LAW OFFICES OF

Frequently Asked Questions (FAQs)

Q. Who may obtain H-1B status?
A. H-1B nonimmigrant status is available for individuals who are coming into the United States temporarily to perform services as a professional in a specialty occupation. Nonimmigrants who are currently in the United States in a legal visa status may be eligible to change to H-1B status. A H-1B petition must be filed by a U.S. employer on behalf of the intended employee.

Q. What is a specialty occupation?
A. A specialty occupation is defined as one that requires a "theoretical and practical application of a body of highly specialized knowledge." The position must require a bachelor's or higher degree (or foreign equivalent).

Q. What is involved in applying for H-1B status?
A. An employer must first file a Labor Condition Application (LCA) with the U.S. Department of Labor (DOL). Upon receipt of the approved LCA, the employer must then file the Form I-129, Petition for Nonimmigrant Worker, with the H Supplement, supporting documentation, and a copy of the approved LCA with United States Citizenship and Immigration Service (USCIS). Upon approval, the employee may apply for an H-1B visa at a U.S. Consulate.

Q. What are the filing fees for H-1B status?
A. The filing fee is U.S. $185.00. In addition, if faster adjudication is desired, USCIS provides and option to pay an extra fee of $1000.00 and obtain "premium processing" of an H-1B petition, which guarantees adjudication within 15 calendar days of the filing date.

Q. What documentation is required to file a petition for H-1B status?
A. The following documentation is required:

• An approved LCA from the DOL.
• Documentation that the job qualifies as a specialty occupation.
• A copy of the individual's U.S. college degree (bachelor, master or Ph.D.) and/or a foreign degree with evidence that it is equivalent to a U.S. bachelor's degree or higher. (A combination of education, specialized training, or experience that is equivalent to a U.S. bachelor's degree may be submitted to meet this requirement.)
• A copy of any required license to practice the occupation in the state of intended employment.
• A copy of any written contract between the employer and the alien or a summary of the terms under which the individual will be employed.

Q. How may an individual determine if a foreign degree is equivalent to a U.S. degree?
A. An individual may request an evaluation from a reputable credentialing agency.

Q. Is there a certain wage that must be paid to an H-1B employee?
A. Yes. The wage paid to an H-1B employee must be the higher of 1) the "prevailing wage" (generally, the average wage for the occupation in the geographic area in which the employee will be employed, or the wage set by a union contract for the position) or 2) the "actual wage" (the wage paid by the employer to other employees in the occupation with similar qualifications).

Q. How does an employer determine the prevailing wage?
A. An employer may request a prevailing wage determination from the State Workforce Agency (SWA) or may rely upon wage data from an independent survey if the survey meets the Department of Labor requirements.

Q. May an H-1B employee work part-time?
A. Yes. An H-1B employee may work part-time if the employer petitioned for part-time employment and all other H-1B requirements are met.

Q. How long does this petition process take?
A. It may take from 12 to 16 weeks to complete the petition process if all of the required documentation was filed with the petition. USCIS provides and option to pay an extra fee of $1000 and obtain "premium processing" of an H-1B petition, which guarantees adjudication within two weeks of filing. The process will take longer if USCIS requests additional documentation or if the quota for H-1B visas for the fiscal year has been reached.

Q. Are there any times of the year when new H-1B visas are unavailable?
A. Yes. In recent years, the quota or "cap" for H-1B visas has been reached early in the fiscal year (reached on October 1, 2004 for the FY2005, which began on October 1, 2004). When the cap is reached, no individual may obtain an H-1B until October 1 unless the individual is already in H-1B status and seeking an extension, change of employer or addition of employer or will be working for an employer that is exempt from the quota.

Q. May an H-1B individual work for more than one employer?
A. An H-1B individual may work for more than one employer if each employer has properly filed an H-1B petition. All employees after the first H-1B employer can allow the employee to commence employment after the filing of the new H-1B petition.

Q. How long may an individual remain in H-1B status?
A. In most cases, an individual may remain in H-1B status for a maximum of six (6) years. The initial petition may be approved for up to three years, and subsequent requests for extensions may be approved for up to a maximum of six years. The six-year period cannot be extended by changing employers. In certain limited situations, the individual can obtain H-1B extensions, in one-year increments, beyond the six-year maximum while a permanent resident case is pending.

