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- Step-by-Step Guide for Filing I-765 Online for EAD Application
After college, I was very excited to begin work and gain some work experience in the US. However, I soon realized that I needed to apply for an Employment Authorization Document (EAD) card to work in the US. This is when I first encountered the I-765 form online. Related: Work authorization for L2 visa I thought filling out the I-765 form online would be hard because I'd never done it before. But honestly, it's quite simple. Just know that not all visa categories can use the online I-765 filing. I'm sharing my experience based on an F1 visa. When I searched online to find out who could use the I-765 form online, the search results were confusing. The information kept saying all categories were eligible for online filing, and it mainly showed the process for mailing the I-765 form. This led me to write this article specifically about the I-765 online process. Table of Contents: I-765 Online Application Who can File I-765 Online? How to File I-765 Online? I-765 Online Filing Fee I-765 Online Processing Time I-765 Premium Processing Steps to File I-765 Online I-765 EAD Renewal Online FAQs on I-765 Online Who can File I-765 Application Online? Only the following I-765 categories are eligible to apply for an EAD through the online process , and you will also see this list when you begin filling out the I-765 application online. (a)(12) – Temporary Protected Status (You are submitting an initial Form I-821 or you have an approved Form I-821); (c)(3)(A) – F-1 student, pre-completion OPT; (c)(3)(B) – F-1 student, post-completion OPT; (c)(3)(C) – F-1 student, 24-month extension for STEM students (students holding a degree in science, technology, engineering, or mathematics); (c)(8) – Applicants for Asylum under the ABC Settlement Agreement; (c)(8) – Application for Employment Authorization Based on Pending Form I-589, Application for Asylum or for Withholding of Removal; (c)(11) – Parole; (c)(19) – Temporary Protected Status (You have a pending Form I-821); or (c)(33) – Consideration of Deferred Action for Childhood Arrivals (DACA) (You must have a pending or approved Form I-821D to file Form I-765). USCIS may add new categories in the future for those who can file online. Refer to this USCIS link for the latest information. Note that the following I-765 categories are not eligible for filing I-765 online as of Feb 2024. However, they can file on paper. (a)(18) – Spouse of L1 visa holder. See how to file? (c)(26) – Spouse of H1-B visa holder with approved I-140. See how to file? (c)(5) – J-2 spouse or child of J-1 exchange visitor. See how to file? How to File I-765 Application Online? These are the high-level steps you need to follow to file the I-765 form online. After creating an online account on USCIS and selecting the I-765 form, the USCIS website will automatically guide you through each step in detail. Create an account with USCIS by visiting myUSCIS > My Account > File a form online. From the drop-down menu, select form I-765, Application for Employment Authorization. The online I-765 form is no different from the physical form. It asks you for the same set of information. However, you can save your progress and resume it anytime. The online form is saved for 30 days. Do not submit duplicate applications i.e. one via physical mail and another online, in this case, your application might get denied. Complete the form and hit the button "Review and submit". After you submit your I-765 online application, you can track your case online with the case number generated. Respond to RFE (Request for Further Evidence, if any): You can do this online by submitting the necessary documents. No need to send it via physical mail. Receive your final decision from USCIS. I-765 Online Filing Fee The filing fee for the I-765 form online is $520. However, it's not required for some categories, and you may be eligible to request a fee waiver. Check the details here . After completing the I-765 form online, you'll need to digitally sign the application and pay the filing fee of $520. You can make the online payment using a credit card, debit card, or directly from a checking/savings account. After clicking 'Pay and submit,' you'll be directed to pay.gov to complete the payment process. Do not click the Back or Refresh button on your browser. If you are not ready to proceed with the payment, click the Cancel button to return to the USCIS online portal. Note that the USCIS filing fee is non-refundable. I-765 Online Processing Time The processing time for an online I-765 application can vary depending on several factors, including the category under which you have applied, the USCIS service center (California, Potomac, Vermont, National Benefits Center, Nebraska & Texas) where your application was sent, and any processing delays or issues that may arise during the review process. However, the I-765 processing time is the same whether you apply online or via mail. You can find the current I-765 processing time here. This data is refreshed daily. I-765 Premium Processing I-765 premium processing is a service from USCIS that makes the processing of the I-765 form faster. If you're an F1 applicant, you can use this service by paying an extra $1685. USCIS guarantees to process the form within 30 days if you choose this option. You can request premium processing online or by physical mail, even if you initially filed I-765 online. If they don't meet this deadline, they refund the extra fee but still process your application quickly. Remember, this extra fee is separate from the regular one, and you won't get it back, no matter what happens with your application. It's important to note that premium processing is not available for all categories of I-765 applicants. Since March 2023, premium processing has been applicable for F-1 OPT & STEM OPT. For more details, refer to this USCIS link . Additionally, you can consult the I-907 form, which is used to request premium processing. Refer to the following blog. Related: How to request premium processing? Steps to File I-765 Online Below are the steps to file Form I-765 online: Step 1: Create an online account with USCIS . To file Form I-765 online, you will need to create an account with the USCIS. Step 2: Complete form I-765. You will be prompted to answer a series of questions and provide details about your background, your eligibility for employment authorization, and your current immigration status, similar to the physical I-765 form. Step 3: Upload supporting documents online. Step 4: Pay the application fee of $520. You can pay the application fee using a credit card or debit card. The current fee for Form I-765 is $520, although this amount may be subject to change. Step 5: Submit your application. After you have completed Form I-765, uploaded your supporting documents, and paid the application fee, you will need to review your application and submit it online. USCIS will send you a confirmation receipt once they receive your application. Step 6: Wait for USCIS to process your application. I-765 EAD Renewal Online The I-765 online form is applicable for both initial applications and renewals of an Employment Authorization Document (EAD). When renewing an EAD, you need to submit a new I-765 form before your current EAD expires. The renewal process mirrors the initial application process. To avoid a gap in employment authorization, USCIS recommends submitting the renewal application at least 180 days before the current EAD expires. Keep in mind that you cannot file for renewal more than 180 days before the current EAD expiration date. FAQs on I-765 Online Application Can H4 EAD be filed online? No, the c(26) category which is used to file H4 EAD is not eligible to file online. How can I get my I-765 faster? You can either request premium processing or request for expedited processing if you don't have the option of premium processing. Please refer to the provided links for details. Is it better to file I-765 online? It's quicker and easier to file I-765 online, so yes it's better. However, the I-765 processing time remains the same. Next: Change of Status to B2 Related Posts ✔ How to apply for B2 visa for parents ✔ Indian Passport Renewal ✔ How to apply for an OCI card Related Topics
- Current Wait Time for US Visa Interview Appointments in India
This page offers the latest updates on the current waiting times for US visa appointments in India, based on the Travel State Gov DOS website . Whether you're applying for a Tourist Visa (B1/B2), Petition-Based Temporary Workers (H1B, L1/L2, O, P, Q), or Students/Exchange Visitors (F1, M, J1/J2), it's important to monitor these US Visa Waiting Times to schedule your visa interview appointments at US consulates or embassies in India on time. Table of Contents: US Visa Appointment India Tourist Visa Petition-Based Temporary Workers Students/Exchange Visitors FAQs US Visa Waiting Time for Tourist Visa (B1/B2) The table below shows the appointment wait times for US tourist visas (B1/B2) in India. US Visa Waiting Time for Petition-Based Temporary Workers (H1B, L1/L2, O, P, and Q) The table below shows the appointment wait times for US petition-based temporary worker visas such as H1B, L1/L2, etc., in India. US Visa Waiting Time for Students/Exchange Visitors (F1/F2, M, and J1/J2) The table below shows the appointment wait times for US student visas (F1/F2), M, and exchange visitor visas (J1/J2) in India. FAQs on US Visa Appointment India How can I check available dates for US visa appointments? You can not check available dates for US visa appointments without paying the appointment fee. You need to fill out the DS-160 first, then pay the fee, once payment is processed, you can schedule your appointment using the DS-160 confirmation number where you will be able to see the available slots. How many times we can reschedule a US visa appointment? Generally, you can reschedule your US visa appointment up to 4 times, and this is including your first booking. What is the US B1/B2 visa fee in India? The B1/B2 visa fee for a US visa in India is $185. As these fees might change in the future, you can also refer to US travel docs for the latest fee details. How to pay the US visa fee in India? You can make the payment using NEFT, UPI, debit/credit card, or cash over the counter at these locations . Next: How to apply for a B1/B2 visa for parents? Related Posts ✔ How to apply for H4 EAD? ✔ US visa invitation letter ✔ B1/B2 visa interview questions for parents
