Q: What is a visa? What is it used for?

A: A visa is merely an entry document. It is not evidence of one's right to remain in the U.S. A visa indicates that an application has been reviewed by a Consular officer at a U.S. Embassy or Consulate and the officer has determined the individual is eligible to enter the U.S. to engage in certain activities. Once a foreign national arrives at a port-of-entry, either at an airport or a land border crossing, it is up to the discretion of the U.S. Customs and Border Protection (CBP) officer to allow him or her to enter the country.

Q: What is an I-94 record? What is it used for?

A: CBP gathers the traveler's arrival/departure information automatically through electronic travel records. The I-94 record indicates how long the individual may stay in the U.S., not the visa in the passport and in what classification. It is this date that controls how long they can legally remain in the U.S. A new I-94 record is recorded each time the nonimmigrant legally enters the U.S. More I-94 information can be found here.

Q: Why don't I receive the original Receipt Notice?

A: Grzeca Law Group often retains the original Receipt Notice in our clients' files for use in the event that further correspondence with U.S. Citizenship and Immigration Services (CIS) is required regarding a case. Grzeca Law Group will forward the original Notice to our clients' attention. However, upon request, if they are planning travel outside of the U.S. or are renewing their driver's licenses based on an extension of their nonimmigrant classification. Please note, CIS will not issue a duplicate Receipt Notice.

Q: How do I request a duplicate Approval Notice?

A: In the event that an Approval Notice is lost or stolen, a duplicate Approval Notice may be requested by filing an Application for Action on an Approved Application or Petition (Form I-824) with U.S. Citizenship and Immigration Services (CIS). The I-824 must be filed with the same CIS office that approved the original Application or Petition. Please contact our office should you need to request a duplicate Approval Notice.

Q: What is a "Biometrics Appointment?"

A: As part of normal processing of an Application to Register Permanent Residence or Adjust Status (I-485), an Application for Naturalization (N-400), Application for Reentry Permit and an Application to Replace Permanent Resident card (I-90), applicants must have their fingerprints or Biometrics taken at an Application Support Center (ASC) and sent to the Federal Bureau of Investigation (FBI) for a criminal background check. If necessary, applicants may also be required to take a photograph or provide a signature at the time of their Biometrics appointment. Applicants are required to bring their Biometrics Notice and photo identification such as a valid passport or valid driver's license to the appointment. If an applicant wishes to reschedule the appointment, he or she will need to follow the instructions found under the "Request for Rescheduling" heading of the Notice. Failure to appear to be fingerprinted or provide other biometric information may result in a denial of the Application.

Q: What is Advance Parole?

A: Foreign nationals who have pending Applications for immigration benefits or changes in nonimmigrant status need Advance Parole in order to reenter the U.S. after traveling abroad. Such individuals must be approved prior to departing the U.S. Advance Parole is also available to foreign nationals with refugee or asylee status who intend to apply for a U.S. Immigrant Visa in Canada. Please contact our office for assistance with applying for Advance Parole.

Q: Can my spouse work?

A: A spouse's eligibility for employment in the U.S. depends on their current nonimmigrant classification they currently hold. In particular, individuals in L-2, E-1, E-2, E-3 and L-2 classifications are allowed to work incident to status so long as they possess a valid I-94 record with the E-1S, E-2S, E-3S or L-2S class of admission. In addition individuals in H-4 classification, and whose spouse possesses an approved Immigrant Petition for Alien Worker (I-140) may apply for an Employment Authorization Document if an immigrant visa number is not available. J-2 nonimmigrants are also eligible to apply for an Employment Authorization Document. CIS must approve the Application and issue an Employment Authorization Document before beginning employment in the U.S. Applicants in J-2 classification must submit an additional written statement with supporting evidence showing that the employment is not necessary to support the J-1, but is for another purpose. Individuals in O-3, TD or F-2 classifications (dependents of H-1B, O-1, TN and F-1 classification holders) are ineligible for employment in the U.S. Learn more about Employment Authorization Documents and who is eligible here.

Q: While I am in the U.S. on a work-authorized visa, can my spouse and child(ren) apply for social security numbers?

