1. What is the NIW Green Card?

The National Interest Waiver (NIW) is a special category within the EB-2 green card. Common fields for NIW include business, medicine, science, arts, sports, and education. Under normal circumstances, applying for an EB-2 requires sponsorship from a U.S. employer who must provide a permanent job offer and apply for a labor certification from the U.S. Department of Labor before filing the I-140 immigrant petition for the applicant.

However, the NIW green card application is an exception to the EB-2 requirements. Based on national interest considerations, the U.S. government waives the requirement for a permanent job offer and the lengthy labor certification process for foreign nationals who make significant contributions to U.S. national interests, allowing them to directly apply for a green card with the immigration authorities.

2. NIW Green Card Advantages

The NIW green card does not require compliance with the EB-2 green card application requirements, which is its significant advantage. Specific advantages of the NIW green card include:

• No employer sponsorship required: Unlike other categories of employment-based applications, NIW applications do not require employer sponsorship. The NIW applicant is the beneficiary, who does not need a job offer or support letter from an employer and can independently apply for a U.S. green card.
• No labor certification required: Typically, an EB-2 immigration application requires a U.S. employer to provide a permanent job offer and apply for a PERM labor certification from the Department of Labor. With NIW, this requirement is waived.
• Wide range of coverage: NIW is applicable across various industries, not limited to specific fields or occupations. As long as the beneficiary can demonstrate unique abilities and contributions to U.S. national interests, approval is possible.
• Family immigration: The beneficiary and their dependents (spouse and unmarried children under 21) are eligible to apply for permanent green cards, enjoying benefits equivalent to citizens. After obtaining the green card, they can apply for citizenship after residing in the U.S. for 30 months within a 5-year period.
• Promising prospects: NIW green card holders have more opportunities to engage in senior positions, important projects, and collaboration opportunities. Their professional abilities and contributions are widely recognized, opening up broader career development prospects.
• Expedited processing: Compared to other green card application categories, NIW green cards are typically processed faster. Due to the outstanding abilities and significant contributions to national interests recognized in NIW applications, approval times are relatively shorter, sometimes shortening waiting times to several months to a year.

1. NIW Green Card Application Requirements

First, let’s briefly understand the EB-2 application requirements before introducing the NIW application conditions. EB-2 application requirements:

1. Individuals with “advanced degrees” or “exceptional ability” in fields such as science, technology, education, arts, and business, such as engineers, doctors, researchers, artists, etc.
2. Applicants need a U.S. employer, and the employer must provide a permanent job offer. The employer must apply for a labor certification from the Department of Labor (PLC). After the labor certification is approved, the I-140 is submitted to the immigration authorities.

Note: During the immigration application process, applicants can only change employers at specific time points; otherwise, it may require starting the application process from scratch.

4. NIW Green Card Application Requirements

• General requirements:
  NIW applicants must meet the requirements of having an “advanced degree” or “exceptional ability.” Applicants must work in the field of their “advanced degree” or in traditional professional fields such as lawyers, doctors, architects, engineers, or teachers.
• Special requirements:
• For academic professionals such as doctors, professors, researchers, etc., having published articles with a certain citation count is sufficient for application.
• For individuals with exceptional abilities, having received personal awards, media coverage, membership in nationally or internationally recognized professional associations, or serving as professional judges is sufficient for application.

4. What are the latest NIW application conditions and requirements?

• Basic requirements: Advanced degree or exceptional ability
  Since the National Interest Waiver belongs to the employment-based second preference (EB-2), applicants must meet the EB-2 criteria, namely having “advanced degrees” or “exceptional ability” and working in their field of “advanced degrees” or in traditional professional fields such as lawyers, doctors, architects, engineers, or teachers.
• “Advanced degree” refers to any of the following:
  • Having a master’s degree or higher from a U.S. university.
  • Having a master’s degree or higher from a foreign university equivalent to a U.S. degree.
  • Having a bachelor’s degree from a U.S. or foreign university equivalent to a master’s degree, along with at least 5 years of relevant professional experience. Combined, these two criteria are considered equivalent to a master’s degree.

If the above “advanced degree” criteria are not met, applicants can claim to have “exceptional ability,” meaning possessing exceptional skills in science, arts, or business compared to their peers.

• The “exceptional ability” requires meeting at least three of the following conditions:
  • Having received official academic credentials from colleges, universities, or other educational institutions in their field.
  • Having over ten years of full-time work experience in their field, usually requiring proof from former and current employers.
  • Holding professional licenses in their field.
  • Receiving compensation for their “exceptional ability.”
  • Being a member of a professional association.
  • Being recognized in their field and making significant contributions, verified by colleagues, government agencies, professional or business organizations.
• Applicants only need to meet either the “advanced degree” or “exceptional ability” condition; there is no need to meet both conditions simultaneously. Additional conditions: Meeting the three principles of the National Interest Waiver Standard. The Administrative Appeals Office (AAO) of the U.S. Citizenship and Immigration Services (USCIS) states that merely having an “advanced degree” or “exceptional ability” is not sufficient to meet the NIW application requirements. Applicants must also meet specific standards established in the Dhanasar case, namely the three-pronged Dhanasar standard:

1. Whether the field the applicant is engaged in has substantial merit.
2. Whether the applicant’s achievements in this field are sufficiently outstanding.
3. Whether the applicant can make significant contributions to this field in the United States.

In immigration practice, the standards currently used by USCIS primarily come from the AAO’s ruling in the New York State Department of Transportation case (also known as the “NYDOT” case). These special standards can be summarized as follows:

1. The applicant’s work and field must have intrinsic merit to U.S. national interests. In general, almost all professional work can be related to U.S. national interests, including research, engineering, business, education, finance, film, and music. Proving this is relatively easy.
2. The applicant’s work and contributions must have a beneficial impact nationwide in the United States. Proving this is also relatively easy. For example, the applicant has published articles in national journals, presented at national-level academic conferences, or holds one or more patents.
3. If requiring the applicant to immigrate through a labor certification would adversely affect U.S. national interests. The labor certification is designed to protect the basic interests of American workers.

In the immigration bureau’s review practice, the main criteria currently used by the immigration bureau are primarily derived from the AAO’s ruling on the New York State Department of Transportation case (also known as the “NYDOT” case). These specific standards can be summarized as follows:

1. The applicant’s work and field of engagement must have intrinsic merit that is inherently substantial to the national interest of the United States. Generally speaking, almost all professional work can be linked to some extent to the national interest of the United States, including fields such as research, engineering, business, education, finance, film, and music. Proving this point is relatively easy.
2. The applicant’s work and contributions must have a beneficial impact on a national scale in the United States. Demonstrating this point is also relatively easy. For example, if the applicant has published articles in journals distributed nationwide, delivered speeches at national-level academic conferences, or holds one or more patents.
3. If requiring the applicant to immigrate through a labor certification would adversely affect the national interest of the United States. The purpose of labor certification is to protect the basic interests of American workers. If it is demonstrated that the applicant’s abilities surpass those of similarly qualified American counterparts and that their contributions to the national interest outweigh the need to protect American labor interests, then the applicant may be eligible for a national interest waiver.
4. Specific assessment criteria or standards for the NIW green card:

Many international students, scholars, researchers, and other scientific and technical professionals in the United States feel unsure whether they have made outstanding achievements or significant contributions to the United States and are therefore uncertain whether they meet the criteria for a national interest waiver. Generally, when the United States Citizenship and Immigration Services (USCIS) reviews an applicant’s application, they often comprehensively evaluate whether the applicant’s qualifications meet the standards for a national interest waiver. It is suggested that applicants can use the following criteria for self-assessment:

1. Do you have a master’s degree or higher?
2. Do you have work experience in your field, both domestically and internationally?
3. Have you received awards, big or small, domestically or internationally (including national or regional levels)?
4. Have you published research articles in domestic or international academic journals, and how many as the first author?
5. Do your articles have a significant number of independent citations and/or downloads?
6. Have your articles ever been cited by U.S. government departments?
7. Can you find experts or authoritative figures in your field to write recommendation letters for you?
8. Can you find materials related to your field and the national interest?
9. Are you a member of one or more professional industry associations?

If you answer yes to some or all of the above questions, then you are more likely to meet the eligibility criteria for an NIW application. Moreover, having an NIW application denied will not affect the applicant’s ability to apply for other types of immigration visas later on.

7. How to apply for an NIW green card?
8. Required documents for NIW green card application:

In addition to the immigration application form (L-140) and the Department of Labor foreign worker employment application form (ETA-750B), applicants for NIW national interest waiver must also prepare:

 Personal identification;
 Copy of the beneficiary’s passport;
 Copy of the U.S. entry and exit form I-94 (both sides);
 Proof of the beneficiary’s current non-immigrant status (such as -20s form, etc.);
 Proof of Outstanding Talent:
 Beneficiary’s latest resume;
 Proof of education background, evaluation reports, and other materials that can prove the beneficiary’s education background. It should be demonstrated that the beneficiary’s education is at least equivalent to a master’s degree recognized by a U.S. university.

