: marriage or birth certificates, and evidence of a shared life - The sponsor's proof of citizenship or residence - The sponsor's tax returns and income evidence - The immigrant's full entry and status history, including any overstays or prior orders - Passports and birth certificates for everyone ## The law - [INA 201(b) and 203(a)](https://uscode.house.gov/view.xhtml?path=/prelim@title8/chapter12&edition=prelim) - [8 CFR 204.1 and 204.2](https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-204) - [USCIS Policy Manual, Volume 6, Part B](https://www.uscis.gov/policy-manual/volume-6-part-b) - [Visa Bulletin](https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html) - [Affidavit of support guidelines (I-864P)](https://www.uscis.gov/i-864p) ## Talk to an attorney Verified US immigration attorneys who do Family green card work, by video, billed by the minute: https://proxenos.legal/attorneys?area=Family%20Immigration --- # EB-4: special immigrants, from religious workers to abused children Group: Family. Canonical page: https://proxenos.legal/us-immigration/visas/eb-4 The fourth preference is not one path but a set. Religious workers coming to serve a US religious organisation; Special Immigrant Juveniles, children under 21 a state court has found abused, neglected or abandoned by a parent and for whom return is not in their interest; long-serving employees of the US government abroad; Afghan and Iraqi nationals who worked for the United States; certain broadcasters, physicians and others. Each has its own form and proof, and they share one annual allocation, which has produced multi-year waits for Special Immigrant Juveniles from some countries. Education, not legal advice. The attorney you book will apply this to your facts. ## Signed into law - 1990, Immigration Act of 1990, signed by President George H. W. Bush. Fourth preference, gathering categories Congress created at different times, including Special Immigrant Juvenile status in the same Act. ## Who it fits - Ministers and religious workers with 2 years in the denomination and a US religious employer - Children and young adults under 21 with a state court order finding abuse, neglect or abandonment - Afghans and Iraqis who worked for the US government or its contractors - Employees of US missions abroad with 15 years of service ## Who should look elsewhere - Anyone over 21 for the juvenile category; the court order must come before the 21st birthday - Religious workers without 2 continuous years in the denomination ## How long it takes Varies by category. Religious workers: I-360 then adjustment, months to a year or more. Special Immigrant Juveniles: the state court order first, then the I-360 (decided within 180 days by statute), then a wait for a visa number that has stretched to years for several countries. ## What it costs Government fees: the I-360 (waivable for juveniles), then adjustment or consular fees. Non-profits represent many juvenile applicants without charge. ## How it fails - A state court order that does not make the required findings in the required words - Reaching 21 before the petition is filed - Religious employment that is part-time, unpaid or not with a qualifying organisation - Missing the visa wait's practical consequences: no work permit until adjustment can be filed, unless deferred action applies ## What changed recently USCIS began granting deferred action and work permits to Special Immigrant Juveniles waiting for a visa number in 2022; the non-minister religious worker program depends on periodic reauthorisation by Congress. ## Month by month The State Department's monthly issuances for EB-4 (classes SR1, SD1) are served live at https://proxenos.legal/api/stats/visas?kind=iv&classes=SR1,SD1 (JSON: months, latest, top nationalities, source). Monthly figures are preliminary; the annual Report of the Visa Office is the source for fiscal-year totals. ## Five questions people ask **Who is a Special Immigrant Juvenile?** A person under 21, unmarried, in the United States, with a state court order finding that reunification with a parent is not viable because of abuse, neglect or abandonment, and that return is not in their best interest. **Do religious workers need a job offer?** Yes, from a bona fide non-profit religious organisation in the United States, and 2 years of membership in the denomination. **Is there a wait?** Yes. EB-4 shares one allocation; Special Immigrant Juveniles from some countries have waited years for a visa number. **Can a Special Immigrant Juvenile work while waiting?** USCIS grants deferred action and a work permit to approved juveniles waiting for a number. **Does the juvenile route lead to citizenship?