U.S. Work Visa and USCIS Premium Processing for EB-5

1. What is the U.S. work visa?


The U.S. work visa is a permit that allows non-U.S. citizens to work in the U.S. legally. There are a few different types of work visas, including temporary (nonimmigrant) visas and permanent (immigrant) visas. The type of visa you need depends on the type of job and how long you plan to stay in the U.S.

2. How can I apply for a U.S. work visa?


To apply for a U.S. work visa, you must first determine the type of visa you need. Different visas are available for different types of work activities.

Once you have determined the type of visa you need, you must submit an application to the U.S. Citizenship and Immigration Services (USCIS) for review. The application must include supporting documents such as proof of identity, proof of financial stability, and evidence of your qualifications and experience.

You may also need to attend an interview at a U.S. embassy or consulate in your home country as part of the application process. The exact requirements will depend on the type of visa you are applying for.

3. What are the different types of U.S. work visas?


The different types of U.S. work visas are:

1. H-1B Visa: This visa is for foreign professionals in specialty occupations.

2. L-1 Visa: This visa is for foreign employees of multinational companies transferring to the U.S.

3. E-3 Visa: This visa is for Australian citizens who seek employment in the United States.

4. O-1 Visa: This visa is for individuals with extraordinary ability in the sciences, arts, education, business, or athletics.

5. TN Visa: This visa is for Canadian and Mexican citizens with certain professional backgrounds to work in the United States.

6. J-1 Visa: This visa is for students and researchers who are sponsored by a U.S. government-approved exchange program.

7. B-1/B-2 Visas: These visas are for visitors who plan to stay in the United States for a limited period of time for business or pleasure purposes.

4. Is it necessary to have a job offer in the U.S. to qualify for a work visa?


Yes, you must have an approved job offer from a U.S. employer in order to qualify for most work visas.

5. What documents do I need to submit with my application for a U.S. work visa?


The exact documents you need to submit with your application for a U.S. work visa will depend on the type of visa you are applying for. Generally, you will need to provide proof of your identity, such as a passport or birth certificate, a copy of your resume and work history, and evidence of any qualifications you may have. You will also need to provide evidence that you are able to financially support yourself while working in the United States, such as bank statements. Depending on the type of visa you are applying for, you may also need to provide evidence of previous employment in the United States, medical examination results, and letters of recommendation.

6. How long does it take for my U.S. work visa to be processed?


The processing time for U.S. work visas varies depending on the type of visa you are applying for. In general, most visas take several weeks to process, but some may take up to several months. You should contact the appropriate embassy or consulate for more information about the specific visa you are applying for.

7. What fees are associated with applying for a U.S. work visa?


The fee associated with applying for a U.S. work visa depends on the type of visa being applied for and the USCIS office processing the application. Generally, there is an application fee, an additional biometric services fee, and a fee for premium processing (if applicable). The fees for each visa type are listed on the USCIS website.

8. What restrictions are placed on U.S. work visas?


U.S. work visas are subject to a number of restrictions, including:

• The applicant must have a valid job offer from a U.S. employer;

• The job must be in the same field as the applicant’s qualifications;

• The applicant must possess the necessary qualifications to perform the job;

• The applicant must not be a threat to public safety or security;

• The applicant must have a valid passport and other documents required for travel;

• The applicant must be able to demonstrate sufficient financial resources to support themselves in the U.S.; and

• The applicant’s stay in the U.S. must be temporary in nature.

9. Do I have to return to my home country after my U.S. work visa has expired?


Yes, you must leave the United States after your work visa has expired. If you overstay your visa, you may be subject to fines, removal proceedings, or even inadmissibility to the U.S. for a certain amount of time in the future.