• All published articles, lecture posters, academic conference invitations, etc.;
• Proof of citation by other researchers for articles published by the beneficiary;
• Comments from reviewers or experts on the beneficiary’s published works;
• Requests for reprints of previously published works received by the beneficiary;
• Awards or honors received by the beneficiary;
• Proof of membership in professional associations;
• Funding information for the beneficiary’s research projects;
• Participation in peer review of research works of peers in the same field by the beneficiary, either individually or as a group;
• Reports on individuals who wrote recommendation letters for the beneficiary to prove the authority of the recommenders in their field;
• Information about all individuals who wrote recommendation letters for the beneficiary, including names, titles, job titles, and employers.

Please note that the above materials are only general requirements, and specific recommendations should be carefully reviewed in the official guidelines of the U.S. Citizenship and Immigration Services (USCIS).

2. NIW application steps:

• Step 1: Determine eligibility for NIW green card application. NIW applicants must demonstrate that they possess special skills or professional knowledge, and that these skills or knowledge are in line with the national interests of the United States. Applicants can refer to the eligibility criteria mentioned above.
• Step 2: Prepare NIW application materials. The materials for NIW application include application forms, personal resumes, evidence of professional achievements, recommendation letters, document checklists, etc., as detailed above. Special attention should be paid to the applicant’s research achievements and proof of national interest in the United States. These proofs may include articles published in relevant fields, patents, conference papers, etc.
• Step 3: Fill out and submit application forms. According to the requirements of the NIW green card application, you need to fill out and submit relevant application forms, such as the I-140 form.
• Step 4: Pay fees. When submitting the application, you need to pay the relevant application fees, including application fees, biometric collection fees, etc. Specific fee information can be found on the official website of the U.S. Citizenship and Immigration Services (USCIS).
• Step 5: Submit the application and wait for approval. Once the preparation is complete, you can submit the application materials and fees to the USCIS. You can submit the application online through the USCIS website or mail the application materials to the designated USCIS address. After submission, USCIS will send a confirmation letter to the applicant (usually within 2-3 weeks) to notify them of the result. The processing time varies depending on individual cases and the workload of the immigration bureau. Expedited applications are also available, and results are generally obtained within 45 days.
• Step 6: Supplement materials and respond to requests. If the immigration bureau has any questions about your application or requires additional materials, they may issue an RFE (Request for Evidence) and may arrange for an interview. Upon receiving an RFE, you need to promptly provide the required supplementary materials or respond to the immigration bureau’s requests.
• Step 7: Approval and receipt of approval notice. Once the immigration bureau completes the review of your application, they will send you an approval notice. If the application is approved, the applicant will receive an I-140 form approval notice, indicating that the NIW has been recognized. After receiving the approval notice, you can proceed with the green card application process.

2. NIW Green Card Application Fees and Timeline
    NIW Application Fees

• The minimum total cost for the EB-2 NIW visa does not include all optional items, such as insurance processing fees, Form I-765, and business plan services, while the maximum total cost includes the highest cost of all fees. Specific NIW application fees are recommended to be carefully read in the official guide of the United States Citizenship and Immigration Services (USCIS) on how to minimize NIW green card application fees.
• Fully prepare documents: Organize and prepare the documents required for the application carefully to ensure they are complete and accurate.
• Research fee waivers: For certain application materials, such as Form I-485.
• Check all content carefully to avoid errors: To avoid additional fees due to errors in documents or applications.
• Write your own business plan: If you have a deep understanding of business and are confident in your research and writing skills.
• Consider hiring a limited scope immigration lawyer.

 Timeline for NIW Application
NIW applications typically take 3-9 months to process.

4. What to Do If Your NIW Application Is Denied?
   If your NIW application is unfortunately rejected by immigration officials, you are not without recourse. At this point, you can take the following actions:

• Reapply to seek approval again.
• File a Motion to Reconsider or Motion to Reopen the case.
• Appeal to the USCIS Administrative Appeals Office (AAO).
• Resubmit the NIW application.
• Apply for other immigration categories.

The H-1B visa is the primary option for foreign-trained nurses seeking employment in the United States. The U.S. Citizenship and Immigration Services (USCIS) has established specific criteria that nurses must meet to qualify for an H-1B visa. The position must be classified as a “specialty occupation” for the H-1B petition to be approved. This visa category is highly coveted by medical professionals as it allows for temporary employment in the U.S. for a period of three to six years.

A “specialty occupation” is defined as a role that requires the theoretical and practical application of a highly specialized body of knowledge. Nurses are mandated to possess a bachelor’s degree or higher in their field. If the occupation necessitates certification or licensure, these credentials must be provided along with the petition to enhance the chances of approval.

While nursing positions may appear to align with the requirements for an H-1B visa, general registered nurse (RN) or licensed practical nurse (LPN) roles do not typically qualify as specialty occupations. However, in states where a bachelor’s degree in nursing is a prerequisite for obtaining a nursing license, RN positions in those states would generally meet the criteria for a specialty occupation.

Elibibility

To be eligible for a nursing visa, applicants must meet the following criteria:

• Educational Qualifications: Possession of a bachelor’s degree or higher in the field of nursing is essential.
• Licensing: Successful completion of an accredited nursing program and passing the National Council Licensure Examination (NCLEX) are mandatory to obtain the necessary nursing license.
• Industry Standards: The occupation must require qualifications that align with typical expectations within the nursing profession.
• Employer Requirements: The U.S. employer generally mandates a bachelor’s degree or an equivalent foreign qualification as a minimum educational requirement for the nursing position.
• Specialized Responsibilities: The duties and responsibilities associated with the position are highly specialized, necessitating a professional with a bachelor’s degree or higher level of education to effectively fulfill the role.

RN positions with specialized responsibilities that may be eligible for an H-1B visa for nurses include:

• addiction nurses
• cardiovascular nurses
• critical care nurses
• emergency room nurses
• genetics nurses
• neonatology nurses
• nephrology nurses
• oncology nurses
• pediatric nurses
• peri-operative nurses
• rehabilitation nurses

Petition Requirements of H1B Visa for Nurses:
In a 2015 policy memorandum, the USCIS lists some of the documents that a petitioner should submit as evidence:

• The nature of the petitioner’s business
• Industry practices
• A detailed description of the duties to be performed within the petitioner’s business operations
• Advanced certification requirements
• ANCC Magnet Recognized status
• Clinical experience requirements
• Training in the specialty requirements
• Wage rate relative to others within the occupation

Priority of Acceptance:
All must qualify under general position, education, Department of Labor, USCIS, and U.S. employer H-1B requirements. Certified Advanced Practice Registered Nurses (APRNs) are generally the first to be accepted for the H-1B petition. specialized nursing occupations under the APRN category are:
certified registered nurse anesthetists

• clinical nurse specialists
• certified nurse midwives
• certified nurse practitioners

The position must also require for the nurse to be a certified RN (registered nurse). To become an RN the nurse must have a minimum of a Bachelor of Science in Nursing with additional education.

The second level of acceptance applies to nurses who qualify for administrative occupations which require a graduate degree in nursing or healthcare administration. Examples include: “Nurse Managers” and Supervisory Nurses.

The final level of acceptance applies to individuals with a nursing specialty in areas such as critical care or preoperative nurses.

Approved H-1B applicants may also come to those who are not APRNs. However, non-APRNs must have successfully passed examinations based on clinical experience, emergency room nursing, operating room, occupation health, rehabilitation nursing, critical care, oncology, and pediatrics.

The H-1B Lottery for Nurses
If you qualify for an H-1B visa for nurses, your petition will likely be entered into the annual H-1B lottery. This lottery was put into effect due to the large number of petitions that are received each year. Overall, there are two major sections of this lottery:

• The master’s cap – 20,000 petitions. This cap is for those with an advanced degree.
• Regular cap – 65,000 petitions.

The way that the lottery works means that the first 20,000 positions will be filled by those that have advanced degrees. Any petitions for those with advanced degrees that are not selected in the master’s cap will be re-entered into the regular cap, essentially giving those petitions two chances of being selected.

It is important to note that there is no other way to increase your odds of selection. It doesn’t matter if you are applying for an H-1B for nurses or for an IT manager, the chances are the same. Because the number of petitions is continually increasing, the probability of being randomly selected is decreasing. If you are not selected in the lottery, then you will need to wait until the following year or find an alternative visa.

If your petition is selected, then it will be processed by the USCIS. Of course, there is still a chance that a petition could be selected and then denied. To avoid this, make sure that your case is handled by an expert immigration attorney.

Cap Exempt Petitions
There are only three major categories of H-1B occupations that would be considered cap-exempt:

• An institute of higher education
• A not-for-profit organization associated with an institute of higher education
• A not-for-profit governmental research organization

Also, if you submit a cap-subject petition and it is selected, you will be considered cap-exempt for any subsequent I-129 petitions that you need to have filed for job transfers or visa extensions. However, if you are approved for a cap-exempt position and decide to transfer to a cap-subject one later on, you will need to file a new petition that will be subject to the cap.

Alternatives for the H-1B for Nurses
The H-1B, while a very popular nonimmigrant visa, is not the only method that nurses can use to work in the U.S. Here are some prominent alternatives:

• TN visa: If you are a registered nurse from either Canada or Mexico, the NAFTA treaty visa may be a great way to go. This visa boasts several advantages over the H-1B, such as the fact that there is no annual cap and being able to renew your visa indefinitely.
• L-1 visa: This visa is for managers, executives, and specialized employees of multinational companies. This may seem irrelevant at first, but if you are a nursing manager who works for an organization that has a presence in the U.S. and overseas, you may qualify for this visa.
• EB-2 green card: If you are interested in living in the U.S. permanently, you can have an employer file an I-140 petition on your behalf. For the EB-2, you will need to have an advanced degree or be able to demonstrate that you have exceptional ability in your field.
• EB-3 green card: Also making use of the I-140 petition, the EB-3 is a good option for nurses because it is designed for bachelor’s degree holders as well as skilled and unskilled workers.

