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You can be eligible to apply for a US passport after you spend 5 years in the USA as a Lawful Permanent Resident. Naturalization is the way that a noncitizen not born in the United States voluntarily becomes a U.S. citizen. 

Before you can apply for naturalization, you must meet certain eligibility requirements. Depending on your situation, different requirements may apply to you.

YES. You are the ideal candidate because if you have at least 24 months left to complete your degree program, you can file adjustment of status before your F1 visa expires.

You do not need to go back to your country. Your interview will be held in the USA.

YES. You can apply for adjustment of status and get the green card for yourself and for your family, if they are present in the USA.

You need to accept the job and go through the same process as a regular applicant.

Unfortunately, kids over 21 age cannot come with you on your visa. They can either apply separately for an EB-3 visa OR you can sponsor them late on your own.

A denial of a non-immigrant visa does not prevent you from getting approved for the green card. You can still apply and eligible for EB-3 visa program.

A denial of a non-immigrant B1/B2 visa does not prevent you from getting approved for a green card. You can still apply and be eligible for the EB-3 visa program.

If you are still waiting for H-1B or haven’t had a luck in the past, you are eligible to apply for EB-3. It depends on you that you opt for a labor job instead a specialized skill job.

You will have access to healthcare in the United States as an EB3 visa holder. However, the cost of medical treatment and related expenses in the US are among the highest in the world.

The H-1B cap refers to the annual numerical limit set by the U.S. government on the number of H-1B visas that can be issued each fiscal year. The regular H-1B cap is set at 65,000 visas, while an additional 20,000 visas are reserved for individuals with U.S. Master's degrees or higher from qualifying institutions.

The H-1B cap significantly affects your visa application because it creates competition among employers and individuals seeking H-1B visas. Once the H-1B cap is reached, any further applications are subject to a lottery selection process. This means that if the number of H-1B applications exceeds the available visas, a random lottery is conducted to select the petitions that will move forward for processing.

If your H-1B petition is selected in the lottery, you have the opportunity to proceed with your application and potentially obtain an H-1B visa. However, if your petition is not selected, you will not be eligible for an H-1B visa that fiscal year. In such cases, you may need to explore alternative visa options or consider applying for an H-1B visa in subsequent years.

As there is a small number of H-1B visas available, an applicant must remember:

• Starting from April 1st, 2023, the U.S. Citizenship and Immigration Services (USCIS) will begin accepting H-1B visa petitions for the fiscal year 2024. The fiscal year for 2024 spans from October 1st, 2023, to September 30th, 2024.
• While there is no specific deadline for submitting H-1B petitions, once the H-1B cap for the fiscal year 2024 is reached, USCIS will no longer accept any more cases for that year.
• If the cap is reached within the first five days of the filing season, a computerized random selection process will be conducted. Initially, a selection will be made for the master's degree Cap. Any Master's Degree cases that were not selected will then be included in another random selection along with the Regular Cap petitions.
• However, if the cap is reached after the first five-day period and USCIS has received an adequate number of petitions, no lottery will be conducted. Only if the number of petitions exceeds the available cap will a lottery be conducted.
• In situations where the Advanced Degree Cap is reached while the Regular Cap is still available, all eligible petitions will be counted together with the Regular Cap.
• It is important to be aware of these processes and timelines when submitting your H-1B visa petition to maximize your chances of selection. Working closely with an immigration attorney or knowledgeable professional can provide valuable guidance throughout the application process.
• Individuals who hold a U.S. Master's degree or higher qualify for the Advanced Degree Cap for H-1B visas. However, those with an associate's, bachelor's, or master's degree obtained outside the U.S. do not qualify for this cap.
• The H-1B Cap count includes only the petitions that were submitted to USCIS before the final receipt date and are either pending or approved. Petitions that were denied, rejected, or withdrawn are not included in the Cap count.
• Once the H-1B Cap is reached, it becomes unlikely for an individual to obtain an H-1B visa until the next fiscal year. However, there may be other working visa options available depending on the individual's circumstances. It is advisable to consult with an experienced immigration attorney to receive proper guidance in such cases.
• Candidates who are not currently on H-1B status are subject to the H-1B Cap or quota. They are unable to commence work until or after the start of the new fiscal year, which begins on October 1st. To enable a candidate to start work in the new fiscal year, the employer must file an H-1B petition starting from April 1st. However, even in this case, there is a possibility that the candidate's petition may not be selected if the H-1B Cap is reached. In such instances, the employer would need to file a new H-1B petition for the subsequent fiscal year.
• Once the H-1B Cap is reached, it remains closed for the rest of the fiscal year. The number of available caps is fixed and does not change throughout the year.
• However, there are precautionary measures you can take to minimize the risk of your application being denied due to the Cap being reached.
• First and foremost, it is crucial to complete and submit your H-1B Petition as early as possible. Keep in mind that USCIS does not accept petitions more than six months before the start of the new fiscal year. Since the fiscal year commences on October 1st, it is advisable to submit your petition to USCIS on April 1st to maximize your chances of being selected.
• In addition to timely submission, ensure that you provide all the required and valid documents along with the necessary processing fees. Any incomplete files will be returned to the employer, potentially jeopardizing your application. It is essential to diligently gather and include all the requested information to ensure a complete and accurate petition.
• Another potential option to explore is to consider alternative nonimmigrant visa categories that may be suitable for your circumstances. Consulting with an experienced immigration attorney is highly recommended in such critical situations. They can provide valuable guidance and help you navigate through the available options to determine the most appropriate course of action for your situation.