- H1B Lottery Process, Annual Cap, Registration, and Result Dates
The H-1B lottery process begins with an online registration which is done by the employer (that's where an employee needs sponsorship). After that, USCIS performs a random selection process (called the H1B lottery) from the applications that are received. If selected, the employer is notified and files an H-1B petition (Form I-129). Further, if USCIS approves the petition, the employee can start working in the US under H-1B status from the beginning of the fiscal year, which is October 1. H-1B lottery is conducted once a year, typically in March, to select 85,000 registrations. The registration period is only two to three weeks. The second lottery is conducted if the H1B cap is not met. There is no company or country-level cap for H1B applications. Table of contents: H1B Lottery Process What is an H1B lottery? Chances of H1B lottery selection H1B lottery dates H1B Lottery Process FAQs What is an H1B Lottery? Meaning: The H-1B visa program allows U.S. companies to hire and employ foreign workers in specialty occupations that require theoretical or technical expertise. Due to the high demand for H-1B visa applications, the USCIS uses a random selection process called the H1B lottery to select the H-1B applications. The following table shows the H1B annual cap. The following chart shows the top 10 companies by the number of applications approved. You can also find the complete details on the USCIS website . In the year 2024, Amazon, Infosys, and TCS were amongst the top companies that got H1Bs approved. H1B Lottery Chances The probability or chances of getting selected in the H1B lottery have been reduced to 17.71% in FY 2025, compared to over 50% a decade ago. This is calculated based on the total H1B annual cap limit of 85,000. In FY 2024, the situation was even worse, with chances around 10% of applicants' names selected in the lottery. This means only 1 out of 10 applications was selected. The following chart shows how the probability of H1B lottery selection has gone down in the past 15 years. H1B Lottery Dates As mentioned earlier, H1B lottery registration is typically open in March and often closes in two to three weeks. The previous deadline for H1B lottery registration was March 25th, 2024. You can refer to the USCIS website for the latest registration dates. After the initial selection in the lottery, USCIS notifies the employer to file the complete I-129 petition with supporting documents, which has a deadline of June. The initial number of selections was 120,603 for FY 2025, which is higher than the H1B annual limit of 85,000, and this does not mean that your I-129 will get approved 100%. Your I-129 application can still be denied to meet the H1B annual limit. The following table shows how the number of H-1B registrations has increased over the past several years. H1B Lottery Process Below are the 7 steps for the H1B lottery process: Registration Period: Employers register their respective H1B candidates with USCIS. Lottery Selection: USCIS conducts a random selection process if registrations exceed the annual quota of 85,000. Selection Notification: Employers and applicants are notified if their registration is selected. 🎉 I-129 Petition: Employers then file the I-129 petition for the selected applicants. Processing and Approval: USCIS reviews the petitions and may request additional evidence. Approval or Denial: USCIS approves or denies the I-129 petition. Work Authorization: If approved, applicants receive work authorization for the specified period. FAQs on the H1B Lottery Process How many times you can apply for the H-1B lottery? There is no specific limit on how many times an individual can apply for the H-1B lottery. However, each fiscal year (FY), an employer can submit one registration per employee. What is the success rate of the H-1B lottery? For fiscal year 2025 which is starting on October 1st, the selection rate was 17.71%. Roughly 1 out of 5 applications got selected. What is the deadline for H1B lottery registration? Typically, the H1B lottery registration deadline is in March. For FY 2025, the initial registration period began on March 6th and ended on March 25th. What is the I-129 petition deadline after a successful H1B lottery? Typically, the I-129 petition deadline is June end. Employers get approximately 90 days (April 1st to June 30th) to complete the documentation process for the I-129 petition. What is the H1B lottery registration fee? The H1B lottery registration fee is $10. When does USCIS release H1B lottery results? USCIS typically releases the H1B lottery results by March end. For FY 2025, USCIS released results on March 27th. Next: How to apply for H4 EAD? Related Posts ✔ B1/B2 tourist visa for parents ✔ Current green card priority date for India ✔ H4 EAD expedite request Related Topics
- Form I-907: Request for USCIS Premium Processing Online or by Mail
The purpose of Form I-907 is to request USCIS premium processing for certain applications, such as I-765, I-129, I-140, and I-539. However, not all categories under I-765 & I-539 forms are eligible for premium processing. Please refer to the following list of forms to determine which categories qualify for premium processing. You can also find the details here . Form I-129 , Petition for a Nonimmigrant Worker, Form I-140 , Immigrant Petition for Alien Workers, Certain categories (c(3)A, c(3)B, and c(3)C) of Form I-765 , Application for Employment Authorization, and Certain categories of Form I-539 , Application to Extend/Change Nonimmigrant Status. If you are ineligible for USCIS premium processing, you may want to explore USCIS's expedited request option, which is based on humanitarian circumstances . Table of Contents: I-907 Premium Processing Form I-907 PDF I-907 Form Sample I-907 Filing Fee Steps for Filing Form I-907 by Mail I-907 Mailing Address Address for Filing I-907 for I-765 Address for Filing I-907 for I-539 Before You Mail Form I-907 Conclusion Form I-907 PDF You have three options for obtaining form I-907 PDF: You can either download it online from the USCIS website if you have an internet connection. Or, if you don't have internet access, you can request a copy by calling the USCIS National Customer Service Center at 1-800-375-5283. Or, you can request USCIS to mail a form to you. Additional information can be found here . I-907 Form Sample You have the option to submit Form I-907 either online or through the mail. You can include Form I-907 with your main application or file it separately. Even if you've submitted your main application online, you can still request premium processing using Form I-907, either online or via mail. Filing this form yourself is straightforward. To assist you, I've provided a sample Form I-907 for reference. You can use this sample as a guide when filling out your form. I-907 Filing Fee The filing fee for Form I-907 varies from $1,685 to $2,805 , depending on the specific USCIS premium processing request associated with your visa application. Form I-129: A premium processing fee ranging from $1,685 to $2,805. Form I-140: A premium processing fee of $2,805 Form I-765: A premium processing fee of $1,685 Form I-539: A premium processing fee of $1,965 Steps for Filing Form I-907 by Mail I have successfully submitted Form I-907 on multiple occasions via mail, and I'm confident that you can follow these steps to file it as well. Please don't hesitate to ask any questions in the comments section if you have any doubts or concerns. Download I-907 Instructions The initial step is to obtain the Form I-907 instructions, which can be downloaded from the USCIS website via the following link . Feel free to review the instructions, but there are a couple of key points I'd like to emphasize: Remember to complete the form with a black pen or type in black. Ensure you sign it with a handwritten signature. When submitting payment, issue a separate check or money order payable to the U.S. Department of Homeland Security. Avoid using initials like 'USDHS' or 'DHS,' and do not send cash. Fill Out Form I-907 I assume you've already downloaded the Form I-907 PDF from our previous discussion. If not, you can access it here . You will observe that Form I-907 consists of five parts. I presume you are completing the form for your application. We will fill out only those fields that are necessary to process your I-907 form and keep our lives simple. You can disregard the boxes and fields before Part 1; they are designated for USCIS use only unless you intend to file Form G-28, the 'Notice of Entry of Appearance as Attorney or Accredited Representative.' The G-28 form is utilized to convey your eligibility to represent an applicant, petitioner, or respondent. Part 1. Information About the Person Filing This Request Item # 1 to 2. If you possess an Alien Registration Number or USCIS Account Number, you may include them, but they are not mandatory. Item # 3 Enter your First Name and Last Name. Item # 4 If you know your company name, you can mention it; otherwise, you can leave it blank. Item # 5 to 6 & 7. Simply provide your address details. I assume your mailing and physical addresses are the same. If they differ, complete Item # 7 with your physical address. Item # 8 Choose the third option if YOU are requesting premium processing for your application. Part 2. Information About the Request Item # 1 Provide the application Form number for which you are requesting Premium Processing. It could be one of the following: I-129, I-140, I-765, or I-539. Item # 2 If you are filing Form I-907 after filing the main application and you have the receipt number, then please enter the receipt number. If you are filing Form I-907 together with the main application, you can leave this field empty. Item # 3 Complete your classification or eligibility category. You can find the comprehensive list of categories here . Item # 4 to 5. Your name if you are filing for yourself. Item # 6 to 7. You can leave this blank if you don't know. Item # 8 Re-enter the address you provided in Part 1. Part 3. Requestor's Statement, Contact Information, Declaration, Certification, and Signature Item # 1 to 6. It's quite straightforward. You can refer to the following screenshot and complete your details accordingly. Item # 7 Manually sign the form with a handwritten signature and enter the current date. You can skip Parts 4 and 5 if you are filing this form for yourself. Let's keep it simple. That's all; you have completed your