Visa FAQs

If you have general questions about U.S. visas in particular, please add in the comments below and we will try to publish an answer at the earliest opportunity.

More U.S Visa Questions

B1 Visa FAQs

“What is the probability of getting a business visa with 5 weeks duration? Does anyone have an idea about the duration of stay allowed for business meetings under a B1/B2 visa?”

B2 Visa FAQs

“How do I prove my strong ties to my home country if I am a homemaker? I have been denied of the B-2 visa. I need to accompany my minor children migrating to the US.”

In our experience, the main factor in getting a B2 visa approved is being able to show successfully that the applicant has every intention of returning to their home country at the end of their permitted stay by fulfilling all the requirements below:

  • Prove your visit will be temporary
  • Prove your intention to depart the U.S. at end of your stay (or any extension)
  • Hold a valid foreign passport
  • Maintain a residence abroad to which you intend to return
  • You are able to support yourself financially while in the country
“What is the limit for duration of stay allowed for business meetings under a B2 visa?”

E2 Visa FAQs

“E2 has maximum 2 years ? I thought 5 years.”

Correct. The E-2 visa has a maximum 2-year period, but this may be extended unlimited times, up to 2 further years at a time.

How can an E2 visa holder get their Green Card in the USA?

If you have US$500,000 or more to invest, it may be worth considering going directly for the EB-5 Immigrant Investor Green Card.

Other Green Card possibilities might be the EB1-1 “Extraordinary Ability” visa, which may be available to applicants who can prove exceptional and sustained acclaim in their particular field; or the EB2 (employment-based exceptional ability) or EB3 (skilled, professional, or other worker).

EB1-2 Visa FAQs

“How long is the processing time for EB2?”

EB1-3 Visa FAQs

“Can I apply for the EB1-3 from within the United States?”

Yes, you may apply whether you are seeking to enter the U.S. or if you are already in the country.

“How large does a business have to be to qualify as a multinational?”

EB5 Visa FAQs

“Do I have to show bank statements to prove the money was received as a salary for a EB-5?”

The type of investment project is perhaps the most important decision an applicant must make, as the enterprise choice will no doubt affect whether or not the application is approved and the degree to which financial success is achieved.

There are a wide range of investment options that have the potential to meet USCIS conditions for approval. When calculating the most suitable type of business to fund, potential investors must ask themselves:

“Do I want a larger return on my investment or am I investing primarily to meet the basic requirements for obtaining a green card?”

Acceptable EB-5 enterprises exist across a wide variety of fields and industries from medical facilities, manufacturing, agriculture and real estate development, to hotels, restaurants, casinos and stadiums.

An EB-5 investor can take one of two routes:

  1. Direct Investment – invest in someone else’s company or open and operate your own company/franchise in the U.S.
  2. Regional Center – public or private approved organizations that are involved with economic growth and tend to be most useful for investors who do not intend to invest directly and take a day-to-day role in the business.

For potential investors, putting large sums of money at risk in a foreign economy and having citizenship determined by the long-term business success as well as the ability to create at least 10 U.S. jobs is a high-stakes decision that requires due diligence.

It is best to seek advice from an EB-5 network of attorney/broker-dealers that can provide immigration legal advice combined with investment advice based on comprehensive insight into Regional Centers, developers, and projects to ensure proper assessment of options and particular issues that applicants may face to create a strategy for meeting USCIS requirements.

“How do you choose best EB-5 Visa Service provider? And when applying for an EB-5 visa, do I necessarily need to start a business in USA or can I obtain my visa by investing in any financial asset?”

The type of investment project is perhaps the most important decision an applicant must make, as the enterprise choice will no doubt affect whether or not the application is approved and the degree to which financial success is achieved.

There are a wide range of investment options that have the potential to meet USCIS conditions for approval. When calculating the most suitable type of business to fund, potential investors must ask themselves:

“Do I want a larger return on my investment or am I investing primarily to meet the basic requirements for obtaining a green card?”

Acceptable EB-5 enterprises exist across a wide variety of fields and industries from medical facilities, manufacturing, agriculture and real estate development, to hotels, restaurants, casinos and stadiums.

