Electronic System for Travel Authorization (ESTA)
The Visa Waiver Program (VWP) enables nationals of 41 participating countries to travel to the U.S. for tourism or business for stays of 90 days or less without obtaining a visa. VWP travelers are required to have a valid authorization through the Electronic System for Travel Authorization (ESTA) before travelling. Travelers are screened at the port of entry into the U.S. and are enrolled in the Department of Homeland Security’s US-VISIT program.
B Visa
B-1 Temporary Business Visitor: Participating in business activities of a commercial or professional nature in the U.S., including, but not limited to:
- Consulting with business associates.
- Traveling for a scientific, educational, professional or business convention, or a conference on specific dates.
- Settling an estate.
- Negotiating a contract.
- Participating in short-term training.
- Transiting through the U.S.: Certain persons may transit the U.S. with a B-1 visa.
- Deadheading: Certain air crewmen may enter the U.S. as deadhead crew with a B-1 visa.
B-2 Temporary Visitor: Participating in activities of a non-commercial or professional nature in the U.S., including, but not limited to:
- Tourism / Vacation.
- Visiting family or friends.
- Medical treatment.
- Attending short-term recreational courses (e.g. a cooking class).
- Attending social or fraternal events (not business-related).
Students and Exchange Visitors
F Visa
- F-1 Academic students: Entering the United States as a full-time student at an accredited college, university, seminary, conservatory, academic high school, elementary school, or other academic institution or in a language training program. Must be enrolled in a program or course of study that culminates in a degree, diploma, or certificate and the school must be authorized by the U.S. government to accept foreign students.
Allowed to work on-campus only but not off-campus if no CPT or OPT. - F-2 Spouses and children of F-1: Allowed to study in the U.S. as well but not allowed to work in the U.S.
- F-3 Canadian or Mexican national academic commuter students: Commuter students from Canada or Mexico who attend school in the U.S. but don’t live in the U.S.
- Curricular Practical Training (CPT):
- Allows F-1 students to engage in paid alternative work/study, internships, cooperative education, or other required practical experiences that are offered by sponsoring employers through cooperative agreements with the school.
- Must be an integral part of the student’s degree program and approved by the school’s Designated School Official (DSO).
- The student must use the CPT employment end date listed in the employment authorization section of their Form I-20 when completing Section 1 of employment-related forms (such as Form I-9).
- Optional Practical Training (OPT): F-1 students who have completed at least nine months of their academic program may apply for OPT to gain practical work experience related to their major field of study.
- Students may work up to 20 hours per week while school is in session, and full-time during official breaks or after graduation.
- OPT is limited to 12 months per academic level and must be directly related to the student’s major area of study.
- A Designated School Official (DSO) must recommend OPT and update the Form I-20 accordingly.
- Students must apply for and receive an Employment Authorization Document (EAD) from USCIS before beginning work.
- Employment may not begin until the start date listed on the EAD.
- The EAD serves as proof of identity and work authorization for Form I-9 purposes.
- The student must enter the EAD expiration date and card number in the “Authorized to Work Until” field of Form I-9.
- After the EAD expires, students have a 60-day grace period to transfer to another educational program, apply for a change of status, or depart the U.S.
- STEM OPT Extension: F-1 students who earned a bachelor’s, master’s, or doctoral degree in a Science, Technology, Engineering, or Math (STMP) field may qualify for a 24-month extension, allowing for a total of 36 months of post-completion OPT.
- The employer must be enrolled in E-Verify and comply with the Form I-983 training plan requirement.
- Students must apply for the extension before their initial OPT EAD expires.
- Once properly filed, the student may continue working for up to 180 days while the STEM OPT extension application is pending.
M Visa
- M-1 Vocational students: Students in vocational or other nonacademic programs, other than language training. May only accept employment after completion of their course of study and if it is part of a practical training program. The student must receive an EAD before working and can only work for a maximum of six months of practical training.
- M-2 Spouses and children of M-1: Allowed to study in the U.S. as well but not allowed to work in the U.S.
