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Immigration

Frequently Asked Questions

Can I change status?

The basic requirement to any change of status petition is that in order to change status, you must be in a valid status. Individuals often change status from F-1 to H-1B, H-1B to H-4, etc. In the event that the individual is changing to a dependent status, such as H-4, the applicant must establish both their eligibility for a change of status as well as the primary visa holders status (e.g. the valid status of the H-1B spouse).
How do you qualify for an H-1B visa?

Generally, one may qualify for H1B employment if the individual will be temporarily working in a specialty occupation based on the specialized knowledge they acquired through obtaining a U.S. Bachelor’s degree or its equivalent. The education must be in a field of specialized knowledge and the required education or its equivalent must be achieved by the time the H-1B petition is filed on behalf of the beneficiary.
What is the H-1B Cap?

Each year there are a limited number of new H-1B visas available, known as the H1B cap. The cap is currently set at 65,000, however there are an additional 20,000 H-1B visas available to persons who have earned a master's or higher degree from a US institution of higher education. Also, out of the 65,000 regular H-1B visas, 6,500 are set aside for nationals of Chile and Singapore.

The H-1B cap visas become available on October 1st of each year but petitions may be filed 6 months in advance on April 1st.
How can I become a U.S. citizen?

There are four common ways that an individual may become a U.S. citizen.

Birth in the U.S. - All persons born in the U.S. are citizens regardless of the status of their parents who may be citizens, permanent residents or illegal aliens.

Acquisition at Birth - A child born outside the U.S. where one or both parents are U.S. citizens may acquire U.S. citizenship at birth.

By derivation through naturalization of parents - A child born outside the U.S. may become a citizen by virtue of a parent’s naturalization. Children under 18 years residing in the U.S. as permanent residents become U.S. citizens upon the naturalization of a parent with whom they reside.

Naturalization – To be eligible for naturalization you must also be at least 18 years of age, a permanent resident for five years or three years if married to a U.S. citizen, resided for three months in the state where you file, physically present in U.S. for half of five or three years, must have continuously resided within the U.S., must not have been absent from U.S. for more than one year, must be a person of good moral character, pass an English and Civics test and confess loyalty to the U.S.
What is an H-1B Visa?

An H-1B visa is a temporary visa issued to an individual who is employed in a specialty occupation and holds at least a bachelor’s degree or its equivalent. A specialty occupation is defined as a theoretical or practical application of a specialized knowledge. Such occupations would include but are not limited to architects, engineers, mathematicians, physical scientists, educators, accountants, lawyers, and artists.

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