Q. What happens if the employment is terminated before the employee's H-1B status expires?
A. If the employer terminates the employment for any reason and before the approved expiration date, the employer is responsible for notifying USCIS and providing return transportation of the employee to his or her last place of foreign residence. In this event, the employee loses legal status and may be required to leave the U.S. unless the employee finds a new employer willing to file a new petition on his or her behalf on a timely basis.

Q. May an employee in H-1B status travel outside of the U.S.?
A. Yes, an employee in H-1B status may travel if the H-1B status is valid and he or she has a valid H-1B visa in the passport. If the employee does not have a valid H-1B visa, then the employee must obtain an H-1B visa at a U.S. Consulate abroad.

Q. May an employee in H-1B status with a pending extension travel outside of the U.S.?
A. Yes, an employee in H-1B status with a pending extension may travel outside of the U.S. However, if the current valid H-1B status expires while the employee is abroad, then the individual must remain abroad until the extension is approved and also must obtain a valid visa before returning to the U.S.

Q. May an individual in the U.S. in a nonimmigrant visa status change to H-1B without leaving the U.S.?
A. Yes, if he or she meets all of the criteria for H-1B status and is in valid nonimmigrant status.

Q. How may an individual in a valid nonimmigrant status obtain or extend the validity of the visa in his or her passport?
A. Generally, individuals wishing to apply for nonimmigrant visas must make a personal appearance before a U.S. consular officer at a U.S. Embassy or Consulate outside of the U.S. While previously it was possible to have the visa revalidated by the U.S. Department of State without departing from the U.S. as long as the individual's passport already had a recently expired or expiring H, L, O, P, or E visa previously issued by a U.S. Embassy or Consulate, this process has been terminated and it is no longer possible to revalidate the visa without leaving the United States.

Q. What happens if an H-1B wants to switch employers?
A. If an H-1B nonimmigrant wants to switch employers, the new employer must file a petition for H-1B status with USCIS. The individual may commence work for the new employer when the new H-1B petition is filed. This only applies to employees already granted H-1B status with another employer.

Q. What happens if an H-1B employee changes positions but remains with the same employer?
A. Unless the change in position is an insignificant change, a new LCA and H-1B petition will have to be filed.

Q. What happens if the employer transfers the H-1B employee to another location?
A. In most cases, a new LCA and H-1B petition will have to be filed. There are some exceptions including if the relocation is not a permanent relocation but a short-term transfer.

Q. Must an employer under take any specific recruitment for U.S. workers prior to filing an H-1B petition?
A. No, unless the employer has been found to be a willing violation of the LCA regulations.

Q. What is the immigration status of an H-1B employee's family in the U.S.?
A. A spouse and dependent minor children (unmarried children under the age of 21) of an H-1B employee are entitled to H-4 status. They may not accept employment in that status, but may study in the U.S. If the spouse is eligible for a different status than H-4 (including H-1B), the spouse may elect to enter the U.S. in that status rather than entering as an H-4. Spouses should note that an offer of employment from a U.S. employer is required in order to obtain most types of work-authorized nonimmigrant status.

Q. May a spouse and/or dependent minor children in H-4 status obtain a Social Security Card?
A. No. Individuals in H-4 status may not be eligible to obtain Social Security Cards. However, they may apply for a Taxpayer Identification Number (ITIN) in some circumstances. This application is filed with the U.S. Internal Revenue Service (IRS).

Q. What is a "green card"?
A. A green card, also known as a "Permanent Resident Card", "Alien Registration Receipt Card" or "Form I-551" is a plastic card which documents that an individual has the authority to live and work in the United States indefinitely (called "lawful permanent residence"). This identification document is mostly commonly known as the "green card" because, at one time, it was green. Currently, the card is pinkish white and contains the individual's photo, fingerprint, signature as well as other identifying information. While a "green card" may expire and has to be renewed, the individual's status as a lawful permanent resident (LPR) remains in effect unless it is abandoned or taken away.

Q. Who is eligible to apply for permanent resident status or a green card?
A. There are five categories of individuals who are eligible to apply for permanent resident status. They are:

• Family-Sponsored Immigrants (Spouses, children under the age of 21, sons and daughters (over the age of 21), and parents of U.S. citizens, and spouses and unmarried sons and daughters of permanent residents).
• Employment-Based Immigrants (see below).
• Investment-Based Immigrants (Investors of $500,000 - $1 million in a U.S. business that creates jobs for ten U.S. workers).
• Refugee and Asylum (Persons fleeing persecution in their home countries).
• Diversity (DV) Lottery (Persons from countries with below-average immigration to the U.S. selected in an annual lottery).