Form I-907 application. I-907 Mailing Address Always refer to the USCIS website ( Where to file? ) for the latest information, as these details might change in the future. I have attached snapshots for your convenience: Address for Filing I-907 for I-765 Address for Filing I-907 for I-539 If you are requesting premium processing for Form I-539 seeking a change of status to: F-1 Academic Student or F-2 Dependent of F-1 M-1 Vocational Student or M-2 Dependent of M-1 J-1 Exchange Visitor or J-2 Dependent of J-1 Refer to this for I-140 and this for I-129 . I mostly use FedEx to post these types of requests. Before You Mail Form I-907 Before mailing your Form I-907, please ensure that your package includes the following documents: A fully completed and signed Form I-907. A check or money order for the I-907 application fee. If you are filing Form I-907 together with your main application, please make sure to write two separate checks, each covering the respective fees. A copy of the receipt notice for the main application if you are requesting premium processing after submitting the original application. Conclusion That concludes the I-907 application process. You are now ready to submit your Form I-907 for premium processing. Processing times may vary, typically ranging from 15 to 45 days , depending on your type of application. For more information on processing times, please refer to our next blog. Feel free to comment if you have any questions, and I will do my best to provide answers. Next: Continue reading Related Posts ✔ Expedite request based on humanitarian reasons ✔ H4 and H4 EAD premium processing ✔ I-485 processing time Related Topics
- How to Apply for an OCI Card in the USA for Minors?
OCI Card for Minor (US citizen): To apply for an Indian OCI card for minors or children born in the USA, you would need to go through the OCI document checklist. I will be discussing the OCI application for minor child checklist in detail. New OCI checklist for minors OCI application form for a minor child Photographs, OCI signature for minors, thumb impression (left or right) Consent letter for OCI application Parental authorization form Fee payment & courier By following this blog, you can ensure that you have all the necessary documents ready when you begin the OCI card India application process for your child, and it's filed accurately. You will learn how to fill OCI application for a minor child. In the end, I will also point out some common mistakes that you can avoid. Table of Contents: OCI Application for Minor Child New OCI checklist for minor US national by birth How to fill out OCI application form for minor Part A Part B Registration and Fee Payment OCI Card Fee OCI document checklist and final submission OCI registration form Photographs and signature Parental authorization form Birth certificate Current passport Parents' Indian passport Consent letter for OCI application Marriage certificate Proof of address OCI fee payment and courier OCI card for minor - Common mistakes OCI card for minor - Processing time OCI card for minor - Validity OCI card India - Benefits New OCI Checklist for Minor (US National by Birth) To start the OCI application for a minor child, you must first download the OCI checklist. You can download the checklist directly from the VFS website. I have added the new links below. Try reloading the page if the VFS checklist page doesn't open. Never held an Indian passport: Download Previously Indian passport holder: Download Re-issue of OCI card: Download Note: When I applied for OCI in October 2022. One of the key differences between the old and new checklists is the notarization of the OCI application, which was mandatory earlier; however, the current checklist does not mention that anymore. You can find the old checklist here . Before you begin the OCI application, you will need the following items: Minor's Information : Like name, date of birth, place of birth, visible identification mark, etc. Email ID : It's advisable to create an email ID for your newborn . Gmail allows you to have parental control created for minors under the age of 13. This email ID can also be used for various purposes in the future. US Passport : See my previous post on how to apply for a minor's passport if you haven't applied for a minor's passport yet. Mobile number : One of the parent's mobile numbers. Thumb impression : You need to have the left thumb impression for newborns instead of the signature. You can buy fingerprint black ink from Amazon, I bought these and it worked well. How to Fill OCI Application for Minor The second step is to fill out the online OCI application/registration form. You can fill out the new OCI registration form online through the OCI website . OCI application has two parts, A and B, you will notice this when the pdf is generated after the final submission. Click on "Proceed" and accept the terms and conditions and you will get the following two options. New Application: Either you can fill out the New OCI Application. Retrieve Application: Or you can retrieve the partially filled previous Application with the " Temporary Application ID " (generated in the top right corner when you save the application, see the screenshot in the next section). OCI Application Form - Part A OCI application for a minor child will ask you for basic information like: Place of Submission (see note below) Applicant's Information Applicant's Passport Details Applicant's Family Details Note: If you are applying from the United States then select the place of submission as USA and select the mission closest to you. You can find the Indian embassy's details here . Next, you would need to online upload the following items: Photograph : 2 by 2 Inch photograph ( g uidelines for photo ): You must post the same picture with the package that you upload online. Thumb Impression : The left thumb impression needs to be uploaded. Obtain their thumb impression (in black) on white paper while they are in a deep sleep. Capture several impressions and then scan and select the best one. For minors OCI application, there is some relaxation for photos but try to capture an image that has both ears visible and eyes open. Note that the maximum size limit for photos and thumb impressions to upload is 500 KB each. Related: H1B Grace Period and Severance Pay You can also take a passport photo from your phone camera and edit the picture. On iPhone > Go to photo > Edit > Crop > Square (1:1 ratio) > Paste it on a Word document > Change the height and width of the image to 2 inches > Copy-paste same photo side by side > Print (at least you will get 9 photos). Read more . We have an HP printer and it works well for scanning and printing, if you don't have one you can also get one from Amazon . This will be useful in the long run as there will be a lot of paperwork. Next, you would need to upload all the supporting documents. I uploaded the scanned copy of the following documents. These document lists may vary for you, depending on the OCI checklist. Passport: Minor's US passport. Scan copies of Indian passports for both parents: If you no longer possess an Indian passport, copies of Indian passports belonging to your grandparents or great-grandparents will also suffice. Address proof: Driver's license (both parents). The legal status of parents: Scan copies of Green Card (both parents), or it can be an I-129S approval notice for L1 visa holders, DS2019 for J1 visa holders, or I-797A for H1B visa holders. Relationship certificate: A scanned copy of the applicant's birth certificate. Parental authorization form: Original and notarized. OCI Application Form - Part B In OCI Application Form Part B, other details of applicants will be asked where you would need to answer yes/no, this applies to all the categories. Additionally, it will request information about the family member/relative's name, address, and relationship with the individual staying in India. Related: How to apply for passport renewal for parents in India After completing OCI application parts A and B, you'll need to submit the OCI application form. This will generate a PDF that you'll need to print and sign. I got the page 3 'Declaration' notarized when I applied for OCI. In the case of a minor, any one of the parents can sign the form (Declaration - Application for minor child). Registration and Fee Payment For OCI application fees, you need to visit VFS Global here: VFS Global website for courier services . Select Overseas Citizenship of India from the given options. It will ask you to create a new OCI application where you have to fill out your respective details. I have also provided a sample snapshot below. Additionally, I used a debit card/ credit card for payment mode. Related: How to apply for a B2 visa for parents OCI Card Fee VFS service fee for an OCI card is $15.90, in addition, there is a consular fee of $275 and an ICWF fee of $3, plus taxes. Once you hit proceed, your OCI application fee details will be shown, refer to the below screenshot. These fees might vary in the future. Registration: After this, you will be asked to register yourself and make the final payment. After you make the payment, a fee confirmation letter pdf and a courier label will be generated. The courier label will have the Indian consulate address where you need to send your package. You need to download both PDFs and print them out. OCI Document Checklist & Final Submission This is the OCI document checklist for minors which I followed while applying for my son. This document checklist might vary a little based on your immigration status but overall it should not vary much. Please check the checklist pdf for the supporting document you would need. OCI Registration Form Print the OCI registration pdf which was generated in the previous section . I got the form signed and notarized (declaration page). You might be able to get it notarized from your bank for free, I used USPS notary service where I had to pay $15 per notary. Photographs and Signature You need to send 2 passport-size color photographs. These photographs should be the same ones you uploaded in the OCI registration form part A . Do not paste the photograph on the OCI application, as the application will automatically generate a photo and thumb impression on the form. Instead, just send two passport-size photos separately with the application form. Parental Authorization Form Your sample parental authorization form can be downloaded here . The parental authorization form needs to be notarized and it needs