Frequently Asked Questions About Visas, Green Cards and Travel

The following article explains the various nonimmigrant and immigrant visa categories and answers some basic questions regarding the immigration process and overseas travel.

What is an H-1B visa?

H-1B nonimmigrant (i.e., temporary) visa status conveys work authorization to foreign professionals who are sponsored for employment in a specialty occupation requiring at least a bachelor's degree. To qualify, foreign nationals must have at least a bachelor's degree or equivalent in a discipline that is directly related to the occupation. The employer must attest to various working conditions, including payment to the H-1B worker of the higher of prevailing wage or actual wage for the occupation. Initial admission is for three years with an extension available for another three years. In very limited circumstances, extensions beyond the standard six-year limit are available.

What is the H-1B cap?

A limited number of new H-1Bs are available each fiscal year, which runs from October 1 to September 30. Under the regular cap, there are 65,000 H-1Bs available each year for foreign nationals with a bachelor's degree (or equivalent) or a non-U.S. graduate degree. There are an additional 20,000 H-1Bs available for those who have earned a master's or other advanced degree from a U.S. college or university. In recent years, the number of H-1B petitions filed on the first day of filing exceeded the number of available H-1Bs, so USCIS set up a random lottery system for selecting H-1B "winners."

What is TN (NAFTA) status?

TN status is a nonimmigrant visa status for Canadian and Mexican citizens in certain professions to enter the United States in three-year increments.

What is an L-1 visa?

The L-1 visa is a nonimmigrant visa that is used to bring an executive, managerial or specialized knowledge employee of a qualifying related foreign company to the United States as an intracompany transferee. The foreign national must have worked with the related company abroad for one continuous year abroad within the preceding three years in a managerial, executive or specialized knowledge capacity and is coming to the U.S. to work in one of these capacities. L-1A managers/executives are initially admitted for three years with two extensions of up to two years each (seven years total). L-1B specialized knowledge employees are initially admitted for three years with one extension of up to two years (five years total). 

What is an F-1 visa?

F-1 student visas are available to foreign nationals accepted at U.S. colleges and universities to pursue full-time studies. Some (but not all) F-1 students qualify for curricular practical training authorizing them to work off campus in a position that is integral part of the curriculum for their degree program. Optional practical training (OPT) is available to F-1 students for one year after completion of a degree program and, in some cases, during school, to work off campus in a position directly related to the student's area of study. For OPT, the foreign national student must apply for and be approved for employment authorization from USCIS in order to commence employment for U.S. employer.

Allowable under the rules is a 17-month extension of F-1 OPT for students with a science, technology, engineering or mathematics (STEM) degree, as long as their employer is enrolled in the federal government's E-Verify program. To apply for the 17-month extension, the F-1 student must meet the following conditions: (1) apply for the extension while in a valid period of post-completion OPT; (2) has successfully completed a degree included in the DHS STEM designated degree program list from a college or university certified by the U.S. Immigration and Customs Enforcement Student and Exchange Visitor Program; (3) will work for a U.S. employer in a job directly related to the student's major area of study; (4) will work for an employer enrolled in the USCIS E-Verify program; and (5) has properly maintained F-1 status. 

What is Premium Processing?

For certain types of temporary work visas, USCIS will process the petition (i.e., approve, deny, or send request for additional evidence) in 15 days, for an extra filing fee of $1,000. 

What does it mean to have permanent residence in the U.S.?

An immigrant a/k/a lawful permanent resident a/k/a "green card" holder is a foreign national who has been granted the right to reside permanently in the United States. The I-551 Permanent Resident Card (commonly known as the "green card") is the document evidencing a foreign national's permanent resident status. The most common ways to secure lawful permanent resident status include through an employment-based petition filed by an employer, a family-based petition filed by a U.S. citizen or permanent resident family member, or through obtaining status as a refugee or political asylee. Lawful permanent residents enjoy many privileges and protections under U.S. laws and the U.S. Constitution, but they cannot vote, hold most public offices, or carry a U.S. passport. 