A: It depends. If spouses or children are eligible for work authorization, they can likely obtain a social security number. Otherwise, they may only be eligible to obtain Individual Taxpayer Identification Numbers. Grzeca Law Group is happy to advise on the proper procedure for individual matters.

Q: I am a permanent resident, how do I get a social security number?

A: U.S. permanent residents can use the Application to Register Permanent Residence/Adjust Status (I-485) to apply for an original Social Security Number or replacement card. . However, A permanent resident may have applied for a social security number and card as part of either the Application to Register Permanent Residence or Adjust Status (I-485) or Immigrant visa Electronic Application (DS-260). In this case, a social security card should be issued within 7 to 10 business days after permanent resident status is approved. Alternatively, permanent residents can apply for a social security number and card at a local Social Security office. To locate the nearest office, please call 1-800-772-1213 or visit https://www.ssa.gov/.

Applicants must prove their identity as well as eligibility for a social security number when completing a short application. A card should be received within 2 weeks of submitting an application if the office does not need to verify any documents presented.

Q: How do I get a social security number for my dependent to list on my taxes?

A: In order to claim a family member who is not eligible to apply for a social security number as a dependent, an Individual Taxpayer Identification Number (ITIN) may need to be obtained. For more information about ITINs, please visit: https://www.irs.gov/individuals/individual-taxpayer-identification-number.

Q: I am considering a transfer to another property or employer location. What do I need to do?

A: Depending on your status in the U.S., an amended petition may need to be filed with U.S. Citizenship and Immigration Services. Please contact our office for more information prior to transferring to another property or employer location.

Q: I just received a promotion/demotion. What do I need to do?

A: Depending on the amount of change in day-to-day duties of your job and your status in the U.S., an amended petition may need to be filed. Please contact Grzeca Law Group for more information prior to taking on a new position.

Q: I just recently got married, how do I change my name on my passport/I-94 card?

A: Requests may be made for a name change on a passport through the Embassy or Consulate of the foreign nationals home country. The application procedures, required documents and processing times vary based on the Embassy or Consulate. A new I-94 card will be issued upon reentry to the U.S. after travel abroad based on the name listed in the passport presented to U.S. Customs and Border Protection.

Q: I recently got married and my name is now different. How do I change my immigration documents to reflect my new name?

A: Foreign nationals with recent name changes should not be required to file paperwork to change the name on their current visa or immigration classification documents. However, they should carry a copy of their marriage certificate when traveling, in the event that a question would arise. When it is time to renew their visa or immigration classification, the proper name revisions can be made on the applicable documents at that time.

Q: My I-94 record is expiring next week, my case is pending and I need to travel outside the U.S.

A: If an extension is pending, one can depart the U.S., but will not be allowed to reenter the U.S. because they will no longer have valid status. Upon approval of the extension petition and receipt of the original Approval Notice, a foreign national can reenter the U.S. For Canadians, once they obtain the Approval Notice, they can cross the border into the U.S. All other nationalities will need to apply for a new visa from a U.S. Embassy or Consulate prior to reentry into the U.S.

Q: I began employment in the U.S. with a valid nonimmigrant classification. What do I need to bring with me when I travel abroad?

A: Foreign nationals with valid nonimmigrant classification traveling abroad should be prepared to present their valid passport along with their current valid visa or other U.S. entry document (such as Approval Notice, executed I-129S, DS-2016, I-20, etc.). Since Canadian citizens are visa exempt, they will only need to present their passport and other U.S. entry document. Please note that some countries require that an individual's passport be valid at least six months beyond the dates of travel and/or have two to four blank visa/stamp pages.

Q: My non-immigrant classification is current and valid, but my visa is expired. Do I need to renew my "visa" if I have no intention of traveling internationally?

A: No. The visa in your passport is for entry purposes only. Once you are in the U.S., it is not proof that you are maintaining status.

Q: I would like to travel outside the U.S. Do I need a new visa to reenter at the end of my trip?

