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FAQ - USCIS I-864a

What is the purpose of USCIS I-864a?
The purpose of USCIS I-864a is to obtain a “certificate of eligibility”, which gives the applicant the right to work in the U.S. permanently. A temporary work visa may provide that right. What is a permanent work visa? A permanent work visa is a visa that: Is issued to a foreign national in exchange for performing a specific job for an employer Is issued to a foreign national with a job offer from an employer Is not considered “work”, and the visa is only granted to enter or leave the U.S. permanently The most common types of work visa in the U.S. are: TIP — Temporary Integrated Employment Program (TIP) — Temporary Integrated Employment Program (TIP) W-1 — Work Permit (formerly known as R-1) under the Immigration and Nationality Act (INA), — Work Permit (formerly known as R-1) under the Immigration and Nationality Act (INA), T-2A — Temporary Employment Authorization (EEA) card — Temporary Employment Authorization (EEA) card T-2B — Temporary Employment Authorization (EA) card — Temporary Authorization (EA) card S-1 — Special Immigrant Visa If the employer has no intention to renew the visa, the USCIS cannot issue a TIP or S-1 work visa. But a worker can be issued a W-1 if his or her original employer has not renewed the visa. There are different types of temporary work visas issued under the Immigration and Nationality Act. These include TIP, W-1, S-1, EEA or EA work permits. How long does it take for a work visa to be granted? Can I renew it? Work immigration visas are for a maximum of three years. However, these visas can be renewed or extended as needed. There are two types of work visas, TIP and W-1. These visas are granted to a foreign national during an economic crisis or other emergency situation. When the economic crisis or other emergency has ended, the work visa is automatically extended, and the work visa can be either renewed or extended as needed. Who issues work visas? A worker, the U.S. company, and the sponsoring alien are all required to sign off on the work visa application and the worker's immigration application.
Who should complete USCIS I-864a?
A non-citizen who has lived in the United States for at least 5 years must submit Form I-864 or Form I-765 to the USCIS office nearest the address on the face of the document. How do I complete Form I-864a? To request an I-864A, you must file a paper I-864 with USCIS by the due date listed on the form. There are no exceptions to this, either in time of the filing or the number of paper I-864s you must file. What documents will I need for USCIS to accept the I-864 as an I-695 claim? You will need all the following documents if you want to complete an I-864 as an I-695 claim: A copy of your I-864 and form I-765 Your passport Your permanent residency card Proof of payment of all taxes and fees due to the IRS on the first page of the tax return for each calendar year in which you apply for a social security number A statement from your employer in which you state your current address and where you are employed. If your employer states you are no longer working with them, you will also need your previous work authorization document along with the documents listed under I-765 in the I-864 application.
When do I need to complete USCIS I-864a?
USCIS will send your fee request for processing, and a fee payment plan, to you with your request or request for adjustment. USCIS will mail you an acknowledgment letter as soon as it receives your original form I-864a. Your acknowledgment letter will not include a fee payment plan. In addition, USCIS will send additional documents (such as a copy of your medical records) with your I-864. Your acknowledgment letter will not include any of these documents. I-888 Fee Waiver Do I need a fee waiver if my I-864 is already listed on my USCIS Electronic Filing System (EFS)? If your USCIS Electronic Filing System (EFS) is not yet used for an I-864, you can sign a “waiver authorization” form to have USCIS pay the filing fee for submitting your I-864, and waive the USCIS I-864 fee for receiving your Form I-864. Note: Unless you file for a waiver before the end of the 15-day waiting period, you must pay the USCIS I-864 fee (currently 5.00) or submit a fee waiver authorization before the 15-day waiting period ends. For more information, read our I-864 Waiver and Filing Fee FAQ! What if I don't want USCIS to charge me for a fee waiver? USCIS may charge you a processing fee that is equal to the fee waiver. However, before the USCIS I-864 process is processed, you should contact your local USCIS office to make sure that the local office will process your application. Once your I-864 is processed, you can check to see if it was a USCIS I-864. If your Form I-864 was processed, you need to visit the USCIS Service Center, mail your Form I-864 to USCIS, and then contact your local USCIS office to complete the processing. If your Form I-864 was not processed, you will need to pay the filing fee for submitting your I-864. Can Form I-864 be submitted with the additional request for employment verification? Yes. You may submit your Form I-864 with your request for employment verification.