In order to expedite the application process, you must ask your employer to pay for premium processing. 

Premium Processing Service is a service that beneficiaries can apply for with the help of an employer. This service does not promise an approval but ensures that a decision will be made within fifteen days. Depending on the circumstances of the case, you will get an approval notice, denial notice, Request for Evidence Notice, Notice of Intent to Deny or Notice of investigation for fraud or misrepresentation within fifteen days. Other than this fee, USCIS will only expedite their approval or denial process if your situation is an Extreme Emergency, Severe financial loss to a company or individual, USCIS error, Department of Defense or national interest situation, Humanitarian Situation. 

Foreign nationals can temporarily work in the US in specialty occupations using an H-1B visa, a type of nonimmigrant worker visa. These visas are offered to skilled workers with an appropriate four-year college degree (either a bachelor's degree from a US institution or the equivalent from a foreign institution), as well as any necessary work experience. A unique H-1B visa is also available for fashion models.

Based on the guidelines outlined in the Foreign Affairs Manual, Consular Officers consider the following factors during the interview of prospective H-1B applicants:

1. Labor Condition Application (LCA): The prospective employer must have filed an LCA with the Department of Labor (DOL) before submitting the H-1B application.
2. Specialty Occupation Determination: Filing an LCA does not automatically establish the occupation as a specialty occupation. The Department of Homeland Security (DHS) is responsible for determining whether the proposed position qualifies as a specialty occupation and if the applicant meets the qualifications to perform services in that occupation.
3. Qualifications for Specialty Occupation: To qualify for a specialty occupation, the applicant must have obtained a bachelor's degree or higher in the specific field, or possess equivalent education and experience. The applicant should have expertise in the specialty through progressively responsible positions related to the field.
4. Certification Requirements: Consular officers review evidence of employment and job training to ensure that the beneficiary meets the minimum employment and training requirements specified in the labor certification application. They also verify if the applicant has fulfilled the post-secondary education and other formal training requirements.
5. Temporary Nature of Position: The applicant must be coming to fill a position that is temporary in nature, aligning with the requirements of the H-1B visa category.

LCA is a Labor Condition Application. An employer must submit an LCA to the U.S. Department of Labor to be able to obtain a H-1B Approval. If an LCA has not been approved by the U.S. Department of Labor, then USCIS will not approve an H-1B Petition.

If you are filing a new H-1B application subject to the H-1B cap, you must wait for your application to be approved before you can start working. The Employment Period specified on the H-1B Approval Notice will determine when you can begin work, and for FY 2024, it must be after October 1st, 2023. If your petition was filed from overseas, you need to obtain an H-1B visa stamp to enter the U.S. on an H-1B visa. However, if your petition was filed as a change of status, you are not required to travel back to your home country for visa stamping.

If you are currently in valid H-1B status and a prospective company files a valid H-1B transfer, you can legally start working for the new employer as soon as USCIS receives the H-1B petition. Once the new H-1B petition is approved and your I-94 card is updated with the approval notice, you can continue working for the new employer until the expiration date on the I-94. However, if your application is approved without an I-94, you must stop working immediately, leave the U.S., apply for an H-1B visa in your home country, and be readmitted into H-1B status to continue working legally.

If you are currently an F-1 student working under OPT (Optional Practical Training), an L-1 transferee, or hold another temporary employment visa, you cannot begin working with your H-1B employer until your H-1B application is approved. If your status has not been terminated by USCIS, you can continue working at your current company until the H-1B visa is approved. However, if your status has been terminated, you may be required to leave the country and be readmitted after the H-1B visa is approved in order to begin working.

If an applicant meets the minimum requirements for an H-1B visa and the intended employer is willing to petition for them, they can apply for an H-1B. However, it is crucial to note that if the H-1B application was not filed in a timely manner, the applicant may not continue working until the H-1B petition is approved. When the OPT (Optional Practical Training) or F-1 academic program expires, the applicant must cease working unless their H-1B has been approved. It's important to remember that F-1 visa holders are generally subject to the H-1B cap unless they are petitioning with a university or a non-profit cap-exempt organization. Therefore, F-1 students need to carefully time their applications.