If you are looking to get a green card for nurses, you will need to take your priority date into account, which may add a significant amount to your processing time. Speak with our immigration attorney if you would like to make the transition from H-1B to green card status.

H-1B Visa Cost
The basic fees for an H-1B for nurses are as follows:

• I-129 basic filing fee – $460
• ACWIA fee – $750-$1,500
• Anti-fraud fee – $500
• Public Law fee – $4,000
• premium Processing fee-$2805
• DS-160 Form (for consular processing) – $190
• Attorney fees – these vary from firm to firm.

Keep in mind that, while this may seem expensive, your employer will be responsible for most of these fees. The only fees that you may need to pay are the DS-160 fee as well as the attorney fee and the premium processing fee. Work alongside your immigration attorney to ensure that all H-1B fees are filed properly.

7 Steps for Nurses to Work in U.S. from China

The requirements for any nurse from India to come and work in the U.S. are relatively the same as for any other foreign-trained nurse. Here is a quick summary of the steps that an Indian-trained nurse might have to take in order to work in the U.S.

1. Education and Work Experience Requirements – this involves having completed a bachelor’s degree in nursing, being an accredited nurse in India, and having at least 2 years of work experience as a registered nurse.
2. Language Requirements – quite often, it is necessary for foreign nurses to complete the IELTS exam and achieve at least 6.5 on the overall grade and 7 for the speaking portion.
3. NCLEX-RN Exam – you must pass the exam developed by the National Council of State Boards of Nursing in order to show the equivalency of your foreign education and work experience. The exam can be completed in India.
4. VisaScreen Certificate – it is essential to complete this part as this screening will allow you to be certain that you meet all of the required qualifications for work as a nurse in the U.S.
5. Apply for a Visa – at this point, you should already have a valid job offer from a U.S. employer. You must then submit an application for an employment-based visa. In many situations, it would be H-1B, TN visa, L-1 visa, EB-2 or EB-3 visa – this depends on many other factors.
6. Finish the Visa Process – it is likely that you will need to attend an interview and submit a variety of documents during the process. You need to make sure that you comply with all of the immigration regulations and finish the entire process.
7. Receive Your Visa and Start Your Job – after you have received your visa, you can freely travel to the U.S. and start your new employment as a U.S. nurse.

Hospitals That Sponsor H-1B Visa for Nurses
As a foreign nurse, you will need a sponsor as per H-1B visa requirements, and in the majority of cases, a hospital will usually be your sponsor. It is relatively easy to look for hospitals that sponsor H-1B visas for nurses because they would actively advertise visa sponsorship in their job ads.
You can approach your sponsor search just like you would approach any other job search. Go to your favorite job search engines and search for nursing opportunities with visa sponsorship. In many instances, employers will specify for what kind of visa they are willing to sponsor a prospective employee. If, however, a job posting does not specify whether they are willing to be a sponsor, then it is worth contacting the company and inquiring whether they are open to such an arrangement.

How Wang law LLC Can Help:
Our immigration lawyers are able to advise foreign nurse practitioner clients on which work visa or immigration category would be best suited based on the client’s qualifications and position requirements.
We understand that government forms can be challenging to complete. our lawyers are skilled in assisting clients with H-1B documentation and any supplementary evidence needed to support their case.

Contact us to find out if you can take advantage of our consultation and have one of the qualified immigration attorneys provide a general overview of your visa options.

If you are not eligible for an H1B visa for nurses, there are many other visa options that can be explored. We intend to inform you of your options to ensure that you’re making an informed decision.

In recent years, the momentum of overseas mergers and acquisitions by Chinese companies cannot be underestimated, and has created a wave of mergers and acquisitions in the United States. Chinese entrepreneurs can immigrate to the U.S. by acquiring U.S. companies, namely, the Small- and Medium-Sized Enterprises (SMEs), and for those Chinese executives selected for assignment to the U.S., they can also obtain a U.S. green card (occupational immigration EB1C) through acquisition.

For Chinese investors, acquiring a U.S. company with established market size and profitability is an excellent opportunity to tap into and quickly enter the huge U.S. market. So, how to successfully acquire a U.S. SME? WANG LAW LLC ( LAW FIRM) , after a large number of case experiences, now mainly focuses on the analysis of the acquisition price of $10 million or less, the acquired company’s employee size of less than 100 people in the United States small and medium-sized enterprises.

The procedures and steps for acquiring a U.S. SME are generally divided into the following phases:

1. initial negotiation and identification of the acquiring entity;
2. due diligence and signing of the transaction agreement;
3. transition monitoring, approval and delivery; and
4. subsequent integration and operation.

The first step is to conduct preliminary consultations to determine the main body of the acquisition.
Chinese investors can determine their own positioning based on the enterprise’s industry conditions, their own assets, operating conditions and development strategy, form an acquisition strategy, and through intermediary recommendations or business interactions to discover the acquisition target, the two sides can conduct preliminary negotiations on business terms, such as the number of shares to be acquired, the purchase price, the direction of business development, and the treatment of the original executives. It is crucial to understand the reasons for the seller’s disposal of assets in order to grasp the issues of greatest concern in the transaction; it is also necessary to consider the approximate time required for the acquisition process, so that both parties can reach an agreement on the objectives and determine the intention to acquire. Domestic enterprises to acquire U.S. companies, can be part of the acquisition, can also be all shares of the acquisition, but for the acquisition through the acquisition of a green card, then, do not need to acquire the full amount of the acquisition, only need to acquire more than half of the shares can be. The acquired U.S. company does not necessarily need to operate the same business with the domestic head office, the industry is very broad, can be a chain of hotels, car dealerships, trading companies, training institutions, wineries and other industries.

In the second step, due diligence is performed and the purchase price is formulated.
After the initial negotiation and determination of the acquisition intent, both buyer and seller need to start assembling their teams. Generally speaking, there are technical, commercial, legal, financial and board members involved. Of course, due diligence through legal or financial intermediaries is a much smoother channel than directly requesting due diligence from the acquired company. Therefore, depending on the needs of the transaction, the team will also engage external investment banks, accounting firms, law firms and other expert consultant teams. After signing a confidentiality agreement with the target company, the investor can conduct financial, commercial and legal due diligence on the target company in order to obtain more detailed information, including the target company’s financial situation in recent years, sales of products, the use of production equipment, the shareholding structure and so on. From the legal point of view, the investor needs to ensure that the acquisition target is valid and legal, and that there is no behavior prohibited by the court or administrative order. After fully grasping the real situation of the acquisition target, a preliminary acquisition offer can be made based on due diligence, roughly as follows: price, transaction structure, source of funds and so on.

In the third step, the share purchase contract is signed and the acquisition is implemented.
After an exhaustive on-site investigation, the target company is given a valuation, and the acquisition price is confirmed after comprehensive consideration, at which time the acquisition consideration remains the core. After the buyer and seller agree on the price and text, the two sides determine the acquisition method, pricing model, acquisition payment method (cash, liabilities, assets, equity, etc.), the production of legal documents, to determine the post-acquisition management staffing arrangements, the solution for the original employees and other related issues, and sign the transaction agreement or share purchase contract. Generally like we propose the acquisition price within 10 million dollars, the acquired enterprise employees in less than 100 small acquisitions, the share purchase agreement can be signed at the same time to complete the transaction; large acquisitions, usually signed before the delivery (need to be intermediate in order to obtain government approval).

The step 4 is Transition monitoring, approval and delivery. The signing of the share purchase contract is not the end of the acquisition; the time between the signing of the contract and the delivery of the shares can be short or long, depending on the approval process. The first is the approval of the transaction by the shareholders’ meeting, where a sufficient number of shareholders of the target company have approved the transaction; the second is obtaining governmental approvals or filings. Approval by Chinese government departments and other legal system support issues in takeovers.