A: Yes, foreign nationals whose visa has expired will need to attend an appointment at a U.S. Embassy or Consulate in order to apply for and receive a new visa allowing them to reenter the U.S. unless they have advance parole, a green card or are a U.S. Citizen. Please contact our office for assistance in making an appointment, collecting and preparing the necessary documents.

Q: How do I make an Embassy appointment to get a new visa?

A: Each U.S. Embassy and Consulate has different policies and procedures for applying for visas. Grzeca Law Group prepares detailed instructions to help our clients schedule and prepare for these appointments. Please visit https://www.usembassy.gov/ to find a list of the U.S. Embassies, Consulates, and Diplomatic Missions around the world.

Q: Why does it take so long to get an appointment at a U.S. Embassy or Consulate?

A: A: The State Department now requires that most applicants attend a visa interview, unless otherwise eligible for a visa interview waiver. That, coupled with applications being subject to a greater degree of scrutiny than in the past, has created long wait times for an appointment. Find out how long the wait time is at Embassies and Consulates around the world at: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/wait-times.html

Q: U.S. Citizenship and Immigration Services has recently approved a Petition to extend my nonimmigrant classification. What do I need to bring with me on my next trip abroad?

A: Foreign nationals with a nonimmigrant classification that has recently been extended with U.S. Citizenship and Immigration Services (CIS) should be prepared to present their valid passport along with the new I-94 Arrival/Departure Record attached to the bottom of their Approval Notice. In addition, foreign nationals (except Canadians) will be required to apply for a new visa at U.S. Consulate or Embassy abroad to reflect the validity dates of the extended status prior to reentering the U.S. Please contact our office prior to finalizing any travel plans outside the U.S.

Q: I just wanted to let you know that I'm moving to another apartment, do I need to update my home address with you or the government?

A: Clients of Grzeca Law Group should forward any new addresses to us so that we can update our records accordingly.

Please note, U.S. immigration law and regulations require that all foreign nationals report each personal change of address and new address with U.S. Citizenship and Immigration Services (CIS) by filing Form AR-11 within ten days of any move. This process may now be done electronically by accessing https://www.uscis.gov/addresschange

According to U.S. Citizenship and Immigration Services (CIS), to comply with the legal requirements of the U.S. Department of Homeland Security (DHS), all non-U.S. Citizens must notify the DHS of any changes of address if they are present in the U.S. for more than 29 days.

CIS does not acknowledge receipt of AR-11 Change of Address forms. Therefore, Grzeca Law Group recommends keeping a copy of the completed form as well as a record of the date it was submitted.

Q: I have a new address in my home country (abroad). Do I need to complete Form AR-11 for my address abroad?

A: Foreign nationals do not need to inform U.S. Citizenship and Immigration Services (CIS) of a new address abroad. This requirement relates addresses within the U.S. if your stay exceeds 29 days.

Q: How much longer is it going to take for my case to be approved?

A: Applicants can check the status of their case and access the current processing times for the U.S. Citizenship and Immigration Services (CIS) Service Centers by accessing: https://egov.uscis.gov/processing-times/

Q: Why are the processing times listed on the U.S. Citizenship and Immigration Services (CIS) website so inconsistent?

A: The processing times listed on the CIS website are typically a snapshot of what the CIS has in the pipeline at a given time. Processing times may increase or decrease depending on the demand for adjudication of certain types of petitions. Please also note that the listed CIS processing times are only updated monthly. At times, the CIS website is an accurate gauge of how long it will take to adjudicate a particular petition, but it should not be relied on 100%.

Q: Do I need a B-2 visa to visit family in the United States?

A: Generally, a citizen of a foreign country who wishes to enter the U.S. must first obtain a visa, either a nonimmigrant visa for temporary stay or an immigrant visa for permanent residence. The B-2 visitor visa is a nonimmigrant visa for persons desiring to enter the U.S. temporarily for pleasure or medical treatment. Travelers from certain eligible countries may also be able to visit the U.S. without a visa through the Visa Waiver Program. Learn more about how to enter the U.S. as a visitor here.

Q: How do I know if I qualify for the Visa Waver Program? How does it work?

