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List of Forms by Chapter - Chapter 1 — The B Visa Category (Tourists and Business Visitors)
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I. [1.1] General Description and Criteria for Classification in the B Category - [1.2] General Requirements To Qualify for a B Visa
- [1.3] Legitimate B-1 Activities
- [1.4] Employment Incidental to Authorized Business Activity
- [1.5] Personal Employees and Domestic Workers
- [1.6] Additional Employment-Related Exceptions
- [1.7] Activities Related to the Cultural Arts
- [1.8] B-1 in Lieu of H
- [1.9] Further Limitations on the B-1
- [1.10] Legitimate B-2 Activities
- [1.11] Duration of Stay
- II. Obtaining B Status
- III. Extensions of Stay and Changes of Status
- IV. [1.19] Reporting Requirements
- V. [1.22] Visa Waiver Program for Citizens of Specific Countries
- VI. [1.23] Provisions for Canadians and Mexicans under the USMCA (United States – Mexico – Canada Agreement)
- Chapter 2 — The F Visa Category (Students)
- I. [2.1] General Description and Criteria for Classification in F-1 Visa Category
- II. [2.8] Obtaining F-1 Visa and F-1 Visa Status
- III. [2.15] Change of Nonimmigrant Visa Status to F-1 Visa Status
- IV. [2.19] Issues Following Admission in F-1 Status: Reporting Requirements, Changes in Program, Reinstatement, and Travel
- V. Employment in F-1 Status
- Chapter 3 — The J-1 Exchange Visitor Visa
- I. [3.1] Purpose of the J Visa Category
- II. [3.2] Sponsor Eligibility
- III. Participant Eligibility
- IV. Specific Programs
- College and University Students
- [3.10] Eligibility
- [3.11] Full Course of Study
- [3.12] Student Employment
- Duration of Participation
- [3.13] Degree Students
- [3.14] Nondegree Students
- [3.15] Secondary School Students
- [3.16] Program Eligibility
- [3.17] Student Selection
- [3.18] Permitted Activities While Studying Abroad
- [3.19] Short-Term Scholars
- [3.20] Trainees
- [3.21] Training Plans
- [3.22] Duration of Participation
- [3.23] Evaluation
- [3.24] Flight Training
- Interns
- [3.25] Eligibility
- [3.26] Duration of Participation
- [3.27] Summer Work Travel
- Teachers
- [3.28] Visitor Eligibility
- [3.29] Teaching Position
- [3.30] Duration of Participation
- Professors and Research Scholars
- [3.31] Eligibility
- [3.32] Occasional Lectures or Consultations
- [3.33] Duration of Participation
- [3.34] Change of Category
- [3.35] Extension of Program
- [3.36] Specialists
- [3.37] Eligibility
- [3.38] Duration of Participation
- [3.39] Alien Physicians
- [3.40] Clinical Exchange Programs
- [3.41] Nonclinical Exchange Programs
- [3.42] Duration of Participation
- [3.43] Change of Program
- [3.44] Home Residency Requirement
- [3.45] International Visitors
- [3.46] Eligibility
- [3.47] Duration of Participation
- [3.48] Government Visitors
- [3.49] Eligibility
- [3.50] Duration of Participation
- [3.51] Camp Counselors
- [3.52] Au Pairs
- V. Post-Admission
- Chapter 4 — The E Visa Category (Treaty Traders and Investors)
- I. [4.1] Introduction
- II. General Requirements, Types of Visas, and Durations of Stay
- [4.2] General Requirements
- [4.3] Treaty Countries for E-1 and E-2 Visas
- [4.4] Nationality of Employees, Traders, and Investors
- [4.5] Employment Capacity
- Types of Visas
- [4.6] E-1 Visa — Treaty Traders
- [4.7] E-2 Visa — Treaty Investors
- [4.8] E-2 CNMI Visa
- [4.9] E-3 Visa — Australians in Specialty Occupations
- [4.10] Family Members
- [4.11] Duration of Stay
- III. [4.12] Procedures
- [4.13] Standard Procedures for Applying for E-1 and E-2 Visas
- [4.14] Nonimmigrant Treaty Trader/Investor Visa Application
- [4.15] Visa Application
- [4.16] Company Registration
- [4.17] Family Members
- [4.18] Labor Disputes — Citizens of Canada or Mexico
- [4.19] Change of Status
- [4.20] E-2 CNMI Visa Procedures
- [4.21] E-3 Visa Procedures
- IV. Issues After Admission
- Chapter 5 — The L-1 Visa Category (Intracompany Transferees)
- I. [5.1] Introduction
- II. General Requirements, Types of Visas, and Durations of Stay
- General Requirements
- [5.2] Qualifying Relationship of U.S. and Foreign Companies
- [5.3] Prior Employment Abroad
- [5.4] Changes in Employee’s Capacity or the Multinational Company
- Types of Visas
- [5.5] L-1A Visa