- M-3 Canadian or Mexican national vocational commuter students: Commuter students from Canada or Mexico who attend school in the U.S. but don’t live in the U.S.
J Visa
- J-1 Exchange visitors: Examples of exchange visitors include, but are not limited to:
- Professors or scholars.
- Research assistants.
- Students.
- Trainees.
- Teachers.
- Specialists.
- Au pairs.
- Camp counselors.
- J-2 Spouses and children of J-1: The spouse and children are entitled to employment authorization after filing a I-765 form to get an EAD card.
Naturalization/Citizenship
N-400 Application for Naturalization: A green card holder is eligible for naturalization after 5 years of living in the U.S., must have physically lived in the U.S. for at least 183 days per year on average during the 5 years.
Green Card-Related
Diversity Immigrant Visa Program (Green Card Lottery): Up to 50,000 immigrant visas are available annually through the Diversity Visa (DV) Lottery Program, which randomly selects individuals from countries with historically low rates of immigration to the United States. Applicants must also have at least a high school education or its equivalent, or two years of qualifying work experience. Typically opens for entry in October or November each year, and lottery results are announced around May or June of the following year.
Green Card Replacement: If a green card holder experiences any of the following situations, they should file Form I-90 to request a replacement or renewal of their green card:
- If lost, stolen, destroyed, or mutilated.
- If issued but never received.
- If existing card has incorrect data because of a Department of Homeland Security error.
- If name or other biographic information has legally changed.
- If existing card has already expired or will expire within six months (Green Card Renewal).
- If a minor reached the 14th birthday.
Green Card Abandonment: A green card holder must file a I-407 form to voluntarily abandon the status.
Other Visa/Status-related Petitions/Applications
Extend/Change Nonimmigrant Status: If a nonimmigrant intends to extend or change the current status, a Form I-539 must be filed for the following situations:
- Certain nonimmigrants extending their stay or changing to another nonimmigrant status.
- F and M nonimmigrants applying for reinstatement.
Travel Documents, Parole Documents, and Arrival/Departure Records:
- Reentry Permit: A permanent or conditional green card holder of the U.S. would like to leave the country for longer than 6 months and come back to the U.S.
- Advance Parole: A Form-I-485 applicant who would like to leave the U.S. for a short trip while the application is still pending.
Employment Authorization: Certain foreigners who are in the U.S. may file Form I-765, Application for Employment Authorization, to request an Employment Authorization Document (EAD) card to work legally in the U.S.
Premium Processing: Certain immigrant and nonimmigrant visa categories are eligible for premium processing, as outlined below:
- EB1A, EB1B, EB2, EB3, E, H, O, P, Q, R, TN: Within 15 business days.
- F-1 student seeking OPT or a STEM OPT, F1 & F2, J1 & J2, M1 & M2 seeking to extend or change the status: Within 30 business days.
- EB1C, Eb2-NIW: Within 45 business days.
Audit/Request for Evidence (RFE): USCIS would issue a RFE in the following situations:
- Did not submit all the required evidence.
- The evidence submitted is no longer valid.
- The officer needs more information to determine the eligibility.
- An employment-based petition filed for a position located in an area with a high unemployment rate.
- An employment-based petition, particularly under PERM, filed by an employer with a history of recent layoffs in similar positions may require additional recruitment documentation or justification.
Sometimes, an officer may issue a RFE for premium processing cases to get more time to review the case. They, of course, will not state so on the RFE notice.
Other Related Services
Translation: For any immigration and nonimmigration petitions and applications, the documents submitted must be in English.
We currently provide English/Chinese translation services for any original documents that are in Chinese.
Real-Time Interpretation: For any petitions or applications that require a USCIS interview, the applicant and/or beneficiary is allowed to bring an interpreter to assist during the interview.
We currently provide real-time Interpretation service for any Mandarin Chinese speakers.
Inquiry Assistance: For any case not actively handled by our agency, we charge a fee to assist with submitting an inquiry to USCIS, NVC, a U.S. consulate, a Federal Representative, or the White House.