A: Citizens of qualifying countries must carry a machine-readable passport or a biometric passport to participate in the Visa Waiver Program (VWP). Click here for a current list of Visa Waiver Program eligible countries.

To travel under the VWP, an individual must be a citizen of a VWP country, have a valid passport issued by the participating country that is valid for six months beyond their intended visit, be traveling for business, pleasure or transit only, and stay in the U.S. for 90 days or less. In addition, there are other limits on use of the VWP. Contact our office to find out more.

Q: I'm planning to travel to the U.S. on the Visa Waiver Program. Do I need to register my trip?

A: Yes. Starting January 12, 2009, the Department of Homeland Security (DHS) implemented an Electronic System for Travel Authorization (ESTA), which is mandatory for all nationals or citizens of the VWP countries. Travelers have to obtain ESTA approval before boarding a carrier that is going to the United States. If this step is not done, a B-1/B-2 visitor visa must be obtained in advance of travel.

ESTA will only authorize a traveler to board a carrier for travel to the U.S. under the VWP and the authorization will be valid for two years. DHS cautions that this authorization is not a guarantee of admissibility to the U.S. at a port of entry. In addition, individuals traveling on valid visas will not be required to apply for ESTA authorization.

The web-based ESTA system is available at https://esta.cbp.dhs.gov. Alternatively, U.S. Customs and Border Protection (CBP) has launched a mobile application to enable travelers entering under the Visa Waiver Program to submit ESTA applications through their smart phones, mobile devices, or tablets. There is currently no fee for the application and the DHS recommends that ESTA applications be submitted no less than 72 hours prior to travel. Eligibility should be determined almost immediately after submission of this application, and approvals are valid for two years or until the traveler's passport expiration date, whichever is sooner. Anyone who is denied ESTA authorization must apply for a visa to enter the United States. Please contact our office if you have any questions about the ESTA program.

Q: My employer is requiring that I attend mandatory training in the United States. Do I need a visa? What type of visa do I need?

A: A B-1 visa may be appropriate when attending training in the U.S. The "business" authorized by a B-1 visa typically entails activities such as training, conventions, conferences, consultations and other legitimate activities of a commercial or professional nature, but it does not authorize gainful employment in the U.S. In addition, the individual must continue to be paid by the property or office abroad, the entry must be of a limited duration, the individual must intend to depart the U.S. at the conclusion of the stay and the visitor must continue to maintain a foreign residence abroad. Please note that the Visa Waiver Program is also designed to cover this type of entry without the need for a "visa" if the individual qualifies for the program. Grzeca Law Group can help to evaluate which option would be appropriate.

Q: Do I have to visit a U.S. Embassy or Consulate to obtain a B-1 visa?

A: Business visitors must obtain a B-1 visa at a U.S. Embassy or Consulate abroad prior to entering the U.S. if they are not from a Visa Waiver Program country. When applying for the visa, and when entering the U.S. in the classification, the employee should carry a letter from his or her employer explaining the nature of the employee's activities in the U.S.

As with every immigration situation, U.S. consular officers and immigration border officials have expansive discretion in implementing business visitor rules. If there is speculation that the individual may be coming to the U.S. to engage in "services" or that the U.S. entity may have some direction and control over the employees activities, it will be important to supply that employee with appropriate documentation clearly defining the nature of the activity and establishing their ties to their home country.

Grzeca Law Group would be happy to help draft these letters and prepare the foreign national for his or her B visa appointment and subsequent entry to the U.S.

Q: What is an H-1B classification?

A: An H-1B nonimmigrant classification is available to individuals in a "specialty occupation," defined by immigration regulations as an occupation that requires a U.S. Bachelor's degree, or its equivalent, for entry into the field.

Grzeca Law Group's Specialty Occupation Lawyers have vast experience with the H-1B classification and can help companies apply for an initial H-1B for a new employee, transfer an H-1B classification for a new employee to the company, or amend and/or extend the H-1B of an employee currently in H-1B status. Please click here to learn more about the H-1B classification.

Q: What is a specialty occupation? Can you give me more details about this?

