My Form I-485 Application Is Pending, What Are the Risks for My Job Change? Hi William: My EB2 National Interest Waiver (NIW) based Form I-140 petition is my employer sponsored. After the EB2 NIW I-140 petition approved by USCIS, my Form I-485 application is pending for more than 180 days. If I want to change job now by using the AC-21 rule, can my employer harm my Form I-485 Green Card application case? and what are the risks for my job change? Answer: The U.S. employer does not control the Form I-485 application process, since it is filed directly by alien employee to USCIS, not filed by U.S. employer. If the Form I-485 application is based on the approved Form I-140 petition in which the employer is a sponsor, the employer can always withdraw or revoke the I-140 petition if they want. If the Form I-140 petition has been approved already, and the Form I-485 has been pending for 180 days, the employer can still revoke the approved Form I-140 petition. However, this does not prevent the pending Form I-485 case from being approved by USCIS. According to USCIS AC-21 rule, an approved Form I-140 petition remains valid once the Form I-485 application has been pending for more than 180 days, even if the employer requests the revocation of the Form I-140 petition. http://www.greencardapply.com/question/question14/Form_I485_AC21_Rule_1122.htm http://www.greencardapply.com/i485.htm

What May Happen for my Form I-485 application, if My Form I-140 Is Rejected? Hi William: I filed a concurrent Form I-140 and Form I-485 petitions in EB2 National Interest Waiver (NIW) immigration category several months ago, as self-petition without my employer's sponsorship. Now, I get a RFE (Request For Evidence) letter from USCIS for my Form I-140 petition, asking for more supporting materials and evidences for my work's benefits for U.S. national interests. Please let me now what may happen for my Form I-485 application if my NIW Form I-140 is rejected after the RFE response? Answer: The concurrent Form I-140 and Form I-485 petitions are supposed to permit the alien applicant a number of benefits, including availability of work permit card (EAD), advance parole for international travel, and similar benefits to the accompanying family members. Under the U.S. immigration law, the Form I-485 application remains intact unless it is denied as separate from the denial of Form I-140 petition. To prevent the abuse of concurrent Form I-140 and Form I-485 filing, the USCIS instructed its Service Centers to deny all the accompanying applications including Form I-485, Form I-485A, From I-765, and Form I-131 simultaneously, when the USCIS Service Centers deny the underlying Form I-140 petition. http://www.greencardapply.com/question/question14/Concurrent_I140_I485_Petitions_1123.htm http://www.greencardapply.com/i485.htm

Use the Publication Citations as Strong Evidence for Your Green Card Application Question As a post-doctor researcher at a U.S. University for more than 3 years, I plan to apply for Green Card in both EB1-Extraordinary Ability (Alien of Extraordinary Ability) and EB2 National Interest Waiver (EB2 NIW) immigrant visa categories with the help of your Green Card DIY application packages. I have over 30 citations for my publications. How could I use my citations as strong evidence for my Green Card application? Answer: When evaluating alien's publication citations and an alien’s research work, U.S. Citizenship and Immigration Services (USCIS) will determine the significance of the alien’s original contribution to the field that resulted in the citations. To use the citations as strong evidence for EB1 or EB2 NIW Green Card application, the alien applicant should establish the publication's circulation and intended audience. Some citations, especially passing citations, do not suffice. Also, articles that cite the alien‘s work as one of multiple footnotes or endnotes are generally not “about” the alien‘s work. USCIS may not be persuaded that citations of an article authored by the alien beneficiary constitute published material about the alien‘s work. The alien applicant should include citation report from an online source (GoogleScholar, SciFinder, or the Web of Science). Citation record can help USCIS understand that the field has acknowledged the alien applicant's research, and original research contribution in the field. In some cases, inclusion of a lengthy list of referenced articles that often accompany published articles might be probative of the alien’s ability, because the alien’s contributions served as a significant, original contribution that spurred the subsequent references and citations. http://www.greencardapply.com/question/question14/Citations_GreenCard_Application_120714.htm http://www.greencardapply.com/ea.htm @@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@

Is O-1 Visa a "Dual Intent" Visa? Can I Apply for U.S. Green Card in O-1 Status? Question: I am in United States in O-1 visa now for more than one year. Is the O-1 visa a "dual intent" visa like H-1B visa or L-1 visa? or can I apply for U.S. Green Card to become a permanent resident of the United States with O-1 status? Answer: The "dual intent" appears to be recognized by USCIS for O-1 extraordinary ability visa holders. While not statutorily recognized as "dual intent" visa like the H-1B visa and L1 visa, the O-1 visa applicants are not required to maintain a residence in the applicant's home country. The U.S. immigration regulations provide that the approval of a permanent Labor Certification or the filing of a immigrant preference visa petition should not be a basis for denying an O-1 visa application, or the extension of stay for O-1 visa holders. However, the "dual intent" provision does not apply to O-2 visa applicants. Unlike the O-1 extraordinary ability nonimmigrant visa, the O-2 visa applicants must satisfy that he or she has a residence abroad, and no intent to abandon that residence in their home country. While an O-1 visa applicant does not have to have a residence in the home country which he or she does not intend to abandon, there must however be an intent to remain on the O-1 visa. Therefore, the foreign national may legally come to U.S. in O-1 visa, and depart U.S. at the end of the authorized stay, and at the same time, seek to apply for U.S. Green Card to become a permanent resident of the United States. http://www.greencardapply.com/question/question14/O1_Visa_Dual_Intent_120814.htm http://www.greencardapply.com/o1visa.htm

The Exceptions to Medical Examination Form I-693 Filing Requirement Question: I did the medical examination in my home country before getting the visa to enter the United States. Do I need to do the Form I-693 medical examination this time, when I file USCIS Form I-485 for adjustment of status in the United States? Answer: Generally, all aliens applying for USCIS Form I-485 for adjustment of status in the United States should file Form I-693 for medical examination. But if an alien applicant has already had a medical examination before as part of an immigration application process within the one year, the alien applicant may not need to do to the medical examination again. For example, if an alien applicant has already had a medical examination done before as a K visa holder or a V visa holder, the alien may not need to do the Form I-693 for medical examination again. Also, if the alien applicant is a refugee, he or she may not need not submit Form I-693 if he or she is applying for adjustment of status one year after the first admission in United States, and there were no medical grounds of inadmissibility during the medical examination in his/her home country. http://www.greencardfamily.com/question/question2014/I693_Medical_Examination_Exception_120714.htm http://www.greencardfamily.com/i485.htm

