Frequently Asked Questions

Form I-9 Questions

Why must an employer complete the Form I-9? U.S. employers are required by law to verify the employment eligibility of ALL their employees regardless of the worker's national origin or immigration status. This includes U.S. citizens. Employers who fail to comply with Form I-9 requirements may face large fines and in some cases, criminal penalties for non-compliance.

 

Where can I get the most current Form I-9 and instructions? Failure to use the most current Form I-9, Employment Eligibility Verification may result in costly fines and penalties. Download the most current Form I-9 and the USCIS Instruction Handbook (M-274).

 

What happens if Immigration and Customs Enforcement (ICE) wants to see my I-9 forms? If your company has been served a Notice of Inspection by ICE, you have 3 business days to produce all the Forms I-9 requested on the Notice of Inspection. It is typical for ICE to request all current employee's I-9s as well as all of your past employee's Forms I-9 going back 3 years.

 

How long am I required to keep an employee's Form I-9? An employer must retain all Form I-9s for 3 years after the date employment begins or for 1 year after the date employment is terminated, whichever is later. There are special rules that apply to agricultural employers and farm laborers I-9 Forms. Contact Allott Immigration Law Firm with questions concerning these groups.

 

Contact Allott Immigration Law Firm for more information at 1-877-750-0022

 

Citizenship & Naturalization Questions

What are the basic eligibility requirements for filing for U.S. Citizenship? In general, an applicant for naturalization must meet the following criteria.

• Be 18 years old or older at the time of filing Form N-400


• Be a lawful permanent resident (have a “green card”; exception if served in war for the United States)


• Demonstrate continuous permanent residence in the United States for at least 5 years. (In some cases, this may be 3 years if you are married to a U.S. citizen however there may be conditions.)


• Show you have been physically present in the United States for 30 months


• Be a person of good moral character


• Be able to speak, read, write and understand the U.S. language


• Have knowledge of U.S. government and history


• Show that you have lived for at least 3 months in the state or USCIS district where you claim residence
  
  

 

Does serving in the U.S. military help my application for naturalization? If an LPR (lawful permanent resident) is currently serving or has honorably served in the U.S. military for at least one year, he/she may be eligible to apply for U.S. citizenship. Also, if one has fought for the U.S. during a period of active hostilities, that person may be able to file for U.S. citizenship directly, without ever having been an LPR. Talk with an immigration attorney at Allott Immigration Law Firm if you fall into either of these categories to see if you might be eligible for expedited citizenship processing.

 

Can tax returns be used as proof of naturalization eligibility? Yes. Tax returns are considered important proof you are eligible for naturalization. Bring certified copies of tax returns for the last 5 years (3 years if you are married to a U.S. citizen) to your interview. Certified tax transcripts may be ordered by using the IRS Form 4506-T or by calling 1-800-829-1040.

 

When do I need to get fingerprinted? Once you have filed your application (Forn N-400) you will receive a letter from USCIS with information about where and when to have your fingerprints taken. Delays in receiving the letter are not uncommon. Once received, the letter will usually tell you to go to an Application Support Center where they will do an electronic fingerprint. USCIS will then send your fingerprints to the FBI to conduct a criminal background check.

 

Contact Allott Immigration Law Firm for more information at 1-877-750-0022

 

H-1B Visa Questions

Who qualifies for the H-1B program? H-1B visas are appropriate for foreign workers in a specialty occupation that requires theoretical or technical expertise in highly specialized fields. Examples would be scientists, engineers or computer programmers. A specialty occupation requires theoretical and practical application along with at least a bachelor’s degree or its equivalent. U.S. businesses use the H-1B program to employ such experts.

 

What is the H-1B cap and how does it work? The H-1B cap is an annual limitation on the number of new visas available for H-1B workers. The H-1B Regular Cap is currently set by Congress at 65,000 and the H-1B Master's Exemption Cap is set at 20,000. Click here to see the cap count as of October 1, 2010.