A: A specialty occupation requires a U.S. Bachelor's degree, or equivalent, for entry into the field. The degree(s) must be in a field related to the position. An equivalent may be a single degree or multiple foreign degrees or a combination of degree(s) and coursework. Education and/or experience presented as "equivalent" to a U.S. degree must be confirmed by a credentials evaluation.

Q: How long is an H-1B classification good for? How long can a foreign national be in H-1B status?

A: An H-1B classification is usually granted initially for three years and may be extended for an additional three years. Time spent outside of the U.S. during the H-1B tenure can be "re-claimed" or "recaptured" to extend the H-1B beyond the 6th year anniversary.

Q: Is there an annual limit on the number of H-1B visas?

A: U.S. law limits the number of H-1B's to 65,000 per year, measured from the federal government's fiscal year starting on October 1st.

The cap does not apply to individuals employed at an institution of higher education or a related or affiliated nonprofit entity, or at a nonprofit research organization or governmental research organization. The cap also does not apply to current H-1B holders who were previously counted in the prior 6 years, e.g. H-1B extensions, changes in employment terms or employers, or a second concurrent H-1B.

Q: What happens when the cap is reached?

A: Following the conclusion of the 14 day registration period, no additional registrations are allowed. If CIS determines that it has not received enough petitions after the first round of selections, it will conduct, in its sole discretion, a supplemental lottery drawing until they reach the congressionally mandated cap.

Q: I want to hire a foreign national who is working for another employer on an H-1B classification. What do I need to do?

A: H-1B classification authorizes employment only with the sponsoring employer. However, an individual in H-1B status may begin working for a new H-1B employer as soon as that employer files a "nonfrivilous" H-1B petition on their behalf if certain conditions are met.

Our office can prepare the necessary documents and forms for the "portability" of H-1B classification. Once the petition has been properly received by U.S. Citizenship and Immigration Services (CIS) the individual can begin working for the petitioning company.

Q: When can our new employee start once we file this H-1B portability petition?

A: An H-1B employee who has properly "ported" to a new employer is eligible to begin employment with the company upon the receipt of the petition by U.S. Citizenship and Immigration Services (CIS). Proof that the petition has been properly filed with the CIS will come in the form of a "receipt notice." If the company should choose to employ this individual prior to receiving the original receipt notice in the mail, but after the petition has been delivered to CIS, the company would assume the risk that if the petition is not properly received by the CIS, the employee would be ineligible to work with the company.

Q: I am currently employed in the U.S. in L-1 classification. How long can I remain in the U.S.?

A: The initial L-1 classification is usually valid for three years. Individuals in L-1B classification are eligible for one 2-year extension for a maximum of 5 years in the U.S. Individuals in L-1A classification are eligible for two 2-year extensions for a maximum of 7 years in the U.S.

Q: If I am currently in L-1B classification, can I change my status to L-1A so I have an additional two years in the U.S.?

A: If an individual has been filling a managerial position in the U.S. for more than six months and the position meets the definition of a manager according to U.S. Citizenship and Immigration Services, their L-1B classification may be able to be amended to an L-1A classification, giving them an another two-year extension. Please contact Grzeca Law Group for more information regarding amending an L-1B classification.

Q: Does my time spent in H-1B classification affect my L-1 classification in any way?

A: Yes. Any time spent in the U.S. in H-1B classification does count against the 7 and 5 year limits for the L-1A and L-1B classifications.

Q: I am currently employed in the U.S. in L-1A classification. How can I apply for permanent residence?

A: When applying for U.S. permanent residence, foreign nationals who hold L-1A status should be classified as a Priority Workers. Priority Workers are exempt from the first stage of the permanent residence process, which is the Labor Certification process (PERM). Learn more about the priority worker stages here.

Q: What preference category will I be placed in?

A: You will be placed in the Employment-Based First Preference (EB-1) Category. Details about the EB-1 Category can be found here.

Q: Are there backlogs in this preference category?

A: The current visa bulletin showing the backlog for an Employment-Based First Preference visa can be found here.

Q: My employer is looking at promoting me to a higher-level position. How does this affect my current TN classification?