An EB-5 investor can take one of two routes:

  1. Direct Investment – invest in someone else’s company or open and operate your own company/franchise in the U.S.
  2. Regional Center – public or private approved organizations that are involved with economic growth and tend to be most useful for investors who do not intend to invest directly and take a day-to-day role in the business.

For potential investors, putting large sums of money at risk in a foreign economy and having citizenship determined by the long-term business success as well as the ability to create at least 10 U.S. jobs is a high-stakes decision that requires due diligence.

It is best to seek advice from an EB-5 network of attorney/broker-dealers that can provide immigration legal advice combined with investment advice based on comprehensive insight into Regional Centers, developers, and projects to ensure proper assessment of options and particular issues that applicants may face to create a strategy for meeting USCIS requirements.

“How long does it take for an EB-5 visa?”

The approval of the I-526 petition takes on average 12-14 months. Once USCIS approves the investor’s Green Card, it is conditional for a period of 30 months (two and a half years).

Conditional Green Card status confers the same rights as the permanent (unconditional) Green Card.

Expedited I-526 Processing project is an option for investors to get ahead of the Backlog/Retrogression.

“How safe can the EB 5 visa investment be?”

There are a wide range of investment options that have the potential to meet USCIS conditions for approval. When calculating the most suitable type of business to fund, potential investors must ask themselves:

“Do I want a larger return on my investment or am I investing primarily to meet the basic requirements for obtaining a green card?”

The type of investment project is perhaps the most important decision an applicant must make, as the enterprise choice and associated risks will no doubt affect whether or not the application is approved and the degree to which financial success is achieved.

Acceptable EB-5 enterprises exist across a wide variety of fields and industries from medical facilities, manufacturing, agriculture and real estate development, to hotels, restaurants, casinos and stadiums.

For potential investors, putting large sums of money at-risk in a foreign economy and having citizenship determined by the long-term business success as well as the ability to create at least 10 U.S. jobs is a high-stakes decision that requires due diligence.

It is best to seek advice from an EB-5 network of attorney/broker-dealers that can provide immigration legal advice combined with investment advice based on comprehensive insight into Regional Centers, developers, and projects to ensure proper assessment of options and particular issues that applicants may face to create a strategy for meeting USCIS requirements.

“Once you have an EB-5 visa, do you need to stay in the US?”

A major benefit of obtaining an EB5 visa is that even on under the conditional permanent residency that is initially granted, the holder may travel freely both within and outside the U.S.

However, it is imperative to maintain permanent residency and a prolonged absence (6 months or more) may interrupt the naturalization process.

“What is the success rate of an EB-5 visa to the USA? Are the projects safe enough to invest in?”

USCIS relaxed the requirements together with an increase in consistency of approving EB5 applications, the success rate ultimately depends on the applicant’s ability to meet all of the criteria.

For potential investors, putting large sums of money at risk in a foreign economy and having citizenship determined by the long-term business success as well as the ability to create at least 10 U.S. jobs is a high-stakes decision that requires due diligence.

The type of investment project is perhaps the most important decision an applicant must make, as the enterprise choice will no doubt affect whether or not the application is approved and the degree to which financial success is achieved.

There are a wide range of investment options that have the potential to meet USCIS conditions for approval. When calculating the most suitable type of business to fund, potential investors must ask themselves, “Do I want a larger return on my investment or am I investing primarily to meet the basic requirements for obtaining a green card?”

Acceptable EB-5 enterprises exist across a wide variety of fields and industries from medical facilities, manufacturing, agriculture and real estate development, to hotels, restaurants, casinos and stadiums.

With so much riding on the choice of commercial entity, it is imperative that foreign investors asses the risks associated with the type of business and the strategy for meeting USCIS requirements, such as job creation.

Giving proper consideration to the type of investment can be a daunting task, especially for those without a background in business, economics or a specific industry.

“Why is EB5 visa not famous compared to H1B visa?”

Good question! The Eb5 visa has become much more popular in recent years for three reasons:

  1. The Eb5 visa is a fast-track to permanent residency for the investor AND his/her immediate family, including children under the age of 21.
  2. The USCIS relaxed the requirements together with an increase in consistency of approving EB5 applications.
  3. The applicant is not required to be highly involved in the application process and can bypass the green card backlog.
    However, EB5 visas are not quite as “famous” due to the amount of money required for investment and the duration of time the investment must be held at risk.