the signatures of both parents. One parent may sign the Parental Authorization Form For a minor with divorced parents, if only one parent has legal custody (with no visitation or child support from the other parent), provide the court order for legal custody. If the court order is in a language other than English, include an English translation by an authorized translator. If one parent has passed away, provide a copy of the death certificate. For a single adoptive parent, include a copy of the adoption document. Birth Certificate You need to submit a copy of the birth certificate (issued by county) for minors and it should reflect the name of both the parents, date of birth, and nationality. Please do not submit the birth certificate issued by hospitals, those are not accepted by VFS. Related: FNU name Current Passport You need to provide a copy of the first 2 and last 2 pages of the applicant's US passport. This should be self-attested, in addition, I also got the applicant's left thumb impression on the copy of the passport pages. Note: On a U.S. passport for a child under 16, a parent should type the child's full name on the signature line. The parent should also sign their name next to the printed name of their child, and note their relation to their child (for example: mother, father, or guardian). Parents' Indian Passport In the case of minors, parents also need to provide a copy of their Indian passport i.e. first 2 and last 2 pages. The passport should be valid at least for 6 months from the date of submission of the application at the VFS consular application center. We self-attested these copies. If your passports are expiring soon, I would recommend renewing them. Refer to this for passport renewal . Proof of Legal Status of Parents in the USA Please provide a self-attested copy of one of the following documents: Green card, US visa, I-797 Notice, or Employment Authorization Document (EAD). Related: How to apply for H4 EAD Consent Letter for OCI Application In the case of minors, parents also need to submit a consent letter that clearly states that the Indian consulate is authorized to make an edit and correct the mistakes made in the OCI government form. You can download the consent letter for the OCI application from here . Affidavit in Lieu of Originals This requirement for the OCI minor's application has been added recently. You must submit a notarized affidavit affirming that the documents accompanying the OCI application are true copies of the original documents, especially when only copies are being provided. Use this link for the format. Undertaking by the OCI Applicant This requirement for the OCI minor's application has been added recently. When I submitted my application, it was not part of the process. You can download the format from here . Related: J1 Visa to Green Card Marriage Certificate of Parents A copy of the marriage certificate is required, and you need to self-attest it. If parents are divorced, a self-attested copy of the divorce decree is required. If one of the parents has passed away, a self-attested copy of the death certificate is required. OCI Address Proof for Minor You are required to submit a self-attested copy of proof of address for one of the parents. Acceptable documents include a not expired Driver's license, State ID, Utility bill, Lease agreement, Income tax return, or Mortgage document. I have submitted a self-attested copy of my driver's license as proof. Check the OCI checklist PDF for the complete list. Related: How to Expedite H4 EAD? Proof of Native Address People who are not U.S. citizens but are living in the USA with a valid long-term visa should provide a self-attested proof of address from their home country. If there is no address proof available, a notarized statement must be given, providing details of their home country address. OCI Fee Payment & Couriers Include the printout of the fee payment confirmation letter and courier label with your OCI application. Additionally, paste the printout of the courier label on your package. OCI for Minor Common Mistakes It's mandatory to complete the VFS online registration process before sending out the physical application. The physical application should be completed and sent within 70 days once the online application is submitted. If you are applying for a new OCI then the envelope should mention "NEW OCI - MINOR (US NATIONAL BY BIRTH)". Do not staple the documents. Include the fee payment and courier printout in the envelope. The photograph should be the same i.e. what you upload online and what you send in the physical form. It's always a good idea to self-attest all the copies of the documents you are sending. Use left thumb impression for minors whether it's a girl or boy. OCI for Minor Processing Time I am sharing my processing time for the OCI card. It took approximately 6 months for me to receive the OCI card. I applied on November 3rd, 2022, and received the OCI card in my mailbox on May 11th, 2023. VFS Global website states it usually processes in 6 weeks but it was not true in my case. Though I had no issues with my application the processing time was six months. I followed up a couple of times for my application and it was always in progress and finally, I received it after 6 months. Related: How to expedite green card processing? OCI for Minor Validity There is no expiry date on the OCI card, but it needs to be reissued once the individual reaches the age of 20. Initially, I thought it was valid for a lifetime, but that's not the case for minor applicants under 20 years of age. According to the CGI-SF release in April 2021: A person who has registered as an OCI cardholder before attaining the age of 20 years will have to get the OCI card re-issued only once when a new passport is issued after his/her completing 20 years of age, to capture his/ her facial features attaining adulthood. If a person has obtained registration as an OCI cardholder after attaining the age of 20 years, there will be no requirement for the re-issue of an OCI card. To update the data regarding new passports obtained by the OCI cardholder, it has been decided that he/she shall upload a copy of the new passport containing his/her photo and also the latest photo on the online OCI portal, each time a new passport is issued up to 20 years of age and once after completing 50 years of age. These documents may be uploaded by the OCI cardholder within 3 months of receipt of the new passport. However, in the case of those who have been registered as OCI cardholders as spouses of foreign origin of a citizen of India or an OCI cardholder, the person concerned will be required to upload on the system, a copy of the new passport containing the photo of the passport holder and also the latest photo along with a declaration that their marriage is still subsisting each time a new passport is issued. These documents may be uploaded by the OCI cardholder spouse within three months of receipt of his/ her new passport. When you receive the OCI card you will notice the date of issue, as you have on your Indian passport, but there will be no expiry date. OCI Card India Benefits When I started applying for an OCI card, I was wondering what benefits we get with an OCI card. Instead, I can get an Indian visa in a few days which costs around 40 dollars, and it's fast. On the other hand, an OCI card has a validity of 10 years and costs around 300+ dollars. So why not just get the visa? Related: Green Card v/s Citizenship Well, I soon realized the benefits of an OCI card and applied for it. These are some major benefits: The right to work and study: OCI card holders can work and study in India without the need for any additional visas. Access to certain financial services: One of the significant benefits is that you can purchase property, open bank accounts, and take loans like other Indian Citizens. This is a big benefit as once you become a US citizen you have to lose Indian citizenship and this would be a significant setback if you want to buy any property in the future. Lifelong multiple entry visa: OCI cardholders are entitled to numerous entry, which allows them to visit India as many times as they want without the need for a visa as long as the OCI card is valid which is 10 years. Same privileges as Indian citizens: OCI cardholders enjoy the same privileges as Indian citizens, except for voting and some political rights, similar to permanent resident rights in the US. Related: B1/B2 visa extension beyond 6 months for parents FAQs on OCI Card for Minor Which documents are to be notarized for OCI minor? The following documents need to be notarized for the OCI card application for minors: Parental authorization form OCI application form (I notarized declaration, page 3) Affidavit in lieu of originals Proof of native address (if applicable) Which thumb impression is required for an OCI card for a minor? For an OCI application for a minor child, a left thumb impression (in black) is needed, regardless of the applicant's gender, whether it's a girl or a boy. Do we need to send the original passport for the OCI minor? No, you don't need to send the original passport for the minor's OCI. You need to send the copies. For OCI, which thumb impression for a baby boy? You need to take the left thumb impression for OCI application (minors who can not sign) whether it's a boy or girl. How to take OCI minor signature? You can take a left thumb impression (in black ink) for OCI minor in the place of signature. Does the OCI card need to be updated with the new passport? No, you don't need to renew your OCI card but you need to upload a copy of the new passport (online) and a recent photo (not older than 30 days) each time a new passport is issued. This is needed up to 20 years of age and once after 50 years of age. What is the required proof of native address for non-US nationals living in the USA? Non-U.S. residents living in the USA on a visa can use their Aadhar card, Indian Driver's License, or Passport to prove their address from their home country. If they don't have these documents, they can provide a notarized statement with their address details. What to do if there is no visible identification mark for the minor? You can simply write N/A if the minor does not have an identification mark. Next: B1/B2 Visa for Parent Related Posts ✔ Go to the Main menu ✔ Green card priority date for India ✔ Indian passport renewal in the US Related Topics
- H4, J2, L2 EAD (Employment Authorization Document) Automatic Extension: 180 or 540 Days?