- [5.6] L-1B Visa
- [5.7] Blanket L Petitions
- [5.8] New Offices
- [5.9] L-2 Visa (Family Members)
- [5.10] Duration of Stay
- [5.11] Prior Time in the United States
- [5.12] Recapture
- III. Procedures
- [5.13] Standard Procedures for Obtaining L Visa
- [5.14] Filing L Petition
- [5.15] Visa Application
- [5.16] United States-Mexico-Canada Agreement Considerations
- [5.17] Family Members
- [5.18] Blanket L Petition and Visa
- [5.19] Blanket Petition
- [5.20] Applying for Visa Abroad Under Blanket Petition
- [5.21] New Office
- [5.22] Change of Status
- IV. Issues After Admission
- Chapter 6 — The H-1B Visa Category (Specialty Occupation Workers)
- Chapter 7 — The TN Category for Canadian and Mexican Professionals Under the United States-Mexico-Canada Agreement (USMCA)
- I. [7.1] Introduction
- II. [7.2] General Requirements to Qualify for the TN Visa Classification
- III. [7.3] Initial Application Process — Mexican TN Professionals
- IV. [7.4] Initial Application Process — Canadian TN Professionals
- V. [7.5] Change and Extension of TN and Treaty Dependent Status
- VI. [7.6] TN Occupations
- VII. [7.7] Nonimmigrant Intent
- VIII. [7.8] Comparison of TN and H-1B Status
- IX. [7.9] Change of Address Reports
- Chapter 8 — The H-2B Visa Category (Temporary Nonagricultural Workers)
- I. [8.1] Introduction
- II. [8.2] Qualifying for the H-2B Category
- III. Application Procedures for H-2B Status
- [8.7] Prevailing Wage Determination and Temporary Labor Certification
- [8.8] H-2B Petition
- [8.9] Service in More than One Location
- [8.10] Services for More than One Employer
- [8.11] Change of Employer
- [8.12] Amended or New Petition
- Filing Issues
- [8.13] Agents as Petitioners
- [8.14] Multiple Beneficiaries
- [8.15] Named Beneficiaries
- [8.16] Substitution of Beneficiaries
- [8.17] H-2B Application Packet
- IV. [8.18] Designated Country List
- V. [8.19] Numerical Limit
- VI. [8.20] Admission and Extension Issues
- Chapter 9 — The O and P Visa Categories (Aliens with Exceptional or Extraordinary Ability)
- I. [9.1] O Visa
- [9.2] O-1 Classification
- [9.3] O-2 Classification
- O Visa Petitions
- [9.4] Application
- [9.5] Supporting Evidence
- [9.6] Form of Supporting Documentation
- Unusual Circumstances
- [9.7] Services To Be Provided in More than One Location
- [9.8] Services for More than One Employer and Agents as Employers
- [9.9] Change of Employer
- [9.10] Multiple Beneficiaries
- [9.11] Traded Professional O-1 Athletes
- [9.12] Petition for Alien of Extraordinary Ability or Achievement
- [9.13] Consultations
- [9.14] Requirements for an O-1 Alien of Extraordinary Ability
- [9.15] Requirements for an O-1 Alien of Extraordinary Achievement
- [9.16] Requirements for an O-2 Accompanying Alien
- [9.17] Organizations Agreeing To Provide Advisory Opinions
- Validity and Admission
- [9.18] Approval
- [9.19] Spouse and Dependents
- [9.20] Admission
- [9.21] Extension of Visa Petition Validity
- [9.22] Effect of a Strike
- [9.23] Return Transportation Requirement
- II. [9.24] P Visa
- [9.25] P-1 Classification
- [9.26] P-2 Classification
- [9.27] P-3 Classification
- [9.28] P Visa Petitions
- [9.29] Supporting Evidence
- [9.30] Form of Documentation
- Unusual Circumstances
- [9.31] Change of Employer
- [9.32] Traded Professional P-1 Athletes
- [9.33] Criteria and Documentary Requirements for P-1 Athletes
- [9.34] Criteria and Documentary Requirements for P-1 Entertainers
- [9.35] P-1 Support Alien
- [9.36] Petition for Artist or Entertainer Under a Reciprocal Exchange Program
- [9.37] P-2 Support Alien
- [9.38] Petition for Artist or Entertainer Under a Culturally Unique Program
- [9.39] P-3 Support Alien
- [9.40] Consultation
- [9.41] Requirements for P-1 Athletes and Entertainment Groups
- [9.42] Requirements for P-2 Alien in a Reciprocal Exchange Program
- [9.43] Requirements for P-3 Alien in a Culturally Unique Program
- [9.44] Requirements for Essential Support Aliens
- [9.45] Organizations Agreeing To Provide Advisory Opinions
- Approval and Validity of Petition
- [9.46] P-1 Petition for Athletes
- [9.47] P-1 Petition for an Entertainment Group
- [9.48] P-2 and P-3 Petitions for Artists or Entertainers
- [9.49] Spouse and Dependents
- [9.50] Essential Support Aliens