So what happens is people with specialized knowledge and/or an advanced degree who secure employment in the U.S. will opt to take their chances at obtaining an H1-B visa. If granted, they can come and work in the U.S. and if they want to stay will find another avenue to permanent residency.

“Will the EB-5 program be continued after September 2018, or will the required investment be increased?”

The EB-5 visa program is set to expire at the end of September 2018, but experts predict it will be extended through December 2018, when Congress is expected to raise the minimum investment amount of $500,000 to $1.35 million and the $1 million investment to $1.8 million in order to account for inflation over the past 28 years. So it looks like there is more time for investors to obtain green cards and create jobs for Americans at the lower investment rate.

H-1B Visa FAQs

“Can I stay in the US on an H1B visa and be self-employed?”

No, you cannot be self-employed under an H-1B visa. You must be employed by a US-based sponsoring company.

“Can my degree be issued by any university?”

Yes, in principle. However, you may need to have your credentials evaluated by an approved organization. We can advise and help with this.

“I do not have a degree. Can I still qualify for an H1B visa?”

Yes. If you have relevant work experience in your specialty field, you may qualify with equivalent experience. You will normally need three years’ work experience per one year of degree study, so typically twelve years’ minimum.

“Is it possible to stay longer than 6 years on an H1B visa?”

No, the visa itself is strictly limited to the initial 3 years plus possible 3-year extension. However you may be able to stay longer if you apply for permanent residency (green card) while holding an H-1B visa.  But, it is important you apply for the green card by the end of year 2 of your extension.

“Is there a minimum length of degree study?”

To qualify for the H1B, you typically need minimum four years of study on a degree course. If you have completed more than one degree, it may be possible to combine the time spent on multiple degree-level courses. You may also use a combination of university study plus progressive work experience.

“Timeline to file an H-1B after LCA is approved?”

The LCA (Labor Condition Application) is a document filed with the Department of Labor that takes between 7 to 10 days to process. After the LCA is certified , filing the H-1B visa is done almost immediately. Often, employees can continue working while the LCA is pending.

This type of work authorization requires that you have all necessary documents related to the job. The documents need to show that the prevailing wage is being met, the position is a specialty occupation, and the assigned work covers the duration of the visa.

H-1B Filing and Selection Periods

Once the H-1B petition is filed, the selection process can take anywhere from four to six months, depending on whether the petitioner is subject to the cap or not.

Cap-subject H-1B visa petitions have to be filed in the first five days of April to compete for the 65,000 available visas. Once USCIS fills the 65,000 cap-subject slots, another 20,000 visa petitions are selected in a lottery designated for the graduates of U.S. universities with master’s degrees or higher.

The selection period often lasts through the middle of summer. We have even seen notice of selection received after the October 1st start date.

“What does “progressive” experience mean?”

The USCIS has not specified exactly what is meant by “progressive” but you can take it to mean that your work must have required continual advancement over time.

“What is credential evaluation?”

This is simply the process of assessing to what extent education or work experience gained outside the United States is equivalent to similar experience in the U.S. Foreign education may be evaluated by evaluators outside the U.S., but work experience gained in other countries must be supported with documentation.

“What would be the consequences if the U.S. ended H1-B visas?”

It would adversely affect our tech, medical, science, higher education and many others. U.S. companies require the best and brightest to compete. We have massive numbers of jobs in the tech and other industries that cannot find enough talented workers in the STEM fields.

Jobs and companies would leave the U.S. for more welcoming nations. International students will also drastically drop in numbers impacting US colleges and universities.

“Are F-2 visa holders allowed to attend a job interview in order to get H-1B sponsors?”

Yes, attending an interview is not considered work and not in violation of the F-2 or other visas that do not permit unauthorized work. If you are offered a position, you may change your status to an H-1B subject to its filing procedures.

“Are there increase in H1B RFEs and/or rejects in the recent past?”

At OnlineVisas we have not witnessed such a major spike in the number of Requests For Evidence (RFE) and denials (USCIS data indicates 400%) in the recent past.

