Frequently asked question

  1. Home


How Can We Help?

421 7th Ave Suite 911, New York, NY 10001, United States
info@emandilaw.com



+1 212-686-7782

GREEN CARDS

If for some reason, your plans change and you are unable to marry within the 90 days allowed period on a K-1 visa, here is what will happen:

  1. Expiration of Visa – Your visa is valid for a 90-day time frame so that you can get married within that period. If you don’t get married, your visa will expire, and you may need to leave the United States. 
  2. Change in Legal Status – If you don’t get married within 90 days, your legal status changes as your visa expires. You will have no reason to stay in the country.



Who pays for employer-sponsored green cards?


Employer-sponsored green card fees are usually the responsibility of the employer.

This includes various costs such as legal assistance fees for immigrant petitions, labor certification expenses, form filing fees, tools and equipment as needed, transportation costs necessary to employment, as well asand living expenses when the employee is traveling on employer business. Other expenses such as Form I-140, Form I-485, and premium processing fees may be paid by the employee, upon agreement between the employer and the employee.

To avoid confusion and disappointment, both parties must discuss and clearly outline their financial responsibilities before beginning the employment-based green card sponsorship process. 


The fastest ways to get a green card or to obtain permanent residency in the U.S. is through the following methods:

  1. Immigration through Family Reunification: 9 months to 5 years
  2. Immigration through Marriage to a U.S. Citizen: around 10 months
  3. Immigration of a Political Asylum to the USA: within 1 year
  4. Immigration of Extraordinary Ability Individuals: 1 to 2 years
  5. Investment Immigration: 12 to 18 months


Yes, a U.S. company can sponsor a green card for a foreign national employee based on a full-time, permanent job offer. Many jobs in the United States do sponsor green cards for foreign nationals. 

The process involves the employer acquiring an approved Application for Permanent Labor Certification from the U.S. Department of Labor (DOL) in most cases. Following this, the employer can file Form I-140, Immigrant Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS) on behalf of the foreign national.

Employees who can be sponsored include those who qualify under various employment-based (EB) immigrant visa categories, such as professionals with advanced degrees, skilled workers, or individuals with extraordinary abilities in their fields. 

Filing the petition signifies the employer’s readiness to hire the employee upon approval.


If any of the categories below apply to your situation, you may not be eligible to sponsor an immigrant in the United States:

  • Those with a criminal history including:
    • Aggravated assault or battery
    • Child abuse or neglect
    • Domestic violence
    • Drug trafficking or distribution
    • Fraud or financial crimes
    • Human trafficking
    • Theft, fraud, or dishonesty
    • Sexual offenses
    • Terrorism-related offenses
  • Those who are not a lawful permanent resident or citizen of the United States
  •  Previous sponsors of immigrants who later became public charges 


Yes, if you have submitted an Affidavit of Support.

Marrying an immigrant is a wonderful step, and There are some important responsibilities to understand when marrying an immigrant. One of these is the Affidavit of Support, a legal agreement where you pledge to financially support your spouse. This helps ensure they have the resources to succeed and can integrate without depending on public assistance programs.

Typically, this obligation continues until your spouse becomes a U.S. citizen, accrues 40 qualifying work quarters in the U.S. (roughly 10 years), permanently departs the country, or passes away.


Typically, a K-1 fiancé(e) visa allows for quicker entry into the United States, whereas a marriage-based visa (also called a spouse visa) accelerates the green card process. 

In 2024, the processing time for a K-1 visa application (Form I-129F) is 8-11 months and the processing time for a CR-1 spousal green card is 14.6 months. 

Nonetheless, the CR1 visa may be a more economical choice for a foreign spouse seeking a green card. Once approved, it allows the foreign spouse to enter the U.S. already possessing a green card. In contrast, couples who marry in the U.S. under a K-1 visa must subsequently file for an adjustment of status to obtain a marriage-based green card.


Yes, even after obtaining a green card through marriage, there are still circumstances under which you could be deported. While a marriage-based green card is a significant step toward secure legal residency in the United States, it doesn’t offer absolute protection against deportation.

