FAQ

Everyone on Team Humanity has personally experienced the challenges of the immigration process in pursuit of the American dream. Looking back, we all wish we had known more at the beginning but the high cost of consulting with an attorney was often out of reach. That’s why we deeply empathize with others who are now on the same journey.

In addition to our firsthand experience, our team has worked for and partnered alongside experienced immigration attorneys who have decades of expertise and experience.

By combining personal insight with professional knowledge, we’re committed to offering affordable yet high-quality immigration services to help more people make their American dreams come true.

According to California Secretary of State and The State Bar of California, an immigration consultant cannot provide legal advice, represent clients in immigration court, or select immigration forms for clients. Therefore, an immigration consultant can provide:

• Translating a client’s answers to questions on state or federal forms;
• Translating the information on state or federal forms for a client;
• Obtaining copies of supporting documents needed for those forms:
• Submitting completed forms to the USCIS office, if requested by the client;
• Referring a client to appropriate legal representation with no charge.

An immigration attorney can handle all of the above and more. Naturally, the cost of hiring an immigration attorney is often significantly higher than working with an immigration consultant.

Although USCIS provides forms and instructions that allow individuals to file their own immigration cases, many people still prefer to hire a professional to save time and avoid costly mistakes. In many cases, hiring an immigration lawyer is not necessary, especially when the situation is relatively straightforward.

At Humanity Immigration, we assist clients completing their forms, gathering the required documents, and submitting their cases. For cases that fall outside the scope of our services and legal capacity, we’re happy to refer clients to trusted immigration attorneys we partner with at no additional referral fee, , as required by law.

We understand that some immigration attorneys, agencies, or consultants offer free consultations. However, at Humanity Immigration, we aim to provide professional services gained through years of experience working alongside immigration attorneys. Affordable services meant for individuals who are genuinely serious about their immigration journey to the U.S.

By charging an affordable consultation fee, we ensure that our time is dedicated to those who truly need professional information, rather than those simply asking for information around. Plus, our consultation fee can be credited toward any future service should you choose to work with us.

A Documentation Assessment helps us evaluate the complexity of a case and determine if we can provide our services before it begins. This allows clients to save time and money by avoiding any midway changes.

Plus, this fee can be credited toward any future service should you choose to work with us.

Yes. Only a few immigration categories require the applicant to be physically present in the U.S. Most categories, even green card applications, can be initiated from overseas.

You may not need to but it’s important to be cautious. AI tools and social media like ChatGPT and Reddit are great at gathering and summarizing information from the internet, but they can’t always verify whether that information is accurate or up to date.

For someone new to the immigration process, it can be risky to rely solely on internet information, especially when even one mistake can jeopardize an entire application.

That’s why it’s still highly recommended to consult with an experienced immigration professional who can provide guidance tailored to your specific case.

Unfortunately, NO! A U.S. green card holder can only petition for their spouse and unmarried children.
Only U.S. citizens are eligible to sponsor their parents and siblings for a green card.

Unlike U.S. citizens, green card holders cannot sponsor a spouse who is out of status through adjustment of status (I-485). The spouse may need to leave the U.S. and go through consular processing (CP).

Yes. They may still be eligible to apply as derivative applicants. They would need to file their own I-485 applications based on a pending or approved immigrant petition. This is called “Following to join.”

Unfortunately, NO! A U.S. citizen must file two separate petitions if filing for both parents.

Unfortunately, H-1B visas are subject to annual limits. Each fiscal year (Oct to Sep), there are:

• 65,000 visas available for individuals with at least a bachelor’s degree, and
• An additional 20,000 visas reserved for those who hold a U.S. master’s degree or higher.

Applicants with a U.S. master’s or higher degree are first entered into a lottery for the 20,000 advanced degree cap. Those who are not selected in that round are then entered into the general pool of 65,000 along with bachelor’s degree holders.

The H-1B lottery typically takes place in March each year. Applicants are given at least two weeks to register, and results are usually released within a week after the registration period ends.

USCIS only notifies those who are selected. To ensure the annual cap is met, USCIS generally selects approximately 110,000 to 130,000 registrants, about twice the number of available visas, in the initial round.

If some of those selected do not file their petitions by the deadline (usually the end of June), USCIS may conduct a second or even a third round of selection (usually July and August) to fill the remaining spots from the original pool of registrants.

Once an H-1B case is approved, the employee may begin working on or after October 1 of that fiscal year. An H-1B employee is initially granted a 3-year work period, with the option to apply for an extension of up to another 3 years, totaling a maximum of 6 years.

If the employer chooses not to sponsor the employee for a green card before the 6-year limit is reached, the employee must either change to a different visa category or depart the United States.

Absolutely. It’s a common misunderstanding that a green card can only be pursued near the end of the 6-year H-1B period. In fact, by law, any qualified U.S. employer can sponsor a foreign worker for a green card, even if the individual is currently overseas and not in H-1B status.

However, in real life, most employers are unlikely to initiate the green card process for someone they haven’t previously employed or don’t have a close connection to, such as a family member.