The severity of consequences for even minor clerical mistakes is expected to increase as USCIS officers are no longer required to issue an RFE or Notice of Intent to Deny (NOID) as of today, Sept. 11, 2018, when PM-602-0163 goes into effect.

“Can I port my H-1B to a new employer after an H-1B amendment denial?”

You can port your H-1B if you are still working on the original H-1B. However, if you left the first job went to another position and the previous H-1B has expired, you may have broken the chain. I would need more information. Please feel free to contact us directly to better address your situation.

“Is the LCA filed for the H-1B process tied to a specific employee?”

The Labor Certification Application (LCA) is submitted to the U.S. Department of Labor (DOL) to ensure that there are no Americans willing or qualified to take the job and that the employer pays the prevailing wage.

Determining the prevailing wage is one of the most common areas where an application can be held up.

“What are the possibilities for an H-1B visa in the entertainment industry, for someone with the higher education in a totally different background?”

Obtaining an H-1B visa hinges on the ability to demonstrate the applicant’s specialized knowledge that qualifies them for the position.

An O1 visa may be an option if you meet at least three of the following conditions:

  1. Have received national or international awards or prizes of excellence in their field.
  2. Being a member of associations whose membership requires outstanding achievement, judged by nationally or internationally recognized experts in the respective discipline.
  3. Their work has been featured in professional or high-profile trade publications or mainstream media.
  4. The applicant has served in some capacity as a judge of others in the same (or closely related) field. This could either be individual or as part of a judging panel.
  5. Have had articles published in professional or notable trade publications.
  6. Have made original scientific, academic, or business contributions of major significance in their respective field.
  7. Have served in a leading or critical capacity for highly regarded organizations or establishments.
  8. Command a high salary or remuneration for their services.
  9. Other relevant evidence of exceptional expertise that does not fit any of the above criteria.
“What is the process of sponsoring (for the company) and qualifying for (the person) an H-1B visa? What are the hoops that have to be jumped through? How much does it cost?”

In order to protect the interest of US citizens and residents, the H-1B requires a Labor Condition Application (LCA) which is set in place to ensure equal opportunity, pay, and working conditions for foreign workers and US citizens and residents.

One step in this process is the LCA Notice of Posting. Essentially, this is a requirement that the employer formally informed their employees and the public in writing that the LCA is being filed.

The notice of posting can come in two forms – a hard copy notice or an electronic notice. To post a hard copy notice, after the LCA attestation is accepted, the employer must print and sign the LCA. Then, they must post it in two conspicuous places in the work area where the beneficiary would be working.

An electronic notice should be given on or within 30 days before the labor certification is filed. It should be made available for viewing by affected employees for at least 10 days. The employer may make the notice available using any means it normally uses to communicate with workers such as a “home page” or “electronic bulletin board”.

Rules for the notice of posting vary slightly depending on if there is a bargaining representative or not.

According to the Code of Federal Regulation, if there is not a bargaining representative, the notice should include:

  • that H-1B nonimmigrants are sought;
  • the number of such nonimmigrants the employer is seeking;
  • the occupational classification; the wages offered;
  • the period of employment;
  • the location(s) at which the H-1B nonimmigrants will be employed;
  • and that the LCA is available for public inspection at the H-1B employer’s principal place of business in the U.S. or at the worksite.

The notice should also include the statement:

“Complaints alleging misrepresentation of material facts in the labor condition application and/or failure to comply with the terms of the labor condition application may be filed with any office of the Wage and Hour Division of the United States Department of Labor.”

If there is collective bargaining representative for the occupational classification in which the beneficiary will be employed, the notice should pinpoint:

  • the number of H-1B nonimmigrants the employer is seeking to employ;
  • the occupational classification in which the H-1B nonimmigrants will be employed;
  • the wages offered;
  • the period of employment;
  • and the location(s) at which the H-1B nonimmigrants will be employed.

In addition to posting the labor certification, the employer must develop and maintain documentation to support the statements made in the notice of posting.

The Code of Federal Regulation States that the employer should retain records for one year beyond the period which the H-1B nonimmigrant was employed under the labor condition application or, if no beneficiary was employed, one year after the date the LCA expired. Moreover, the documentation must be made available for public and Department of Labor examination upon request.