Can a Widow of U.S. Citizen Apply for Immigrant Visa with Form I-130 by Herself? Question: My friend came to United States last year and married a U.S. Citizen. But she became a widow before her husband could get time to file immigrant visa for her. Can she apply for immigrant visa to get Green Card by herself to stay in United States? Answer: If an alien spouse was married to a U.S. citizen, the alien spouse was in an especially good position to get a Green Card in the United States. Even if the U.S. citizen spouse died before filing the initial visa petition of USCIS Form I-130 for the alien spouse, or before the Form I-130 petition was approved by USCIS. For this kind of situation, the alien spouse may be able to carry on and file the immigrant visa petition of USCIS Form I-360 by herself or himself. Unlike other family beneficiaries, the alien spouse need not have an Affidavit of Support filed on her or him behalf for this situation. But there is a deadline to file the Form I-360. The alien spouse must file the Form I-360 petition no later than two years after the death of the U.S. citizen spouse. http://www.greencardfamily.com/question/question2014/Widow_Application_Form_I130_120814.htm http://www.greencardfamily.com/citizenspouse.htm

What is the procedure for me to get my Green Card after the Form I-140 is approved

Question: My Form I-140 application is still pending, and I may need to go back to my home country to work for a short time. What is the procedure for me to get my Green Card after the Form I-140 is approved if I am outside of the U.S.? Answer: The Consular Processing is a method that you can apply for an immigrant visa at a U.S. consulate overseas after your Form I-140 petition is approved and you are not in U.S. If the Form I-140 petition is approved and you are not in the United States, the USCIS will send the approved Form I-140 petition to the National Visa Center of Department of State. The National Visa Center will send you a notice of receipt. When an immigration visa numbers are available for your classification, the National Visa Center will send you another notice indicating when you should submit the immigrant visa processing fees and supporting documentation. The supporting documentation may include: 1) a copy of Notice of Approval; 2) a copy of your filed I-140 petition; 3) a copy of Notice of Receipt of the I-140 petition; 4) a copy of your valid passport; 5) any criminal history records; 6) a copy of your birth certificate; 7) a copy of your marriage certificate; 8) copies of birth certificates of your children and spouse. After your fees and supporting documentation are received by the National Visa Center, they will send you a packet of forms and instructions to your foreign address. Thereafter, after submission of those forms, the U.S. consulate near your foreign address will send you an appointment letter including instructions for the medical exam, and it will indicate when you must appear at a U.S. consulate for an interview. After the interview, the U.S. consular will review your application, and decide either granting your visa or requesting the USCIS to reconsider your petition. http://www.greencardapply.com/question/question14/Consular_Processing_0621.htm http://www.greencardapply.com/i485.htm

Difference between the Request for Evidence and Notice of Intent to Deny?

What Is the Difference between the Request for Evidence and Notice of Intent to Deny? Question: I recently get a letter of "Notice of Intent to Deny" from USCIS for my Form I-140 application. What is the difference between the Request for Evidence and Notice of Intent to Deny? Answer: A Request for Evidence (RFE) from a USCIS Service Center is that the USCIS adjudicator is requesting additional evidence to address and support specific parts of the pending I-140 petition. The petitioner may have certain days indicated in the RFE notice to respond the requests in the RFE notice. If the petitioner does not respond within the indicated time, the petition may be denied by USCIS. After USCIS receives your response to an RFE notice, further action will generally occur within 60 days, but may take longer for some cases. A Notice of Intent to Deny (NOID) is that the USCIS adjudicator is giving notice that USCIS will deny the pending case, unless you provide certain extra documentation. The petitioner may have certain days indicated in the NOID notice to respond. If the petitioner does not respond within the prescribed period, the petition may be denied. Once the USCIS receives your response to an NOID, further action will generally occur within 60 days, but may take longer. http://www.greencardapply.com/question/question14/Intent_To_Deny_0622.htm http://www.greencardapply.com/rfe.htm

requirements for multinational executives and managers under the EB1 first preference

The basic requirements for multinational executives and managers under the EB1 first preference are as follows: a) the alien must have been employed outside the United States in a managerial or executive capacity for at least one year in the three years prior to the filing of the petition; b) if the worker is currently in the U.S. working for the same prospective U.S. employer, the three year period is the time preceding his or her entry to the U.S. as a non-immigrant; c) the foreign employer must have been the same employer, an affiliate or a subsidiary of the prospective U.S. employer; d) the alien must be coming to the U.S. to work in an executive or managerial capacity; and e) the prospective U.S. employer must have been doing business for at least one year. This means that a multinational executive or manager is the one who has been employed outside the U.S. in a managerial or executive capacity for at least one of the three years immediately preceding the filing of the petition. The U.S. employer must file the petition for the manager or executive. The petition must be accompanied by a statement from the U.S. employer affirming all of the pertinent requirements, including a description of the job duties to be performed by the foreign executive/manager in the United States, the job duties performed by the foreign executive/manager abroad, and the periods of employment by the foreign executive/manager abroad. http://www.greencardapply.com/manager/eb1c-requirement.htm http://www.greencardapply.com/manager.htm

The Requirements for Multinational Executives and Managers Under the EB1 Immigrant Category

1. The Requirements for Multinational Executives and Managers Under the EB1 Immigrant Category To qualify for a Green Card as an EB1 Multinational Executive or Manager, the foreign worker must show that he or she was employed by a company affiliated with the current U.S. employer as an executive or manager outside the U.S. for at least one year out of the three years before the transfer to the United States. The requirements for multinational executives and managers under the immigration first preference are similar to those for executives and managers under the L-1A non-immigrant subcategory. A non-immigrant worker under L-1A status may generally qualify under the immigration first preference category. However, there is no such equivalent of immigration first preference category for the specialized knowledge L-1B workers. http://www.greencardapply.com/manager/eb1c-requirement.htm http://www.greencardapply.com/manager.htm

