USCIS processes family-based petitions filed by U.S. citizens for their spouses, children, parents, and siblings. To file a petition for parents or siblings, the citizen must be at least 21 years old. Each family relationship corresponds to a different category and process.
USCIS considers petitions filed by permanent residents for their spouses and unmarried children. The category and waiting time may vary depending on the child's age and visa availability.
A family-based petition, generally filed using Form I-130, requests that USCIS recognize a family relationship that may serve as the basis for an immigration process. Approval of the petition does not automatically grant residency, a work permit, or immigration status. USCIS Form I-130.
Adjustment of status is the process that allows certain individuals present in the United States in valid status to apply for permanent residence with USCIS without completing the immigration process at a consulate. The availability of this process depends on the requirements established by immigration law. USCIS Information
The timeframe varies depending on the type of petition or application, the responsible office, the family category, visa availability, and—where applicable—processing by the National Visa Center and the consulate.
Form I-765 allows certain individuals to apply for an Employment Authorization Document. Having a pending residency application does not always automatically authorize employment. Eligibility to file this application depends on the applicable immigration category. USCIS Form I-765
Advance Parole is a travel document that certain individuals can apply for using Form I-131 before leaving the United States. Depending on the requirements of each process, it may be available to individuals with a pending adjustment of status application, asylum seekers with a pending Form I-589, individuals with valid DACA or covered by DED, and certain individuals under other humanitarian processes.
In some categories, the travel must have an authorized purpose, such as humanitarian, educational, or work-related reasons. USCIS may also consider urgent requests involving duly documented extraordinary circumstances, such as a serious illness, the death of a family member, or an urgent need for medical treatment.
Leaving the United States without first obtaining the appropriate document may affect or result in the abandonment of a pending application. Furthermore, Advance Parole does not guarantee entry into the country; the final decision is made at the port of entry.
USCIS information on documents and emergency travel | Form I-131
The instructions for each USCIS form specify the required documentation. Depending on the process, passports, birth or marriage certificates, immigration documents, photographs, and financial evidence may be requested. The exact requirements depend on the form and the corresponding category.
USCIS generally issues a receipt notice. Depending on the type of application, it may subsequently schedule a biometrics appointment, issue a request for additional evidence, schedule an interview, or issue a decision.
The status can be checked using the USCIS Case Status Online tool by entering the 13-character receipt number found on the corresponding notice. Case Status Online
The O-1 is a temporary category for individuals with extraordinary ability or recognized achievements in the sciences, education, business, athletics, the arts, motion pictures, or television. The O-1A is primarily used for the sciences, education, business, and athletics, while the O-1B applies to the arts, motion pictures, and television. Official USCIS information
The O-1 petition generally must be filed with USCIS by a U.S. employer or an authorized U.S. agent. The beneficiary does not directly file an O-1 self-petition.
The O-1 is a temporary nonimmigrant category requiring a petition filed by a U.S. employer or agent. The EB-1A is a permanent residence category based on extraordinary ability that allows for self-petitioning. Although both take into account outstanding professional achievements, they have different requirements and processes.
The E-1 visa relates to substantial and continuous trade, primarily between the United States and the treaty country. The E-2 visa applies to individuals who have made a substantial investment in a U.S. enterprise that they will develop and direct. Both require that the individual hold the nationality of a country with an applicable treaty. Official information from the Department of State.
The regulations do not establish a fixed minimum amount. The investment must be substantial in relation to the cost and characteristics of the business, committed and subject to commercial risk, and sufficient to enable the commencement or continuation of operations.
It may be related to the creation of a new company or the purchase of an existing one. The documentation must demonstrate, among other elements, the investment made, ownership and control of the company, the source of funds, and the planned or existing business activity.
The L-1A visa applies to the transfer of high-level executives. It allows a company to transfer an executive or manager who has worked for a related foreign office to the United States. It can be used for an existing U.S. company or to establish a new office in the country. Official USCIS information on L-1A
There must be a recognized corporate relationship, such as parent, subsidiary, affiliate, or branch. Generally, both entities must continue to conduct business activities during the authorized period.
Generally, you must have worked for the related foreign organization for at least one continuous year within the three years prior to entry or the relevant filing. Specific circumstances may affect the period that must be documented.
Yes. The L-1A category allows for the transfer of an executive or manager to establish a new office in the United States. The petition requires, among other things, documentation regarding the premises, the relationship between the companies, the organizational structure, the investment, projected operations, and the new office's capacity to support an executive or managerial position.
The EB-1A is an employment-based immigration category for individuals with extraordinary ability in the sciences, arts, education, business, or athletics. It allows for self-petitioning and does not require a permanent job offer or labor certification, although the individual must demonstrate that they will continue working in their area of expertise. Official USCIS information on EB-1.
The EB-1C is intended for certain multinational managers or executives. It generally requires a U.S. petitioning company, a valid corporate relationship with the foreign company, and the beneficiary's prior experience in managerial or executive roles with the related organization.
The EB-2 NIW is an immigration category for certain professionals holding an advanced degree or individuals with exceptional ability. It must be demonstrated that the proposed work or project has substantial merit and national importance, that the individual is well-positioned to advance it, and that granting the waiver would benefit the United States in areas such as the economy, health, education, science, technology, or culture. Official USCIS information on EB-2
The O-1, E-1, E-2, and L-1A categories allow individuals to live and work temporarily in the United States under specific conditions. The EB-1A, EB-1C, and EB-2 NIW categories are part of immigration processes that can lead to permanent residence. Each category has different requirements, procedures, and processing times.
The timeframe depends on the category, the filing location, the agency's workload, requests for additional evidence, and—in the case of residency processes—visa availability. Some petitions allow for Premium Processing. This service accelerates USCIS processing but does not guarantee approval, nor does it automatically expedite consular processing. Official information on Premium Processing.
Yes, depending on the category. Spouses and unmarried children under the age of 21 may apply for the corresponding derivative classification. In the E and L categories, certain spouses may work in the United States based on their status. O-3 dependents may study but are not authorized to work. For EB-1 and EB-2 applications, the spouse and children may apply for residency as derivative beneficiaries, where applicable.
USCIS approval of a petition and the issuance of a visa by a consulate are distinct stages. An approved petition allows the relevant process to proceed but does not guarantee that the consulate will issue the visa.
A visa is issued by a U.S. embassy or consulate and allows travel to a port of entry to request admission to the United States. A change of status is requested through USCIS while the individual is in the United States maintaining valid nonimmigrant status; it allows for a switch to a different nonimmigrant classification without leaving the country. Approval does not result in a visa being placed in the passport. If the individual subsequently leaves the United States, they will generally need to apply for the appropriate visa before returning under the new classification. Department of State
It depends on the category and the individual's immigration status. If the person is in the United States and the category allows it, they may apply to USCIS for a change or extension of status. If they are outside the country, they generally must complete the visa process at a U.S. embassy or consulate after obtaining USCIS approval, where required. Visas are issued exclusively by consulates.
