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Frequently
Asked Questions
Can I rely on telephone information from the USCIS?
More often than not, questions and answers are taken out of
context by both USCIS employees and questioners. Beyond the
simplest questions, it is impossible to present the full scope
of circumstances to the USCIS.
Is the Immigration Lottery real?
Yes, absolutely. It is NOT a ruse to locate those who are here
illegally. For more information about the lottery, click
here.
Can my employee start working after I file my petition?
Only if you are petitioning for an H-1B non-immigrant and the
employee is already in the United States under H-1B classification.
In all other circumstances you must wait for approval of the
petition.
What is "Premium Processing"?
Premium Processing is a special program of the United States
Citizenship & Immigration Services that provides significantly
faster processing in exchange for an additional processing fee.
For an additional $1000, the USCIS guarantees a decision (note:
not necessarily an approval) within 15 calendar days on the
following types of visa petitions or applications: H-1B, H-2B,
H-3, O, P, Q-1, E-1, E-2, L and TN.
Can an employee reimburse me for immigration costs?
Yes, except in the following circumstances: the $1500 (or $750 for smaller companies) data collection fee for H-1B non-immigrants is not reimbursable. Also, reimbursement is not allowed when such reimbursement would offset the prevailing wage certified in a Labor Condition Application included in the visa petition. Lastly, an employer cannot receive reimbursement from an employee for the advertising and legal fees associated with the preparation and filing of an alien employment certification.
Does marriage to a U.S. citizen automatically confer a green card on a foreign national?
No. It may take from three months to two years to complete the green card process.
Do I need to register my address?
Yes. All non-immigrants and lawful Permanent Residents must
register any CHANGE of address using USCIS Form AR-11.
Can a student work?
Generally not, but under certain circumstances they may. For
more information, click
here.
If I sponsor an employee for a green card, can he or she
leave my employ before his case is finished, yet continue to
use the benefits of my sponsorship?
Only when an Application to Adjust Status to that of Permanent
Resident has been pending for 180 days or more.
Can my employee's spouse work?
L-2 visa holders (spouses of L-1 visa holders) and spouses of
E visa-holders have recently been allowed to apply for employment
authorization.
If my employee needs to travel, how easy is it to get a visa
for return to the U.S.?
Each consulate or embassy has different local rules for obtaining
visas. Click
here to see the websites for American embassies and consulates
around the world.
Can a visa be obtained in the United States?
As of 2004, all foreign nationals requiring new visas must apply
for their visas at a U.S embassy or consulate outside the United
States.
Can a visa be obtained in Canada?
In most circumstances, yes. But if the applicant is denied he
or she must proceed to their home country.
Does a Canadian citizen need a visa?
No, unless applying for E-1 Treaty Trader or E-2 Treaty Investor
classification. However, it is important that the proper non-immigrant
classification be requested and conferred at the time of entry
to the U.S.
How have 9/11 and related developments affected prospective
employees?
Here is an unofficial list of 26 countries whose nationals maybe
subject to additional clearances that may delay visa issuance:
Bangladesh; Egypt; Indonesia; Jordan; Kuwait; Afghanistan; Algeria;
Bahrain; Eritrea; Iran; Iraq; Lebanon; Libya; Morocco; North
Korea; Oman; Pakistan; Qatar; Saudi Arabia; Somalia; Sudan;
Syria; Tunisia; United Arab Emirates; and Yemen.
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