The National Interest Waiver or NIW

The National Interest Waiver or NIW, is an employment-based, second preference immigration application. It is so named because it asks that the otherwise required Labor Certification requirement be waived "in the U.S. national interest." For applicants with an advanced degree - masters or above, there are three ideal options to apply for a Green Card. These options are in different classifications of Employment-based (EB) immigration, including: · EB1A: Aliens with Extraordinary Ability in science, art, and business (or EB1-EA); · EB1B: Outstanding Researchers and Professors (or EB1-OR); · EB2 NIW: Members of Professions Holding Advanced Degrees Applying for a Waiver of Labor Certification in National Interest (or NIW). Many talented scientists and researchers should have better chances when they apply for an attractive job position. However often times, they failed just because they do not have a U.S. Green Card. Some people with advanced degree do not know how to apply for U.S. Green Card in above three preferred immigration categories, but instead, these people apply for a Labor Certification. However, choosing Labor Certification is not the best strategy for people who may qualify for one of the above three ideal immigration classifications. To qualify for EB2 NIW, an alien applicant needs to demonstrate that his or her work is in the National Interest of United States, and the alien applicant should have an advanced degree and have exceptional ability in sciences, arts or business. The National Interest Waiver Green Card application can either be filed by an alien applicant, or be sponsored by a U.S. employer. An alien applicant may also file additional Green Card applications in other categories, while a National Interest Waiver application is pending. http://www.greencardapply.com/niw/what-is-niw.htm http://www.greencardapply.com/niw.htm

The Outstanding Professors or Researchers EB-1 Subcategory

1. The Outstanding Professors or Researchers EB-1 Subcategory If a foreign national has an international reputation for being outstanding in a particular academic field, that person may, with an offer of work from a U.S. employer, qualify for a Green Card as a priority worker within the outstanding professors and researchers subcategory. The foreign national will have to show at least three years experience at either teaching or research in the relevant academic field. The job offer for which the applicant is coming to the U.S. must be a specific tenured or tenure-track teaching or research position at a university or an institution of higher learning. Or, if the position is at a research organization, it must be a permanent position - showing permanence can be a bit dicey in cases where the position is based on grant money that will run out in a year, but this can be overcome by showing that the employer intends to seek continued funding and that a reasonable expectation of success exists, such as a track record of renewed funding. Not every type of employer can make use of this visa category. It must be a qualified employer, meaning either a university or institution of higher education or a department, division, or institute of a private research entity with at least three full-time researchers on staff. The private U.S. employer will also need to show a history of making significant achievements in research. http://www.greencardapply.com/or/outstanding-researcher.htm http://www.greencardapply.com/or.htm

determine the most appropriate type and fast route to obtain a U.S. Green Card

Obtaining a U.S. Green Card for a priority worker is typically easier than doing so in some of the other employment-based visa categories. The reason is that the employer does not need to start out by attempting to recruit U.S. workers for the job and then seeking Labor Certification (confirmation that no such workers are available) on the employee. The Labor Certification process tends to take many months and involve staggering complexity. In fact, within the subcategories for workers of Extraordinary Ability and National Interest Waiver, the foreign national does not even need a job offer from a U.S. employer at all. Some people with advanced degree do not know how to apply for Green Card in above three preferred categories, but instead, these people apply for a Labor Certification. However, choosing Labor Certification is not the best strategy and quicker way for people who may qualify for one of the above three ideal immigration classifications. An alien should determine the most appropriate type and fast route to obtain a U.S. Green Card. By using the Form I-140 of USCIS (United States Citizenship and Immigration Services), each type of above EB Form I-140 application requires different kind of evidence. Some aliens may qualify for more than one immigrant categories of EB1 or NIW. http://www.greencardapply.com/ea/extraordinary-ability.htm http://www.greencardapply.com

Three Ideal Options for a Green Card Application

1. Three Ideal Options for a Green Card Application Some alien applicants can be exempted from the Labor Certification application requirement, by their extraordinary ability, outstanding research, or their job positions as multi-international executives or managers. Foreign workers with extraordinary ability, outstanding professors and researchers, and transferring executives and managers all receive high priority for U.S. Green Cards. Priority workers fall into the first preference category of U.S. employment-based visas. A visa in this context actually means a Green Card, or lawful permanent residence. Technically speaking, an immigrant visa is what the applicant needs in order to enter the U.S. and become a Green Card holder. Aliens of Extraordinary Ability may be eligible for a First Employment-Based Preference (EB-1A or EB1-EA). A Green Card applicant with extraordinary ability in the arts, sciences, education, business or athletics is eligible for treatment as a priority worker in the EB1 immigration category. For alien applicants with an advanced degree - masters or above, there are three ideal options to apply for a U.S. Green Card. These options are in different immigration classifications in Employment-Based (EB) immigration, which include: · EB-1A: Aliens with Extraordinary Ability in the Sciences, Arts, Education, Business or Athletics (or EB1-EA); · EB-1B: Outstanding Researchers and Outstanding Professors (or EB1-OR); · EB-2 NIW: Members of Professions Holding Advanced Degrees Applying for a Waiver of Labor Certification in National Interest (or NIW). http://www.greencardapply.com/ea/extraordinary-ability.htm http://www.greencardapply.com

work for my L-1B employer after my H-1B status approval

Question: Currently, I am working on a L-1B visa in U.S. I had applied for my H-1B visa through another consulting company, because my L-1B employer would not sponsor my Green Card application. I have got my H-1B status application approved yet. In addition, given the current situation, I am not planning to resign from my present company where I am working with L1B visa, until I get he H-1B approved through the consulting company. My question is: can I continue to work for my L-1B employer after my H-1B status approval? Please help me. Answer: Many people with an nonimmigrant status in United States sign up with another company and have no idea what their obligations and responsibilities are. These people may think "I want an H-1B status or visa because of the Green Card application and my L-1 employer would not sponsor me." But H-1B visa or status are not supposed to be obtained as an option for employment at some point in the future convenience of Green Card application. The H-1B petitions are supposed to be filed for specific job openings, not speculative employment. If a H-1B application is filed in United States for requesting "Change of Status" and the alien applicant is given a Form I-797A with new I-94 card at the bottom, as opposed to Form I-797B with a request for U.S. Consular Notification abroad. After the H-1B status change approval in United States, the alien applicant can only work for the H-1B employer, and can no longer work for the L-1B employer. In another words, an alien worker definitely cannot have 2 nonimmigrant status (L-1B and H-1B in this case) in the U.S. at the same time, although an alien can potentially have 2 H-1B employers at the same time. http://www.greencardapply.com/question/question14/L1B_Change_H1B_0512.htm http://www.greencardapply.com

can I apply for O-1 visa as an alien of extraordinary ability in the arts?