A: Depending on the changes to the job duties, it may be necessary to request an amendment of the TN classification with U.S. Citizenship and Immigration Services (CIS) or obtain a new TN classification with U.S. Customs and Border Protection (CBP) or a U.S. Consulate or Embassy. It would be best to contact Grzeca Law Group to determine the appropriate strategy to proceed.

Q: I received a job offer from another company for a similar position. How do I change employers under the TN classification?

A: Employers must file a Petition to amend a prospective employees TN classification with CIS before the employee begins the new position. Alternatively, Canadian citizens may depart the U.S. and present a Petition for a new TN classification with the new employer to U.S. Customs and Border Protection when reentering the U.S. Similarly, Mexican citizens may apply for a new TN visa at a U.S. Embassy or Consulate abroad or by presenting a valid TN visa and a TN application from the new employer.

Q: My TN will expire in two months. How do I extend my classification? Do I need to go back to Canada or Mexico?

A: Foreign nationals are not required to depart the U.S. to renew their TN classification. The TN classification may be renewed by filing a formal Petition with U.S. Citizenship and Immigration Services (CIS) while remaining in the U.S. However, there is an option to renew a TN classification with U.S. Customs and Border Protection or at a U.S. Embassy or Consulate in Mexico and avoid sometimes rather lengthy processing times at the CIS. Please keep in mind, even if the TN classification is extended by the CIS, Mexican citizens would still need to obtain a new visa at a U.S. Embassy or Consulate before returning to the U.S. from travel abroad.

Q: How long can I extend my TN classification?

A: A TN classification is currently issued in increments of three years, with no limit to the number of renewals, so long as the eligibility requirements continue to be met.

Q: Can I apply for U.S. Permanent Residence?

A: While TN classification does not preclude one from applying for U.S. permanent residence, U.S. immigration law does not recognize dual intent (intent to remain in the U.S. permanently and intent to return to a different country upon the completion of a stay in the U.S.) for TN classification holders. In short, the CIS has discretion to deny a permanent residence application based on the existence of dual intent. In addition, one may be refused any subsequent extension of TN classification, if it is determined that they possess immigrant intent.

Q: My company wants to sponsor me for my "green card" what is the first step?

A: It depends. Sometimes an employer must first test the U.S. labor market to determine whether there are any able, willing, qualified and available U.S. workers to fill the employer's permanent position. Other times, the employer, or the foreign national applying independently, may directly submit an Immigrant Petition for an Alien Worker (I-140) to U.S. Citizenship and Immigration Services. Learn more about the stages in the permanent residence process here.

Q: What is EB-2?

A: The employment-based second preference category, or EB-2, is for members of professions holding advanced degrees or persons of exceptional ability. Professional positions that require a Master's Degree or higher, or that require a Bachelor's Degree plus five years of progressively responsible experience, are typically classified as EB-2 positions. This can also include employees who, because of their exceptional ability in the sciences, arts or business will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the U.S. and whose services are sought by an employer in the U.S. Learn more about the EB-2 category here.

Q: What is EB-3?

A: The employment-based third preference category, or EB-3, is for skilled workers, professionals and other workers. Positions that require a Bachelor's Degree (or foreign degree equivalent) or at least two years of training or work experience are usually classified as EB-3 positions. Learn more about the EB-3 category here.

Q: I have a Master's degree, will I automatically be classified as EB-2?

A: Not necessarily. By law, the EB-2 and EB-3 categories are determined by the employer's actual minimum requirements for the position, not the employee's qualifications. Therefore, if the employer requires a Bachelor's degree plus two years of experience to be qualified for a position, but the employee possesses a Master's degree, the position will be classified as EB-3.

Q: Why does it matter whether I am classified as EB-2 or EB-3?

A: Processing times vary for EB-2 and EB-3 immigrant visas, but generally there is a shorter wait time for EB-2 visas because there is less demand. In addition, this wait time can be significantly different if the employee is from certain countries, such as China or India. For current processing times, you can access the U.S. Department of State's current visa bulletin at: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html

Q: Who sets the requirements for the position?

A: Only the employer can determine what their actual minimum requirements are for the position. The foreign national employee cannot be involved in this process.