As of June 2024, the automatic extension period for H4 and L2 EADs is back to 540 days from 180 days (default). It's for applicants who have filed their I-765 applications on time and have valid I-94s. J2 applicants do not qualify for EAD automatic extension. USCIS sometimes extends the automatic extension period for certain EAD applicants from 180 to 540 days to assist applicants and manage the application backlog. The automatic extension applies to EAD renewal applications only, and not fresh EAD applications. Related: How to apply for H4 EAD? EAD Automatic Extension Eligibility Applicants who timely filed their Form I-765 for EAD applications on or after Oct. 27, 2023 , if the application is still pending on April 8, 2024 . Applicants who timely file their Form I-765 application on or after April 8, 2024 , and on or before Sept. 30, 2025 . Refer to this for the latest updates: USCIS Table of Contents: EAD Automatic Extension Introduction Eligible Categories What is Automatic EAD Extension? EAD Automatic Extension Categories Documents Required for Automatic Extension FAQs on EAD Automatic Extension What is Automatic EAD Extension? USCIS introduced a change in May 2022, implementing a temporary rule that significantly extends the automatic extension period for employment authorization and/or EADs. This adjustment now allows certain EAD categories to enjoy an extended period of up to 540 days, compared to the default 180 days. This automatic EAD extension for 540 days specifically applies to eligible EAD renewal applicants only within specific eligible categories. The most common categories include: J2 EAD applicants, category (c)(5), do not qualify for this extension. H4 EAD applicants, category (c)(26), do qualify for this extension. L2 EAD applicants, category (a)(18) with unexpired I-94, do qualify for this extension. Pending I-485 applicants, green card EAD category (c)(9), do qualify for this extension. Note that these days, L2 visa holders do not need an EAD to work; their I-94 with L2S status is sufficient proof of employment authorization. Read more . EAD Automatic Extension Categories The automatic EAD extension 540 days rule applies to the people falling under specific categories, including A03, A05, A07, A08, A10, A17, A18, C08, C09, C10, C16, C20, C22, C24, C26, C31, and A12 or C19. This means that individuals in these categories may benefit from an automatic EAD extension for up to 540 days under the temporary rule. (a)(3): Refugee (a)(5): Asylee (a)(7): N-8 or N-9 (a)(8): Citizen of Micronesia, Marshall Islands, or Palau (a)(10): Withholding of Deportation or Removal Granted (a)(12): Temporary Protected Status (TPS) Granted (a)(17): Spouse of principal E nonimmigrant with an unexpired I-94 showing E (including E-1S, E-2S, and E-3S) nonimmigrant status (a)(18): Spouse of principal L-1 Nonimmigrant with an unexpired I-94 showing L-2 (including L-2S) nonimmigrant status (c)(8): Asylum Application Pending (c)(9): Pending Adjustment of Status under Section 245 of the Act (c)(10): Suspension of Deportation Applicants (filed before April 1, 1997), Cancellation of Removal Applicants, Special Rule Cancellation of Removal Applicants Under NACARA (c)(16): Creation of Record (Adjustment Based on Continuous Residence Since January 1, 1972) (c)(19): Pending initial application for TPS where USCIS determines the applicant is prima facie eligible for TPS and can receive an EAD as a “temporary treatment benefit” (c)(20): Section 210 Legalization (pending I-700) (c)(22): Section 245A Legalization (pending I-687) (c)(24): LIFE Legalization (c)(26): Spouses of certain H-1B principal nonimmigrants with an unexpired I-94 showing H-4 nonimmigrant status (c)(31): VAWA Self-Petitioners Documents Required for EAD Automatic Extension Acceptable documents for proof of the automatic extension of employment authorization and/or EAD validity include: Form I-797C receipt notice referencing the 180-day extension. Existing EAD card. Unexpired Form I-94 (if applicable), particularly for H-4, E, or L-2 dependent spouses, including E-1S, E-2S, E-3S, and L-2S class of admission codes. This combination of documents serves as sufficient proof of an up to 540-day automatic extension. FAQs on EAD Automatic Extension Do I automatically qualify for an automatic extension if my H4 EAD expires? No, you don't automatically qualify for an automatic extension. You are eligible for an automatic extension if you have filed an I-765 application for EAD renewal before your current EAD expires. The receipt notice will state that if you do not receive the new EAD before the expiry date, the validity of your current EAD automatically extends by 180 days. So check your I-797, notice of action receipt notice. Is J2 EAD applicable for a 180 or 540-day automatic extension? No. J2 EAD category which is (c)(5) does not qualify for EAD automatic extension. Can I work if the expired H4 EAD renewal is in process? You can work if you qualify for the automatic extension and have a valid I-94. However, if your I-94 is expired, you cannot work. Next: How to Expedite H4 EAD? Related Posts ✔ Indian passport renewal in the US ✔ Options after H1B layoffs ✔ How to apply for B1/B2 visa for parents Related Topics
- Urgent Humanitarian Reasons USCIS Expedite Request Examples
'Urgent Humanitarian Reasons USCIS Expedite Request' relates to issues concerning human welfare, with examples such as illness, disability, extreme living conditions, bereavement within the family, a pressing need to travel urgently for medical treatment, and more. Note that the 'USCIS Expedite Request' submitted based on urgent humanitarian reasons is different from the 'USCIS Premium Processing Service where you have to pay a fee upfront to speed up your visa application and receive the result within a specified number of calendar days. If your situation qualifies for humanitarian reasons, you might get your application processed faster. There are no specific eligibility criteria to submit a USCIS expedited request; anyone can submit it as long as they have a valid reason. Additionally, there are no fees for this process. However, one thing to note is that USCIS expedited requests can only be made after receiving the case number. Table of Contents: Urgent Humanitarian Reasons for USCIS Expedite Request USCIS Expedite Request vs. Premium Processing USCIS Expedite Request Reasons Severe financial loss to a company or person Compelling US government interests Clear USCIS error Urgent Humanitarian Reasons Examples USCIS Expedite Request Letter Sample How to Make an Expedite Request FAQ's USCIS Expedite Request vs. Premium Processing Both, USCIS expedite request and premium processing are options to speed up your visa application. However, it's important to note that USCIS typically does not consider expedited requests for petitions or applications where premium processing service is available (with few exceptions). USCIS PREMIUM PROCESSING USCIS premium processing provides faster processing for Form I-539, Form I-129, Form I-140, and Form I-765 (EAD) for a fee that varies between $1685 and $2805. Form I-907 is used for filing premium processing requests. Refer to this link to see how you can request premium processing. Form I-129: A premium processing fee of $2,805 applies to Form I-129 requests for E-1, E-2, E-3, H-1B, H-3, L (including blanket L-1), O, P, Q, or TN nonimmigrant classification. A premium processing fee of $1,685 is applicable for Form I-129 requests for H-2B or R nonimmigrant classification. Form I-140: For Form I-140 requests for EB-1, EB-2, or EB-3 immigrant visa classification, a premium processing fee of $2,805 is required. Form I-539: Form I-539 requests seeking a change of status to F-1, F-2, H-4, M-1, M-2, J-1, J-2, and L-2 nonimmigrant status are subject to a premium processing fee of $1,965. Form I-765: Premium processing of Form I-765 with eligibility category (C)(3)(A), (C)(3)(B), or (C)(3)(C) entails a fee of $1,685. USCIS Expedite Request Reasons USCIS Expedite Request Reasons - Apart from emergencies and urgent humanitarian reasons which we will discuss in the next section, USCIS may consider expediting your case based on the following reasons as well: SEVERE FINANCIAL LOSS TO A COMPANY OR PERSON This is one of the most common USCIS Expedite Request reasons and chances of getting acceptance are high if you have concrete evidence to prove it. You should have the supporting evidence ready (USCIS may or may not request it). Related: How did I expedite green card processing? A company shows that it will face a big money problem if it is in danger of failing, losing an important contract, or needing to let go of its workers. Losing one's job can be enough to show a significant financial loss for someone, depending on their specific situation. In either case, you have to provide sufficient documents to prove your request. Here are a few sample letters based on financial loss. Documents like an employment termination notice from the employer, foreclosure notices, letters of request from lenders, etc. would help your request. To be eligible, USCIS will check how promptly you responded to any requests for evidence or additional information and whether your application was submitted on time. If these aspects are satisfactory, USCIS might consider your case. COMPELLING US GOVERNMENT