Question: I am an well recognized Costume Designer, can I apply for O-1 visa as an alien of extraordinary ability in the arts? Thank you. Answer: When applying for an O-1 visa as an alien of extraordinary ability in the arts, the alien applicants should make sure that their work fits the immigration law’s definition of art. The USCIS regulations define the art very broadly, which includes "any field of creative activity or endeavor such as fine arts, visual arts, culinary arts, and performing arts." The alien applicants engaged in the field of arts include the principal creators and performers, and also essential persons such as directors, set designers, lighting designers, sound designers, choreographers, choreologists, conductors, orchestrators, coaches, arrangers, musical supervisors, costume designers, makeup artists, flight masters, stage technicians, and animal trainers. The O-1 visa applicants must come to the United States to perform in the area of extraordinary ability. They must be recognized as prominent in the field of endeavor. To demonstrate such recognition, the alien applicant need to supply documents showing that he / she has been recognized for the contribution in the field. http://www.greencardapply.com/question/question14/O1_Extraordinary_Ability_Arts_0513.htm http://www.greencardapply.com

I need to bring my wife from a foreign country to United States

Question: As a U.S. citizen, I need to bring my wife from a foreign country to United States. We have married 6 months in her country. I will file Form I-130 soon for her immigration visa number application. Do I need to file Form I-129F for her K-3 visa after the Form I-130 approval? Answer: The purpose of the K-3 visa category was used to provide a faster avenue for the immigration of spouses of U.S. citizens, if the foreign national resided abroad. The K-3 visa application requires both Form I-130 and Form I-129F filing. The K-3 nonimmigrant petition for the spouse of a U.S. citizen must be preceded by the filing of the I-130 immediate relative petition. There is no need to wait for a decision on the I-130 to file Form I-129F, it must simply be filed. The K-3 case is filed using Form I-129F, as is the K-1 for fiancé/fiancée. Prior to the creation of the K-3 category, the only option was the I-130 petition for immediate relative. The processing times for I-130s, combined with the waiting times for interviews at the consulates, often left couples separated for more than a year. The K-3 processing with Form I-129F was supposed to be much faster than the I-130 approval, and thus, was an attractive option for many couples in this situation, and the U.S. citizen's spouse can wait for the Form I-130 result inside the United States. http://www.greencardfamily.com/question/question2014/K3_Citizen_Spouse_0519.htm http://www.greencardfamily.com

Form I-130 for my spouses and minor children

Question When I filed Form I-130 for my spouses and minor children several years ago, I was U.S. permanent residents. About 6 months ago, I naturalized to U.S. citizenship and relocated to another state. But for near one year, I never got any message from USCIS, for my pending I-130 case. Do you know what is wrong? and what should I do? Answer: For family-based immigration, the Family 2A category is for spouses and minor children of U.S. permanent residents. The immigration visa number's waiting time could be long for this category - sometimes waiting for several years. Thus it is difficult for USCIS or DOS to communicate with petitioning relatives who have since relocated. Also, for some cases, USCIS may issue Request For Evidence (RFE) notice for cases that have not been approved. When so much time has elapsed since the Form I-130 petition was initially filed, USCIS' mails may go to addresses that are long-since out of date. Many Form I-130 petitioners frequently are unaware of the need to update USCIS records when they change addresses. This is often the case for some petitioner who have forgot to file Form AR-11 to notify the USCIS for address change. This is particularly so for U.S. citizens who are no longer subject to Form AR-11change-of-address requirements, since many I-130 petitioners filed as permanent residents, but naturalized to U.S. citizenship after filing. Therefore, USCIS always wishes to remind petitioners of the need to update the USCIS records regarding address changes. http://www.greencardfamily.com/question/question2014/Form_AR11_Address_Changes_0520.htm http://www.greencardfamily.com

"Two-Step Approach" Form I-140 Petitions Evaluation

USCIS has issued a Policy Memorandum for "Two-Step Approach" Form I-140 Petitions Evaluation. This Policy Memorandum provides guidance regarding the analysis that Immigration Service Officers must use in adjudicating Form I-140, Immigrant Petition for Alien Worker, filed for: EB1 - Extraordinary Ability petitions, EB1 - Outstanding Professor or Researcher petitions, and Aliens of Exceptional Ability, including EB2 NIW petitions. Once USCIS determines that the petitioner has provided satisfactory evidence for the requisite number of prongs, the second phase of review requires the adjudicator to weigh the evidence against the required high level of expertise for the visa category. It is in the second phase of the review where the evidence can be evaluated to see if, cumulatively, it proves by a preponderance of the evidence that the applicant or beneficiary is at the very top of his or her field of endeavor. For your case, you need to work on the criterion of academic contribution in your field. A good way is to run a new report of your paper's citation number. You also need to prove that you are one of that small percentage who has risen to the top of the field of endeavor and, and you have sustained national or international acclaim. http://www.greencardapply.com/question/question14/EB1A-Two-Step-Approach_0401.htm

The Immigration Medical Examination (Form I-693) for I-485 Application of Status Adjustment

You have an appointment for immigration medical examination next week, for my I-485 application of status adjustment. What is the purpose of the exam? and how to submit the exam result to USCIS? Answer: A medical examination is a general requirement for an alien immigrant. The main purpose of the immigration medical examination is to make sure that the alien immigrant is admissible for not having a significant physical diseases or mental disorder of public health. For example, the tuberculosis can be a problem for immigration examination, which could be communicable or not be cured for a short time. The doctor may also ask you some questions, take a chest X-ray, and draw blood. After the examination, the doctor should fill Form I-693 - Report of Medical Examination and Vaccination Record, to document the results of your medical exam. The doctor should sign the Form I-693, and seal the form in an envelope. You must submit the sealed envelope to USCIS, together with your other I-485 application documents. http://www.greencardfamily.com/question/question2013/Medical-Examination_1208.htm

Questions of How to File an Online Form DS-160 for K Visa Application

I have a question of how to file an online Form DS-160 for my K visa application. I have a minor criminal issue in my country, and currently have no job. Do I have to put the information in the Form DS-160? Answer: The form DS-160 is for non-immigration application and for K visa application. It will ask the visa applicant to provide the current employment information, and the history of employment in the past five years. In addition to the history of U.S. travel, it will also ask the applicant to provide his or her travel history to all other foreign countries in the past five years, including names, years, and visits. If the visa applicant has relatives in the United States, the applicant should also list relatives in the United States, including those who are U.S. citizens or U.S. permanent residents. In the form DS-160, there are several questions about past immigration information, or possible criminal violations, and any other inadmissibility issues. If the alien applicant has been denied visas or refused entry to the U.S., the dates and details of those events also need to be provided. http://www.greencardfamily.com/question/question2013/Form-DS160-Questions_1209.htm