10. Are there any permanent residence options available through a U.S. work visa?


Yes, some U.S. work visas offer the possibility of permanent residence. For example, many employment-based visa categories, such as the EB-1C (Multinational Manager or Executive) and the EB-2 (National Interest Waiver) visas, offer a pathway to permanent residence. Additionally, certain family-based visas, such as the F1 (Unmarried Sons and Daughters of U.S. Citizens) may also qualify for a pathway to permanent residence.

11. What is USCIS Premium Processing for EB-5?


USCIS Premium Processing for EB-5 is a service that allows certain employment-based immigration petitions and applications to be processed within 15 calendar days for an additional fee of $1,440. This service is available to investors applying for an EB-5 visa or green card. This allows investors to receive a decision on their application within a short time frame so that they can begin the immigration process with confidence.

12. Who is eligible to apply for USCIS Premium Processing for EB-5?


USCIS Premium Processing for EB-5 is not available to all applicants. It is only available to certain I-526 petitioners who have filed under the Regional Center Pilot Program, since only they are eligible to upgrade their cases to premium processing.

13. How long does it take USCIS Premium Processing for EB-5 to complete?


Typically, USCIS Premium Processing for an EB-5 petition takes 15 calendar days from the day of receipt.

14. What are the advantages of applying for USCIS Premium Processing for EB-5?


The USCIS Premium Processing Service offers the following advantages to EB-5 applicants:

1. A 15-day processing timeline for most filing forms. This is much faster than the standard timeline of several months for an EB-5 application.

2. The ability to check on the progress of the application and receive a response from USCIS within 15 days.

3. The possibility of receiving an expedited decision on the application due to the expedited processing timeline.

4. The ability to submit all supporting documents and evidence with the application and receive a response from USCIS in a timely manner.

5. The ability to receive a refund of the premium processing fee if USCIS does not provide a decision on the immigration petition within 15 days or if the case is denied.

15. What documents do I need to submit with my application for USCIS Premium Processing for EB-5?


You will need to submit the following documents with your application for USCIS Premium Processing for EB-5:

1. Form I-907, Request for Premium Processing Service
2. Form I-526, Immigrant Petition by Alien Entrepreneur
3. Supporting Evidence and Documentation
4. Evidence of Investment Funds
5. Evidence of Source of Funds
6. Business Plan
7. Evidence of Job Creation
8. Proof of Lawful Source of Income
9. Proof of English Language Proficiency
10. Any additional evidence or documentation that may be required by USCIS

16. What fees are associated with applying for USCIS Premium Processing for EB-5?


As of July 2020, the fee for USCIS Premium Processing for the EB-5 Immigrant Investor Program is $2,500.

17. How does USCIS Premium Processing for EB-5 differ from regular USCIS processing?


USCIS Premium Processing for EB-5 is an expedited service offered by USCIS for certain types of petitions and applications. It enables petitioners and applicants to receive an expedited 15-day processing time for their petitions and applications. During the 15-day period, USCIS guarantees a decision, request for evidence, or notice of intent to deny. This differs from regular USCIS processing, in which the processing time can range anywhere from six months to several years.

18. What forms do I need to complete in order to apply for USCIS Premium Processing for EB-5?


In order to apply for USCIS Premium Processing for EB-5, the petitioner must complete Form I-907, Request for Premium Processing Service, and submit it along with the required filing fee. Additionally, the petitioner must have a completed Form I-526, Immigrant Petition by Alien Entrepreneur.

19. When should I begin the application process to use USCIS Premium Processing for EB-5?


The best time to begin the application process to use USCIS Premium Processing for EB-5 is as soon as you have all the necessary documents and information required for the application ready. You should also make sure that you are prepared to submit your application with the USCIS Premium Processing fee, as this will ensure a quicker processing time for your application.

20 .How often can I apply for USCIS Premium Processing for EB-5?


You can apply for USCIS Premium Processing for EB-5 as often as necessary. Usually, the processing time is 15 calendar days, so if you need faster results, you can apply for premium processing. However, you will need to pay an additional fee of $2,500 in addition to the regular filing fee.