** Yes, through the green card, though the juvenile can never petition for the parent found to have abused or neglected them. ## What to bring to a consultation - For juveniles: the state court order and the child's age evidence - For religious workers: the employer's non-profit status, the offer, and proof of 2 years' membership - For US government employees abroad: service records - Current status and entry history - Any prior petitions ## The law - [INA 203(b)(4) and 101(a)(27)](https://uscode.house.gov/view.xhtml?path=/prelim@title8/chapter12&edition=prelim) - [8 CFR 204.11 (Special Immigrant Juveniles)](https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-204/section-204.11) - [USCIS EB-4 page](https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-fourth-preference-eb-4) - [USCIS Policy Manual, Volume 6, Part J (SIJ)](https://www.uscis.gov/policy-manual/volume-6-part-j) - [Visa Bulletin](https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html) ## Talk to an attorney Verified US immigration attorneys who do EB-4 work, by video, billed by the minute: https://proxenos.legal/attorneys?area=Family%20Immigration --- # K-1: the fiance visa Group: Family. Canonical page: https://proxenos.legal/us-immigration/visas/k-1 The K-1 lets a US citizen bring a fiance to the United States to marry within 90 days of arrival. The citizen files the I-129F showing a real relationship, an intent to marry, and that the two met in person in the last 2 years (with narrow exceptions); after approval the fiance interviews at a consulate. After the wedding the new spouse files for adjustment of status. Children under 21 come on K-2 visas. The alternative is to marry first, abroad or in the US, and file the spouse petition, which is sometimes faster and cheaper. Education, not legal advice. The attorney you book will apply this to your facts. ## Signed into law - 1970, Act of April 7, 1970 (Public Law 91-225), signed by President Richard Nixon. The same Act that created the L-1 created the K fiance visa, for American servicemen's fiancees among others. ## Who it fits - Engaged couples where one is a US citizen and the other is abroad - Couples who want to marry in the United States with family present - Couples whose home country makes marriage difficult ## Who should look elsewhere - Fiances of green card holders; only citizens can petition for a K-1 - Couples who have not met in person in the last 2 years, unless a cultural or hardship exception applies ## How long it takes The I-129F: several months to over a year. The consular stage: weeks to months. Then 90 days to marry, and the adjustment of status: roughly a year in many offices. ## What it costs Government fees: the I-129F fee, the visa fee, the medical exam, then the adjustment fees (I-485, work permit, travel document). Legal fees separate. ## How it fails - No evidence of meeting in person within 2 years - A relationship that cannot be documented as genuine - Not marrying within 90 days; the K-1 cannot be extended and the fiance cannot adjust through anyone else - The petitioner's income below the affidavit of support threshold at adjustment - Prior K-1 petitions or the petitioner's criminal history requiring waivers under IMBRA ## What changed recently USCIS fee changes in 2024 raised the I-129F fee; processing times are published monthly and have varied widely. ## Month by month The State Department's monthly issuances for K-1 (classes K1) are served live at https://proxenos.legal/api/stats/visas?kind=niv&classes=K1 (JSON: months, latest, top nationalities, source). Monthly figures are preliminary; the annual Report of the Visa Office is the source for fiscal-year totals. ## Five questions people ask **Can a green card holder petition for a fiance?** No. Only a US citizen can; a permanent resident must marry first and petition for a spouse. **Do we have to have met?** Yes, in person within the 2 years before filing, unless meeting would violate strict customs or cause extreme hardship. **What if we do not marry in 90 days?** The fiance must leave; the K-1 cannot be extended, and adjustment is only possible through marriage to the petitioner. **Can my fiance work on arrival?** Only after a work permit is granted, which usually comes with the adjustment application after the wedding. **Is marrying first faster?** Often yes, and cheaper overall; it depends on where you are and where you want to marry. An attorney can compare the two. ## What to bring to a consultation - Proof of the petitioner's citizenship - Evidence of the relationship and of meeting in person: photos, tickets, messages - Proof both are free to marry - The petitioner's income evidence - Any criminal history of the petitioner (required disclosures under IMBRA) ## The law - [INA 101(a)(15)(K)](https://uscode.house.gov/view.xhtml?path=/prelim@title8/chapter12&edition=prelim) - [8 CFR 214.2(k)](https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-214/section-214.2#p-214.2(k)) - [USCIS K-1 page](https://www.uscis.gov/family/family-of-us-citizens/visas-for-fiancees-of-us-citizens) - [USCIS processing times](https://egov.uscis.gov/processing-times/) ## Talk