Green Card Application for U.S. Citizen Spouse Over-Stayed in U.S. Illegally

I am U.S. citizen, my fiancée is from a foreign country. She came to United States as a tourist and over-stayed illegally for more than 7 months. We would like to get married in U.S. soon. Please help me for what I need to do. Answer: A green card application is available to any non-citizen who has married a citizen of the United States. Spouses of U.S. citizens are afforded more rights than other applicants for green cards, and can normally obtain a green card more rapidly than other immigrant applicants. These applications can be processed more rapidly than most other cases. Because you are a U.S. citizen and your fiancée was inspected by USCIS when she entered the U.S. as a tourist, she will be eligible to process her immigration application here in U.S. once you are married. Please check our web pages at http://www.greencardfamily.com/citizenspouse.htm, for how to apply for Green Card for you wife after youmarriage. http://www.greencardfamily.com/question/question2014/Wife-Green-Card_0111.htm

Immigrant Visa Application for U.S. Permanent Resident's Wife

Recently I married a U.S. Permanent Resident (Green Card holder) in my country. Please let me know how could I get U.S. immigrant visa to enter U.S. as a permanent resident? Answer: First, your husband needs to file Form I-130 Petition for Alien Relative for you. This petition should be filed accompanied by proof of your marriage, and the USCIS must approve the immigrant visa petition. Then, the U.S. Department of State must determine if an immigrant visa number is immediately available to you as the foreign national. You can check the status of an immigrant visa number in the U.S. Department of State’s Visa Bulletin. When an immigrant visa number becomes available for you, you should go to the U.S. consulate servicing the area in which you reside to complete your processing. Your husband should prove that he can support you at 125% above the mandated poverty line. http://www.greencardfamily.com/question/question2014/Immigrant-Visa-Application_0112.htm

Conditional Permanent Resident Status for Children of Alien Parent

My son and I have U.S. Green Card based on my marriage to U.S. citizen husband. We are now conditional permanent residents. It is true that the conditional Green Card will expires after two years for my son also, unless necessary steps are taken? Answer: Aliens who obtain permanent residence (Green Card) based upon a petition filed by a U.S. citizen spouse may be subject to conditional residence status for two years. Permanent residence will be conditional, if the duration of the marriage has been less than two years at the time permanent residence is granted. This means that it will expire after two years, unless the Form I-751 is filed and approved. This allows the USCIS to double check and reassess whether the marriage was real at the time of its inception. This same conditional grant of permanent residence is extended to children who obtain permanent residence based upon the marriage of that parent to a U.S. citizen, when the marriage is less than two years in duration. If the parent's marriage is not real, then the children of the alien can not obtain any immigration benefits as the result of the marriage. http://www.greencardfamily.com/question/question2014/Conditional-Permanent-Resident-Status_0217.htm

The Expedite "Aging-Out Process" for Child Green Card Application

The Expedite "Aging-Out Process" for Child Green Card Application Question: I am a family-based new immigrant. I will send out my I-1485 application to USCIS very soon. I have a 20 years son who will be included in my I-1485 application. I am worry about that he may reach 21 years old before the I-1485 approval. Could you please give me some idea about the "aging-out process"? Answer: If one of dependent child is about to reach 21 years of age and seeks immigrant status as the dependent beneficiary of either family-based or employment-based or for that matter, any other basis, it is the USCIS practice to take such case as the "top priority" case and expedite the process so that the green card applications for the entire family are adjudicated before the child reaches 21 years of age. Consequently, not only the aging out child but also the parents and other siblings receive "expedite" processing and cases are approved in a fairly short period of time. This aging-out expedite process has been available in the USCIS. Currently, aging-out expedite works well in the family-based proceedings. Such aging-out expedite works at the USCIS local district office one-step I-130/I-485 proceedings. The USCIS district offices approves I-485 applications for the entire family members in the event that a child will reach 21 years of age in a few months. http://www.greencardfamily.com/question/question2014/Expedite-Aging-Out-Process_0218.htm

The Background Check Process for I-485 Application

Question: I applied for U.S. Green Card for my husband, the Form I-130 has been approved. We were told that the I-485 application is in the process of background checks by FBI, after their fingerprinting. What is the background check process, and how long it may take? Answer: All applicants for a U.S. immigration benefit are subject to criminal and national security background checks to ensure they are eligible for that benefit. U.S. Citizenship and Immigration Services (USCIS), the Federal agency that oversees immigration benefits, performs checks on every applicant, regardless of ethnicity, national origin or religion. FBI name checks are also required for many applications. The FBI name check is totally different from the FBI fingerprint check. The records maintained in the FBI name check process consist of administrative, applicant, criminal, personnel and other files compiled by law enforcement. Initial responses to this check generally take about two weeks. In about 80 percent of the cases, no match is found. Of the remaining 20 percent, most are resolved within six months. Less than one percent of cases subject to an FBI name check remain pending longer than six months. Some of these cases involve complex, highly sensitive information and cannot be resolved quickly. Even after FBI has provided an initial response to USCIS concerning a match, the name check is not complete until full information is obtained and eligibility issues arising from it are resolved. http://www.greencardfamily.com/question/question2014/I485-Background-Check_0317.htm

The Requirements for Sponsor of a Family Based Immigration Petition

Question: I am U.S. citizen. My fiancee is from a foreign country. She came here as a tourist, and over-stayed now for 7 months. We would like to get married soon, but I don not know how or what I need to do as a sponsor to apply for a Green Card for her. What are the requirements for sponsor of a family based immigration petition? Please Help me. Answer: Because you are a U.S. citizen and your fiancee was inspected when she entered the U.S., she will be eligible to file her Green Card application inside United States, once you are married. A U.S. citizen or legal permanent resident can be the sponsor of a family based immigration petition. However, the sponsor has to meet some requirements and legal obligations. The sponsor has to execute a legally binding affidavit of support for the beneficiary, in which the sponsor guarantees to maintain the standard of living of the intending immigrant at a level not lower than 125% of the national poverty level. This obligation continues until the beneficiary has become a U.S. citizen, or has worked in the United States for 40 qualifying quarters. http://www.greencardfamily.com/question/question2014/Requirements-Sponsor_0318.htm

How Can My Fiancé Get a Visa to Enter U.S. to Get Married with Me?