1. Approval by the Chinese Government: Approval by the Ministry of Commerce (MOFCOM)/Local Commerce Commission (LCC): issuance of an Overseas Investment Certificate (OIC); Development and Reform Commission (DRC): issuance of a letter of approval; and the Bureau of Foreign Exchange (BFE): foreign exchange approval for capital projects. The State Council amended the Catalogue of Government Approved Investment Projects in early December 2013, significantly reducing the approval requirements for Chinese companies investing overseas. Only projects involving sensitive countries and regions or sensitive industries, or Chinese investment of more than 1 billion U.S. dollars shall have the approval of the National Development and Reform Commission (NDRC), in addition to investment of more than 300 million U.S. dollars in projects reported to the NDRC for the record. In other cases, the central enterprises shall report to the Ministry of Commerce for the record, and the local enterprises shall report to the provincial government for the record. In this way, most Chinese companies will not need to obtain prior approval from the Chinese government for their outbound investment projects, simplifying the process.
2. Approval by U.S. government agencies: foreign investment review, antitrust, etc. Depending on the nature and amount of the M&A project, some projects need to be reviewed by the U.S. Department of Justice or the Federal Trade Commission, sometimes including the U.S. Committee on Foreign Investment (CFIUS), and the relevant procedures are completed with no comments or objections. Foreign acquisitions of U.S. companies are also subject to U.S. antitrust and export control compliance review (Export Control). Foreign acquisitions are subject to U.S. antitrust and export control compliance. If the amount of the acquisition is very large, according to the Hart-Scott-Rodino Act, it is necessary to do the pre-merger notification (pre-merger notification) program, and the current amount of the requirement is more than 63 million U.S. dollars of mergers and acquisitions must be declared for review. When foreign capital acquisitions of U.S. companies, especially those involving sensitive high-tech projects, in general, information security, defense, telecommunications, energy, aerospace, transportation (ports, airports, shipping) and other areas corresponding to the higher sensitivity of national security, the need to further submit the relevant export control (Export Control) aspects of the application for review, CFIUS needs to be done mergers and acquisitions are “threaten to undermine U.S. national security” analysis and investigation, within 30 days of receiving the application to decide whether to withdraw or further investigation. All of these uncertainties need to be specified in the M&A contract to counteract some of the risks. While major asset acquisitions are subject to antitrust laws, ordinary asset sales are not. In the U.S., when a Chinese company wants to buy a U.S. company, their biggest concern is whether the merger will shift all the jobs to China. This is a very important question. If you can prove that through the M&A, not only will you not take away or shift existing jobs, but you will also invest in the existing company and help it expand, create more jobs, and boost local taxes and the economy, then they will treat the acquisition completely differently.
3. Practical experience. In practice, the investor hopes to achieve the immigration goal through the acquisition. USCIS does not require Chinese enterprises to acquire foreign capital must be approved by the Chinese government, the Immigration Bureau also did not personally go to China’s specific enforcement procedures, its focus is on the investor for the acquisition of U.S. businesses, the flow of funds path, as long as it can be proved that the acquisition of funds to the ins and outs can be. For Chinese investors, if through the EB5 direct acquisition of immigrants, you need to prove the legitimacy of the source of funds; if it is through the EB1C multinational executives immigrant applications, you need to prove that the funds out of the parent company in China, and ultimately into the U.S. target company, with a clear path of capital flow can be. Here, according to our experience, the Chinese parent company can be directly injected into the U.S. company, can also be injected into the name of the individual shareholders and other ways to flow, which does not need to be audited by the Chinese government, the program is simple.

In the fifth step, the project is delivered and the investor pays the price to complete the transaction.
Adjustment of the price after the period and claims: The price to be paid is generally adjusted according to the target company’s finances, based on the amount of net operating capital; and there are no significant negative changes in the target company from the day of the signing of the merger and acquisition contract to the time of delivery. After delivery, the target company shall also pay compensation to the Chinese investors if there is a claim event within a certain period of time for which the target company should be responsible as agreed in the transaction documents. It is a prerequisite for the delivery of the target company that the investor complies with the agreed responsibilities of both parties and that the representations and warranties of the investor are true. Transitional services. After the merger, the original executives of the target company will need to renegotiate their employment terms if they continue to work for the company; if the investor does not intend to continue to employ the same executives under the original shareholders, the target company can take 3-6 months to help the new shareholders take over the management of the company and provide transition services.

Step 6: Subsequent integration and operations, and closing of the merger and acquisition.
For enterprises, it is not enough just to realize the merger and acquisition of enterprises, but finally to integrate and fully mobilize the resources of the target enterprise, and to integrate the business of the target company, including sorting out and managing the personnel, business, finance, and the construction of upstream and downstream channels, so as to produce the expected benefits. Especially the integration after cross-border M&A will face more challenges.

M&A Transaction Considerations:

1. Focus on the target company’s representations and warranties. This section deals with representations and warranties made by the target company to the buyer on matters of material relevance to the company. However, if the target company’s representations and warranties are “incomplete” or disclosed in too general a manner, and buyer’s counsel, due to lack of experience, fails to request the target company to make representations and warranties on a material and relevant matter, the target company will generally not be liable if the problem ultimately arises from the failure to make representations and warranties.
2. Avoid business risks as much as possible: Due diligence must be thorough and exhaustive. Avoid unnecessary business risks, such as hidden debts or lawsuits of the target company. If there are claims in the future: Generally speaking, it is difficult to “return” an M&A transaction once it is settled. Define the main business and develop it steadily. Restrict the target company’s competitive business activities after the M&A transaction is finalized. Therefore, it is prudent to define the target company’s main business. If the definition is too narrow, it will be less restrictive to the original shareholders, who will be able to step down from the company and carry out similar business activities that may compete with the company’s business. Especially after the completion of the acquisition, the Chinese company should pay attention to dealing with labor and management as well as the relationship with the local government, and obtain their understanding and support; in the integration of the enterprise, make good use of the existing management and human resources, and try to avoid the “big blood change” and “big shake-up”. In the integration operation, the existing management and human resources should be utilized well, and “big blood change” and “big shock” should be avoided as much as possible.
3. In cases where green cards are sought through the acquisition of a business, attention is given to the name in which the investor is making the acquisition, the determination of affiliation between the United States company and the overseas company, and, most importantly, job creation!

Step 7, Immigration to the United States: Pathways for Corporate Executives and Employees

In the United States, there are multiple pathways for company executives and employees to obtain immigration status. These pathways involve different types of visas, including L1A, L1B, EB1-C, and H1B. These immigration pathways, as well as their requirements and application processes, are described below.

1. L1A visa: The L1A visa is available to senior managers or executives of multinational corporations to enable them to transfer to work in a U.S. branch or subsidiary of a U.S. company. Below are the main requirements for applying for an L1A visa:

• Within the last three years, served as a senior manager or executive in a foreign company and held the position for at least one year.
• Will hold a similar senior management or executive position in a U.S. branch or subsidiary of a U.S. company.
• The company must qualify as a multinational corporation and have a legal office or subsidiary in the United States.

2. L1B visa: L1B visas are available to employees with specialized knowledge or skills within a company that enable them to transfer to work in a U.S. branch or subsidiary of a U.S. company. Below are the main requirements for applying for an L1B visa:

• Holding a position with specific specialized knowledge or skills in a foreign company for at least one year within the last three years.
• Will be working in a U.S. branch or subsidiary of a U.S. company in a job related to specialized knowledge or skills.

3. EB1-C immigration:

EB1-C immigration is available to senior managers or executives of multinational corporations to enable them to obtain permanent resident status in the United States. Below are the main requirements for applying for EB1-C immigration:

• Within the last three years, served as a senior manager or executive in a foreign company and held the position for at least one year.
• Will hold a similar senior management or executive position in a U.S. branch or subsidiary of a U.S. company.
• The company must qualify as a multinational corporation and have a legal office or subsidiary in the United States.

4. H1B visas:

H1B visas are available to foreign employees with specialized skills or expertise in a particular professional field, enabling them to work for a U.S. company. Below are the main requirements for applying for an H1B visa:

• Must have a bachelor’s degree or higher in a specific area of specialization and a job position that requires specialized skills or expertise in that area.
• The company is required to file a petition with the U.S. Department of Labor and certify that the position requires specialized skills or expertise that cannot be filled by a suitable employee within the United States.

5. Other migration routes:

In addition to the visa types listed above, there are a number of other immigration pathways that allow company executives and employees to obtain U.S. immigration status, such as EB-5 immigrant investor, EB-2 or EB-3 immigrant professional, and family immigration. The requirements and application process for these pathways may vary, so they need to be evaluated and applied for on a case-by-case basis.

Conclusion:

Through the above immigration pathways, company executives and employees may have the opportunity to obtain immigration status to the United States through a small business acquisition. However, each immigration route has its own specific requirements and application process, and applicants need to choose the most appropriate route based on their own circumstances and prepare sufficient application materials to ensure a smooth immigration process. It is also recommended that applicants seek the assistance and guidance of a professional immigration attorney during the application process to ensure that the application process goes smoothly and that they are ultimately successful in obtaining their immigration status.

U.S. Citizenship and Immigration Services (USCIS) has recently released a set of Frequently Asked Questions (FAQs) concerning H-1B Organizational Accounts for the upcoming FY25 process. Here, we present key highlights from USCIS for your reference:

General Information

Q: What are the benefits of online H-1B organizational accounts?

A: Online H-1B organizational accounts offer numerous advantages. Multiple individuals from any entity, whether a company or other group, along with their legal representatives, can collaborate on H-1B registrations, Form I-129 (Petition for Nonimmigrant Worker), and related Form I-907 (Request for Premium Processing Service). Additionally, these accounts provide case management features, including an improved design and a more efficient process.

Q: When will organizational accounts be available?

A: Online filing of Form I-129 and related Form I-907 for non-cap H-1B petitions will be available on February 28, 2024. On April 1, 2024, FY25 H-1B petitions and related Form I-907 will be accessible for those selected for registration.

Q: How can I prepare for organizational accounts?

A: Preparation involves determining the Administrator for the company or organization, who oversees the group for the company and its legal representatives. This individual should possess the authority to complete registrations and petitions, including signing, paying for, and submitting all related documents. It’s crucial to coordinate responses to USCIS Request for Evidence (RFE) and Notice of Intent to Deny (NOID) in advance.