Q. What is the process for obtaining an employment-based green card?
A. The process may involve two or three steps. If an individual qualifies as extraordinary in his or her field or the individual's employment is in the "national interest", then the individual or his or her employer is required to file the Form I-140, Petition for Immigrant Worker, with supporting documentation. If the individual qualifies as a multinational manager or outstanding researcher, then the employer must file the I-140 petition. However, if the individual does not fall into one of these categories, then the employer must complete the labor certification process prior to filing the Form I-140. Concurrently with the filing of the I-140 petition, the individual is eligible to file Form I-485, Application for Permanent Residence.

Q. Is it necessary to be sponsored by an employer?
A. No. If an individual qualifies as extraordinary in his or her field or if his or her work is in the "national interest", then he or she may file a self-sponsored petition.

Q. What is the labor certification process?
A. Protections for U.S. workers are built into the system. Most employment immigrant cases require Department of Labor certification that no U.S. workers are able, qualified or willing to take the position offered to the foreign national and that admitting the immigrant will not negatively impact the wages and working conditions of similarly situated U.S. workers.

Q. Who can qualify without the labor certification process?
A. The categories exempt from this requirement are those individuals who are recognized to be extraordinary in their field, whose employment is in the "national interest," or who are outstanding professors or researchers, multinational managers, investors, certain religious ministers or workers, and a small number of "special immigrants."

Q. How long will it take to obtain a green card?
A. It is quite difficult to accurately predict exactly how long the process will take. Employers must consider the processing time for petitions and applications at the United States Citizenship and Immigration Services' Regional Service Centers, labor certification processing by the Department of Labor and also the availability of visa numbers. No approval is guaranteed. Cases may take anywhere from 18 months to four years or more depending on these factors.

Q. May the employee remain in the U.S. during the immigrant process?
A. An employee may not remain in the U.S. merely because a labor certification or immigrant visa petition is pending. The entire process may take place in the U.S. if the individual is able to maintain his or her valid nonimmigrant visa status (J-1, H-1B, L-1, etc.) until the Form I-485, Application for Permanent Residence or Adjust Status, can be filed. Once the I-485 is filed, the employee may remain in the U.S. until it is adjudicated.

Q. May an individual work while a petition is pending?
A. An individual may not be employed in the U.S. merely because a labor certification or immigrant visa petition is pending. An individual may work while a petition is pending if he or she is authorized for employment in the U.S. by maintaining a valid nonimmigrant working visa status such as H-1B or L-1. In addition, he or she may file a Form I-765, Application for Employment Authorization, at the same time the Form I-485 package is submitted. Approval of the Employment Authorization Document (EAD) allows the individual to work even without a valid nonimmigrant working visa status.

Q. May an individual travel while their petition is pending?
A. An individual may travel during the labor certification process and while the I-140 is pending if he or she has a valid nonimmigrant visa. An individual may travel while the I-485 adjustment is pending if he or she has obtained an advance parole document and/or is currently in valid H-1B or L-1 status.

Q. What happens if an individual switches jobs or changes employers while a petition is pending or after it has been approved?
A. For an employer-sponsored petition, a change in employer (or even location of employment) will likely mean that the process must start over from the beginning unless the change takes place more than 180 days after the filing of the I-485 package and the change is to a position in the "same or similar" occupation. Self-petitioners who change employment within their field will usually be able to continue with the pending petition.

Q. After having received an immigrant petition approval notice, when can an individual expect to be scheduled for an interview?
A. If an individual elects to complete the process abroad at a U.S. Consulate, it could take four to six months before an appointment is scheduled. If he or she elects to remain in the U.S., the adjustment of status process can take from 18 to 24 months or more.

Q. How long must a legal permanent resident (LPR) remain with an employer?
A. There is no required amount of time that an LPR must remain with an employer. LPRs must be able to demonstrate that their intention at the time of adjustment to LPR status or entry as an immigrant is to remain with the sponsoring employer indefinitely.

Q. Is there any required amount of time that an LPR must remain in the U.S.?
A. Yes. Absences of one year or more may result in loss of LPR status unless a reentry permit is applied for in advance of departure from the U.S. Absences of six months or more may result in questioning upon return to the U.S. as to whether the LPR has abandoned his or her residence in the U.S.