- [9.51] Denial of Petition
- [9.52] Admissions and Extensions
- [9.53] Effect of a Strike
- [9.54] Return Transportation Requirement
- Chapter 10 — Family-Sponsored Immigration: Immediate Relatives and Family-Based Preferences
- Chapter 11 — Employment-Based Permanent Resident Petitions
- I. [11.1] Introduction
- II. Limitations and Requirements
- III. Process for Filing
- IV. Employment Groups by Preference
- [11.8] First Preference — Priority Workers
- [11.9] Persons of Extraordinary Ability
- [11.10] Outstanding Professors and Researchers
- [11.11] Certain Multinational Executives or Managers
- [11.12] Second Preference — Members of the Professions Holding Advanced Degrees or Foreign Nationals of Exceptional Ability
- [11.13] National Interest Waiver
- [11.14] Foreign Medical Graduates
- [11.15] Third Preference — Skilled Workers, Professionals, and Other Workers
- [11.16] Application Process for EB-1, EB-2, and EB-3 Workers
- [11.17] Fourth Preference — Special Immigrants
- [11.18] Fifth Preference — Employment Creation Investors/Entrepreneurs
- [11.19] Definitions
- [11.20] Petition Requirements for Foreign Investor/Entrepreneur
- Chapter 12 — Permanent Residence Under the Diversity Immigration Visa Program
- Chapter 13 — Consular Processing of Visa Applications
- I. [13.1] Place of Application
- II. [13.2] Personal Appearance of Applicant
- III. [13.3] Filing an Application for a Nonimmigrant Visa
- IV. [13.6] Filing an Application for an Immigrant Visa
- V. [13.9] Passport Requirements
- VI. Supporting Documents and Fingerprinting
- VII. [13.16] Medical Examination
- VIII. Validity of Visas
- IX. Refusal of Visas
- Chapter 14 — Adjustment of Status (Obtaining Legal Permanent Resident Status in the United States)
- I. [14.1] Introduction
- II. [14.2] Eligibility for Adjustment of Status
- [14.3] Foreign Nationals Ineligible for Adjustment of Status
- [14.4] Foreign Nationals Eligible To Apply for Adjustment of Status
- [14.5] Effect of Departure and Reentry
- [14.6] Availability of Immigrant Visas Under §245 of the Immigration and Nationality Act and Priority Date
- [14.7] Conditional Basis of Status
- [14.8] Adjustment of Status from K-3 or K-4 Status
- III. [14.9] Filing Adjustment of Status Application
- IV. Adjustment of Status upon Payment of Additional Sum Under §245(i) of the Immigration and Nationality Act
- Chapter 15 — Naturalization and Citizenship Applications
- I. [15.1] Introduction
- II. Requirements To Become a Naturalized Citizen
- [15.2] Age
- [15.3] Residency
- [15.4] Continuous Residence and Physical Presence
- [15.5] Good Moral Character
- [15.6] Attachment to the Constitution
- [15.7] Language
- [15.8] United States Government and History Knowledge
- [15.9] Oath of Allegiance
- [15.10] Special Cases
- [15.11] Current Military Personnel
- [15.12] Veterans
- [15.13] Spouses of United States Citizens
- [15.14] Aliens with Extraordinary Ability
- III. [15.15] Where To File
- Chapter 16 — Service Center Processing: U.S. Applications
- I. [16.1] Service Center Processing Overview
- [16.2] Applications Filed at a Service Center
- [16.3] U.S. Citizenship and Immigration Services Lockboxes
- [16.4] Acceptable Methods of Submitting Forms with the Service Centers
- [16.5] Where To File
- [16.6] Filing Guidelines
- Miscellaneous Instructions
- [16.7] Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative
- [16.8] Attorney Cover Letter
- [16.9] Translations
- [16.10] Photographic Instructions
- II. U.S. Citizenship and Immigration Services Premium Processing and Expedites
- III. Online Filing
- IV. Receipts, Processing Times, and Status Inquiries
- V. Requests and Notices
- VI. Approval Notices, Petition Information Management Service, and Consular Notification
- Chapter 17 — Employment Eligibility and Workplace Enforcement/Immigration Raids
- Farah S. Abbas
Farah S. Abbas
Farah S. Abbas is Principal Attorney at Abbas Law PLLC, in Chicago, where she concentrates her practice in investment-based immigration. Abbas is licensed in Virgina and Illinois, and she is a member of the American Immigration Lawyers Association. Abbas earned her B.S. from New York University, Leonard N. Stern School of Business, and her J.D. from The George Washington University School of Law.