 

Do I need to submit a copy of my degree/diploma when I file my petition? USCIS requires evidence of your educational degree to be submitted at the time of filing. If your degree has not yet been awarded but all of the requirements for the degree have been met, you may submit the following alternative documentation:

 

• A copy of your final transcript; or
• A letter from the Registrar confirming all requirements of the degree have been met.

 

What is Premium Processing Service? H-1B petitioners may choose to file a Form I-907 with the accompanying filing fee of $1,000 to have their petition adjudicated within 15 calendar days. This fee is in addition to the required base filing and other applicable fees.

 

Contact Allott Immigration Law Firm for more information at 1-877-750-0022

 

EB-5 Immigrant Visa Questions

What is an EB-5 Immigrant Visa? The Immigration Act of 1990 established the EB-5 immigrant investor visa program to create U.S. jobs by attracting foreign capital to the United States. Section 203(b)(5) of the Immigration and Nationality Act (INA), allocates 10,000 EB-5 immigrant visas per year to qualified individuals seeking Lawful Permanent Resident (LPR) status based on capital investment in a commercial enterprise.

 

What are the EB-5 Capital Investment Requirements? The EB-5 investor must meet the following requirements:

1. Establish a U.S. business or invest in an existing business that was created or restructured after November 19, 1990;
2. Invest, or are actively in the process of investing, $1 million in a for-profit commercial enterprise (or $500,000 when investing in a Targeted Employment Area (TEA) which is either in a high unemployment area or a rural area);
3. Demonstrate their capital investment will create or preserve full-time employment for at least 10 U.S. workers within the United States.

 

How long does it take to get an EB-5 Immigrant Visa? Processing times vary, but generally takes between 10-18 months. Every year 10,000 EB-5 Green Cards are available to qualified individuals.

 

What are Regional Centers? Regional Centers are entities, organizations or agencies focused on specific geographic areas within the U.S. in order to promote economic growth. A Regional Center must detail how jobs will be created and commit sufficient funds to promote and oversee the capital investment opportunities in the Regional Center. Regional Centers make no guarantees regarding the investor's capital investment. For a complete list of USCIS approved Regional Centers go to http://www.uscis.gov/eb-5centers.

 

Contact Allott Immigration Law Firm for more information at 1-877-750-0022

 

Permanent Resident Card Questions

What is a Permanent Resident Card? A Permanent Resident Card, also known as a Green Card, is proof of permanent resident status in the United States. Additionally, it serves as a valid identification document and proof you are eligible to live and work in the U.S. While some Permanent Resident cards have no expiration, most are valid for 10 years. If you have conditional permanent resident status, the card is good for 2 years.

 

When should I renew my Permanent Resident Card? You should renew your Permanent Resident Card if it has expired or if it expires within 6 months. If your card does not have an expiration date on the front, you have a very old version of the card. Most old versions are no longer valid. Thus, we recommend you apply for renewal - even if there is no expiration date. If you have a conditional Permanent Resident Card (which is only valid for 2 years) you may file a petition to remove the conditions of your residence 90 days before your card expires.

 

Under what circumstances am I required to replace my Permanent Resident Card? You must apply to replace your Permanent Resident Card if any information on the card needs to be updated...or if your card becomes lost, stolen or damaged. Additionally, if you became a Permanent Resident before 14 years of age, you are required to replace your card when you reach your 14th birthday.

 

How do I go about replacing or renewing my Permanent Resident Card? To replace or renew your Permanent Resident Card, use Form I-90, Application to Replace Permanent Resident Card. The form is available at www.uscis.gov. You can also efile the Form I-90 at this site.

 

For more information regarding these FAQ's or for questions on any immigration issue, please contact Allott Immigration Law Firm at 303-797-8055 or Toll Free at 1-877-750-0022.

 

FAQ's: Department of Homeland Security's Procedures for Implementation of EOIR Background Check Regulations for Aliens Seeking Relief or Protection from Removal