Q. May an LPR apply for U.S. citizenship?
A. Yes. An LPR may apply for naturalization as a U.S. citizen after maintaining LPR status for five years, assuming certain residence and physical presence requirements are met. If an individual is married to and living with a U.S. citizen, then he or she may apply after maintaining LPR status for three years.

Q. Is an LPR required to give up his or her citizenship if he or she applies for naturalization as a U.S. citizen?
A. The U.S. can only confer U.S. citizenship on an individual, and cannot force a person to lose any other citizenship, which they hold. In some instances, an individual's country of citizenship will regard the person as having lost citizenship in his or her country of nationality when he or she becomes naturalized as a U.S. citizen. Individuals who wish to maintain dual citizenship should consult with officials of their country of current citizenship.

Q. May a spouse and dependent children (unmarried children under the age of 21) be included in the I-140 petition and subsequent I-485 adjustment of status application?
A. Yes, a spouse and dependent children may be included.

Q. Are spouses and/or dependent children eligible to apply for employment authorization?
A. Yes, all applicants who apply for adjustment of status are eligible to apply for employment authorization.

Q. What Is Concurrent Filing?
A. Persons seeking to immigrate to the United States as employment-based immigrants must complete two separate processes in order to become permanent residents. First, they must establish that they qualify in one of the employment-based immigrant categories by filing Form I-140, Immigrant Petition for Alien Worker. Second, they must establish that they qualify for permanent residence under the general rules applicable to all immigrants, whether employment-based or not, which may be done in the United States by filing Form I-485, Application to Register Permanent Residence or Adjust Status, or from outside the United States by completing consular immigrant visa processing. In the past, persons had to wait for the USCIS to approve the I-140 before being able to pursue the second step of the process. Concurrent filing affects only the Adjustment of Status (I-485) process, not consular immigrant visa processing. Concurrent filing, which became permissible under an interim rule announced on July 31, 2002, allows persons applying for permanent residence to submit the Form I-485, Application to Register Permanent Residence or Adjust Status, either along with a Form I-140, Immigrant Petition for Alien Worker, or after the I-140 is filed but before it is approved.

Q. Must Concurrent Filing Be Used?
A. NO. An individual may continue to wait for approval of the I-140 before filing the I-485.

Q. Who Is Allowed To File Concurrently?
A. Concurrent filing is available to individuals eligible to adjust to permanent resident status at the time an I-140 is filed on their behalf to classify them in the EB-1 category (alien of extraordinary ability, outstanding researcher, multi-national manager); the EB-2 category (advanced degree professional, national interest waiver; alien with exceptional ability); or the EB-3 category (professional or skilled worker). An immigrant visa number must be immediately available. Persons who have engaged in unauthorized employment or otherwise violated their nonimmigrant status may not be eligible. Similarly, persons who are subject to the two-year home residence requirement are not eligible unless this requirement has been waived.

Q. Can Form I-485 Be Filed After the I-140 Is Filed But Before It Is Approved?
A. Yes, once a Receipt Notice for the I-140 is issued, the I-485 can be filed along with this Receipt Notice; and the petition and application will be matched up. This strategy may be advisable if the I-140 is ready to file, but it is taking too long to gather the supporting documentation for the I-485.

Q. What Are the Benefits of Using Concurrent Filing?
A. One of the main benefits of concurrent filing is that it allows both the principal and his or her dependents to apply for employment authorization (EAD) and travel permission (advance parole) much sooner than they could in the past. This ability to obtain employment authorization and travel permission is particularly important to those nonimmigrants approaching their maximum authorized stay in nonimmigrant categories such as "H" and "L," as it may enable them to avoid violation of their status or the accrual of unlawful presence. In addition, the EAD allows job flexibility for the principal (ability to work without H or L approval) as well as travel flexibility (ability to travel without a visa). This is particularly important for those individuals who experience difficulty or significant delays in obtaining a visa.

Q. Will Concurrent Filing of an I-485 Result in a Faster Grant of Permanent Resident Status?
A. Not always. In some cases (such as applications based on a labor certification), the I-140 is generally granted more quickly if it is filed with an I-485. Because of constantly-changing processing times at the four Service Centers and the dozens of consular posts which handle applications for immigrant visas, it is impossible to generally state that concurrent processing is always faster, or always slower, than consular immigrant processing.