INTEREST If your case is identified as urgent by other government agencies such as the U.S. Department of Defense, U.S. Department of Labor, National Labor Relations Board, Equal Opportunity Commission, U.S. Department of Justice, U.S. Department of State, U.S. Department of Homeland Security, or other public safety or national security interests, then your expedite request has high chances of getting acceptance. CLEAR USCIS ERROR If the individual can provide evidence of USCIS's mistake and its impact on their immigration status, USCIS may grant the expedited request to rectify the error and expedite the processing of their visa extension application. Related: H1B visa to B1/B2 visa Urgent Humanitarian Reasons Examples There could be several types of reasons for urgent humanitarian expediting, which may vary from case to case. Examples include, but are not limited to, illness, disability, extreme living conditions, a death in the family, or a critical need to travel to obtain medical treatment in a limited amount of time. When it comes to expediting requests, the United States Citizenship and Immigration Services (USCIS) follows a case-by-case evaluation process. Each request is carefully considered, and in some cases, additional evidence may be required to support the request. You should have enough evidence to prove two things for the USCIS Expedite Request: Urgency (time-sensitivity), remember that NOT all humanitarian reasons are time-sensitive, and The reason itself It is important to note that USCIS holds the sole authority to decide whether to accommodate an expedited request. Therefore, just because a friend of yours had their expedited request approved, it doesn't mean yours will be approved too. Everyone has a unique situation and needs. If you are considering a USCIS Expedite Request, be prepared to provide the necessary supporting documents and understand that the final decision rests with USCIS. You should submit USCIS Expedite Requests only when you have a valid reason. You can also read about the expedited requests on the USCIS website. MEDICAL EMERGENCY If the applicant or a family member is facing a serious medical emergency that requires immediate attention in a very limited amount of time, then you can submit a USCIS Expedite Request. It must be supported by documentation like medical bills, medical history, a letter from a doctor, a photo of the injury, etc. EXAMPLES Illness: My immediate family members have been diagnosed with a critical illness, and their condition requires my immediate presence to provide necessary care and support during their treatment. Serious medical condition: A close relative is facing a life-threatening medical condition, and I need to be by their side to assist with medical decisions and provide emotional support. Urgent surgery: A family member is scheduled for urgent surgery, and I am required to be present to help with their recovery and ensure their well-being during the postoperative period. Aging parents: My elderly parents, who are U.S. citizens, are facing serious health challenges and need my assistance and care. DEATH OR FUNERAL If a close family member has passed away, and your presence is necessary to attend the funeral and provide crucial support to your grieving family, please be prepared to provide proof confirming the need for your immediate presence. Documents like death certificates, newspaper articles, police reports, or public announcements would support your expedited request. Related: How to apply for H4 EAD? EXAMPLES Emergency travel: My immediate family member has passed away, and I need to travel to the United States urgently to attend the funeral and provide support to my grieving family during this difficult time. Funeral arrangements: A close relative has passed away, and I need to be present in the U.S. to help make necessary funeral arrangements and support my family through the mourning process. Related: Contacting Congressman for Expedite Request SAFETY CONCERNS If the applicant or a family member is facing immediate danger, such as domestic violence, war, or persecution. EXAMPLES I am a victim of domestic violence and need to leave the country immediately for my safety. I am a survivor of a recent natural disaster, and my presence is crucial for my family's recovery and rebuilding efforts. FAMILY SEPARATION If the applicant or a family member is facing a situation where they may be separated from their family, a USCIS Expedite Request might be submitted. ECONOMIC HARDSHIP If the applicant or a family member is facing extreme financial hardship, such as the loss of a job or inability to provide necessities. EDUCATIONAL OPPORTUNITY If the applicant or a family member has been offered a unique educational opportunity that will expire soon, a USCIS Expedite Request might be submitted. Related: How to extend parent's visa beyond 6 months? NATURAL DISASTERS If the applicant or a family member has been affected by a natural disaster, such as a hurricane, earthquake, or flood. AGING OUT If the applicant is a child who is approaching the age of 21 and will age out of their immigration status, a USCIS Expedite Request may be necessary to avoid losing their ability to immigrate. Related: How to renew your Indian passport in the US? ADOPTION If the applicant or a family member is in the process of adopting a child and there is a time-sensitive deadline, it may become necessary to submit a USCIS Expedite Request. Read more. If the applicant shares custody of a minor child with a U.S. citizen and needs to be present to ensure their well-being and proper care. USCIS Expedite Request Letter Sample [Your Name] [Your Address] [City, State ZIP Code] [Phone Number] [Email] [USCIS Case Number] [Date] Subject: Expedite Request based on Urgent Humanitarian Need Dear Sir/Madam, I am writing to request that my application be expedited due to urgent humanitarian circumstances. I am currently in an alarming situation that requires urgent attention, and I hope you can help me process my application as soon as possible. [Insert brief background about your situation, including details about the urgent humanitarian need that requires expedited processing. Be sure to include specific details that support your request.] Due to the urgency of my situation, I humbly request that you expedite the processing of my application. I understand that the processing of my application may take time, but I am confident that your office can help me in this difficult time. I have attached the necessary documents to support my expedited request. Please let me know if you require any additional information to process my request. Thank you for considering my request. I appreciate your time and assistance in this matter. Sincerely, [Your Signature] [Your Name Printed] Related: See more expedited request letter samples How to Make an Expedite Request with USCIS? To make an Expedite request with USCIS, follow these steps: Obtain your receipt number. Keep your supporting documents, case number, and the reason for the Expedite request handy. Contact USCIS at 800-375-5283 or chat with Emma, the USCIS virtual assistant. Make an Expedite request over the call or chat service. Obtain the Expedite service request number. Monitor the status of your immigration application, petition, or request. Receive an email requesting supporting documents (Note: In some cases, USCIS may approve the application without additional documentation). Submit the required supporting documents (via email). Await the decision on your Expedite request. Await the decision on your overall USCIS application. FAQs on Urgent Humanitarian Reasons for USCIS Expedite Request How to contact USCIS to make an Expedite request? To contact USCIS and make an Expedite request, you have the following options: Phone Call: You can call the USCIS Contact Center at 800-375-5283 (TTY 800-767-1833). Emma (USCIS Virtual Assistant): You can use Emma, the USCIS virtual assistant, available on the USCIS website. You can access Emma's chat service on the top right corner of the USCIS website. Provide your case number and explain the reasons for the Expedite request. Contact Through an Attorney: If you have an immigration attorney, they can assist you in making the Expedite request on your behalf. Can I make a USCIS Expedite request before receiving the receipt number? No, you can only make a USCIS Expedite request after receiving the case number for your original USCIS petition or application. What's the USCIS Expedite request fee? The USCIS Expedite request fee is $0; there is no charge for making an Expedite request. What is the processing time for a USCIS Expedite request Typically, you will receive the USCIS response within 7 to 10 days via email. While your case status may also reflect the Expedite request, sometimes USCIS does not update the request status, so it's important to keep a watch on your email. On what basis can I make a USCIS Expedite request? You can make an Expedite request on the following grounds: Severe financial loss to a person or company Urgent humanitarian reasons Clear USCIS error Compelling US government interests Can job loss be considered a reason to make an Expedite request? Yes, according to USCIS, job loss may be sufficient to establish severe financial loss for an individual, depending on the specific