to an attorney Verified US immigration attorneys who do K-1 work, by video, billed by the minute: https://proxenos.legal/attorneys?area=K-1 --- # U visa: protection for victims of crime who help investigators Group: Protection. Canonical page: https://proxenos.legal/us-immigration/visas/u-visa Congress created the U visa in 2000 so that victims of serious crimes would come forward without fear of deportation. It is for people who were victims of a qualifying crime that occurred in the United States or violated US law, who suffered substantial physical or mental abuse as a result, and who have been, are being, or are likely to be helpful to the police, prosecutors or a judge. A law enforcement agency must sign a certification (Form I-918B) confirming that help. Ten thousand principal U visas are available each year, far fewer than the applications, so a waiting list and a 'bona fide determination' process exist: an applicant found to have a complete, credible petition can receive a work permit and protection from removal while waiting, often for years. Family members can be included. After three years in U status the holder can apply for a green card. Education, not legal advice. The attorney you book will apply this to your facts. ## Signed into law - 2000, Victims of Trafficking and Violence Protection Act, signed by President Bill Clinton. Signed October 28, 2000, creating the T and U visas so victims would come forward to law enforcement. ## Who it fits - Victims of domestic violence, sexual assault, trafficking, felonious assault, kidnapping, extortion, witness tampering and other qualifying crimes - People who reported the crime or cooperated with an investigation or prosecution - Victims without status, including people who entered without inspection; the U visa waives most inadmissibility grounds for humanitarian reasons ## Who should look elsewhere - Victims of crimes not on the qualifying list, unless a substantially similar crime applies - Anyone who cannot obtain a law enforcement certification; without the I-918B the petition cannot be filed ## How long it takes Years. USCIS reviews petitions for a bona fide determination first, which can bring a work permit within a year or two; the visa itself waits for a number under the 10,000 annual cap, and the wait has run to many years. After three years in U status, the green card application follows. ## What it costs No USCIS fee for the U petition itself; fee waivers are available for related forms. Legal fees are separate, and many non-profits represent U visa applicants free of charge. ## How it fails - No certification: the agency will not sign, or the request went to the wrong office - Harm described without medical, counselling or police records to show it was substantial - A crime that happened outside the United States with no US-law connection - Inadmissibility grounds left unaddressed; the waiver (Form I-192) must be requested, not assumed - Losing contact with USCIS during a multi-year wait, so a request for evidence or an interview notice goes unanswered ## What changed recently USCIS's bona fide determination process, begun in 2021, now provides work permits to applicants years before a visa number is available; certification practices vary by state and agency and several states have laws requiring agencies to respond to requests. ## Month by month The State Department's monthly issuances for U visa (classes U1) are served live at https://proxenos.legal/api/stats/visas?kind=niv&classes=U1 (JSON: months, latest, top nationalities, source). Monthly figures are preliminary; the annual Report of the Visa Office is the source for fiscal-year totals. ## Five questions people ask **Which crimes qualify?** A list in the statute: domestic violence, sexual assault, trafficking, felonious assault, kidnapping, extortion, witness tampering, and others, plus attempts, conspiracies and substantially similar crimes. **Do I need the police to sign something?** Yes. A law enforcement agency, prosecutor or judge must certify on Form I-918B that you were a victim and have been helpful. Without it the petition cannot be filed. **Can I get a work permit while I wait?** Yes. If USCIS makes a bona fide determination on your petition you receive a work permit and protection from removal while waiting for a visa number. **Does it lead to a green card?** After three years in U status, if you have not unreasonably refused to help law enforcement and your presence is justified, you can apply for a green card. **Can my family be included?