Q. If Concurrent Filing Is Not Used, Will It Delay the I-140 Adjudication?
A. Maybe. If USCIS works on its backlog of cases starting first with cases in which both the I-140 and the concurrently filed I-485 are pending, this could put "stand alone" I-140s at a disadvantage, subjecting them to significantly longer processing times.

Q. Can Concurrent Filing Be Used If More Than One I-140 Is Filed on Behalf of the Same Beneficiary?
A. Yes. For example, if an I-140 is filed seeking to classify a foreign national as an alien of extraordinary ability and a separate I-140 is filed requesting a national interest waiver for the same foreign national, he or she may submit, at the same time or subsequently, an I-485 and designate with which I-140 it is to be matched. If the I-485 accompanies the extraordinary ability I-140, but the national interest waiver I-140 is approved first, USCIS has said that the I-485 may be transferred to the approved I-140, so there is no need to file a separate I-485.

Q. Should a Concurrent I-485 Be Filed When Approval of the I-140 Is Uncertain?
A. Maybe. In extraordinary ability, outstanding researcher/professor and national interest waiver cases, where USCIS is required to make subjective judgments, one could decide to defer filing the I-485 where he or she will be able to continue working pursuant to the nonimmigrant status while the I-140 is pending. However, filing one or more petitions where approval is uncertain does not bar one from concurrently filing an I-485. Indeed, where an individual's continued authorized stay in the United States and authorized employment depends on the concurrent filing of an I-485 and EAD, such a filing should be made.

Q. Are There Any Disadvantages to Concurrent Filing?
A. Other than the considerations discussed above, there are no risks, legal or otherwise, to filing a I-485 at the earliest time that one is eligible to do so. However, one should take into account the financial cost, such as the filing fees and legal fees, associated with the filing of an I-485.

Q. What Happens If the I-140 Is Denied?
A. If the I-140 is denied, USCIS has no basis for approving the related I-485 unless there is a second I-140 pending. In that case, USCIS has the discretion to "match" the I-485 to the second I-140. The denial of the sole I-140 filed by a person will trigger a denial of the related I-485, either simultaneously with the I-140 denial or at a later date. With respect to individuals who have applied for an EAD and are authorized to work pursuant to a pending I-485, denial of the I-485 is likely to result in USCIS revoking this employment authorization, usually through a Notice advising of the revocation. Regardless of whether USCIS revokes the current EAD, it will not grant an extension.

Q. Does the Concurrent Filing Rule Affect "Portability?"
A. Maybe. No definite USCIS position has been articulated, but "portability" means that employment-based I-485 applicants may change jobs with their sponsoring employer or change employers if USCIS does not adjudicate their I-485 within 180 days, as long as the I-485 applicant continues to work in the same or similar occupation.

Q. Can International Students Work in the United States?
A. Yes. Federal regulations permit the employment of international students on F-1 and J-1 visas within certain limits. These visas allow students to work in jobs related to their major field of study. F-1 students can work on "practical training." J-1 students may work on "academic training."

Q. How Long Can International Students Work in the United States With Their Student Visas?
A. F-1 students are eligible for curricular practical training before completing their studies, as well as an additional 12 months of optional practical training, either before or following graduation, or a combination of the two. However, if they work full-time for one year or more curricular practical training, they are not eligible for optional practical training. Students with a J-1 visa are usually eligible to work up to 18 months following graduation. They may also be eligible to work part-time during their program of study.

Q. What Does the Work Authorization Look Like?
A. For optional practical training, F-1 students receive from United States Citizenship and Immigration Services (USCIS) an Employment Authorization Document (EAD), a small photo identity card that indicates dates for which they are permitted to work. For curricular practical training, F-1 students receive authorization from school (NOT from USCIS) on the back of the student's Form I-20. J-1 students receive work authorization in the form of a letter issued by their institution.

Q. Can International Students Continue to Work After Their Work Authorization Expires?
A. Only if they are qualified for an employment-based visa, such as H-1B and the employer who has extended a valid job offer to them has taken steps to file a H-1B petition with USCIS prior to the expiration date of the student's employment authorization document. The H-1B is a temporary working visa for workers in a "specialty occupation." The job must meet two basic requirements: (1) The salary must meet the prevailing wage as defined by the Department of Labor,and (2) A bachelor's degree or higher is a minimum normal requirement for the position.