“What kinds of RFEs USCIS are imposing on H1B Extensions?”

FYI: Effective Sept. 11, 2018, USCIS officers are no longer required to issue a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID) and may outright deny an application, petition or request for even minor clerical mistakes.

4 major issues with H-1B visas that can trigger an RFE

1. Deference to previously approved visas

The first major hurdle for H-1B visa holders came in the form of Policy Memorandum 602-0151 issued on October 23, 2017. The new memorandum rescinded previous guidance, issued April 23, 2004, that gave deference to prior determinations of eligibility for H-1B visa holders filing for extensions that involved the same parties and underlying facts as the initial petition.

In other words, USCIS introduced a series of policies with more stringent standards to apply to previously approved petitions.

2. Level 1 wage

The second complication to H-1B petitions is wage levels. More H-1B RFEs now question wage level 1. On March 31, 2017, USCIS issued a policy memorandum that put into question the qualification of ‘computer programmer’ as a specialty occupation. Specifically, entry-level positions that require a university degree, but no experience are typically classified under level 1 wage. USCIS has argued that the job duties paying level 1 wages are not complex enough to qualify as specialized but too complex to be considered entry-level because they involve the exercise of judgment and thus require oversight from a wage level 3 supervisor. Quite the predicament.

3. Specialty occupation

This brings us to the problem of singular degrees and specialization. USCIS contends that a specialty occupation requires a theoretical and practical application of a body of specialized knowledge and together with at least a bachelor’s degree or its equivalent. The issue with the singular degree requirement is that often the coursework of a related degree provides the specialized knowledge needed to perform job duties.

For instance, to fill a computer programmer position an applicant does not necessarily require a computer science degree to carry out tasks. Instead, a person with a mathematics or information technology degree can adequately fulfill such job responsibilities. Under the new policy, if an employer determines that an applicant with a mathematics degree is most qualified for a computer programmer position, a technical evaluation must then be submitted with solid documentation demonstrating how the applicant’s coursework is directly connected to the job description, adding time and money to an already complex process.

4. Right to control

Another obstacle to the H-1B visa is the “right to control” in which USCIS scrutinizes the employer-employee relationship by weighing multiple factors such as who directly supervises the H-1B worker and whether supervision is performed on or off-site.

If the work is performed off-site, then the method and frequency of supervision are analyzed. USCIS further evaluates the employer-employee relationship in a myriad of ways, most common are: who pays the H-1B worker, sets their hours, directs their daily tasks, is in charge of hiring and firing, provides benefits and claims the worker for tax purposes. The use of proprietary information and whether the end work product is directly linked to the H-1B employer’s (petitioner’s) business is closely examined.

To combat such intrusive investigation by USCIS, project management software that indicates oversight and services provided by all constituents should be used. Furthermore, submitting an itinerary or any and all documentation demonstrating the employer-employee relationship with specific job duties that is signed by all parties can help increase the chances of success.

“Will it be a good option to switch jobs after 9/11 with H-1B filed under normal processing and waiting for the final approval?”

Obtaining H-1B transfer approval to switch jobs without premium processing, which is suspended until mid-February, will be an extremely SLOW process. Exploring H-1B visa alternatives could be a solution to avoid long wait times.

“Will restricting legal immigration destroy the country economically as H-1B visa holders pay billions of dollars in taxes annually and they get no benefits (no social security, no medicare or other benefits)?”

Restricting H-1B visa issuance has a number of negative impacts on our economy. Statistically every H-1B visa creates almost two jobs for Americans on average. In smaller companies it can create almost 7 jobs per each H-1B. Reducing H-1Bs reduces jobs for Americans at almost double a rate.

Making these high skilled visas tougher to obtain for American companies forces jobs and companies to leave America. It also has caused foreign nation students to lose interest in attending U.S. Universities. Indian students have decreased admissions by 28% while Chinese students havre decreased by 24%. This translates to a loss of approximately $2 Billion in tuition to U.S. universities annually.

Other countries like Canada and India are already enjoying increase migration of American companies and foreign nationals to bolster their economy especially in the tech industry.

The U.S. has led the world in technology by importing the top skill in the world to come to our inviting and innovative environment, visa regulations are chilling this environment. This could cause us to lose our leadership position and adversely impact our economy.