Q: How do I create an organizational account if I already have an existing applicant account? Do I need a new email?

A: Existing H-1B registrant account holders do not need to create a new account. Organizational account features will be available in existing accounts upon activation. However, if the existing account is an applicant account, a new online account with new login credentials must be created to access the H-1B electronic registration process.

Q: What if the wrong account type is selected during account creation? Can it be corrected later?

A: Unfortunately, users cannot switch to a different account type after creation. It’s essential to select Organizational or Legal Representative as appropriate during account creation. If the wrong type is selected, a new USCIS online account must be created.

Q: How do I access technical support?

A: Technical support is available via email at H1Btechsupport@uscis.dhs.gov. Users must provide specific information about the issue faced for prompt assistance.

Q: What are the new roles and permissions for Organizational Accounts?

A: USCIS provides a detailed table outlining the roles and permissions for Organizational Accounts.

Q: Can electronic registrations be submitted as before?

A: Depending on the setup of the Company Group, registrations can be submitted similarly to the past process. The Administrator of the Company Group initiates the process by logging into the existing H-1B registrant account.

Q: Are there changes to the FY25 H-1B electronic registration form?

A: The form remains similar, with the requirement to include valid passport information or a valid travel document for each beneficiary.

Q: Can I submit online applications for H-4 dependents concurrently with the online Form I-129?

A: No, concurrent filing for H-4 dependents must be done via paper filing.

Q: Can I submit premium processing for Form I-129 online?

A: Yes, both Form I-907 and Form I-129 can be filed online.

Q: Can I still file via paper?

A: Yes, paper filing remains an option for Form I-129 and Form I-907.

Q: How do processing times compare between paper-filed and online-filed?

A: Processing times are the same, but online filing offers time-saving features and faster receipt notices.

Q: Can paper-filed Form I-129 or associated Form I-907 be linked to the USCIS account after submission?

A: No, paper-filed submissions cannot be linked to an online account.

Company FAQs

Q: If I’m asked to be the Administrator for my Company Account, what do I need to do?

A: The Administrator initiates the Company Group creation process within their existing H-1B registrant account.

Q: If I’m not asked to be an Administrator but have an existing account, what do I do?

A: Wait for an invitation to join the Company Group from the Administrator.

Q: How do I build the members of the Company Group?

A: The Administrator invites others to the group, designating them as Administrators or Members.

Q: How do we invite legal representatives to the Company Group?

A: Administrators can invite legal representatives via the ‘My Representatives’ tab on the home page.

Q: What can an Administrator do in the H-1B organizational accounts setting?

A: Administrators have various permissions related to H-1B registrations, responses to RFEs and NOIDs, and managing the Company Group members.

Q: Can I add a Legal Representative after the case is submitted?

A: Yes, a legal representative can be added after the case is submitted.

Q: What should be done if an Administrator leaves the role?

A: USCIS recommends having at least two Administrators. If one leaves, a new Administrator should be chosen before their departure.

Q: Can a large company create multiple Company Groups for each sub-entity?

A: Yes, with each sub-entity requiring a different EIN.

Q: Do Company Groups need to be EIN-specific?

A: No, they do not need to be EIN specific, but the Administrator must have authority over all included entities.

Q: Can the beneficiary be included in the Company Group?

A: While beneficiaries can be added, there is no specific beneficiary role within the Company Group.

Legal Representatives FAQs

Q: Can paralegals be on more than one legal team?

A: For now, each paralegal’s account can only be associated with one Legal Team.

Q: Can law firms use their existing case management software using the myUSCIS online platform?

A: No, the application programming interface is not yet available for this purpose.

Q: How should the Legal Team be set up for multiple attorneys submitting cases for the same employer?

A: Each Legal Team operates independently, and each attorney constitutes a separate Legal Team.

Q: Can the Legal Team prepare and submit H-1B petitions without an online account?

A: No, the Legal Team is required to use the online account.

Q: How does a company change their Legal Team after forms are submitted?

A: The Administrator must withdraw the G-28 from all cases associated with the previous Representative.

Q: Will the Representative have visibility to H-1B registrations started by the company?

A: No, representatives do not have visibility to registrations initiated by the Company Group.

Q: Will invited Legal Teams have access to electronic registration selection notices?

A: Only the legal team member that prepared and submitted the registration will see the selection notice.

As always, Wang Law LLC‘s attorneys are committed to guiding our clients through the complexities of immigration law. For assistance with the FY25 H-1B process or any immigration-related matter, please don’t hesitate to contact us. Our experienced attorneys are here to provide tailored advice and support throughout the process.

• What is PERM?
• How does PERM work?
• What about serious retrogression of the EB-3 and EB-2 visa categories?

What is PERM?
PERM is the U.S. Department of Labor’s (DOL’s) program for permanent labor certification. These are some of the key points of PERM:

The U.S. employer must pay at least 100% of the “prevailing wage,” which is divided into four wage levels.
PERM labor certifications are filed electronically (or by mail) directly with the DOL.
DOL has a goal of making decisions on the electronically filed PERM applications at 45–60 days.

How does PERM work?
Under PERM, employers will obtain a Prevailing Wage Determination (PWD) from the applicable State Workforce Agency (SWA) and conduct recruitment for the open position. If no able, qualified, and willing U.S. workers, apply for the position, the employer will complete and submit (online or by mail) a detailed form about the job duties, minimum requirements, wages, recruitment efforts, recruitment results, and so on to one of two DOL PERM processing centers. The DOL processing centers will conduct a quick anti-fraud check (to make sure the employer exists and has employees) and if the application is not selected for audit based on unpublished factors or based on random quality control factors, the DOL will certify the application.

Procedurally, the application is essentially approved “automatically” as long as the application does not trigger the DOL computer to send out an audit request based on unpublished factors and is not randomly selected for a quality control audit. That is, “good” cases under PERM will normally be approved by default.

What about serious retrogression of the EB-3 and EB-2 visa categories?

If you are from China, India, or the Philippines, the existing EB-3 retrogression could cause serious delays in your path to a green card. In addition, even the EB-2 category is expected to retrogress for at least China and India. If you are from one of these countries, you should also be aware that there are first-preference and second-preference categories that do not require a labor certification, such as Aliens of Extraordinary Ability (EB-1A), Outstanding Professors or Researchers (EB-1B), Multinational Executives or Managers (EB-1C), and National Interest Waiver (NIW). A petition successfully filed under one of these categories might allow you and your family to get your green cards potentially several years faster than waiting in the EB-3 line (and perhaps even a considerable period of time before other EB-2 cases). Not everyone qualifies for these other categories, though, so a careful review of your case is important. You can find more information about our free reviews for these types of cases on our Free Evaluations page.

The H-1B Visa is an opportunity for foreign nationals in specialized job fields to be sponsored by American companies and work in the US for up to six years. If you meet these initial requirements, read on to find out the requirements of the H-1B visa and your obligations as an H-1B worker. Consider hiring a work visa attorney to help you do so.

Attorney Fees for H-1B Visa
What’s included with the total H1B visa attorney fee you pay is dependent on your immigration lawyer and what you need assistance with, such as:

• Registration
• Filing all forms and support letters
• A Request for Evidence response

The typical fees you can expect to pay are below. All fees (except the premium processing fee) are paid by the employer.

• Attorney Fees for H-1B Visa Amount ($)
• Registration Fee $10
• Premium Processing Fee $2,500
• Public Law 114-113 Fee $4,000, if more than employees of this employer are H1B or/and L1 visa holders.
• Basic Filing Fee $460
• USCIS Anti-Fraud Fee $500
• ACWIA Education and Training Fee $750 to $1,500, depends on the numbers of the employees in this employers name.
• Attorney Fee $500 to $2,500+

Here’s more information about what you can expect to pay.

New H-1B Visa
An average H1B visa lawyer fee is $2,500. This fee may change depending on your specific legal needs.

H-1B Visa Renewal or Extension
A typical H1B immigration lawyer fee to renew or extend your H-1B application is $460. This covers the cost to file I-129. The H1B extension processing time is 15 days.

H-1B Visa Transfer
A H-1B visa transfer fee is between $1,710 to $6,460. This H1B transfer fee depends on whether your employer is required to pay the ACWIA Education and Training Fee, which is $750 for less than 25 employees and $1,500 for more than 25 employees.

Second Concurrent H-1B Visa
There’s an option for employees to work for two separate employers if the second employer files a petition for a concurrent H1B visa.
The same requirements and fees apply to a second petition. It remains your employer’s duty to demonstrate that you meet the knowledge and educational requirements of that position.

Step By Step H-1B Visa Process
To be eligible for the H-1B Visa, an employer must be willing to sponsor foreign nationals, providing a job offer that requires specialized skills. The H-1B is completed and paid for by the employer. The two most important components of this work visa are:

• H-1B Sponsorship by a US Employer
• H-1B petition to the United States Citizenship and Immigration Services (USCIS)

Here are the steps you need to complete for the H-1B visa process.

Step 1: Form G-28
The employer’s H1B lawyer must file Form G-28. This form allows a work visa attorney to represent a client in an immigration case before the United States Department of Homeland Security.

It’s important that all sections of this form are completed, including the printed name of the attorney and the employer’s signature.