Being aware of the following conditions can help you maintain your status:

  • Genuine Relationship: Ensure that your marriage is genuine and not solely for the purpose of immigration benefits to avoid risks of deportation.
  • Self-Sufficiency: Minimize dependency on public assistance as much as possible, as this can be a factor in deportation decisions.
  • Adherence to Laws: Stay connected to communities or activities that promote safety and legality, avoiding any associations that might be seen as threats to national security.
  • Compliance with Immigration Laws: Keep on top of your obligations such as maintaining continuous residence, working only with proper authorization, and adhering to the terms of your visa.
  • Avoiding Criminal Activity: Stay clear of any criminal activities; serious crimes can lead to deportation proceedings.

Remember, staying informed and proactive about your rights and responsibilities as a green card holder is key to securing your future in the United States.


On average, you can expect legal fees to range from a few thousand dollars to several thousand dollars for marriage green card cases.

For 2024, entry-level lawyers typically charge a starting rate of around $2,000 for marriage-based green card services.

More experienced lawyers can charge up to $8,000. These include legal support, document preparation, representation during interviews, and ongoing guidance.

Top-tier law firms and lawyers can charge between $8,000 to $15,000, or even more. These costs are often justified by the firm’s standing, comprehensive legal assistance, tailored service, and representation in intricate matters.

The cost of engaging a lawyer for a U.S. green card via marriage can vary significantly based on various factors. These include the intricacy of your case, the attorney’s level of experience and specialization, your location, and the specific services required.


No, you do not necessarily need a lawyer to apply for a green card through marriage. However, having legal support can be beneficial. A lawyer can review your application to ensure your information is correct and your evidence is strong, which can lessen the chances of your green card application being denied.

IMMIGRATION BASICS


Can a private person sponsor an immigrant?


Yes, private individuals can sponsor immigrants under certain circumstances.

This usually involves providing financial support and ensuring the immigrant has the means to live in the U.S. without relying on public assistance. The most common way to do this is through the Affidavit of Support, where the sponsor commits to financially supporting the immigrant and shows proof of their income and assets.

Keep in mind that sponsorship requirements can differ based on the immigrant category and individual case details. 



How much does it cost to sponsor someone to live in the USA?


Supporting an immigrant typically doesn’t come with direct fees. However, some sponsors choose to cover the expenses of the immigration process, which can cost $1,000 or more. Sponsors must also meet the income requirements to be eligible to support their family to live in the U.S. 

The cost of sponsoring someone to live in the USA depends on the type of sponsorship. Here’s a general overview of the costs for different sponsorship categories:

Family-Based Sponsorship:

  • Form I-130 (“Petition for Alien Relative”) filing fee: $625 (online); $675 (paper)
  • Form I-485(“Application to Register Permanent Residence or Adjust Status”) filing fee: $1,440
    • Additional expenses may include lawyer fees, medical examination costs, and similar charges.

Employment-Based Sponsorship:

  • Form I-140 (“Immigrant Petition for Alien Worker”) filing fee: $715
  • Form I-485(“Application to Register Permanent Residence or Adjust Status”) filing fee: $1,440
    • Other potential costs can include labor certification fees, premium processing fees, legal fees, and associated expenses.

Diversity Visa Lottery:

  • Application fee: None (Additional processing fees will apply once selected)

Investor-Based Sponsorship (EB-5 Visa):

  • Minimum investment amount: $1.8 to $1.9 million (or $900,000 in targeted employment locations). Additional costs may involve legal fees, administrative charges, and investment-related expenses.

Refugee or Asylum Sponsorship:

  • Costs vary widely and may include legal representation fees, application charges, and other related expenses.

These figures are approximate and may vary based on individual circumstances, legal fees, and any extra services needed during the sponsorship process.


To find out the date and time of your USCIS interview, do the following:

  1. Log in to your USCIS online account regularly to stay up-to-date on important information, such as interview dates.
  2.  Be on the lookout for your appointment notice. Once USCIS schedules your interview, they will send you a notice with all the details, such as the date, time, and location of your interview. 
  3. Watch out for any letters from USCIS in your mailbox. Interview notices are also sent by mail. 

In case you haven’t received your appointment notice or if you want to know more about your scheduled date of interview, contact USCIS.