Q. Doesn't an Employer Have to Prove That International Students Are Not Taking Jobs From a Qualified American?
A. No. American employers are not required to document that a citizen of another country did not take a job from a qualified American if that person is working under a F-1, J-1 or H-1B visa. Employers may be required to document that they did not turn down a qualified American applicant for the position only when they wish to hire foreign citizens on a permanent basis and sponsor them for permanent resident status (a "green card").

Q. What is a Visa?
A. A visa is a permit to apply to enter the United States. Visas are different from "status", which is the length of time an individual may stay in the U.S. after admission. There are two types of visas, nonimmigrant and immigrant. The nonimmigrant visa is issued to individuals who intend to come into the U.S. for a temporary period of stay for a specific purpose. The immigrant visa is issued to individuals who intend to live and work permanently in the U.S. Such individuals get "green cards" after arrival and are called permanent residents.

Q. Who Needs a Visa?
A. Most individuals coming into the United States for a temporary period of stay must obtain a visa. There is an exception for individuals who are nationals of countries, which are included in the Visa Waiver Program. Such nonimmigrants are not required to obtain a visa to apply to enter the United States as a visitor for business or pleasure (B-1 and/or B-2 visa categories), if they are staying for no more than 90 days. In addition, citizens of Canada do not generally require a nonimmigrant visa unless they are coming to the United States as a Treaty Trader or Treaty Investor.

Q. Is There a Specific Period of Time for Which a Passport Must Be Valid?
A. The length of the visa may be limited to the expiration date of the passport. In addition, U.S. immigration law requires that a foreign national's passport be valid during all periods of time spent in the U.S., including the time during an extension of stay.

Q. How Does an Individual Obtain a Visa for Entry Into the U.S.?
A. If an individual is planning to travel to the U.S., he or she (and family members) should apply for their nonimmigrant visa(s) at the nearest U.S. embassy or consular post. Prior to applying for the visa, the applicant must obtain the necessary supporting documentation, which may include notice of the approval of a nonimmigrant visa petition by the USCIS.

Q. Does a Visa Guarantee Entry Into the U.S.?
A. No. A visa is issued to an individual by a consular officer outside of the United States. Having a valid visa does not necessarily guarantee a smooth entry into the United States. U.S. Customs and Border Protection (CBP) has the authority to grant or deny admission to the United States. In addition, CBP will determine how long an individual may remain in the U.S. This information is recorded on the I-94 card at the port of entry.

Q. What Is an I-94 Card?
A. The I-94 card is also known as the Arrival/Departure Document. It serves as the registration form for individuals admitted to the United States as nonimmigrants. This document is created by CBP when the individual is inspected upon arrival in the United States. The CBP inspector will endorse the I-94 with the date, place of arrival, status (e.g. F, J, H, L, etc.), and period of authorized stay. The individual keeps the I-94 card as the official record of admission and permission to remain in the United States. If an individual decides to remain in the United States beyond the date on the I-94 card, he or she must file a petition for an extension of stay with U.S. Citizenship and Immigration Services (USCIS). When departing the United States, the individual must surrender his or her I-94 card except if traveling only to Canada, Mexico, or adjacent islands other than Cuba for a period not to exceed 30 days, in which case the individual may be able to use the I-94 Card to reenter the United States.

Q. Does an Individual Need a New Visa Every Time He or She Travels Outside of the United States?
A. Not necessarily. An individual should examine the visa in his or her passport to determine the immigration status (H-1, L-1, J-1, etc.), number of entries permitted, and the expiration date. If the individual is reentering in the same immigration status and the initial visa has not expired and is valid for more than one entry, a new visa is not required. If he or she has changed status in the United States prior to departing or plans to reenter in a different status, a new visa is required.

Q. How May an Individual in a Valid Nonimmigrant Status Obtain Or Extend the Validity of the Visa in His or Her Passport?
A. Generally, individuals wishing to apply for nonimmigrant visas must make a personal appearance before a U.S. consular officer at a U.S. Embassy or Consulate outside of the U.S. While previously it was possible to have the visa revalidated by the U.S. Department of State without departing from the U.S. as long as the individual's passport already had a recently expired or expiring H, L, O, P, or E visa previously issued by a U.S. Embassy or Consulate, this process has been terminated and it is no longer possible to revalidate the visa without leaving the United States.