Step 2: Form ETA-9035 (Labor Condition Application)
The employer will need to next submit Form ETA-9035 (Labour Condition Application) through the Department of State’s iCert Portal System.

This form concedes that the employer will pay the foreign national the same wage as other qualified employees at the company. It also requires that the employer provide safe and equitable working conditions.

Step 3: Employer must receive approval of the Labor Condition Application
Prior to filing Form I-129, the employer must seek approval of Form ETA-9035 from the Department of Labor.

Step 4: Employer must file a Form I-129 (Petition for a Nonimmigrant Worker)
Once Form ETA-9035 has been approved by the Department of Labor, the employer will be required to submit the following documents and fees to the USCIS.

• Form I-129 (Petition for a Nonimmigrant Worker)
• Filing fee
• Proof of education
• Proof of qualifications and training
• Any other required documentation
• When submitting documentation to the USCIS, make sure that Form I-129 is filed correctly. Pay extra attention to the following pages.
• Pages 11 to 12: Complete the H Classification supplement.
• Pages 17 to 19: Ensure that sections H-1B Data Collection and Filing Fee Supplement are complete.

Step 5: H-1B Premium Processing (form I-907)
Form I-907 (Request for Premium Processing Service) is the only fee paid for by the employee. This form will help process Form I-129 (Petition for a Nonimmigrant Work) and Form I-140 (Immigrant Petition for Alien Workers) faster.

Note: form I-907 can only be used once the employer or petitioner passes an inspection.

H-1B Visa Requirements
Before an employer considers hiring an H-1B worker, they should ensure that the future potential employee meets the following criteria.

1. Job RequirementsThe H-1B worker must:

• Be applying for a specialized job
• Meet the job requirements
• Be fully licensed in their field (if applicable). This includes having the appropriate training and certifications
• Education Requirements
• The H-1B worker must have a Bachelor’s degree or higher.

2. Department of Labor and USCIS Requirements

The Department of Labor and USCIS require that workers are in specialty occupations (science, business, education, medicine, biotechnology, etc.) or a fashion model of distinguished merit. As such, applicants should have a Bachelor’s degree or higher.

3. U.S. Employer Requirements
To apply for an H-1B worker, employers must be able to hire for a specialized job, pay the foreign national a fair wage (comparable to other positions at the level they are hiring for), and produce equitable working conditions in accordance with the laws of their state and local geography. The employer must be able to provide the following information:

• Form I-129 (Petition for a Nonimmigrant Worker)
• Applicant’s resume
• Employment Contract
• Proof of education
• Relevant training certificates
• Professional membership documents
• All required filing documents
• A letter of support
• Form ETA-9035, Labor Condition Attestation (LCA)
• Form I-129 (Petition for Nonimmigrant Worker, with H-Supplement)
• I-129 Data Collection Supplement
• I-907 Premium Processing (if applicable)
• Signed Petitioner Letter of Support on Company Letterhead
• Speciality job description
• Fair and equitable wage information
• Certified Labor Condition Application;
• A copy of the worker’s passport
• I-94 Arrival/Departure record (if worker is in the United States lawfully)
• Worker’s degree, transcripts, with translations and educational evaluation if the degree is foreign
• Any additional requirements for the job (e.g. driver’s license)
• Supporting financial documents
• Company organizational and financial documents

H-1B Filing Important Dates

In order to apply for the 2024 round of visas, employers must submit an H-1B electronic registration between March 1 and March 18, 2023.

• Work placements are able to begin as early as October 1, 2023.
• Each year’s dates may vary slightly—however, registration typically occurs in March.

Here’s how you can check your H1B visa status.

How long does it take to process an H-1B Visa?

1. The H-1B Visa process typically takes between one to six months. However, timelines may vary based on the processing center, the applicant’s country of origin, and possibly other factors.
2. An H1B immigration attorney may help speed up the processing time by helping submit a correct application for review.

H-1B Visa Cap
The United States allows 65,000 H-1B visas to be administered annually, in addition to 20,000 for H-1B advanced degree exemption. Due to the limited number of visas, this system is often referred to as a lottery.

Who Qualifies as Cap Exempt?
There are two exceptions to this cap, which include:

• H-1B1 program: employers can temporarily hire workers from Chile or Singapore for specialty occupations.
• E-3 program: employers can temporarily hire workers from Australia for specialty occupations.
• If the applicant is married or has children, they are exempt from the cap and can apply under the H-4 Visa.

Questions asked in H1B visa interview
The following is a list of questions you can expect to answer during an H-1B Visa interview. Consult an immigration lawyer for H1B assistance in interview preparation.

Are you married? If yes, for how long?
Do you have family in the United States?
Are you planning to return to [country of origin]? If so, when? Why?
Did you apply for an immigrant visa for any other country?
Why do you wish to visit the United States?
Have you been to the United States before?
What will your job be?
What are your qualifications for this job?
What did you study to be able to do this job?
Have you studied or worked in the United States?
Have you ever traveled outside the country before?
Why do you want to work in the United States?
In addition, the officer will ask you if you intend on staying in the United States, as some individuals try to use the H1B to green card process as their access point. Speak to a work visa attorney before pursuing this route.

If you need help filing the H-1B Form, wang law llc can help.

At a Glance: I-512, also known as Advance Parole, is a travel document required by non-immigrants in the US, such as TPS beneficiaries, status applicants, refugees, and asylum applicants, to re-enter the country without affecting their status. It functions similarly to a visa and is valid for one year, allowing multiple entries. Form I-512 is filed through Form I-131, and supporting documents and fees are required. It’s essential to have an approved I-512 before traveling outside the US to avoid complications. The processing time is typically 120 days, and fees vary depending on the application type.
Advance parole—also known as form I-512—is designated for adjustment applicants. That is to say, it is a form of temporary travel authorization. But what is it that you should know about it? This guide includes essential information on the topic.

What Is I-512?
Non-immigrants in the US, including TPS beneficiaries, status applicants, refugees, and asylum applicants have to obtain Advance Parole or form I-512 in order to re-enter the US without affecting their status. For the most part, form I-512 works similarly to a visa when it comes to entering the US.

In comparison with a Reentry Permit, an Advance Parole Document accounts for a standard, letter-size piece of paper. In most cases, form I-512 is valid for one year, and it can be used for multiple entries. At the same time, it’s worth noting that you should have several copies of the documents – one for the applicant, one for the USCIS, and one for the airline. When you travel back to the US, the document will be stamped.

With that in mind, an airline might accept advance parole in exchange for a visa. That is to say, it substitutes the authorization of traveling to the US. However, this form cannot be issued to replace your passport. Also, you cannot use it as a substitute for the normal visa-issuing process. It is basically a document, a piece of paper that gives you the authorization to enter the US.

Who Needs to File Form I-512?
Moving on to the people that need advance parole, there are several cases in which this is mandatory. The following people need to file Form I-512:

• If you have filed an application for adjustment of status and it’s pending.
• If you have been allowed to enter the US as a refugee and you received asylum.
• If you received benefits under the Family Unity Program.
• If you received Temporary Protected Status (TPS).
• If your application for asylum is pending.
• If you have a personal reason to travel abroad.

On the other hand, there are non-immigrants in the US that aren’t eligible to get advance parole. That is to say, if you’re in the US without valid immigration status, then you might not be eligible. At the same time, if you are currently involved in removal proceedings, you cannot file form I-512.

Required Documents for I-512
In order to get advance parole, you’ll have to file form I-131 – this is basically an application for a travel document. In addition to that, you should provide supporting documentation and passport photos. You’ll also have to pay an application fee before having the interview at a local USCIS office or the service center in your proximity.

Your application for form I-131 should be approved prior to traveling outside the US. As a matter of fact, if you travel outside the US without the form I-512, your application might be denied or abandoned. This is why you should avoid doing this.

Note that if you’re applying for advance parole and, at the same time, you’re applying for an employment authorization document (EAD), USCIS facilitates a type of combo card, so to speak. That would be a sort of alternative to the EAD card, which also serves as I-512 Advance Parole. This eliminates the need to carry a separate Advance Parole document and an EAD, as the new card is durable and safer than the existing Advance Parole document. In order to get the EAD and Advance Parole Card, you have to file forms I-765 and I-131.

How to Fill out Form I-512
It’s worth noting that you should double-check all the information you include in the form I-512 prior to sending it. Even the tiniest, insignificant mistakes on your travel document could lead to costly delays and rejections, which is why you should double-check everything.

The good thing is that for the most part, filling out form I-131 is quite self-explanatory and straightforward. The best way to fill out the form, though, is on your computer. However, if you want to write the form, you should use black ink. If a question doesn’t apply in your case, then you should type N/A in the box, as opposed to leaving the space blank.

Part 1 – This part consists of private background information, including your address, class of admission, your status when you first entered the US, and so on and so forth.
Part 2 – This focuses on the type of application; you should check box 1d.
Part 3 – This entails processing information, such as the date of departure, and the duration of your trip. Even if you don’t have a trip planned, you shouldn’t worry about it, as the USCIS doesn’t need to know precisely in advance. You might write something such as TBD, which stands for to be determined. Also, you should leave parts 4, 5, and 6 blank.
Part 7 – You should complete this section if you’re applying for advance parole. At this point, you have to include the documents that showcase your eligibility to get the document.
Part 8 – The signature of the applicant. You should sign and correctly date your application. Make sure you also include a phone number so that you could be reached if anything. Note that the form is rejected if it doesn’t have a signature.
Part 9 – This section includes information about the person who assisted the applicant in filling out the form if this applies to your case.

