Visa FAQ

Answers are based on reviewed official sources from USCIS and the U.S. Department of State. These answers are general; your specific situation may differ.

General Questions

Can I apply for a U.S. visa while in the United States?

It depends on the visa type. Some nonimmigrant categories allow change of status (COS) within the U.S. by filing Form I-129 or I-539 with USCIS. A COS approval does not give you a visa stamp, though. You will need a consular interview the next time you travel outside the U.S. and want to re-enter in the new status. Green card (adjustment of status) applications are filed with Form I-485 while inside the U.S. if a visa number is available.

What is the difference between a visa and immigration status?

A visa is the stamp in your passport that allows you to request entry at a port of entry. Your immigration status (shown on your I-94) is the authorization you actually hold once admitted. You can be in valid status with an expired visa (for example, your H-1B was extended but you haven't traveled abroad for a new stamp). You cannot enter the U.S. with an expired visa, but you can remain and work if your status is valid.

What happens if I overstay my visa?

Overstaying your authorized period of admission triggers unlawful presence. Accumulating more than 180 days of unlawful presence results in a 3-year bar from re-entering the U.S.; more than 1 year results in a 10-year bar. There are limited exceptions and waivers for certain circumstances.

E-2 Treaty Investor

Is Israel an E-2 treaty country?

Yes. Israel joined the E-2 treaty on May 1, 2019. Israeli nationals are eligible to apply for E-2 investor status.

Is there a minimum investment amount for E-2?

There is no fixed statutory minimum. USCIS evaluates whether the investment is substantial relative to the total cost of the business. Consulates and USCIS officers typically scrutinize investments below $100,000 more closely; investments of $150,000 or more generally have a stronger record of approval. Passive investments (stocks, real estate held for appreciation) do not qualify.

Can I get a green card through E-2?

The E-2 is a nonimmigrant visa and does not directly lead to a green card. You may simultaneously pursue an immigrant pathway (such as EB-2 NIW or EB-5) while on E-2 status. The E-2 is not a dual-intent visa, but USCIS and courts have generally allowed this combination in practice. Consult an attorney about your specific plan.

H-1B

When can my employer file my H-1B petition?

H-1B petitions for cap-subject workers are filed after selection in the March lottery. The fiscal year begins October 1, and USCIS starts accepting petitions in April. Cap-exempt employers (universities, nonprofits, certain research entities) can file at any time.

What if I am not selected in the H-1B lottery?

You may be registered again the following year. Cap-exempt employment (at a qualifying university or nonprofit) does not require lottery selection. Other options include O-1 (extraordinary ability), TN (for Canadian/Mexican nationals under USMCA), or an employer-sponsored green card through other pathways.

Can my H-1B employer change?

Yes, under AC21 portability. Once you have an approved I-140 (or a pending I-140 filed at least 180 days ago), you can change to a same or similar occupation with a new employer by having the new employer file an H-1B transfer petition.

EB-2 NIW

Do I need a job offer for EB-2 NIW?

No. The National Interest Waiver specifically waives the job offer and labor certification requirements. You self-petition by filing Form I-140 directly with USCIS.

How strong does my NIW case need to be?

Under the Dhanasar (2016) framework, you must show: (1) your proposed work has substantial merit and national importance, (2) you are well-positioned to advance it, and (3) it would benefit the U.S. to waive the job offer requirement. Cases are strengthened by publications, citations, awards, institutional support letters, and evidence of prior impact in your field.

How long does NIW processing take?

Form I-140 standard processing: approximately 4–8 months. Premium processing (Form I-907) reduces this to 15 business days. After I-140 approval, you must wait for a visa number to be available (check the Visa Bulletin) before filing I-485 (adjustment of status) or completing consular processing.

F-1 Student

Can I work in the United States on an F-1 visa?

Yes, within limits. On-campus work (up to 20 hours/week during the semester) is allowed without special authorization. Off-campus employment requires authorization: CPT during your studies (tied to your curriculum) or OPT after you complete your degree (12 months, or up to 36 months with a STEM degree at an E-Verify employer).

What is SEVIS and why do I pay a fee?

SEVIS (Student and Exchange Visitor Information System) is the DHS database that tracks international students. The I-901 SEVIS fee ($350 for F-1) must be paid before your visa interview. Your school reports your enrollment and status to SEVIS throughout your program.

Can I change schools on F-1?

Yes. You must transfer your SEVIS record to the new school before your current program end date. Your DSO initiates the transfer; a 60-day transfer window applies after completing your current program. You cannot start classes at the new school until your new I-20 is issued.

Disclaimer: These answers are for general informational purposes and do not constitute legal advice. Immigration rules change frequently. Consult a licensed immigration attorney for advice specific to your situation.