“Can I bring my family with me to the United States?”

Yes, your immediate family (i.e. spouse and any unmarried children under the age of 21) may accompany you to the U.S. under an H4 visa. They will be permitted to study but not work in the United States.

Is USCIS not sending RFEs for H1 petition this year?

Effective Sept. 11, 2018, USCIS officers are no longer required to issue a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID) and may outright deny an application, petition or request for even minor clerical mistakes.

The new policy implementation allowing USCIS officers the ability to deny a visa or green card application, petition or request without issuing a Request for Evidence (RFE) gives adjudicators almost full discretion to make complex judgments without clear standards nor proper oversight to safeguard against unequal treatment.

What this means is that immigration officials who have questions about a case or see a technical issue can merely deny instead of giving applicants or petitioners an opportunity to correct clerical errors or provide U.S. employers and attorneys the right to address concerns.

The intensified restrictions to immigration still allow for the official to issue an RFE, but will they? In some cases yes.

However, past actions signal that denials will rise, even in cases that would ultimately be approved given the opportunity to rectify concerns or submit additional evidence.

USCIS’ updated policy states that an application, petition, or request can now be denied without issuing a Request for Evidence (RFE). What will be the implication of this on H1B Visa holders?

.

The new policy implementation allowing USCIS officers the ability to deny a visa or green card application, petition or request without issuing a Request for Evidence (RFE) gives adjudicators almost full discretion to make complex judgments without clear standards nor proper oversight to safeguard against unequal treatment.

What this means is that immigration officials who have questions about a case or see a technical issue can merely deny instead of give applicants or petitioners an opportunity to correct clerical errors or provide U.S. employers and attorneys the right to address concerns.

The intensified restrictions to immigration still allow for the official to issue an RFE, but will they? In some cases yes.

However, past actions signal that denials will rise, even in cases that would ultimately be approved given the opportunity to rectify concerns or submit additional evidence.

The implication for an H1-B visa holder seeking an extension is thisdot your i’s and cross your t’s. Make sure you have a seasoned law professional with high approval success in your corner.

The changes could be devastating to American employers and employees who use legal processes to file visa petitions on behalf of the foreign nationals to extend their employment.

.

H3 Visa FAQs

“When applying for an H3 visa, is legal assistance mandatory?”

Legal assistance is by no means mandatory but highly recommended. The process has become increasingly complicated and there has been an unprecedented number of visa denials and RFEs (Requests for Evidence).

Attorney Tips and Strategies for H3 Applications

The petitioning U.S. employer or organization should comply with the following general requirements…

  •  The intent of the training must be to enable the trainee to work that will be carried out outside the U.S. H3 visas should not be used with the intention of employing the trainee within the United States.
  •  They must provide a detailed breakdown of the training program, listing the number of hours spent each week in the classroom versus hands-on training.
  • Present a summary of each trainee’s prior experience, showing why they need the training.
  • Provide a valid explanation why equivalent training is not available in the trainee’s home country.
  • Statement of how the training will be funded, which must be without the petitioner permanently employing the trainee.

IEP Visa FAQs

“Am I allowed multiple entries to the United States if I have IEP parole?”

Yes. The maximum initial parole period is two-and-a-half years. Upon re-entry at the U.S. port of entry, you may be granted parole for up to the remainder of the two-and-a-half-year initial parole period.

“Can grants be from nations outside of the United States?”

No. Awards or grants from foreign government entities are not considered qualified government awards or grants for the IEP program.

“Can I apply for the IEP program if I am in nonimmigrant status?”

Yes, individuals who are currently in the United States in nonimmigrant status can apply for IEP. Individuals who are not presently maintaining nonimmigrant status may also apply for entrepreneur parole but would have to depart the United States in order to be paroled back in if authorized, and may have immigration consequences upon departure if they did not maintain their nonimmigrant status.

“Can I change from IEP parolee to an immigrant or nonimmigrant status without leaving the United States?”

At any time during the period of parole, you may apply for classification as an immigrant or nonimmigrant, if you are eligible.

“Can I hold valid nonimmigrant status and be an entrepreneur parolee at the same time?”