- James G. Aldrich
James G. Aldrich
James G. Aldrich is a Member at Dykema Gossett PLLC, in Bloomfield Hills, Michigan, where he leads the firm’s Immigration Team in the Labor and Employment Department. He has been recognized in The Best Lawyers in America for Immigration Law (2021 – present) and by The Legal 500 (United States) for Labor and Employment — Immigration (2017 – 2019). He is a member of the State Bar of Michigan and the American Immigration Lawyers Association. Aldrich earned his B.A. from Michigan State University and his J.D. from the University of Detroit Mercy School of Law.
- Christina E. Coleman
Christina E. Coleman
Christina E. Coleman is the owner of Coleman Immigration LLC, in Chicago, where she focuses her practice on immigration law. Coleman is a member American Immigration Lawyers Association, has been named a Super Lawyer (2022), and is a frequent CLE presenter.
- Elise S. Levasseur
Elise S. Levasseur
Elise S. Levasseur is a Member at Dickinson Wright PLLC, in Troy, Michigan, in the area of business immigration. Levasseur is a member and Past Vice Chair and Education Chair of the American Immigration Lawyers Association; Past Chair of the Immigration Committee, International Section, Michigan Bar Association; and Past Cochair of the INS Liaison Committee, Michigan Chapter, American Immigration Lawyers Association. She has been listed in Best Lawyers in America, Michigan Super Lawyers, and Business Top Lawyers. Levasseur received her B.A. from Wayne State University and her J.D. from Detroit College of Law.
- Jacqueline Lentini McCullough
Jacqueline Lentini McCullough
Jacqueline Lentini McCullough is an attorney at Law Offices of Jacqueline Lentini, LLC, in St. Charles, where she focuses her practice on employment-based immigration. She is a member of the American Immigration Law Association and serves on the CBP Liaison Committee (2018 – present). She is also a member of both the Trusted Advisors Council Social Committee and the Kane Country Bar Association. She earned her J.D. from Chicago-Kent College of Law, her M.A. from Brown University, and her B.A., cum laude, from Boston University.
- Stephen J. Navarre
Stephen J. Navarre
Stephen J. Navarre is a Principal at The Navarre Law Firm, LLC, in Chicago, where he focuses his practice on employment and family immigration. He is Former Chicago Chapter Chair and National Board Member of the American Immigration Lawyers Association, and he is also a recipient of the Joseph Minsky Legal Scholar Award. Navarre earned his J.D. from Chicago-Kent College of Law, where he was order of the Coif, his M.A. in Medieval Studies from Indiana University, and his B.A.in American Studies from the University of Notre Dame.
- Marc A. Primack
Marc A. Primack
Marc A. Primack is a Partner at Dressler & Peters LLC, in Chicago, where he concentrates his practice in commercial litigation. Primack received the Chicago Volunteer Legal Services Foundation’s Distinguished Service Award in 2008 and 2013 and has been named an Illinois Leading Lawyer in Commercial Litigation. He is a member of the American Immigration Lawyers Association. Primack received his A.B. from the University of Chicago, where he was Phi Beta Kappa, and his J.D. from Stanford Law School.
- Lisa Scott
Lisa Scott
Lisa Scott is the Founder of Scott Global Migration Law Group, in Chicago, where she focuses her practice on immigration law. Scott is a member of the American Immigration Lawyers Association. She earned her J.D. from Case Western Reserve University and her A.B. from Vassar College.
- Fazila Vaid
Fazila Vaid
Fazila Vaid is a Principal and Chair at Masuda, Funai, Eifert & Mitchell, Ltd., in Schaumburg, where she concentrates her practice in immigration. Vaid serves as Chair of the American Immigration Lawyers Association’s Social Security Administration Committee, and she has also been designated as a Leading Lawyer. Vaid earned her J.D. from the Illinois Institute of Technology Chicago-Kent College of Law.
- Ian D. Wagreich
Ian D. Wagreich
Ian D. Wagreich is a Partner at Hinshaw & Culbertson LLP, in Chicago, where he focuses on immigration law. Wagreich received the American Immigration Lawyers Association Sam Williamson Award for Mentoring (2022), the AILA Chicago Chapter Joseph Minsky Beacon of Light Award (2014), and multiple AILA President’s Commendations (2011, 2014, 2015). He was named to Who’s Who Legal: Thought Leaders — Corporate Immigration (2019 – 2022). Wagreich earned his J.D. from Loyola University of Chicago School of Law and his B.S. from the University of Wisconsin – Madison. He also received a diploma in International Practice from the Center for International Legal Studies.
Immigration Law 2022 Edition
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