circumstances. Is there any form to submit a USCIS Expedite request? No, there is no specific USCIS Expedite request form. You can make a USCIS Expedite request by calling or chatting with Emma. How to submit the supporting documents for the USCIS Expedite request? To submit supporting documents for the USCIS Expedite request, USCIS will contact you via email with the necessary details. So, wait for their response after you make Expedite request. When can't I make a USCIS Expedite request? Typically, USCIS Expedite requests are available only for applications where premium processing is not an option. If your application is eligible for premium processing, it is recommended to request that service instead of USCIS expedited processing. Related: How to request premium processing? What are the documents that can be used to support my USCIS Expedite request? The documents you can use to support your USCIS Expedite request may vary depending on the nature of your request and the specific circumstances. However, common documents that may be useful include: Evidence of Severe Financial Loss Bank statements Rental agreement Tax records Proof of outstanding debts or financial obligations, etc. Urgent Humanitarian Reasons Medical records/receipts Letters from medical professionals Documentation supporting the urgency of the situation, etc. Clear USCIS Error Any USCIS correspondence or notices indicating the error Clarifying documents demonstrating the correct information Compelling U.S. Government Interests Letters of support or recommendation from government agencies Documents highlighting the importance of the case to the government Can I request an Expedite request for an H4 EAD? Yes, you can make an Expedite request for an H4 EAD. Read more. Does the result of the USCIS Expedite request impact my original application or petition? If your Expedite request is denied, it means that USCIS has determined that your case does not meet the criteria for expedited processing. Your original application or petition will continue to be processed through the standard timeline, and the denial of the Expedite request does not impact the outcome of your overall case. Hopefully, this article will help you understand what could be the reasons behind the urgent humanitarian need. Please note that I am not a lawyer and I am only sharing experiences based on people whom I know directly or indirectly who might have gone through a similar situation. Next: How to expedite H4 EAD? Related Posts ✔ How to expedite I-485 application? ✔ How to apply for a minor's passport? ✔ H1B grace period after layoff Related Topics
- J1 Visa Waiver Application Process - Stage 3 (Department of State J1 Waiver)
After receiving the clearance from all three (or two) offices as mentioned in J1 visa waiver Stage 2, the applicant needs to complete an online application form DS3035 with the Department of State (also referred to as DOS for J1 waiver). Table of Contents: J1 Visa Waiver What is a DOS J1 waiver? DOS J1 Waiver (Package 1) DOS J1 waiver mailing address Postal service Courier service DOS J1 Waiver (Package 2) Mailing address What's next? I-612 processing time J1 waiver process time FAQs on J1 Waiver What is a DOS J1 Waiver? DOS J1 waiver is the final step (stage 3) to waive the two-year foreign residency requirement. Please refer to this link and the Department of State website will guide you through the information needed. Note that the physical DS3035 form is no longer accepted by DOS, the DS3035 form has to be completed online through the DOS website. After you finish the online application form DS3035 on the DOS website, a case number will be generated at the end along with a PDF package (the PDF will consist of two sets). The next step is for the applicant to create two separate packages for this, NORI Stage 3. Related: J1 to H1B change of status DOS J1 Waiver (Package 1) One set is generated with the DS3035 package and includes the J1 visa waiver supporting documents (mentioned below). Statement of Reason is a page generated with the DS3035 package. You can click the link to view the DS-3035 statement of reason template that I submitted. Passport copies of exchange visitors (first and last pages). Visa and latest I-94 copy. Copies of all DS2019 issued. Two self-addressed stamped envelopes. The cashier's check of $120 (will be mentioned on the DS3035 PDF package). Current address proof like a copy of the driver's license, State ID, etc. Cover letter: It's optional. Applicant can briefly write a cover letter mentioning the case number, the purpose of sending, and a list of documents included. Related: Can I convert from a J1 visa to Green Card DOS J1 Waiver Mailing Address Create this package and send Package 1 to the following DOS J1 Waiver address: Postal Service Department of State J-1 Waiver P.O. Box 979037 St. Louis, MO 63197-9000 Courier Service Department of State J-1 Waiver P.O. Box 979037 1005 Convention Plaza St. Louis, MO 63101-1200 Note: According to one of the comments, these addresses have been updated. Please cross-check before sending. Postal Service: Department of State J-1 Waiver P.O. Box 979037 3180 Rider Trail S., Earth City, MO 63045. Courier Service: Department of State J-1 Waiver 3180 Rider Trail S Earth City, MO. 63045 Related: How to apply for B1/B2 visa for parents DOS J1 Waiver (Package 2) Package 2 for the J1 waiver includes the third copy barcode page and the following documents: Copies of all NOCs. Cashier's check or money order for a total of $25 + $2 (for using the miscellaneous service). You can make it as a single payment or a separate payment. One self-addressed envelope for receiving the notice confirming that your clearance has been sent to the embassy. Copies of passport front and back page, I-94, visa, driving license (proof of my current address), and the cover letter received during stage 1. It was not mentioned for CGI-SF but I have included it with my package. Biodata & affidavit from Stage 1: Although I don't believe it is mandatory, I have not included it in the package. Applicants who wish to include it can do so. Cover letter: It's optional. Applicant can briefly write a cover letter mentioning the case number, the purpose of sending, and a list of documents included. Mailing Address Send the package to your respective consulate general of India, in my case it was CGI-SF. You can find the list of consulate, address, and contact information here. Consulate General Of India 540 Arguello Blvd, San Francisco, CA 94118 Don't forget to write the case number on both packages. Related: Change of status from J1 to B2 Also, ensure to check your respective consulate pages for Stage 3 documents since it varies between all the consulates. You will find the NORI link associated with each consulate in the same previous link where I have shared the list of Indian consulates. What's Next? The applicant will receive a copy of the recommendation for the waiver addressed to the Indian embassy in Washington (only if you have provided a self-addressed stamped envelope), along with a copy of the third barcode page. The Indian Embassy in Washington will forward your No Objection Statement to the Waiver Review Division. Based on my experience, you will also receive a copy of the No Objection Statement (NOS) from CGI Washington, D.C. After this, you can check your status on the DOS website using your case number. Your case number will become active and it will show up online. However, it might take 1 month or more for a case number to become active after the DOS has received the documents. The status will typically display 'Pending' until the review process begins upon receipt of the following documents (see below). It will gradually show online which documents they have received, so please be patient. No Objection from the Indian Embassy Fee DS3035 Form Copies of DS2019 Statement of reason Passport data pages It may take 2-6 months and the status will then change to "favorable recommendation" unless there is any denial to grant you a waiver. Once a recommendation has been made, your case will be electronically forwarded to the U.S. Citizenship & Immigration Services (USCIS) Vermont Service Center (VSC) where your J-1 waiver eligibility will be determined. Probably in 14-20 days, you will receive an I-797 notice of action from USCIS, which will also contain your receipt number and you can check your case status online using that receipt number. Mostly after this within a week or two your case will be approved and form I-612 (waiver) will be sent out to the applicant by USCIS. It might take up to 2 weeks to receive the I-612 waiver. Related: How to expedite a J1 Waiver Congratulations! 🎉 You have completed your J1 waiver process. Hurdle crossed :) I hope this J1 waiver blog will be helpful for people going through this process. I encourage you to ask any questions you may have by posting your query in the comments section of the Introduction, Stage 1, or Stage 2. Please note that comments on this post are now closed due to the high volume of comments received. I-612 Processing Time The following table shows the I-612 processing times for 80% and 100% of applications for a waiver of the 2-year foreign residence requirement. This data is refreshed frequently from USCIS. Similarly, these are the I-612 processing times for applications seeking a waiver of the 2-year foreign residence requirement based on exceptional hardship or persecution. J1 Waiver Timeline / Processing Time J1 waiver processing time can vary from 8 to 20 months for India, depending on the number of clearances you need and the state you are in. I have shared my timeline in an earlier blog. These are a few timelines shared by people in the comments. I am organizing it below so that others can easily read it. Thank you everyone for your contribution toward sharing the timeline. FAQs on J1 Waiver How to contact the Department of State for a J1 waiver after stage 3? You can contact them via email at 212ewaiver@state.gov. I used this email address for my J1 waiver process and received a response within 10 days. How to check the J1 waiver status? You can check the J1 waiver status at https://j1visawaiverstatus.state.gov/ Next: J1 Waiver Next Step Related Posts ✔ Go to Main Menu ✔ How to file I-140 for J1 visa holders ✔ How to apply for J2 EAD? Related Topics