** Yes. Spouses and children, and for applicants under 21, parents and unmarried siblings under 18, can be included as derivatives. ## What to bring to a consultation - Any police report, case number or court record - Names of the officer, detective or prosecutor who handled the case - Medical, hospital or counselling records showing the harm - Your entry and status history, including anything that might be an inadmissibility issue - Family members you would want included ## The law - [INA 101(a)(15)(U)](https://uscode.house.gov/view.xhtml?path=/prelim@title8/chapter12&edition=prelim) - [8 CFR 214.14](https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-214/section-214.14) - [USCIS U visa page](https://www.uscis.gov/humanitarian/victims-of-human-trafficking-and-other-crimes/victims-of-criminal-activity-u-nonimmigrant-status) - [USCIS Policy Manual, Volume 3, Part C](https://www.uscis.gov/policy-manual/volume-3-part-c) - [Form I-918 and Supplement B](https://www.uscis.gov/i-918) ## Talk to an attorney Verified US immigration attorneys who do U visa work, by video, billed by the minute: https://proxenos.legal/attorneys?area=U%20visa --- # Asylum: protection for people who cannot safely return Group: Protection. Canonical page: https://proxenos.legal/us-immigration/visas/asylum Asylum protects people already in the United States, or at a port of entry, who have been persecuted or have a well-founded fear of persecution on one of five grounds. Affirmative asylum is filed with USCIS on Form I-589; defensive asylum is raised in immigration court when removal proceedings are already under way. The application must be filed within 1 year of arrival unless an exception applies. A grant leads to a green card after 1 year, and to family reunification for a spouse and children. Education, not legal advice. The attorney you book will apply this to your facts. ## Signed into law - 1980, Refugee Act of 1980, signed by President Jimmy Carter. Signed March 17, 1980; it adopted the international definition of a refugee and created the statutory right to apply for asylum. ## Who it fits - People who fled persecution by a government or by groups it cannot or will not control - Journalists, activists, religious minorities, LGBTQ people, and others targeted for who they are or what they believe - People already in the US who fear return ## Who should look elsewhere - Fear of general crime or poverty without a connection to one of the five grounds - People who could safely relocate within their own country, in some cases - Anyone past the 1-year deadline without an exception; an attorney must assess ## How long it takes Affirmative cases: the interview may come within weeks under the last-in, first-out scheduling or take years for older filings. Defensive cases follow the court's calendar, often years. A work permit can be requested 150 days after filing. ## What it costs USCIS introduced a fee for affirmative asylum in 2025; the current amount is on the fee schedule. The work permit has its own fee. Legal fees separate; many non-profits provide free representation. ## How it fails - Missing the 1-year deadline without a documented exception - Inconsistencies between the written statement, the interview and later testimony - No country-conditions evidence tying the personal story to the documented situation - Preparing alone; asylum has one of the largest gaps in outcomes between represented and unrepresented applicants ## What changed recently Fees, interview scheduling and the treatment of particular social groups changed by rule and by decision in 2025 and 2026; the law is contested and moves. An attorney who practises asylum full time is the only reliable guide. ## Five questions people ask **What is the deadline?** 1 year from your last arrival, with exceptions for changed or extraordinary circumstances that an attorney must document. **What are the five grounds?** Race, religion, nationality, political opinion, and membership in a particular social group. **Can I work while waiting?** You can apply for a work permit 150 days after filing, and it can be granted once 180 days have passed without delays you caused. **What is the difference between affirmative and defensive?** Affirmative is filed with USCIS when you are not in removal proceedings; defensive is raised before an immigration judge when you are. **Can my family join me?** Yes. After a grant you can petition for a spouse and unmarried children under 21 within 2 years. ## What to bring to a consultation - Your arrival date and how you entered - A written account of what happened and why, in your own words - Any documents from home: threats, police reports, medical records, membership cards - News or reports about the situation in your country - Whether you have ever been in immigration court ## The law - [INA 208](https://uscode.house.gov/view.xhtml?path=/prelim@title8/chapter12&edition=prelim) - [8 CFR 208](https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-208) - [USCIS asylum page](https://www.uscis.gov/humanitarian/refugees-and-asylum/asylum) - [EOIR (immigration courts)](https://www.justice.gov/eoir) - [State Department country reports](https://www.state.gov/reports-bureau-of-democracy-human-rights-and-labor/country-reports-on-human-rights-practices/) ## Talk