How Can My Fiancé Get a Visa to Enter U.S. to Get Married with Me? Question: My fiancée and I are not married yet. How can my fiancé get a visa to enter U.S. to get married with me? Answer: A K-1 visa or fiancée visa gives permission for an foreign fiancée or fiancé to enter U.S. to get married. To get a K-1 visa, the U.S. citizen needs to file a K-1 visa application with Form I-129F to the USCIS (U.S. Citizenship and Immigration Services). If the Form I-129F is approved by USCIS, the documents will be forwarded to the U.S. consulate in the foreign fiancée's / fiancé's home country for review. An interview with the K-1 applicant will be scheduled to take place at the U.S. consulate. A K-1 visa will be issued if the interview goes well. After the K-1 visa is issued, the fiancée or fiancé has 6 months to enter the United States, and then have another 90 days to get married in the United States. If the foreign fiancée/fiancé wants to get a U.S. Green Card (adjusting status in U.S.), the official government issued marriage certificate is needed to submit the Form I-485 application - adjustment of status. http://www.greencardfamily.com/question/question2014/K1_Fiance_Visa_0421.htm

The Availability of a Visa Number, and the Process for Adjusting Status

Question: I am U.S. citizen. My son is in U.S. and he has married. How could he adjusts his status in U.S. if the Form I-130 is approved for him? In another words, what is the availability of a visa number for him? and what is the process for adjusting status for him? Answer: To adjust status in the United States or to get U.S. Green Card, an immigrant visa number must be readily available to the alien immigrant. Each year, a certain number of immigrant visas are available for alien immigrants. The available immigrant visa numbers and their current "priority dates" can be checked at the monthly Visa Bulletin issued by the U.S. Department of State. The Priority Date is the date on which an immigrant visa petition is filed with the USCIS. Therefore, an alien immigrant can apply to adjust status only when his or her priority date is "current". The immediate relatives of U.S. Citizens are exempted from this requirement as they are not subject to the immigrant visa quota system. But other relatives of U.S. Citizens, such as U.S. citizen's married child or U.S. citizen's brother or sister, are subject to the immigrant visa quota system. By filing USCIS form I-485 - Application to Register Permanent Residence of Adjust Status, an alien immigrant can adjust his or her status to a lawful permanent resident within the United States, if the alien immigrant can meets the requirements and is not subject to any ground of inadmissibility. Also, the alien immigrant needs to submit other mandatory governmental forms, relevant documents, and application fees to USCIS. http://www.greencardfamily.com/question/question2014/I485_Adjusting_Status_0422.htm

What I should know for this kind of L-1A extension RFE?

My employer filed a renewal application for my L-1A visa, and we got a notice of Request for Additional Evidence from USCIS Vermont Service Center. The RFE requests include the organizational charts of my employer in and outside U.S., and my position in the charts. What I should know for this kind of L-1A extension RFE? Answer: To replying the REF requests, the organizational charts are important pieces of the L-1 visa application or L-1 visa extension. Every company should submit two organization charts, one for the home country office and the other for the company in the U.S. They are especially important when the company seeks to send an executive or a manager to the U.S. on an L-1A visa. When transferring persons from higher company ranks, the role of the organization chart is to show that the concerned person is an executive or a manager, and to present a clear view to USCIS about the company’s personnel expansion plans in the new U.S. office. When it comes to RFE request of organization charts, creativity is highly discouraged and the best organization charts are those that provide a clear hierarchical view of the company’s leadership from top to bottom. One common problem in making organization charts is that companies often insist on including department or divisions on the chart. This should be avoided, because it only provides a confusing picture to USCIS. The various departments or divisions should be represented by its personnel on the chart and not as separate entities by the name of the division. The idea behind the organization chart as used in the immigration context is to show the personnel reporting structure in your home company and the U.S. entity. http://www.greencardapply.com/question/question14/L1A-Organizational-Chart_0408.htm

choosing different Green Card application categories

I have worked for my current employer about 2 years with H-1B visa. When I ask my company to support my green card application, my employer hired lawyer wants to file a Labor Certification for me. I think it may take too long for Labor Certification application, so I discussed the option of National Interest Waiver (NIW) application with the lawyer. But he still think the NIW may not good for me. What I should do? Answer: When choosing different Green Card application categories, the Labor Certification may be considered. However, the Labor Certification process is long to get approval. Thus, serious thought could be given to the petition of EB-1 or NIW, according to an applicant's qualification. If you believe that you could meet the qualification requirements of EB1 or NIW, applying Green Card through Labor Certification should not be your first choice. Another option is to file two petitions at the same time - a petition based on Labor Certification, and another petition based on NIW or EB-1. http://www.greencardapply.com

self-petition or employer-petition EB1-Extraordinary Ability petition

After I get my Green Card in self-petition EB1-Extraordinary Ability, do I still have to stay in the same or similar field? Also, as a derivative beneficiary, if my wife wants to change her job, does she has to stay in the same or similar field also? Answer: For self-petition or employer-petition EB1-Extraordinary Ability petition, if you were granted a U.S. Permanent Resident status because of your extraordinary ability in a field, you may want to work in the field at least for a while after your Green Card petition approval. It is not recommended that you change job quickly. For your wife, since she is not the direct beneficiary of the EB1-EA I-140 petition, she is not subject to the requirement of any specific employment. Before obtaining her Green Card and with a valid EAD, she can work for any job and anywhere. After receiving her Green Card, she can also change job at any time. http://www.greencardapply.com/question/question14/EB1A-GreenCard-Approval_0331.htm

How Could I Reply the RFE Request for my NIW Application?

Question: I recently received a Request For Evidence for my NIW application, with the question of NYSDOT third prong of "whether a foreign national’s work benefits the national interest so much as to outweigh the competing interest in preserving the labor certification process." How could I understand and reply this request in my RFE response? Answer: The RFE process creates the opportunity for an alien applicant to emphasize evidence already in the record that the USCIS adjudicator may not have fully considered, to clear up misunderstandings, and to clarify issues and facts. The RFE also give an opportunity for alien applicants to provide additional evidence through the RFE process. The NYSDOT third prong of EB2-National Interest Waiver petition is difficult to satisfy in light of the USCIS bias toward the Labor Certification process. For this test, the alien applicant needs to prove that the alien’s work benefits the national interest so much as to outweigh the competing interest in preserving the labor certification process in that case. Undoubtedly this test would take into account many factors, most of which would be difficult to objectively measure or quantify. On the one hand, a researcher who develops a vaccine for HIV would probably outweigh the interest in preserving the job for a minimally qualified U.S. researcher who did not make this discovery. Here, strong testimonial letters are key to a successful RFE response. USCIS requires that a foreign national must present national benefits so great as to outweigh the national interest in preserving U.S. jobs for U.S. workers through the Labor Certification process. http://www.greencardapply.com/question/question14/NIW-RFE-Reaponse_0317.htm

Two-Step Approach" Form I-140 Petitions Evaluation.