- Sample Cover Letter for H4 EAD
I have consistently used the following sample cover letter for my H4 EAD applications, and I have not encountered any rejections. Please feel free to make any necessary modifications. Thank you Dataneb for publishing this. Sample Cover Letter for H4 EAD [Your name] [Your mailing address] [City, State, and Zip Code] [Email address] [Phone number] [Date] To: United States Citizenship and Immigration Service Re: H4 Employment Authorization Document (EAD) Application Applicant: [Insert your name] Alien-Number: [If applicable] Dear Sir/Madam, I hope this letter finds you well. I am writing to formally request the processing of my H4 Employment Authorization Document (EAD) application. My name is [insert name], and I was granted an H4 Visa on [insert date] based on my spouse's, [insert spouse's name], valid H-1B Visa status, along with an approved I-140 Immigrant Petition. Enclosed with this letter, you will find all the necessary supporting documents as outlined in the USCIS guidelines: Application fees: Check in the amount of $520 payable to "U.S. Department of Homeland Security". Completed and signed Form I-765. Copies of my passport with visa pages. Copies of my spouse's passport. Copies of approved I-797 notices for both H4 and H1-B. Copies of Form I-94. Copy of marriage certificate (and translation if not in English). Copy of my previous EAD (if any). 2 color photographs. Completed Form G-1145. I kindly request that USCIS process my EAD application at your earliest convenience. If there are any additional documents required or if you have any questions, please feel free to contact me at [insert your address]. I appreciate your time and attention to this matter. Thank you for your consideration. Sincerely, [Insert your name] Next: Apply for H4 EAD Related Posts ✔ H1B grace period with severance pay ✔ B1/B2 visa for parents ✔ Change of status from H1B to B2 Related Topics
- Birth Tourism: Giving Birth in the US on a B1/B2 Tourist Visa
Birth tourism refers to expecting parents traveling to other countries, such as the United States on a B1/B2 tourist visa, for the purpose of giving birth in the US so their children can obtain citizenship there. The main reason for birth tourism is the desire for better education, healthcare, and future professional opportunities for children, including the potential for sponsoring their parents later on. It's seen as a strategic move to secure a brighter future, providing their children with the safety net of U.S. citizenship. In this blog, I will delve into the topic of birth tourism by addressing a series of frequently asked questions. This approach will help you grasp the full scope and implications of giving birth in the USA on a B1/B2 tourist visa. Can I apply for a US tourist visa while I am pregnant? Yes, you can apply for a US tourist visa while pregnant. However, you must be aware that the visa interview and application process might include questions about the purpose of your visit, and you should be prepared to address any concerns the consular officer might have regarding birth tourism. On January 24, 2020, the Department of State amended its tourist visa regulation to address birth tourism. Under this amended regulation, U.S. consular officers overseas will deny any B1/B2 visa application from an applicant if the consular officer believes the primary purpose of their travel is to give birth in the United States to obtain U.S. citizenship for their child. However, the US government understands that some people from other countries might come to the US for medical care while they're pregnant. This is different from birth tourism. It’s important, to be honest about your travel intentions and have sufficient proof of your ability to cover medical expenses in the United States in such a situation. Will my B1/B2 visa application be rejected? Your B1/B2 visa application may be rejected if you apply as a pregnant woman. This could happen because the consular officer might think your main reason for visiting is to have your baby in the US. The purpose of your visit is really important when you apply for a visa. Is it illegal to give birth on a tourist visa in the US? If you already have a B1/B2 tourist visa and enter the US (assuming you cleared immigration), there is nothing illegal about having your baby in the US on a tourist visa. However, if a CBP (Customs and Border Protection) officer determines that you are about to give birth during immigration, your entry will most likely be denied, and you will be sent back to your home country. Will my child be American if I give birth in the US? Yes, if you give birth in the US, your child will automatically be an American citizen. At the age of 18, your child can renounce their US citizenship if they wish to do so voluntarily. What happens if you give birth in the USA with a tourist visa? Your baby will automatically become a US citizen. Your baby can obtain a US passport. There is no legal penalty for giving birth while on a tourist visa. You should return to your home country without overstaying on a B1/B2 visa. You will be responsible for all medical bills related to the birth, which can range from $10,000 to $30,000 or more. As the US taxes by citizenship, not residency, your child will have to pay US taxes as soon as they start working, even if they work outside the US. Your future visa applications might be affected due to perceived misuse of the tourist visa. Can I stay in the US if my baby is a US citizen? No, your child being a US citizen does not grant you automatic permission to stay in the US. Anyway, you don't get any direct benefits by giving birth in the USA. Your child cannot sponsor you as a dependent until they turn 18, and you cannot stay in the USA solely based on your child's citizenship. Additionally, your child cannot live alone without appropriate guardianship arrangements. As a parent of a US citizen child, you would need to apply for the appropriate visa or immigration status if you wish to reside in the US legally. Will they revoke my B1/B2 tourist visa after giving birth? Your B1/B2 visa won't be revoked or canceled solely because you gave birth in the USA as it's not illegal. As long as you return home within the allowed time limits, and do not overstay your visa, and if you clear any medical bills incurred during your stay, your visa status typically remains unchanged. Immigration officials primarily check for overstays or violations of visa conditions, rather than solely focusing on childbirth during your visit. Can I renew my B1/B2 visa after giving birth in the USA? Yes, you can apply for a B1/B2 visa renewal from your home country after giving birth in the USA. However, the renewal process involves submitting a new application and undergoing the interview process again. You must disclose the child born in the US on DS-160 when you apply for B1/B2 renewal. While giving birth in the USA isn't a disqualifying factor, visa officers will assess various factors, including whether any medical bills incurred during your stay were paid, and if you adhered to the permitted length of stay without overstaying. What are the advantages and disadvantages of a baby being born in the USA? Advantages: Automatic US citizenship for the child. Access to high-quality education and healthcare systems in the US. Opportunities for the child to avail themselves of US government benefits and protections. Potential for the child to sponsor family members for immigration in the future. Enhanced travel privileges with a US passport. Better job opportunities for the child as a US citizen. Disadvantages: Financial costs associated with childbirth and healthcare in the USA. Possibility of facing scrutiny or denial of entry by immigration authorities if perceived as engaging in birth tourism. Legal obligations associated with dual citizenship or navigating US tax laws. Challenges in obtaining and maintaining US visas for family members if desired. Can my child sponsor me for US citizenship in the future? Yes, your child, once they reach the age of 21 and meet certain eligibility criteria, can sponsor you for US citizenship or permanent residency through family-based immigration processes. Next: Apply for US Tourist Visa Related Posts ✔ Tourist visa extension beyond 180 days ✔ Tourist visa rejection reasons Related Topics