No, an I-941 applicant who currently holds a nonimmigrant status in the United States cannot concurrently be an entrepreneur parolee. If your I-941 application is approved and you are currently in the United States, you may choose to depart the United States and appear at a U.S. port of entry for a final parole determination.

“Can investment or grants be to a parent, subsidiary, affiliated or related company?”

No. The investment or grants must be made to the qualifying start-up entity itself.

“Does DOS (including U.S. embassies and consulates) which is a separate agency from DHS have different requirements for the IEP program than DHS and USCIS?”

The requirements for the IEP program are set forth in 8 CFR 212.19. DOS does not have different requirements for the program, because parole determinations are made by DHS (provisionally by USCIS and finally at the port of entry by CBP, both USCIS and CBP are components of DHS).  If you are outside the United States and will need to apply to DOS for travel documentation, DOS rules pertaining to the process for obtaining travel documentation if USCIS approves your Form I-941 would apply.

“Does the grant for the start-up from a qualified entity need to be initiated by the parole applicant or just by the entity that parole applicant is applying to support?”

The government award or grant may be initiated by either the parole applicant or the start-up entity. However, the grant must be awarded to the start-up entity in accordance with the regulations outlined at 8 CFR 212. 19.

“How much of my start-up must I own as an entrepreneur for it to be “substantial ownership?” Is there a minimum, such as 10%?”

The officers who will process your application are guided by the DHS regulations at 8 CFR section 212.19. We consider ownership interest “substantial” if you (the Form I-941 applicant) possess at least a 10% ownership interest in the start-up entity at the time of adjudication of the initial grant of parole, and if you possess at least a 5% ownership interest in the start-up entity at the time of adjudication of a subsequent period of re-parole.

“If I am an applicant outside the United States, how do you collect my biometrics?”

If you are a Form I-941 applicant residing outside the United States and seeking initial parole under the IEP program, you must submit biometrics.

“If I am an IEP program applicant who has been inspected and admitted to the United States on the Visa Waiver Program, can I remain in the United States past my I-94 expiration date until my request for parole is either conditionally approved or denied?”

A pending or conditionally approved Form I-941 application does not authorize you, if you are present in the United States in nonimmigrant status, to remain in the United States beyond the expiration of your authorized period of stay.

“Is the maximum time I may remain in the United States if I am granted parole through the IEP program?”

You may be granted initial parole for up to two-and-a-half years. If approved for re-parole, you may receive up to another two-and-a-half years, for a maximum of five years.

“Is there an additional waiting period for spouses to who are granted parole to be able to work?”

Spouses who are paroled into the United States by CBP may immediately apply for work authorization by filing Form I-765. The spouse parolee, however, will not be authorized to work in the United States until the Form I-765 is approved and an employment authorization document is issued.

“May I support my Form I-941 with evidence that the qualifying investment firm is controlled by U.S. citizens or residents without having to demonstrate that at least 50% of the capital is sourced from U.S. citizens or residents?”

The regulation defines the term “qualified investor” to include an organization that is located in the United States and operates through a legal entity organized under the laws of the United States or any state that is majority-owned and controlled, directly and indirectly, by U.S. citizens or lawful permanent residents (LPRs).  While USCIS does not require the applicant to establish that at least 50% of the capital contributed to the fund is sourced from U.S. citizens or LPRs, the applicant must nevertheless show that the fund is majority owned, directly and indirectly, by U.S. citizens or LPRs (which often corresponds with the amount of capital contributed).

“What are the requirements needed to establish significant public benefit for my spouse or child to accompany me?”

Each dependent (your spouse or unmarried children under age 21) seeking parole must independently establish eligibility for parole based on a significant public benefit or an urgent humanitarian reason. Each individual must establish that they merit a favorable exercise of discretion to be granted parole. If you have been granted parole under the IEP, USCIS may consider granting parole to your spouse and children if we determine that maintaining your family unity provides a significant public benefit because it further encourages you to operate and grow your business in the United States, and to provide the benefits of such growth to the United States.

“What constitutes “a significant public benefit” to the United States?”