Absolutely. If a petitioner, which is an employer, would like to sponsor both, the beneficiary can do both EB-2 and EB-3. This is called “parallel filing” or “multiple immigrant petitions”, and it’s often used to increase the chances of getting a green card faster.

Even though EB-2 generally has a faster processing time due to shorter visa bulletin backlogs, sometimes EB-3 moves faster depending on the country of chargeability. Filing both has advantage of whichever category becomes current first.

Only individuals who hold a U.S. master’s or higher degree at the time of filing can strategically move between EB-2 and EB-3 categories. If a petition was originally filed under EB-3 based on a bachelor’s degree, it cannot be upgraded to EB-2 later, even if the beneficiary earns a master’s degree afterward.

Definitely! However, the student must receive the degree before the end of June in order to qualify for H-1B if selected in the lottery.

Unfortunately, only citizens from the Treaty Countries are eligible for an E-1 or E-2 visa.

Absolutely not. An E-2 investor cannot apply for a green card based on their E-2 company.
While an E-2 company can sponsor employees for employment-based green cards if eligible, the E-2 investor themselves is not eligible to apply for a green card through the E-2 investment. They would need to pursue a separate immigrant visa category if they wish to obtain a green card.

Of course! Both L-1A and L-1B visa holders can be sponsored by their employer for an green card. However, there’s a key difference in the allowed stay:

• L-1A visa holders (managers or executives) can stay in the U.S. for up to 7 years. They are eligible to apply for a green card through the EB-1C category, which does not require the PERM labor certification process, making it faster and more straightforward.
• L-1B visa holders (specialized knowledge employees) can stay in the U.S. for up to 5 years. They are only eligible to apply for a green card through EB-2 or EB-3, both of which require the PERM process, involving more steps and a longer timeline.

It’s a common misconception that a $800,000 investment guarantees a green card. In reality, this lower investment amount only applies to Targeted Employment Areas (TEAs), typically regions with high unemployment or rural areas. These projects often come with higher financial risk, and the chances of fully recovering the investment are slim to none.

Additionally, initial approval under EB-5 only grants employment authorization in a few months, not a permanent green card. Investors are first issued a conditional green card, which is valid for two years. To remove the conditions and receive a permanent green card, the investment must lead to the creation of at least 10 full-time U.S. jobs, and the business must continue operating successfully. The current process to remove conditions on a conditional green card could take more than a decade.

If someone promises a guaranteed full return on an EB-5 investment, it’s likely too good to be true, and possibly fraudulent. USCIS does not any EB-5 project to have any investment guarantees. Unfortunately, scams in the EB-5 world are not uncommon.

Some promoters even claim to get a “minor green card” or “little green card” within 3 months. In reality, they’re referring to the EAD (Employment Authorization Document)—which is not a green card. It simply allows to work in the U.S. while the EB-5 case is pending.

Always consult with trusted professionals before making any investment. A legitimate EB-5 process takes time, carries risks, and does not guarantee returns.

Unfortunately, no. ESTA is part of the Visa Waiver Program, which means it is not a visa and does not allow for a change or adjustment of status. Individuals in the U.S. on ESTA generally cannot switch to another visa or apply for a green card because ESTA is not a visa.

Since Taiwan joined the ESTA program, Taiwanese passport holders are allowed to travel to the U.S. for up to 90 days without a visa. As a result, it’s quite unlikely for American Institute in Taiwan (AIT) to approve a B-1/B-2 visa unless there is strong evidence showing a legitimate need to stay in the U.S. for more than three months.

To apply for U.S. citizenship, a green card holder must have been physically live in the U.S. for at least 30 months in the five years

If, in any of those 5 years, the applicant leave the U.S. for more than 1 year, the continuous residence requirement is considered broken. In that case, the 5-year countdown restarts from the day the green card holder resumes living in the U.S.

No. USCIS requires that all foreign language documents be accompanied by a certified English translation. The translator must be anyone else other than the beneficiary and must certify that they are competent to translate and that the translation is complete and accurate.

Yes, you may. However, a standard business plan typically focuses on profitability and growth potential, which is not what USCIS primarily values. A business plan written by someone unfamiliar with immigration requirements can easily miss key elements and potentially lead to a denial. For best results, we strongly recommend having a business plan prepared or reviewed by an immigration professional.

Our partner has years of experience in preparing business plans specifically tailored for immigration petitions, with an approval rate that’s close to perfect. We highly recommend hiring a professional to create an immigration-focused business plan, as it can significantly increase chances of approval.

The Internal Revenue Service (IRS) only allows an individual with a Social Security Number (SSN) to obtain a limited number of EINs in their lifetime. Because of this restriction, our partner charges a higher fee for clients who need assistance obtaining an EIN.

Definitely. While hiring an attorney for a USCIS interview does come with certain advantages, it often costs several thousand dollars. At Humanity Immigration, our interpreters have extensive experience assisting with USCIS interviews. They not only provide professional real-time interpretation but also offer emotional support to help clients stay calm and confident, making the overall interview experience much smoother and more reassuring.