Always tell the immigration officer the truth when asked. Even so, it is best to avoid having to say any of the following:

  • “I’m not familiar with U.S. immigration laws.”
  • “Actually, I have applied for asylum in another country.”
  • “I don’t have travel insurance.”
  • “I don’t know where I’ll be staying.”
  • “I’m not sure about the details of my visa application.”
  • “I’ve been denied a visa before.”
  • “I’m still figuring out my immigration status.”
  • “I don’t have proof of medical examinations or vaccination proof.”
  • “I don’t know how to comply with visa conditions during my stay.”
  • “Do I look like a terrorist to you?”
  • “Can I engage in business activities beyond those allowed by my visa?”
  • “I have plans of volunteer work even without authorization.”
  • “I plan to travel to restricted areas.”
  • “Can you tell me more about the consequences of violating visa rules?”
  • “I intend to take each day as it comes and engage in freelance or independent work with or without authorization.”
  • “Is the immigration process really this slow?”
  • “I don’t have a return ticket yet.”
  • “I plan to join election campaigns and root for my chosen candidate in the country.”
  • “I want to engage in demonstrations and rallies for various causes.”


Yes, even after obtaining a green card through marriage, there are still circumstances under which you could be deported. While a marriage-based green card is a significant step toward secure legal residency in the United States, it doesn’t offer absolute protection against deportation.

Being aware of the following conditions can help you maintain your status:

  • Genuine Relationship: Ensure that your marriage is genuine and not solely for the purpose of immigration benefits to avoid risks of deportation.
  • Self-Sufficiency: Minimize dependency on public assistance as much as possible, as this can be a factor in deportation decisions.
  • Adherence to Laws: Stay connected to communities or activities that promote safety and legality, avoiding any associations that might be seen as threats to national security.
  • Compliance with Immigration Laws: Keep on top of your obligations such as maintaining continuous residence, working only with proper authorization, and adhering to the terms of your visa.
  • Avoiding Criminal Activity: Stay clear of any criminal activities; serious crimes can lead to deportation proceedings.

Remember, staying informed and proactive about your rights and responsibilities as a green card holder is key to securing your future in the United States.

FAMILY IMMIGRATION

If for some reason, your plans change and you are unable to marry within the 90 days allowed period on a K-1 visa, here is what will happen:

  1. Expiration of Visa – Your visa is valid for a 90-day time frame so that you can get married within that period. If you don’t get married, your visa will expire, and you may need to leave the United States. 
  2. Change in Legal Status – If you don’t get married within 90 days, your legal status changes as your visa expires. You will have no reason to stay in the country.



How long are you financially responsible for an immigrant you marry?


Typically, the sponsoring spouse’s financial obligation lasts until their immigrant spouse obtains U.S. citizenship or accumulates 40 qualifying quarters of work in the U.S. (approximately 10 years) based on the Social Security Act guidelines.


Depending on your specific situation, hiring a lawyer for your K-1 visa application can provide numerous benefits, including:

  1. Legal Expertise – Immigration lawyers provide legal expertise and specialized knowledge of K-1 visa requirements and possible legal challenges involved in acquiring one. 
  2. Personalized Guidance – Immigration attorneys can give tailored legal advice based on your unique circumstances, improving your chances of visa approval.  
  3. Document Preparation –  Lawyers can help you prepare and complete your entire K-1 visa application, including all government forms and supporting documents. This minimizes your risk of delays or denials due to errors. 
  4. Peace of Mind – Consulting a lawyer can bring peace of mind and confidence that your K-1 application is as strong as possible and you are setting yourself up for success.


The 2-year rule for the K-1 visa means you need to prove that you and your fiancé(e) have met in person at some point within the last two years.

This is to ensure your relationship is real before you start the visa application process.

You can use various documents like flight tickets, photos together, hotel bookings, or any other tangible proof of being physically together to meet this requirement. Keep in mind that exceptions may apply, such as cases of extreme hardship or situations where meeting in person would go against specific religious, cultural, or social norms.


Yes, if you have submitted an Affidavit of Support.

Marrying an immigrant is a wonderful step, and There are some important responsibilities to understand when marrying an immigrant. One of these is the Affidavit of Support, a legal agreement where you pledge to financially support your spouse. This helps ensure they have the resources to succeed and can integrate without depending on public assistance programs.

Typically, this obligation continues until your spouse becomes a U.S. citizen, accrues 40 qualifying work quarters in the U.S. (roughly 10 years), permanently departs the country, or passes away.


To sponsor a K-1 visa, the U.S. citizen must have an annual income meeting of at least 100% of the Federal Poverty Guidelines for their household size.