If an H-1B petition for a change of status is filed within the 60-day grace period following the completion of OPT, the applicant can remain in the US in legal status during the period between the completion of OPT and the start of H-1B eligibility. However, they will not be allowed to work legally during this time until the H-1B is approved. If it's not possible to file an H-1B cap case before the end of the F-1 status and the grace period has expired, the applicant must maintain status by enrolling in another program or depart the US if no other viable option is available. It is crucial to seek guidance from a knowledgeable attorney to discuss the specific details of each individual case, as there may be alternative options available that the applicant may not be aware of.

Since H-1B visas are employer-specific visas, a transfer of an H-1B visa will be handled in the same way as a new H-1B application. Therefore, the anticipated time frame for transferring an application should be similar to that of a new application. Processing a transfer application differs solely from processing a new application in that a transfer application is not subject to the H-1B cap. It's crucial to keep in mind that each consular officer has a unique workload, thus the processing time for your application may vary. You can pay the premium processing fee to have your transfer application processed more quickly and have a decision made within 15 business days.

No and yes. Every H-1B petition, whether it is a change of status or change of employer, is processed as a new petition since H-1B applications are employer specific. You would be qualified to petition for a change of status and avoid the H-1B cap because you haven't left the country for a year. This restricts you to the amount of time still allotted for your prior H-1B application. If not, you can leave the nation for a year before coming back to restart the 6-year clock.

The H-1B transfer allows individuals who hold a valid H-1B visa to change employers by filing a new petition, as long as they are in lawful status and have not engaged in unauthorized employment since their last lawful admission. There is no need to obtain a new H-1B stamp, as the visa will be transferred automatically.

Here are some important points to consider regarding H-1B transfers:

1. Only your employer can submit the H-1B transfer petition on your behalf. You cannot file the transfer petition yourself.
2. The following documents are crucial for the approval of an H-1B transfer:

• Copies of educational documents, including degrees and transcripts (if they are in a foreign language, make sure to provide translated documents)
• Copy of educational evaluation, if your college degree was obtained outside of the U.S.
• Copies of all existing immigration-related documents, such as previous H-1B petitions, forms, Labor Condition Applications (LCAs), and supporting letters
• Forms I-485 and I-140, if you have applied for them
• Copies of three recent pay stubs

There is no set deadline for starting your new employment after an H-1B transfer. The timing is solely up to you, but it is recommended to begin the new employment before the expiration or termination of your previous employment for your own safety.

H-1B transfer petitions are not subject to the H-1B Cap, except in cases where you are transferring from a non-profit organization to a cap-subject company. In such cases, you will be subject to the H-1B Cap.

It is not necessary to inform your current employer about your transfer. The process can be completed without their involvement or knowledge.

You can transfer your H-1B visa multiple times, but it's important to note that you are still subject to the overall 6-year limit of H-1B status. After reaching the maximum 6 years, you will be required to leave the U.S. You may be eligible for other visa options or apply for a green card to continue your stay in the United States.

The processing time for an H-1B transfer varies depending on the filed petition. If all the required documents are submitted correctly, the process usually takes around 4 to 8 weeks. However, it's recommended to check the USCIS website for the most up-to-date processing times, as they can vary based on the location of employment and workload at the USCIS service center handling the petition.

As long as Company A hasn't canceled your H-1B application with USCIS, you are permitted to continue working for Company A even after Company B approves your application. You are allowed to work for more than one company at once while simultaneously holding multiple H-1B visas. Due to this, we frequently advise H-1B candidates not to quit their current positions before their transfer requests have been accepted. You will either have to leave the United States or keep your status by switching to H-4 or another type of status if you later decide not to quit your job but the company has cancelled your H-1B with USCIS.

H-4 is a nonimmigrant visa that allows dependents of an H-1B visa holder to enter the U.S. and stay with the H-1B visa holder as long as they are in valid status and legally employed by the sponsoring company.

The H-4 visa provides the following provisions:

1. Spouses and unmarried children under 21 years old qualify as H-1B dependents and are eligible for H-4 visas.
2. An H-4 visa holder can enter the U.S. simultaneously with or at any time after the H-1B visa holder.
3. Dependents can remain in the U.S. as long as the principal H-1B visa holder maintains valid status. If the principal's H-1B visa expires, or if they are terminated or laid off from employment, both the principal and the dependents lose their H-1B and H-4 statuses, respectively.
4. H-1B and H-4 visas are nonimmigrant visas and cannot be used as a permanent residency option in the U.S.
5. H-4 visa holders are allowed to travel in and out of the U.S. as long as their visas are valid.
6. H-4 visa holders are not authorized to work in the U.S.
7. H-4 visa holders can attend school in the U.S. as long as they maintain valid status.