Where to File I-512
Here you can find a useful chart, indicating where you have to file the form to get the advance parole document.

How Much Does I-512 Cost?
The cost of advance parole varies. For instance, when applying for a re-entry permit or an advance parole document, the fee for filling out form I-131 is $575. For those applying for a refugee travel document, the form fee is $105. When applying for a re-entry permit, for applicants between the ages of 14 to 79, there is also a biometric fee of $85 that applies. The same goes for refugee applicants between 14 and 79 years old.

When you file a payment, this means that you agree to pay for this service provided by the government. Note that the fees aren’t refundable, irrespective of the results of the application. You can find out more information regarding the costs that apply in your case here.

I-512 Processing Time
For the most part, the processing time for form I-512 is of 120 days. But it can be more than this in some cases. This might be problematic in case you want to travel due to an urgent scenario. On top of that, the USCIS doesn’t usually provide expedited requests when it comes to advance parole documents.

Conclusion
All in all, we hope that this article was insightful in the sense that it offered answers to some of the questions you had regarding form I-512. Generally, this document isn’t required for traveling to different parts of the US, but you should still check with your transportation carrier beforehand to ensure that.

List of EAD Category Codes with 180 Days Automatic Eligibility Info

USCIS EAD Category Code	EAD Category Eligibility Description	180 Days Automatic Extension Eligibility
A02	A lawful temporary resident pursuant to sections 245A or 210 of the INA	No
A03	Refugee	Yes
A04	Paroled as refugee	No
A05	Asylee (granted asylum)	Yes
A06	K1 non-immigrant fiancé(e) of US CitizenK2 child of K1	No
A07	N-8 Parent of international organization employee granted permanent residenceN-9 Dependent Child of international organization employee granted permanent residence	Yes
A08	Citizen of Micronesia, the Marshall Islands or Palau admitted as a nonimmigrant	Yes
A09	K-3 nonimmigrant spouse of USCK-4 child of K-3	No
A10	Granted Withholding of Deportation or Removal	Yes
A11	Deferred Enforced Departure (DED)
A12	Temporary Protected Status (TPS) granted under 8 CFR 244.12	Yes
A13	IMMACT Family Unity beneficiary(Section 301 of the Immigration Act of 1990)	No
A14	LIFE Act Family Unity beneficiary(Section 1504 of the Legal Immigrant Family Equity (LIFE) Act Amendments)	No
A15	V-1 Spouse of Lawful Permanent ResidentV-2 Minor unmarried child of Lawful Permanent ResidentV-3 Minor unmarried child of V-1 or V-2	No
A16	T-1 nonimmigrant (victims of severe forms of trafficking)	No
A17	Spouse of E-1/E-2 Treaty Trader/InvestorSpouse of E-3 specialty occupation professional from Australia	Yes*(*timely filing before I-94 expiry )
A18	L2 spouse of an L1 visa intracompany transfer	Yes*(*timely filing before I-94 expiry )
A19	U1 nonimmigrant (victims of certain criminal activity)	No
A20	U-2 spouse of U-1 aliensU-3 children of U-1 aliensU-4 parents of minor U-1 aliens (16 or under)U-5 unmarried sibling under age 18 of U-1 alien under age 21	No
C01	Dependent of A-1 or A-2 foreign government official	No
C02	Dependent of TECRO (Taipei Economic and Cultural Representative Office) E-1 Non-immigrant	No
C03A	Pre-completion OPT F1 visa students	No
C03B	Post-completion OPT F1 visa students	No
C03C	24-month extension for Science, Technology, Engineering, or Mathematics (STEM) OPT students	No
C03(ii)	F-1 student offered off-campus employment under the Sponsorship of Qualifying International Organization	No
C03(iii)	F-1 student seeking off-campus employment due to severe economic hardship	No
C04	Spouse or unmarried dependent child of G-1, G-3 or G-4 nonimmigrant (Representative of International Organization and their dependents)	No
C05	J-2 spouse or minor child of a J-1 exchange visitor	No
C06	M-1 student seeking practical training after completing studies	No
C07	Dependent of NATO-1 through NATO-7 nonimmigrant	No
C08	Asylum applicant (w/ pending asylum application) who filed for asylum on or after January 4, 1995	Yes
C09	Adjustment of status applicant	Yes
C10	Suspension of deportation applicants (filed before April 1, 1997)Cancellation of Removal applicantsCancellation applicants under NACARA	Yes
C11	An alien paroled into the United States in the public interest or temporarily for emergency reasons	No
C12	Spouse of an E-2 Commonwealth of the Northern Mariana Islands (CNMI) investor; eligible for employment in the CNMI only	No
C14	Alien granted deferred action	No
C16	Registry applicant based on continuous residence since January 1, 1972	Yes
C17(i)	B1 nonimmigrant who is the personal or domestic servant of a nonimmigrant employer	No
C17(ii)	B1 nonimmigrant domestic servant of a U.S. citizen	No
C17(iii)	B1 nonimmigrant employed by foreign airline	No
C18	Alien with a final order of deportation/order of supervision;	No
C19	Temporary Protected Status applicant under 8 CFR 244.5	Yes
C20	Alien who has filed a completed legalization application for special agricultural workers	Yes
C21	S visa non-immigrant	No
C22	Alien who has filed a completed legalization application under INA 245A	Yes
C23	Irish peace process (Q-2)
C24	LIFE legalization applicant	Yes
C25	T-2 spouse of T-1, victim of traffickingT-3 child of T-1T-4 parent of T-1 (if T-1 is under age 21)	No
C26	Certain H4 Visa spouses of H1B holders, qualify for it.	Yes*(*timely filing before I-94 expiry )
C27	Abused spouse of an A nonimmigrant	No
C28	Abused spouse of an E-3 nonimmigrant	No
C29	Abused spouse of a G nonimmigrant	No
C30	Abused spouse of an H nonimmigrant	No
C31	The principal beneficiary of an approved VAWA self-petitionQualified child of a beneficiary of an approved VAWA self-petition	Yes
C33	An alien who has been granted Deferred Action for Childhood Arrivals (DACA)	No
C35	The principal beneficiary of an approved employment-based immigrant petition facing compelling circumstances	No
C36	Spouse or unmarried child of a principal beneficiary of an approved employment-based immigrant petition facing compelling circumstances	No

Are the EAD Category codes entered in the I-765 form the same as the ones on EAD Card?

Yes, they both are the same. The main difference is that, when you enter the EAD Category Code, you would enter it with parenthesis, and when that is printed on the EAD Card, it will be turned into upper case and parenthesis are removed.

Notice of Refusal of Admission/Parole

Introduction

U.S. Customs and Border Protection (CBP) issues a Notice of Refusal of Admission/Parole when a traveler is denied entry into the United States at a port of entry. This formal document serves to inform individuals that they do not meet the eligibility requirements for admission, or they have violated U.S. immigration laws or regulations. In this article, we will explore the implications of receiving such a notice and provide guidance on how to navigate this situation.

Understanding the Notice

Upon receiving a Notice of Refusal of Admission/Parole, it is crucial to carefully review the document to understand the specific reason for the denial and any instructions provided. This notice typically includes details about the grounds for refusal and may cite relevant sections of U.S. immigration law.

Effects of the Notice

The immediate effect of receiving this notice is that the individual is denied entry into the United States at that time. The reasons for denial can vary and may include issues related to visa or travel document validity, previous immigration violations, criminal history, health concerns, or other factors that render the individual inadmissible under U.S. immigration law.

Steps to Take

1. Consult with an Immigration Attorney: It is highly advisable for individuals who receive a Notice of Refusal to seek legal counsel from an immigration attorney experienced in U.S. immigration law. An attorney can provide guidance, assess the situation, and determine the best course of action.
2. Appeal or Reapply: Depending on the reason for denial, there may be options to appeal the decision or take corrective action to address the issue. An attorney can advise on whether an appeal is possible or whether it would be more appropriate to reapply for admission in the future.
3. Address the Underlying Issue: If the denial is due to a specific issue (e.g., a criminal record, visa problems, etc.), individuals should work on resolving that issue before attempting to enter the U.S. again.
4. Maintain Documentation: Keeping copies of all relevant documents, including the Notice of Refusal, any correspondence with CBP, and any documents related to the underlying issue, is essential, as these may be needed for legal purposes.
5. Follow Legal Procedures: Individuals should follow any legal procedures, timelines, or requirements outlined in the notice and as advised by their attorney.

Visa Validity

If an individual’s visa was not cancelled and remains valid, they may still use that visa for future attempts to enter the United States. However, it’s crucial to understand that having a valid visa does not guarantee entry; CBP officers at the port of entry have discretion in admitting travelers.

Conclusion

Receiving a Notice of Refusal of Admission/Parole can be a complex and stressful situation. However, with the assistance of an experienced immigration attorney and a proactive approach to addressing any underlying issues, individuals can better understand their options and work toward resolving the issue to potentially gain admission to the United States in the future, if eligible. It is essential to be prepared for further questioning and to be honest during the inspection process when attempting reentry to the U.S.