Note that the income threshold does vary, depending on on factors such as the number of dependents in your household. 

If you fail to meet this income requirement, you can enlist a joint sponsor to help fulfill the income level required.

EMLPOYMENT BASED IMMIGRATION

Yes, your own company can sponsor you for an Entrepreneur H-1B visa under certain conditions:

  • Company Structure
  • Business Plan and Intent
  • Bonafide Employer-Employee Relationship
  • Specialty Occupation Position
  • Proof and Documentation
  • Prevailing Wage Requirements

Gain further insight into these steps below:

  1. Company Structure: A sole proprietorship is not allowed. Your company must have a formal structure with a board of directors, CEO, or similar role with the authority to hire, pay, and fire employees, including yourself. 
  2. Business Plan and Intent: The government needs to know that your company has a valid purpose and is not created solely to secure an H-1B visa.
  3. Bonafide Employer-Employee Relationship: To qualify for an Entrepreneur H-1B visa, a bona fide employer-employee relationship should be established between your company (as the sponsoring employer) and yourself (the foreign national beneficiary worker). Details like how the employer will direct and supervise your employment need to be documented.
  4. Specialty Occupation Position: The position you are sponsored for must qualify as a specialty occupation. This typically requires at least a bachelor’s degree or its equivalent in a related field, and the job duties must be complex or specialized to justify its qualifications.
  5. Proof and Documentation: You will need to provide proof to support your case. This may include business plans, corporate documents, educational qualifications, job descriptions, organizational charts, and more.
  6. Prevailing Wage Requirements: Your company must agree to pay you a salary that meets or exceeds the prevailing wage for your occupation, as determined by the Department of Labor. This ensures that your employment terms are in line with industry standards.

It’s important to note that obtaining approval for an Entrepreneur H-1B visa can be complex and requires careful preparation and adherence to immigration regulations. Working with H-1B immigration attorneys or experts familiar with the H-1B visa process can greatly assist in navigating these requirements and increasing the chances of a successful petition.



Who pays for employer-sponsored green cards?


Employer-sponsored green card fees are usually the responsibility of the employer.

This includes various costs such as legal assistance fees for immigrant petitions, labor certification expenses, form filing fees, tools and equipment as needed, transportation costs necessary to employment, as well and living expenses when the employee is traveling on employer business. Other expenses such as Form I-140, Form I-485, and premium processing fees may be paid by the employee, upon agreement between the employer and the employee.

To avoid confusion and disappointment, both parties must discuss and clearly outline their financial responsibilities before beginning the employment-based green card sponsorship process. 


Yes, you can put someone with an ITIN on the payroll. However, there are a few considerations to keep in mind concerning employee classification, compliance, payroll processing, and special cases. 

Let’s dive deeper into each of these points for a more detailed understanding:

Employee Classification

As a general rule, workers with ITINS should be treated as independent contractors rather than W-2 employees. Only workers who have proper authorization, such as an Employment Authorization Document (EAD) can be classified as W-2 workers. 

Compliance

ITINS does not provide work authorization so it’s crucial for employers to verify the employment eligibility of each worker using Form I-9 to make sure that your employees can legally work in the U.S. 

Payroll Processing 

Pay your employees with ITINs for proper documentation and taxation processing. Always adhere to U.S. tax laws to avoid penalties in the future. 

Special Cases

If an individual with an ITIN forms an LLC, you can pay them as a business entity, using 1099 payments for their work. This will help you stay compliant while benefiting from their services. However, ensure that the individual has the proper work authorization to perform services in the U.S.


Absolutely! U.S. companies can hire foreign employees. However, companies should acquaint themselves with the rules and regulations associated with managing a foreign worker. This means ensuring the right worker classification, managing global payroll, and adhering to foreign tax and worker regulations. 


If you’re a foreign worker looking to work in the United States, here are some tips to boost your chances of getting sponsored for a work visa by a U.S. employer: 

  • Understand Visa Options
  • Networking
  • Research Companies
  • Valuable Skills
  • Language Proficiency
  • Educational Background
  • Work Experience
  • Professional Image 
  • Customize Applications

Learn more about each of these tips below.

Understand Visa Options

Educate yourself about different work visa options and their requirements. Knowing what your visa options and eligibility are will help you navigate the job search and visa sponsorship process smoothly.