You can demonstrate substantial potential for rapid growth and job creation by the receipt of significant capital investment from U.S. investors with established records of successful investments in start-up entities. You can also demonstrate this through significant awards or grants from certain federal, state, or local government entities that regularly provide awards or grants to start-up entities. DHS regulations also include alternative criteria for applicants who partially meet the thresholds for capital investment or government awards or grants and can provide additional reliable and compelling evidence of their entities’ significant potential for rapid growth and job creation.

“What is meant by other reliable and compelling evidence of the start-up entity’s substantial potential?” “Where do the regulations discuss these alternative criteria?”

The alternative criteria is discussed in 8 CFR Section 212.19 (b)(2)(iii), Form I-941 instructions, and the preamble to the final rule.

“What is the minimum amount that USCIS considers a significant investment of capital?”

Generally, the start-up entity must have received a qualified investment of at least $250,000 (adjusted for inflation – see note below) from one or more qualified investors within 18 months immediately preceding the filing of your Form I-941.

“What is the minimum threshold for an established record of successful investments?”

The definition of a qualified investor at 8 CFR section 212.19 requires the investor to have a history of substantial investment in successful start-up entities.

“What is the minimum threshold for significant grants or awards?”

Generally, the start-up entity must have received at least $100,000 (adjusted for inflation – see note below) through one or more qualified government awards or grants within 18 months immediately preceding the filing of Form I-941.  DHS regulations also include alternative criteria for applicants who partially meet the thresholds for capital investment or government awards or grants and can provide additional reliable and compelling evidence of their entities’ significant potential for rapid growth and job creation.

“What types of evidence could be provided for an entrepreneur to meet the regulatory requirement of having a central and active role in the start-up entity?”

You must be well-positioned to substantially promote the growth and success of your start-up business to qualify as an entrepreneur under the IEP program. You must possess the required knowledge, skills, or experience.

“Where can I find the exact requirements for the IEP program?”
  • Form I-941;
  • The Instructions for Form I-941;
  • The International Entrepreneur Rule as published in the Federal Register at 82 FR5238; and
  • The relevant regulation at 8 CFR section 212.19.
“Will my spouse or children need to fill out form I-131 with USCIS even they’re not in the United States at the time of filing?”

Your dependents may file Form I-131 at the same time you file Form I-941, regardless of whether they currently reside outside of the United States at the time of filing.

O-1 Visa FAQs

Can I Work With An O-1 Visa?

Yes, you can! There are some parameters with the O-1 visa you must list all the different jobs you have. That can include agent-based petition which has numerous direct employers, but you must stay employed with those listed as your direct employer, however you can have an employment relationship with your own company and as an employer of your company, your company can obtain clients and customers which you can work with. Under the O-1B if you get a deal memo, you can then receive additional deal memos that were not stated or underlined in the original petition. You can also study on the O-1 visa, most universities will allow O-1 visa holders to go to school at the university while they’re also working in their extraordinary ability.

Can O-1 Visa Apply For Unemployment?

Not really. The reason filing for unemployment is not advisable is because O visas specifically rely on the immigrants’ work to be valid. Being unable to maintain a job could be seen as “failure to maintain status.” Additionally it’s very common for most immigrants to not be eligible for unemployment insurance.

How Long Is An O-1 Visa Good For

Exactly three years from the date of approval! The O-1 visa may be valid for an initial period of three years and may be extended indefinitely in one-year increments. If you want to extend your O-1 during the extension application period you will need to prove the project continues after your initial allotted three years.

Is O-1 Visa Dual Intent?

Yes the O-1 is dual intent! An O-1 visa applicant can have a residence abroad “dual intent” is permissible for O-1 visa holders. The standards apply also to the O-3 accompanying the O-1 principal applicant.

What Two O-1 Classifications Are There?

TN Visa FAQs

“Can I work on a self-employed basis with a TN visa?”

No. TN visas only cover permanent or part-time employment for a US-based employer.

“How can I prove my expertise in my profession?”

Most types of positions require a baccalaureate-level degree, as detailed below. There are a few exceptions, which we can help guide you through.

“If my spouse/child is not a Canadian/Mexican citizen, can they still get a TD dependent’s visa?”

Yes, only the TN visa holder must be a citizen of the NAFTA signatory country.

“What alternatives are there to a TN visa?”

You might also like