For personalized guidance and legal support in such situations, individuals should consult with an immigration attorney who can provide tailored advice and representation.

Notice Of Intent To Deny (NOID)

Receiving a Notice of Intent to Deny (NOID) can be daunting in some cases, as it means USCIS could deny an immigration application.

To avoid receiving a NOID, immigrants must prepare very well before filing an application with USCIS. For this reason, it is strongly recommended that you contact our  immigration lawyers first . 

With the help of our lawyer, you can maximize the chances of avoiding a possible delay or rejection of the petitions.

What Is A USCIS Notice Of Intent To Deny (NOID)

A Notice of Intent to Deny (NOID) is a USCIS response indicating that the application submitted lacked sufficient evidence. Likewise, the NOID can also mean that USCIS does not believe that the application will be accepted.

• Generally, this notification is issued by USCIS when the officer in charge determines that the applicant was unable to demonstrate their eligibility for the immigration benefit they requested.
• In the notice, USCIS lists the reasons why the case is intended to be denied and what options the applicant may have to respond to this decision.
• This notification implies that the applicant did not provide the indicated evidence. Furthermore, USCIS believes that immigration relief should not be approved for some reason either.
• Likewise, this notice is presented due to lack of evidence to support the request. The latter may be because the applicant has a criminal conviction or has committed violations of the immigration laws of the United States.

What Does A Notice Of Intent To Deny Mean?

Intent to deny refers to the idea that USCIS will probably deny an immigration application. This can occur even if the petitioner submits any missing evidence.

It should be noted that a NOID is not an official deny, as it can be combated. Generally, this notice is issued when an immigration officer does not have enough evidence to approve the petition, but also does not have enough evidence to reject it.

What Is The Difference Between RFE And NOID?

A NOID is not the same as a Request for Evidence (RFE). This is because the NOID indicates that USCIS plans to deny the application, while the RFE indicates that USCIS requires additional information to complete the application approval.

On the other hand, a notice of intent to deny gives the applicant the opportunity to respond to the reasons for denial, while an RFE allows the petitioner to provide additional evidence.

Also, the response time for a Notice of Intent to Deny is typically much shorter than the response time for an RFE. For example, the response time of the NOID can be as little as 30 days, while that of the RFE can be up to 89 days.

Significant Implications

Although there are differences between a NOID and an RFE, failure to respond to either of these notifications would bring significant complications to the immigrant’s legal status. 

For example, the petitioner could lose their legal status in the US and their ability to receive future immigration benefits. This means that if the immigrant wanted to get the Green Card, failure to respond to the notice could lead to the denial of the Green Card.

Is RFE Better Than NOID?

The request for evidence tells the immigrant that USCIS cannot evaluate the application in its current form, while the NOID is more serious and tells the immigrant that USCIS may deny their application.

While both notices are very important, it is better to receive an RFE than a NOID. This is because the RFE only means that USCIS requires more information and not that it intends to deny the application.

Reasons For Issuing A Notice Of Intent To Denial (NOID)

Some of the reasons why USCIS could issue a NOID is due to the following circumstances:

• The divorce certificate is unclear.
• All the documents were determined to be suspicious or false.
• There is not enough evidence about the genuineness of a marriage to proceed with adjustment of status in the United States.
• There is insufficient evidence from a joint sponsor for adjustment of status.
• There are suspicions that the marriage was used to evade US immigration laws.
• Adjustment of status is planned to be denied because the applicant is inadmissible under section 212(a)(6)(C)(i) of the INA.
• There is insufficient evidence that the petitioner and the beneficiary cohabited.

A very common case in which a NOID is issued is when Form I-751, Petition to Cancel Conditions on Residence, is denied for lack of evidence.

How To Respond To A Notification Of Intent To Deny (NOID)?

To respond to a NOID, a quick response is required, as the time frame is only 30 days. The following tips may help petitioners stay organized as they respond to this notice:

• Please read carefully: It is crucial to ensure that you review the NOID several times and that you understand everything that USCIS is asking for. As a result, it is important to think about how you will respond to this request in advance.
• Calm down: Many immigrants panic when they receive a NOID. However, it is important to remain calm, especially if the denial notice was received early.
• Review the notice: On some occasions, it is possible that there is an error in the initial request. Therefore, it is ideal to look for any type of failure and think about how to present sufficient evidence regarding it.
• Gather Documents: Depending on what is missing from the application, you may need to attach documents such as: canceled checks, selective service records, tax transcripts and others.
• Always respond: It is extremely important to respond before the deadline, since failure to do so could result in the application being denied.

Note that even if a response is sent to a NOID, it may still be denied. If denied, the petitioner can file an appeal with USCIS or wait for the record to be cleared and file a new application.

What Should I Do If I Received A Notice Of Intent To Deny (NOID)?

The NOID requires swift action to be taken in response, so it is crucial not to panic. Therefore, immigrants should ensure that they are proving their eligibility based on the relevant requirements. 

Some tips that we give to carry out this process are:

Meet The Stipulated Deadline

It is important to respond to this notice within the applicable period of days. Therefore, when the notice is received, be sure to write down the expiration date, since these dates are not negotiable.

If the NOID is not answered with convincing evidence before the deadline, the immigrants will receive a notice of action denying the petition.

Address All Issues

The NOID will provide all of USCIS’s reasons for denying the petition. Therefore, partial answers will not be enough to influence a favorable decision. Likewise, it is not worth leaving anything to chance or making assumptions about the application. 

Our advice is to comprehensively collect and submit all required evidence regarding each reason indicated by USCIS.

Collect The Documents

Immigrants should submit as many documents as necessary, based on their circumstances and application issues. Also, documents may be needed in connection with possible previous marriages.

It is essential that all documents collected are relevant, as there are no restrictions on the volume or type of document to submit. 

Update Of Relevant Documentation

In addition to providing documents and new evidence, immigrants may need to carefully review documents that have already been submitted to USCIS. 

For example, if you are applying for an E-2 visa, the business plan may require certain revisions in different areas. These could be forecast and budget. 

In these particular cases, it must be ensured that the changes and updates are included in a schedule or are mentioned in the cover letter more clearly.

Take Professional Advice

Due to what is at stake, it is essential to seek professional advice on this issue. Therefore, our attorney  is willing to help all immigrants who need professional advice on immigration issues.

Thanks to the help of our lawyer, we will be able to advise on the documents that you must compile to build a solid response before USCIS.

Wait For The Decision

After USCIS has received the immigrant’s response regarding the NOID, processing will resume. To do this, the additional evidence will be used, the decision will be made, and you will be informed of the final result once it has been decided.

It should be noted that the NOID can take months or years to process. Therefore, this is likely to negatively affect plans to travel or stay in the US.

Time is crucial in immigration applications. In fact, if you filed an application for political asylum in the United States, then you should know what the asylum clock is and how it might affect you.

Can USCIS Deny Without NOID?

Pursuant to volume 1, chapter 6 of the policy manual, USCIS has the discretion, in some cases, to deny an application without first issuing a NOID or RFE.

• As a general rule, a USCIS officer issues a NOID or an RFE when the law and facts warrant it. Similarly, officers should not avoid issuing one of these notices when necessary.
• Likewise, the officers must not issue one of these notices if it is determined that the evidence already submitted establishes the eligibility or ineligibility of the petition. 
• Submitting an unnecessary notice can potentially cause significant delays in the completion of the case. Additionally, it may incur additional costs to both the US government and the applicant.

Generally, USCIS will issue written notices to request missing evidence. However, you also have the ability at your discretion to deny requests without prior notice.

What Happens If A NOID Is Denied?Upon receiving the denial notice from USCIS, immigrants have the opportunity to file a motion to reopen or reconsider. Likewise, they can appeal the decision through Form I-290B, notice of appeal or motion.

The deadline for filing this form is 33 days from the date of the USCIS decision. In addition, there is a fee that must be paid to make this presentation, which is $675.

Now that you know the filing fee to appeal a NOID decision, you may be wondering how much does and immigration lawyer costs. Find out the answer in our corresponding post.

Can You Get Approval After The NOID?

Once USCIS receives the immigrant’s response, it will review the information provided and approve the case if sufficient evidence is presented. You must be patient in this type of process, since sometimes it usually takes months.

To find out the status of the application, immigrants can use the USCIS Contact Center. As a result, when reviewing the response, USCIS may consider the information to be insufficient or sufficient.

How Long Does It Take For USCIS To Make A Decision On The NOID?

The NOID can take months to process, and can even take years. Once USCIS receives the response from the immigrant, it will begin processing the updated petition. All this is done with the new evidence that was submitted.

It should be noted that during this time, the immigrant may need to apply for an extension of their current US visa type to remain legal in the US. The application to extend the visa also has a separate deadline.

How Can WANG LAW Help You?

Receiving a Notice of Intent to Deny (NOID) can be stressful, even if everything possible has been done beforehand to determine eligibility. 

Although a rejection of any of these notices can be appealed, only a good, experienced immigration attorney can help you. For example, our lawyer Carolina Curbelo.

Our law firm has been dedicated to helping immigrants with problems like this for years. Therefore, if you receive a notice of intent to deny from USCIS for an immigration application, it is best to contact us beforehand.

You can contact us by phone, by email, or by scheduling an appointment with our office, which is located in DOWNTOWN , CHICAGO.