Networking

Build professional connections through networking events and online platforms. Networking can open doors to job opportunities and visa sponsorship.

Research Companies

Look for companies known for sponsoring visas and check their job postings regularly. 

Valuable Skills

Develop skills that are highly sought-after in the U.S. job market, such as analytical thinking, management skills, digital marketing, full stack development, web design, software development, SQL, AI, and more. Acquiring these skills can make you more appealing to potential employers.

Language Proficiency

Improve your English. Being fluent in English not only helps with communication but also makes you a more attractive candidate.

Educational Background

Obtain relevant education and qualifications that match the job requirements. This shows employers that you’re well-prepared for the role.

Work Experience

Gain experience in your field, both locally and internationally, to demonstrate your competence and suitability for U.S. employers.

Professional Image

Maintain a professional online presence and conduct yourself professionally and confidently in interviews. 

Customize Applications

Personalize your resume and cover letter for each job application. Elaborate on how your skills and experiences align with the employer’s requirements.


Human Resources plays a crucial supporting role in the H-1B process, but HR personnel cannot directly apply for an H-1B visa themselves. Here’s why:

The US employer is the petitioner (sponsor) in an H-1B application. This means the company, not an individual within the company, files the paperwork with the US Citizenship and Immigration Services (USCIS).

HR’s Role in the H-1B Process

  • Identifying Need: HR works with departments to determine if there is a shortage of qualified US workers for a specific role, justifying the need for an H-1B hire.
  • Documentation and Compliance: HR ensures the company gathers all required documentation, complies with labor regulations, and correctly prepares the H-1B petition.
  • Coordination: HR coordinates with the prospective employee, the hiring department, immigration attorneys (if involved), and the USCIS throughout the process.
  • Prevailing Wage Determination: HR contributes to determining the prevailing wage for the position in the specific location, ensuring the company offers a salary in line with US labor laws.


Yes, a U.S. company can sponsor a green card for a foreign national employee based on a full-time, permanent job offer. Many jobs in the United States do sponsor green cards for foreign nationals. 

The process involves the employer acquiring an approved Application for Permanent Labor Certification from the U.S. Department of Labor (DOL) in most cases. Following this, the employer can file Form I-140, Immigrant Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS) on behalf of the foreign national.

Employees who can be sponsored include those who qualify under various employment-based (EB) immigrant visa categories, such as professionals with advanced degrees, skilled workers, or individuals with extraordinary abilities in their fields. 

Filing the petition signifies the employer’s readiness to hire the employee upon approval.


An employer can sponsor a foreign worker in the U.S. by following these three steps:

  1. Verifying Eligibility
  2. Department of Labor Approval
  3. Government Filing

Learn more about each of these three steps below.

Step  1: Verifying Eligibility 

Employers should determine if the foreign worker qualifies for sponsorship in their visa category. To do this, employers should: 

  • Review the qualifications and criteria for the H-1B, L-1 and O-1 categories. 
  • Determine if the foreign worker meets the eligibility requirements for sponsorship in the chosen visa category.

Step 2: Department of Labor Approval

In most cases, approval from the U.S. Department of Labor (DOL) regarding Permanent Labor Certification is required before filing Form I-140, although some categories like EB-1 may be exempt.

Step 3: Government Filing:

Once DOL approval is secured, employers must file a petition with U.S. Citizenship and Immigration Services (USCIS) using Form I-140, “Petition for Alien Worker,” together with any required supporting documentation.

The Waiting Period

The final stage involves review, attending interviews, and receiving the visa approval. USCIS will review the petition and supporting documents to determine if the foreign worker is eligible. This may include background checks, reviewing the employer’s compliance with immigration rules, asking the foreign worker to attend interviews or provide additional information and documents if needed, and finally, receiving the visa approval and authorization for the foreign worker to work in the U.S. under the employer-sponsored visa.


It can take around 17.3 months on average for a company to sponsor an immigrant for an employment-based green card.

This process involves multiple steps, such as filing the immigrant petition (Form I-140) with U.S. Citizenship and Immigration Services (USCIS), which takes around 5 to 8 months to process. 

Factors like requests for evidence (RFE), and post-petition approval processes, such as the adjustment of status or immigrant visa processing, can add 8-14 more months to the immigrant visa processing timeline. 

Keep in mind timelines may vary depending on your situation.