I applied the EB1-Extraordinary Ability petition. I recently got RFE (Request For Evidence) for my petition which said that "the evidence does not demonstrate how your field has changed as a results of your work beyond the incremental improvements in knowledge and understanding expected from valid original research. Additionally, the evidence does not demonstrate that your work has been adopted by many or that your work has led to company investments in new products or processes." It looks like that USCIS used the much strict "Two-Step Approach" for my case. I claimed 3 EB1A criteria: authorship, contribution and review. I meet the requirements of authorship and review, but not the contribution. What should I do? Answer: USCIS has issued a Policy Memorandum for "Two-Step Approach" Form I-140 Petitions Evaluation. This Policy Memorandum provides guidance regarding the analysis that Immigration Service Officers must use in adjudicating Form I-140, Immigrant Petition for Alien Worker, filed for: EB1 - Extraordinary Ability petitions, EB1 - Outstanding Professor or Researcher petitions, and Aliens of Exceptional Ability, including EB2 NIW petitions. Once USCIS determines that the petitioner has provided satisfactory evidence for the requisite number of prongs, the second phase of review requires the adjudicator to weigh the evidence against the required high level of expertise for the visa category. It is in the second phase of the review where the evidence can be evaluated to see if, cumulatively, it proves by a preponderance of the evidence that the applicant or beneficiary is at the very top of his or her field of endeavor. For your case, you need to work on the criterion of academic contribution in your field. A good way is to run a new report of your paper's citation number. You also need to prove that you are one of that small percentage who has risen to the top of the field of endeavor and, and you have sustained national or international acclaim. http://www.greencardapply.com/question/question14/EB1A-Two-Step-Approach_0401.htm

EB2 Outstanding Professors or Researchers Green Card Application

I like to apply for Green Card in the category of EB1 Outstanding Researcher. As a researcher with Ph.D. working in a small company, the EB1 Extraordinary Ability category may be difficult for me, and the waiting time for EB2 National Interest Waiver category is longer for my country. But I am not sure if my employer (less than 20 employees) can use of this EB1 Outstanding Researcher visa category. Any suggestion? Thank you. Answer: To qualify for a U.S. Green Card in the EB2 Outstanding Professors or Researchers category, the alien applicant should have an international reputation for being outstanding in an academic field, and have an job offer from a U.S. employer. Also, the foreign alien should have at least three years experience at either teaching or research in the relevant academic field. Not every employer can use the EB2 Outstanding Professors or Researchers category. The U.S. employer must be a qualified employer, which can be either a university or institution of higher education, or a department, division, or institute of a private research entity with at least three full-time researchers on staff. Also, the private U.S. employer will need to show a history of significant research achievements http://www.greencardapply.com/question/question14/EB1B-Qualified-Employer_0302.htm

what is difference between O-1 and other employment related nonimmigrant status,

What is the major differences between O-1 visa and EB1-Extraordinary Ability application? and what is difference between O-1 and other employment related nonimmigrant status, such as H-1B? Answer: The requirements for O-1 visa or status are similar to those for the EB1 Extraordinary Ability (EB-1A or EB1-EA), employment based permanent residence category. The difference is that the O-1 visa applies to those aliens seeking a non-immigrant status, while the EB-1A standard is for those seeking permanent immigrant status. The O-1 visa is distinguished from other employment related statuses in that it applies to more types of work than other areas. For instance, H-1B status is limited to foreign professionals with at least a bachelor's degree for a specialty occupation, which cannot apply to alien artists, athletes or entertainers without such educational background. However, such as artists, athletes or entertainers can apply for O-1 visa or O-1 status. Moreover, the requirements of O-1 are much higher than that of H-1B. Also, O-1 visa could be obtained by those in H-1B status who have exhausted the full-authorized stay of 6 years. http://www.greencardapply.com/question/question14/O1-Visa-Difference_0318.htm 

what are the other J-1 waiver options?

I am a J-1 visa holder and want to obtain an “agency request“ J-1 waiver. Do I have to be employed in a U.S. government agency to file the agency request J-1 waiver? and what are the other J-1 waiver options? Answer: If a U.S. government agency believe that the J- visa exchange visitor's departure would be detrimental to a program or activity of interest to the U.S. government agency, it may request a J-1 waiver on behalf of the alien visitor. The J-1 exchange visitor can be employed by either a private employer or a U.S. government agency. An J-1 visa holder object to the 2-year foreign residence requirement can file an J-1 waiver application on the following bases. 1) A J-1 waiver may be requested by a U.S. governmental agency on behalf of the J-1 visitor. It should be beneficial to the U.S. security interests, or to that of the public good. 2) A J-1 waiver may be obtained when the 2-year foreign residence requirement would result in exceptional hardship to the U.S. citizen or permanent resident spouse or child. 3) If the J-1 visitor can show that he or she would be subject to persecution in the home country on the basis of race, religion, political opinion, nationality, or membership. 4) The J-1 visitor's home government issues a letter of “no objection “ to the exchange visitor's remaining in the United States. But a foreign medical graduates are not eligible for the “no objection“ J-1 waiver. http://www.greencardapply.com/ http://www.greencardapply.com/question/question.htm

How Do I Get Employment Authorization for My Wife As Soon As Possible?

I have not filed the I-485 application yet, but I need to apply for the Work Permit for my wife. How do I get employment authorization for her as soon as possible. Answer: To get the work permit or employment authorization, the Form I-765, Application for Employment Authorization, should be filed with the United States Citizenship and Immigration Services (USCIS). Generally, the employment authorization application should be filed together with Form I-485 application for adjustment of status simultaneously, without paying the Form I-765 application fee. But if the employment authorization Form I-765 is filed separately with the Form I-485 application, an Form I-765 application fee should be paid to USCIS. http://www.greencardapply.com/question/question14/Work-Permit-Application_0310.htm

What Are the Requirements and Advantages for a P Visa?

