International Faculty and Staff Services Questions

Q. What is the difference between an immigrant and a nonimmigrant visa?

An immigrant visa is issued to persons wishing to live permanently in the United Sates. A nonimmigrant visa is issued to persons with a permanent residence outside the U.S. but who wish to be in the US on a temporary basis, for tourism, medical treatment, temporary business or pleasure, work, or study.

Q. What is a Visa?

The term refers to issuance of a visa from an Embassy or Consulate abroad that permits one to travel to the US. A visa is used only to cross borders and has nothing to do with the length of your stay in the US. The Visa is inserted into the person's passport to show entry into the country has been granted. The Visa will list a Class Type for the person while in the country. This indicates what the person is authorized to do while in the country (i.e. work, study, conduct business, etc.).

Q. How long does it take USCIS to approve an H-1B?

This type of petition is currently taking USCIS Service Centers about 4-6 months to adjudicate.

Q. If I have an expired visa, such as an "H" or "L" visa, can I be issued another nonimmigrant visa before leaving the U.S. for a temporary absence?

No. Visa revalidation by mail is no longer available. You may need to visit a US Consulate aboard to obtain a new “entry” visa prior to re-entry to the United States. We recommend that you visit the website of the U.S. Consulate you plan on visiting for the most up-to-date information.

Q. Why do people call it a "Green Card"?

"Green Card" refers to cards issued by the former INS prior to June 1978 to lawful permanent resident aliens. For a very short period these cards were tinted green, but most versions were blue. There are numerous versions of this card because it was periodically revised.

Q. What should I do if my Green Card is expiring?

Lawful permanent residents with an expiring Green Card will not lose their legal status in the United States, but they must renew their expiring Green Card to show proof of their status, eligibility for employment and to avoid problems when re-entering the United States. Green Card holders can apply to the USCIS up to six months prior to the expiration date of the card.

Q. What is a National Interest Waiver?

Aliens who are eligible under the employment based preference #2 Immigrant category ("EB-2") may seek a national interest waiver of the normal labor certification requirement. The Immigration & Nationality Act does not set forth criteria or define what is "in the national interest". USCIS regulations merely state "The Director may exempt the requirement of a job offer, and thus of a labor certification, for aliens of exceptional ability in the sciences, arts, or business if exemption would be in the national interest." USCIS administrative decisions mention various factors they may consider, including but not limited to, improving the U.S. economy, wages and working conditions; environment education and training programs for children; health care; etc.

Q. What is the difference in the employment based preferences of the immigrant category for permanent residence?

EB-1 classification refers to Foreign Nationals of Extraordinary Ability, Outstanding Professors and Researchers and Multinational Executives and Managers and allows a person to petition for the lawful privilege of residing permanently in the U.S. without obtaining a labor certification.
EB-2 classification refers to Workers with Advanced Degrees or Exceptional Ability in the Sciences, Arts or Business and allows a person to petition for immigrant status. But, not only is a job offer usually required, the employer must complete the labor certification process. This process involves testing the job market to show that there are no U.S. workers or permanent residents qualified or willing to accept the position being offered. Although, if an individual can show that his work is in the national interest, the job offer and labor certification requirements can be waived.

Q. How do I make an appointment at the local USCIS office?

You must schedule an appointment using the online INFOPASS service provided by the U.S. Citizenship & Immigration Services.

Q. What is the difference in Immigration law versus Employment law?

Court cases generally hold that an employers' promise to obtain a visa or a green card for an employee or statements in a visa petition promising to employ a foreign national for a set period of time do no convert an "employment-at-will" relationship into an enforceable contract for a fixed term.