What is labor certification?

Labor certification is the step in the permanent residence process in which the employer is required to demonstrate that there are no U.S. workers who are able, willing, qualified and available for the position at the place of proposed employment and that such employment will not adversely affect the wages and working conditions of similarly employed workers in the United States. While a small percentage of foreign nationals are exempt from the labor certification, the vast majority of employment-based permanent residence applications begin with a labor certification application. 

What is PERM?

Program Electronic Review Management (PERM) is the procedure through which labor certification applications have been prepared and filed since March 28, 2005. A PERM application is completed through an online filing with the U.S. Department of Labor. Employers must retain recruitment information for five years. 

What is a priority date in the permanent residence process? How do I find the Visa Bulletin?

In the permanent resident process, the priority date is the date the first petition/application was filed on behalf of the foreign national (i.e., either the labor certification application or the I-140 Immigrant Visa Petition). If the foreign national has a priority date on or before the cut-off date listed in the Department of State's Visa Bulletin, then he or she is currently eligible for a visa as part of the permanent resident process. The foreign national cannot move onto the final step in the permanent residence process (i.e., I-485 Application to Register Permanent Residence or Adjust Status) until the priority date is current. If the cut-off date retrogresses after the I-485 application is filed, USCIS will resume processing of the application only after the priority date again becomes current.

How do I become a U.S. permanent resident after marrying a U.S. citizen?

A foreign national can pursue marriage-based permanent residence after marrying a U.S. citizen. A Petition for Alien Relative (Form I-130) is submitted by the U.S. citizen spouse on behalf of the foreign national spouse. If the foreign national spouse is in the United States in a valid visa status, the spouse can concurrently file an I-485 application with supporting evidence. If the spouse is abroad, the spouse will process for permanent residence at a U.S. Consulate in the spouse's home country after the I-130 petition is approved. Alternatively, the U.S. citizen may wish to file a petition for K-3 visa status in order to bring the foreign national spouse to the U.S. while they prepare and file the permanent residence application. 

How do I become a naturalized U.S. citizen?

Naturalization is the conferring of citizenship upon a person after birth. A person who becomes a lawful permanent resident must typically maintain that status for five years before becoming eligible to apply for naturalization. That waiting period is reduced to three years for persons married to U.S. citizens. Naturalization applicants must also demonstrate that they meet the USCIS "good moral character" standards and be able to pass English language and civics testing requirements.

As a foreign national in the U.S., do I need to notify USCIS regarding my change in address?

Yes. Foreign nationals and permanent residents are required to notify USCIS regarding a change in address. Form AR-11 must be filed with USCIS and instructions for completing Form AR-11 can be found at the USCIS website. Certain foreign nationals who are subject to National Security Entry-Exit Registration System must file Form AR-11SR. If an applicant has a pending application with USCIS, the applicant should separately contact the applicable USCIS office regarding the change of address.

For more information, please see: AR-11: On-line Change of Address.

What is an Application Support Center?

USCIS ASC Offices capture biometrics (fingerprints/photos) of applicants seeking certain immigration benefits. Some USCIS applications, such as the Application for Naturalization, Application to Register Permanent Residence or Adjust Status, and I-131 Application for a Reentry Permit require the USCIS to conduct a FBI fingerprint background check on the applicant. Most applicants who require a background check will be scheduled to appear at a specific Application Support Center or designated law enforcement agency for fingerprinting/biometrics. 

Where do I find additional information about visa stamp processing overseas?

Most foreign nationals entering the U.S. in a nonimmigrant status (e.g., temporary work visa status like L or H status) must have a current and valid passport, along with a current and valid visa stamp. Visa stamps must be obtained through a scheduled appointment at a U.S. embassy or consulate overseas. Each consulate has its own unique procedures and requires different documents for nonimmigrant visa applications. Processing times vary from consulate to consulate so business and personal travel should be planned well in advance if a visa stamp will be required. Additional documents may also be required for readmission back into the U.S.