to an attorney Verified US immigration attorneys who do Asylum work, by video, billed by the minute: https://proxenos.legal/attorneys?area=Asylum --- # VAWA: a green card for abused spouses, children and parents, without the abuser Group: Protection. Canonical page: https://proxenos.legal/us-immigration/visas/vawa Normally a family green card depends on the relative filing and cooperating. The Violence Against Women Act lets the victim of battery or extreme cruelty by a US citizen or permanent resident spouse, parent, or adult child petition alone, confidentially, on Form I-360, without the abuser knowing. The petitioner must show the relationship, the abuse, having lived with the abuser, good moral character, and, for spouses, a marriage entered in good faith. An approved VAWA self-petition leads to a green card, with immediate relatives of citizens able to adjust at once. The abuser is never contacted. Education, not legal advice. The attorney you book will apply this to your facts. ## Signed into law - 1994, Violence Against Women Act, signed by President Bill Clinton. Signed September 13, 1994; the self-petition lets a victim seek status without the abusive relative's knowledge or cooperation. ## Who it fits - Spouses and former spouses (within 2 years of divorce) of abusive citizens or residents - Children abused by a citizen or resident parent, including some who file up to age 25 - Parents abused by a US citizen adult child - Victims of any gender; the name is historical ## Who should look elsewhere - Abuse by someone who is not a citizen or permanent resident; the U visa or asylum may apply instead - Cases with no evidence at all of the relationship or the abuse; evidence can be affidavits, not only police reports ## How long it takes The I-360: often 2 to 3 years. A prima facie determination early on unlocks some public benefits. Adjustment follows for immediate relatives; others wait for a visa number. ## What it costs No fee for the I-360; fee waivers are available for the adjustment forms. Legal fees separate; many non-profits and legal aid offices represent VAWA applicants free. ## How it fails - Thin evidence of the abuse: no declaration, no witnesses, no records - Good moral character issues left unaddressed - Not showing residence with the abuser - A marriage that looks entered for immigration reasons - Contact with the abuser that reaches USCIS and undermines the case ## What changed recently USCIS updated its VAWA Policy Manual guidance in 2022 to clarify residence with the abuser, joint residence, and the treatment of derivative children. ## Five questions people ask **Will my abuser find out?** No. USCIS does not contact the abuser, and confidentiality rules bar releasing information about the petition. **Do I need a police report?** No. Evidence can include your own declaration, medical or counselling records, photos, and witness statements. **What if we are divorced?** You can file within 2 years of the divorce if the divorce was connected to the abuse. **Can men apply?** Yes. VAWA protects any spouse, child or parent regardless of gender. **Can I work while waiting?** Once the I-360 is approved, or with a pending adjustment, a work permit can be requested; approved self-petitioners are eligible for deferred action. ## What to bring to a consultation - Proof of the abuser's citizenship or residence - Marriage or birth certificates showing the relationship - Your own written account of the abuse - Any records: police, medical, counselling, protective orders, photos - Evidence of living together ## The law - [INA 204(a)(1)(A)(iii) and (B)(ii)](https://uscode.house.gov/view.xhtml?path=/prelim@title8/chapter12&edition=prelim) - [8 CFR 204.2(c) and (e)](https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-204/section-204.2) - [USCIS VAWA page](https://www.uscis.gov/humanitarian/abused-spouses-children-and-parents) - [USCIS Policy Manual, Volume 3, Part D](https://www.uscis.gov/policy-manual/volume-3-part-d) ## Talk to an attorney Verified US immigration attorneys who do VAWA work, by video, billed by the minute: https://proxenos.legal/attorneys?area=VAWA --- # Temporary Protected Status: safety for nationals of countries in crisis Group: Protection. Canonical page: https://proxenos.legal/us-immigration/visas/tps When a country suffers armed conflict, an environmental disaster or other extraordinary conditions, the Secretary of Homeland Security can designate it for Temporary Protected Status. Nationals of that country who were in the United States on the designation date can register, receive protection from removal and a work permit, and re-register at each extension. TPS does not by itself lead to permanent residence, but it can be held alongside other applications, and a TPS holder who travels on advance parole and returns may be able to adjust through a family petition. Designations