Q. What Determines the Length of Validity of a Visa?
A. A visa is a permit to travel to the United States and apply to enter the United States. The Consular officer may grant a visa for as little as one month or as long as ten years, depending on the classification of the visa and the treatment given by the individual's country of nationality to U.S. visa applicants in similar classifications. The U.S. government's "reciprocity schedule" for each country lists maximum validity of each type of visa for nationals of each country. The validity of the visa does not affect how long an individual may remain in the United States on any entry. Therefore, the date on the I-94 Card may be different from the date on the visa.

Q. What Determines the Length of Validity of My Stay in the U.S.?
A. The duration of a nonimmigrant's lawful stay is recorded on the I-94 card created by CBP when the individual is inspected upon arrival in the United States. It may be shorter or longer than the validity of the nonimmigrant's visa. Nonimmigrants should note the date written on this card, as it governs the time they are "lawfully present" in the United States.

Q. If a Visa Has Expired And an Immigration Status Extension Is In Process, May an Individual Leave the Country?
A. Yes. An individual may leave the United States; but, in most cases, he or she must remain out of the country until the extension is approved. Once the approval notice is received, the individual must apply for a new visa at the appropriate U.S. consular post.

Q. What Happens If a Valid Visa Is in an Expired Passport?
A. The individual should keep the expired passport with the valid visa together with the new passport issued by his or her country of nationality. It may be more convenient and practical, though not required, to have the visa issued in the new passport.

Q. May an Individual Travel to the United States on a Business Trip While Awaiting a USCIS Approval Notice for a Visa That Allows Employment in the United States?
A. An individual whose overseas position requires a trip to the United States may travel to the U.S. on a business visa (B-1) or under the visa waiver program, but he or she must not assume any of the responsibilities of the U.S. position while in that category. In addition, he or she must remain on the payroll of the foreign company.

Q. May an Employee on a Nonimmigrant Visa Obtain a Social Security Number?
A. Yes, as long as the employee has entered the United States using an employment-authorized visa. After an employee arrives on an employment-authorized visa and applies for a Social Security Number, it may be six to eight weeks before a number is issued. During that time, the employee may work without a Social Security Number, and the employer can keep track of the employee's earnings using an identifier other than a Social Security Number.

Q. May the Family Members of an Employee on a Nonimmigrant Visa Obtain a Social Security Number?
A. Generally not, unless the family members are in one of the few classes of nonimmigrant dependents who are able to obtain employment authorization (such as L-2 or E nonimmigrant spouses or J-2 nonimmigrants). For tax compliance purposes (such as opening a bank account), family members may be able to obtain an Individual Taxpayer Identification Number (ITIN). The Internal Revenue Service issues ITINs only to those persons who have a tax reporting obligation (for example, holders of an interest-bearing U.S. bank account).

Q. May a Nonimmigrant Open a Bank Account in the U.S.?
A. There is no legal prohibition against a nonimmigrant opening a bank account in the United States. However, banks must comply will all federal banking requirements which may require that the individual have a Social Security Number or Individual Taxpayer Identification Number to open an account.

Q. May an Employee on a Nonimmigrant Visa Purchase a House in the United States?
A. Yes; however, there may be difficulty obtaining a mortgage because of the employee's temporary status in the United States. There are mortgage companies willing to lend to nonimmigrants; however, the terms are generally not as generous as the terms offered to permanent residents or U.S. citizens, due to the temporary nature of the nonimmigrant's status in the United States. Purchasing a residence in the U.S. will have no effect (positive or negative) on the individual's ability to adjust to lawful permanent resident status.

Q. What is the Status of Children Born in the United States?
A. Children born in the United States are U.S. citizens at birth and may also have acquired the citizenship of their parents. Being the parent of a U.S. citizen provides few immediate immigration benefits, however, as a U.S. citizen child may not petition on behalf of a parent for immigrant benefits until the U.S. citizen child is 21 years of age.

Q. May Nonimmigrants Bring Domestic Employees With Them To the United States?
A. Yes; however, several conditions apply. The domestic employee must demonstrate at least one year's experience as a personal or domestic servant; the nonimmigrant and the employee must sign an employment contract guaranteeing that the employee will be employed only by the nonimmigrant and will receive the prevailing wage and free room and board; and either that the employee was employed by the nonimmigrant abroad as a personal or domestic servant for at least one year prior to the date of the employer's admission to the United States, or that the nonimmigrant has regularly employed (either year-round or seasonally) personal or domestic servants over a period of several years preceding the domestic servant's visa application. Domestic servants are given visas in the B-1 nonimmigrant category, and should apply for an employment authorization document from the INS upon arrival in the United States.