I have a short term contract to perform in U.S. with an entertainment company. I do not know exactly which visa type is good for my situation. I am considering the P visa or O visa. What are the requirements and advantages for a P visa? Answer: P visa is a U.S. work visa, and it is available to outstanding athletes, athletic teams, and entertainment companies with a job offer from a U.S. employer. There is no annual limit for the number of people who can receive P visa. The P visas will be granted for the length of time needed to complete a particular event, up to a maximum of one year. However, P-1 athletes may be admitted for a period of up to five years, with one extension of up to five years. The key features of the P visa and some of the advantages/disadvantages of the P visa include: The P visa holder can work legally in the U.S. for the P visa sponsor. If the alien wants to change jobs, getting a new viswill be necessary; P visas can be issued relatively quickly; A P visa holder may travel in and out of the U.S. or stay continuously for as long as the P visa and status are valid; A spouse and unmarried children under age 21 may receive P-4 visas to accompany the P visa holder, but they may not accept employment in U.S.; P visa holder's essential support personnel may also be granted P visa. http://www.greencardapply.com/question/question14/P-Visa-Advantages_0223.htm

major differences between O-1 visa and EB1-Extraordinary Ability application

The requirements for O-1 visa or status are similar to those for the EB1 Extraordinary Ability (EB-1A or EB1-EA), employmentbased permanent residence category. The difference is that the O-1 visa applies to those aliens seeking a non-immigrant status, while the EB-1A standard is for those seeking permanent immigrant status. The O-1 visa is distinguished from other employment related statuses in that it applies to more types of work than other areas. For instance, H-1B status is limited to foreign professionals with at least a bachelor's degree for a specialty occupation, which cannot apply to alien artists, athletes or entertainers without such educational background. However, such as artists, athletes or entertainers can apply for O-1 visa or O-1 status. Moreover, the requirements of O-1 are much higher than that of H-1B. Also, O-1 visa could be obtained by those in H-1B status who have exhausted the full-authorized stay of 6 years. http://www.greencardapply.com/question/question14/O1-Visa-Difference_0318.htm

choosing different Green Card application categories

I have worked for my current employer about 2 years with H-1B visa. When I ask my company to support my green card application, my employer hired lawyer wants to file a Labor Certification for me. I think it may take too long for Labor Certification application, so I discussed the option of National Interest Waiver (NIW) application with the lawyer. But he still think the NIW may not good for me. What I should do? Answer: When choosing different Green Card application categories, the Labor Certification may be considered. However, the Labor Certification process is long to get approval. Thus, serious thought could be given to the petition of EB-1 or NIW, according to an applicant's qualification. If you believe that you could meet the qualification requirements of EB1 or NIW, applying Green Card through Labor Certification should not be your first choice. Another option is to file two petitions at the same time - a petition based onLabor Certification, and another petition based on NIW or EB-1. http://www.greencardapply.com/ http://www.greencardapply.com/question/question.htm

how could I get the "advisory opinion"?

I want to file an O-1 visa application with the help of an U.S. employer. I am a visual artist. Do I need to get an "advisory opinion" to file an O-1 visa application? and how could I get the "advisory opinion"? Thank you. Answer: To file an O-1 visa application, an Advisory Opinion should be be accompanied the O-1 visa application documents. The U.S. employer should consult with an appropriate peer group, labor organization, or management organization in the area of the alien's outstanding ability to get the advisory opinion for the alien beneficiary. Generally, a written advisory opinion should be obtained from the appropriate consulting entity with expertise in the alien beneficiary's field. But an advisory opinion may not be required if the petitioner could prove that an appropriate consulting entity does not exist to provide Advisory Opinion. Also, if the petitioner is requesting expeditious handling of the O-1 visa application, an advisory opinion from an appropriate consulting entity may not be submitted with the application documents. The expeditious handling could be granted with regard to O-1 visa application on behalf of an alien who will be employed in the fields of art, entertainment, or athletics. http://www.greencardapply.com/question/question14/O1_Visa_Advisory_Opinion_0417.htm

How Do I Get Employment Authorization for My Wife As Soon As Possible?

To get the work permit or employment authorization, the Form I-765, Application for Employment Authorization, should be filed with the United States Citizenship and Immigration Services (USCIS). Generally, the employment authorization application should be filed together with Form I-485 application for adjustment of status simultaneously, without paying the Form I-765 application fee. But if the employment authorization Form I-765 is filed separately with the Form I-485 application, an Form I-765 application fee should be paid to USCIS. http://www.greencardapply.com/question/question14/Work-Permit-Application_0310.htm

How Could I Get Reference Letter from Independent and Well-Recognized Expert for EB-1A Application

According to USCIS, the reference letter should come from independent and well-recognized expert, based upon his/her review of the documents that are submitted with the EB1 Extraordinary Ability application. By "independent", the USCIS means an expert with whom the alien application has not worked before - not an employer, colleague, advisor, or client. By "well-recognized", the USCIS means a well-credentialed expert with lengthy experience in the field of endeavor. The experience should include an advanced degree, more than ten years of experience in the field, a lengthy publication and presentation record. Not every EB-1A application case needs the reference letter from "independent" and "well-recognized expert", especially when the alien applicant has Ph.D. degree and a lengthy publication record and several wards, which could distinguish the alien applicant from other individuals in the field. http://www.greencardapply.com/question/question14/Independent-Reference-Letters_0303.htm 

Can I Work for an Employer Other than the L-1 Visa Sponsor?

The L-1 visa holder should only work for the U.S. employer which is the L-1 visa sponsor. The L-1 visa employer should be a parent, branch, subsidiary, or affiliate that employed the L-1 visa holder outside the U.S. Generally, the L-1 visa holder is expected to work full-time in United States. But the alien can also work less than full-time, if he or she uses a major portion of time to the job. The L-1 visa holder can travel out of the United States before the L-1 status expires; and the L-1 visa holder's spouse can apply for employment authorization to work in U.S. http://www.greencardapply.com/question/question14/L1-Visa-Sponsor_0309.htm 

What Are the Requirements and Advantages for a P Visa?

What Are the Requirements and Advantages for a P Visa? Question: I have a short term contract to perform in U.S. with an entertainment company. I do not know exactly which visa type is good for my situation. I am considering the P visa or O visa. What are the requirements and advantages for a P visa? Answer: P visa is a U.S. work visa, and it is available to outstanding athletes, athletic teams, and entertainment companies with a job offer from a U.S. employer. There is no annual limit for the number of people who can receive P visa. The P visas will be granted for the length of time needed to complete a particular event, up to a maximum of one year. However, P-1 athletes may be admitted for a period of up to five years, with one extension of up to five years. The key features of the P visa and some of the advantages/disadvantages of the P visa include: The P visa holder can work legally in the U.S. for the P visa sponsor. If the alien wants to change jobs, getting a new visa will be necessary; P visas can be issued relatively quickly; A P visa holder may travel in and out of the U.S. or stay continuously for as long as the P visa and status are valid; A spouse and unmarried children under age 21 may receive P-4 visas to accompany the P visa holder, but they may not accept employment in U.S.; P visa holder's essential support personnel may also be granted P visa. http://www.greencardapply.com/question/question14/P-Visa-Advantages_0223.htm