are extended, redesignated or ended by notice in the Federal Register. Education, not legal advice. The attorney you book will apply this to your facts. ## Signed into law - 1990, Immigration Act of 1990, signed by President George H. W. Bush. Created by the 1990 Act; the Secretary of Homeland Security designates countries for armed conflict, disaster or extraordinary conditions. ## Who it fits - Nationals of a designated country who were in the US on the date set in the designation - People with no other status who need protection and work authorisation - TPS holders with a family petition who may adjust after authorised travel ## Who should look elsewhere - Anyone who arrived after the designation's cut-off date - People with certain criminal convictions or bars - Anyone treating TPS as permanent; it ends when the designation ends ## How long it takes Registration within the initial period; USCIS decides in months. Re-registration at each extension; work permits are often auto-extended by notice while pending. ## What it costs Government fees: the I-821 fee (waivable), biometrics, and the I-765 work permit fee. Legal fees separate; many non-profits assist. ## How it fails - Missing the registration or re-registration window - Not proving continuous residence and presence since the required dates - Disqualifying convictions - Losing the protection when a designation ends without a plan for what comes next ## What changed recently Designations for several countries were extended, added or terminated by notice in 2025 and 2026; the current list and dates are on the USCIS TPS page and must be checked for each country. ## Five questions people ask **Which countries are designated?** The list changes; the USCIS TPS page carries the current designations and their dates. **Does TPS lead to a green card?** Not by itself. It can be combined with a family or employment petition, and authorised travel can help with adjustment; an attorney should assess. **Can I travel?** Only with advance parole (Form I-131) obtained first. **What happens when a designation ends?** TPS holders return to whatever status they otherwise have; those with none become removable, so planning ahead matters. **Can I apply late?** Late initial registration is possible in some circumstances, such as having been a child or in another status during the period. ## What to bring to a consultation - Proof of nationality - Evidence of arrival and continuous presence since the required dates - Any criminal records - Prior TPS approvals and work permits - Any pending or approved family or employment petitions ## The law - [INA 244](https://uscode.house.gov/view.xhtml?path=/prelim@title8/chapter12&edition=prelim) - [8 CFR 244](https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-244) - [USCIS TPS page and country list](https://www.uscis.gov/humanitarian/temporary-protected-status) - [Federal Register TPS notices](https://www.federalregister.gov/documents/search?conditions%5Bterm%5D=temporary+protected+status) ## Talk to an attorney Verified US immigration attorneys who do TPS work, by video, billed by the minute: https://proxenos.legal/attorneys?area=TPS --- # DACA: deferred action for people brought to the United States as children Group: Protection. Canonical page: https://proxenos.legal/us-immigration/visas/daca Deferred Action for Childhood Arrivals is a policy, not a law. It offers people who arrived in the United States before their 16th birthday, have lived here continuously since June 15, 2007, were under 31 on June 15, 2012, and are in school or graduated, a renewable 2-year grant of deferred action and a work permit. Roughly half a million people hold it. Courts have limited it: since 2021 initial applications have been barred by court order while renewals continue, and the program's future depends on litigation and on Congress. DACA confers no status and no path to permanence, though recipients who travel on advance parole may open other doors. Education, not legal advice. The attorney you book will apply this to your facts. ## Signed into law - 2012, Executive memorandum (Department of Homeland Security), not a statute, signed by President Barack Obama. Announced June 15, 2012. Never enacted by Congress, which is why its existence has depended on litigation ever since. ## Who it fits - Current recipients renewing on time - People who meet the original criteria, if initial grants resume - Recipients with a citizen spouse or employer exploring adjustment after authorised travel ## Who should look elsewhere - Anyone who arrived after the 2007 cut-off or after age 16 - People with disqualifying convictions - Anyone relying on it as permanent; it is renewable protection, subject to the courts ## How long it takes Renewals: file 120 to 150 days before expiry; USCIS decides in months. Initial applications: accepted for filing but not adjudicated under the court order at the time of writing. ## What it costs Government fees: the I-821D and I-765 fees, with limited fee exemptions. Legal fees separate; many non-profits assist with renewals. ## How it fails - Renewing late and losing work authorisation - New arrests or convictions since the last grant - Travel without advance parole, which ends DACA - Assuming DACA can be used to sponsor or to adjust status directly ## What changed recently A 2024 Fifth Circuit ruling kept the bar on new grants while allowing renewals; a 2025 regulation and further litigation have continued to shape it. Check the current state before advising anyone. ## Five questions people ask **Is DACA a visa?