For more information, please see: U.S. Embassy and Consulate Web Sites.

What is Advance Parole?

This is a travel document that allows a foreign national seeking certain immigration benefits to return to the United States after traveling abroad. Asylum applicants, advance parolees, people with Temporary Protected Status (TPS), and people who are applying to Adjust to Permanent Resident Status may apply for Advance Parole. If Advance Parole is required, it must be applied for and issued by USCIS prior to the person's departure from the United States. People who have applied to adjust to permanent resident status and are maintaining H or L status do not need to apply for Advance Parole and can continue traveling pursuant to their H or L visas. 

What is the Visa Waiver Program?

This program allows foreign nationals from certain countries to apply enter the United States for up to 90 days for business (i.e., business in connection with employment abroad) or pleasure without having to apply for a B-1/B-2 visa at a U.S. consulate abroad.

DHS has established the Electronic System for Travel Authorization (ESTA) for travelers under the VWP. All nationals and citizens traveling pursuant to VWP will be required to obtain a specific travel authorization prior to initiating travel to the U.S. under the VWP. ESTA is an online, automated system administered by DHS through a U.S. government Web site. Through the ESTA program, a VWP traveler will be notified electronically of his or her eligibility to travel to the U.S. under VWP. Advance ESTA approval for travel into the U.S. is only required for VWP and those participating countries and travelers. 

What is US-VISIT?

US-VISIT is a security initiative launched by DHS at air and sea ports on January 5, 2004, using biometrics to confirm a foreign visitor's entry into the United States. The US-VISIT program now also includes U.S. permanent residents. 

What documentation does a U.S. citizen need to reenter the United States?

Since January 23, 2007, all persons entering the United States by air from Canada, Mexico, Bermuda or the Caribbean have been required to present a passport or other valid travel document. This rule is the first phase of the Western Hemisphere Travel Initiative (WHTI). Effective January 31, 2008, citizens of the United States and Canada are now required to present one of the following documents (or combination of documents) in order to be admitted into the United States at a land border or seaport: Option 1: A government-issued photo ID (such as a driver's license), and proof of citizenship (such as a birth certificate); or Option 2: A WHTI-compliant document (e.g., passport, U.S. Passport Card, NEXUS card, SENTRI card, FAST card, or unexpired Merchant Mariner Document).

The second phase of the WHTI will go into effect on June 1, 2009 and will require most U.S. citizens entering the United States at sea or land ports of entry to have a passport, passport card, or WHTI-compliant document. Children ages 18 and under will be required only to present proof of citizenship, such as a birth certificate. All those entering aged 19 or older will need to present a passport, passport card, or other valid travel document when entering. Please note that air entry requires a passport book; the passport card is not adequate. 

How does a U.S. citizen apply for a U.S. passport?

A passport is an internationally recognized travel document that verifies the identity and nationality of the bearer. A valid U.S. passport is required to enter and leave most foreign countries. The Passport Services Office of the U.S. Department of State provides information and services to U.S. citizens about how to obtain, replace or change a passport. Only the Department of State has the authority to grant, issue or verify United States passports. To obtain a passport for the first time, an applicant must go in person to one of over 9,000 acceptance facilities located throughout the United States with two photographs, proof of U.S. citizenship, and a valid form of photo identification such as a driver's license. Acceptance facilities include many federal, state and probate courts, post offices, some public libraries and some county and municipal offices. There are also 13 regional passport agencies and 1 Gateway City Agency, which serve customers who are traveling within 2 weeks (14 days), or who need foreign visas for travel.

For more information, please see: How to Obtain Proof of Your U.S. Citizenship, General U.S. Passport Information and How to Apply for a U.S. Passport.