** No. It is a grant of deferred action, a decision not to remove you for a period, plus a work permit. It is not a status. **Can I get a green card through DACA?** Not through DACA itself. Some recipients adjust through a citizen spouse after travelling on advance parole; an attorney must assess. **Can new people apply?** Initial applications have been barred from adjudication by court order since 2021; renewals continue. **Can I travel?** Only with advance parole granted first, for humanitarian, educational or employment reasons. **When should I renew?** 120 to 150 days before the current grant expires. ## What to bring to a consultation - Prior DACA approvals and work permits - Proof of continuous residence since 2007 and arrival before 16 - School records or diploma - Any police or court records - Any citizen or resident relatives, or employers, for other paths ## The law - [DHS memorandum of June 15, 2012](https://www.dhs.gov/xlibrary/assets/s1-exercising-prosecutorial-discretion-individuals-who-came-to-us-as-children.pdf) - [8 CFR 236.21 to 236.25](https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-236/subpart-C) - [USCIS DACA page](https://www.uscis.gov/DACA) - [Texas v. United States (Fifth Circuit)](https://www.ca5.uscourts.gov/) ## Talk to an attorney Verified US immigration attorneys who do DACA work, by video, billed by the minute: https://proxenos.legal/attorneys?area=DACA --- # Naturalization: becoming a citizen Group: Citizenship. Canonical page: https://proxenos.legal/us-immigration/visas/naturalization A permanent resident can apply to naturalize after 5 years, or 3 years if married to and living with a US citizen, having been physically present in the United States for at least half that time, with continuous residence, good moral character, basic English, knowledge of US history and government, and attachment to the Constitution. The application is Form N-400, followed by biometrics, an interview with the English and civics tests, and the oath ceremony. Citizenship cannot be lost by absence, lets you sponsor more relatives, and passes to children under 18 who are permanent residents living with you. Education, not legal advice. The attorney you book will apply this to your facts. ## Signed into law - 1952, Immigration and Nationality Act (Title III), signed by President Harry S. Truman. The modern requirements sit in Title III of the 1952 Act; the first naturalization law was signed by George Washington in 1790. ## Who it fits - Permanent residents who have held the green card for 5 years, or 3 married to a citizen - Members of the military and veterans, with faster rules - Parents whose children under 18 will become citizens with them ## Who should look elsewhere - Anyone with an unresolved criminal matter, unpaid taxes, or a long absence that broke continuous residence; fix those first - Residents who obtained the green card through fraud; the application invites scrutiny of the whole file ## How long it takes Filing up to 90 days before the anniversary. From filing to oath: several months to over a year depending on the office. ## What it costs Government fees: the N-400 fee, reduced for lower incomes and waivable for some. Legal fees separate and often unnecessary for straightforward cases. ## How it fails - Absences of 6 months or more that break continuous residence - Failing to register for Selective Service (men 18 to 26) - Tax problems or unpaid child support - Arrests not disclosed, or a green card obtained on facts that were not true - Failing the English or civics test twice ## What changed recently USCIS introduced a new N-400 form in 2024 and updated the civics test administration; fees changed the same year. Check the current test version before studying. ## Five questions people ask **How long do I need the green card?** 5 years, or 3 if you are married to and living with a US citizen, before you can file; you can file 90 days early. **How much time must I have spent in the US?** At least half of the period, and no single absence that breaks continuous residence (6 months raises a question, a year usually breaks it). **What is on the test?** An English reading, writing and speaking test, and civics questions from the USCIS list; exemptions exist for age and disability. **Do my children become citizens?** Children under 18 who are permanent residents living in your custody become citizens automatically when you do. **Can I keep my other citizenship?** US law does not require you to renounce; whether your other country allows dual citizenship is a question for that country. ## What to bring to a consultation - Green card and the date you got it - All trips outside the US for the last 5 years with dates - Tax returns for the period - Marriage certificate and spouse's citizenship if applying on 3 years - Any arrests, citations or court records, even if dismissed ## The law - [INA 316 to 337](https://uscode.house.gov/view.xhtml?path=/prelim@title8/chapter12&edition=prelim) - [8 CFR 316](https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-316) - [USCIS naturalization page](https://www.uscis.gov/citizenship) - [USCIS civics test](https://www.uscis.gov/citizenship/find-study-materials-and-resources/study-for-the-test) - [USCIS Policy Manual, Volume 12](https://www.uscis.gov/policy-manual/volume-12) ## Talk to an attorney Verified US immigration attorneys who do Naturalization work, by video, billed by the minute: https://proxenos.legal/attorneys?area=Naturalization --- # The words US immigration runs on Canonical page: https://proxenos.legal/us-immigration/glossary **Adjustment of status.** Becoming a permanent resident from inside the United States without leaving, on Form I-485. **Consular processing.** Getting an immigrant visa at a US consulate abroad, then entering as a permanent resident. **Priority date.** The date your petition (or labor certification) was filed; your place in line when a category has a wait. **Visa Bulletin.** The State Department's monthly table showing which priority dates can proceed, by category and country of birth. **Current.** A category and country with no wait in the Visa Bulletin: a visa number is available now. **I-94.** The arrival record that shows your status and the date it expires; retrievable online from CBP. **RFE.** Request for Evidence: USCIS asking for more before deciding. Not a denial, but the response deadline is strict. **NOID.** Notice of Intent to Deny: USCIS says it plans to deny unless you rebut, within a short window. **Premium processing.** An extra fee for a decision within 15 or 45 business days on eligible petitions. **Cap-exempt.** Employers (universities, non-profit research organisations) whose H-1B petitions are not counted against the annual cap. **Labor certification (PERM).** The Department of Labor's test that no qualified US worker is available, required for most EB-2 and EB-3 green cards. **Affidavit of support.** Form I-864, a binding promise by a sponsor to support a family immigrant above the poverty line. **Derivative.** A spouse or unmarried child under 21 who gets status through the principal applicant. **Inadmissibility.** Grounds that bar entry or a green card (certain crimes, prior violations, health, public charge), some of which can be waived. **Unlawful presence.** Time in the US without status after age 18; more than 180 days or 1 year triggers 3- or 10-year bars on leaving. **EAD.** Employment Authorization Document, the work permit card, Form I-766. **Advance parole.** Permission to travel while an application is pending without abandoning it. **Naturalization.** Becoming a US citizen, on Form N-400, after the required years as a permanent resident. **Removal proceedings.** Immigration court proceedings that can end in an order of removal; defenses include asylum and cancellation of removal. **SEVP and SEVIS.** The Student and Exchange Visitor Program, run by ICE, certifies the schools that may enroll F-1 and M-1 students, and SEVIS is its database: every student's record, status and Form I-20 lives there, and a school's designated official updates it. **Form I-20.** The certificate of eligibility a SEVP-certified school issues to an admitted F-1 student; needed for the visa, for entry, and kept current for the whole stay. **OPT and STEM OPT.** Optional Practical Training: up to 12 months of work in the field of study after an F-1 degree, with a further 24 months for STEM graduates at an E-Verify employer. **CPT.** Curricular Practical Training: work that is part of the curriculum, authorised by the school's designated official before graduation. **DSO.** Designated School Official: the person at a certified school who signs the I-20, updates SEVIS and recommends OPT and CPT. **Duration of status (D/S).** How F-1 and J-1 admissions are recorded on the I-94: no fixed end date, as long as the student or exchange visitor keeps status. **USCIS, DOS, CBP, ICE, EOIR.** The agencies: Citizenship and Immigration Services (petitions), State (visas abroad), Customs and Border Protection (entry), Immigration and Customs Enforcement (enforcement), Executive Office for Immigration Review (the courts).