Can I create my own USCIS I-864a?
For some types of work (such as a business or government contract), a Form I-864 (Dissertation, Dissertation, and/or Master's thesis) needs to be accompanied by a fee waiver. For a fee waiver, see the link below. Can anyone use my I-864a to get a work permit? Yes, you and other applicants for work permits will need to use this form with the same information. Use the latest version of the I-864 form to allow USCIS to recognize your status when filing new forms. What should I include on the I-864? You will need 2 pieces of information if you are applying for a work-based green card: your social security number or (if the I-864 was used for the spouse preference) the last four digits of your SSN; and The last four digits of the employer's SSN. If you are using this form to get a spouse work-based green card, you will need to provide the following documents: two photographs of each applicant, one passport size; your marriage certificate, if you have one; the spouse's visa or travel document, if required under certain visa categories; the spouse's medical insurance policy, if required under certain health insurance requirements; a completed Form DS-1172 (Application for Visa); and The applicant's U.S. income tax return. The Form DS-1172 will also require certain information, including the applicant's current employer and address in the United States (this information is not required for any other type of green card). Please note that you can obtain more information, including questions and answers, about the I-864a on our I-864a Information Pamphlet page. When will my I-864 be processed? You will receive a copy of your I-864 in the mail within about ten business days of your completed forms. If your I-864 has not arrived by that date, contact USCIS. Otherwise, the USCIS should have your forms in processing within 6-10 days. Once your I-864 is processed, you must submit a new form if your spouse preference is denied or if your employment status changes. To find your Form I-864 application number, visit the USCIS website in my home country or one of the other country's residence.
What should I do with USCIS I-864a when it’s complete?
If you are unsure what to do next, you have the right to request the form be re-processed to your own preference. However, there are certain things to consider before doing so. First, you should send a letter requesting re-processing to the USCIS Regional Director within the United States. Please submit this letter by completing a USCIS Re-processing Request (Form I-765) and mailing or emailing it to: U.S. Citizen Petition for Alien Relative (Form I-864) USCIS One White House Office Park NW Washington, DC 20 Note: This information is intended for USCIS Regional Directors only. For more information see the Instructions for USCIS Re-Processing Requests (Form I-765) or call the USCIS Citizen Petition for Alien Relative line at (855) USCIS-1 (877) USCIS- (TDD-US). Next, you must return to the USCIS Processing Center and complete the I-864 Application Verification (Form I-765, with supporting I-765-1, I-864a fee) and I-864a Report of Foreign Status (Form I-864a) to request re-processing. Note that even if your application is complete, you must still make a request for re-processing to the USCIS Regional Director. See the Instructions for USCIS Re-Processing Requests (Form I-765) to learn more. If the form is not completed or the I-863 request is received by 10:00 a.m., November 10, 2008, then USCIS will not process the I-863 petition. What options are available for returning my I-863 (A) petition when I am ready for a decision? When the USCIS decides to approve your I-863 (A) petition or deny your I-863 (A) petition, you will receive an I-864(Q) certificate and are advised to file the I-863 (A) petition. If the USCIS decides to delay decision on your I-863 (A) petition, you will receive an I-864(R) certificate and are advised to file the I-863 (A) petition.
How do I get my USCIS I-864a?
You can submit your I-864 online at. Note: If you don't have access to the internet, you can write to USCIS and ask your local USCIS office to mail you an I-864. Who is my USCIS-Certified agent? Your USCIS-Certified agent is the person who receives your request for approval. Your Agent can also authorize you to work as an independent contractor under the E-Verify System.
What documents do I need to attach to my USCIS I-864a?
All documents that you believe must be attached to your initial I-864 application are acceptable, whether they are electronic or physical documents. Copies of originals are acceptable as well. The applicant's signature is not required, but may be requested. However, to ensure that the original documents cannot be altered, please be certain to keep any additional copies with you during your visit. 2. Before you visit the office, please fill out the USCIS Form I-864 Application for Petition and I-864 Form I-360 (Application for Evidence of Identity or Residence) by providing copies of the following: (1) Your I-864, if applicable for filing, and (2) A notarized document that states that you are the applicant and gives identification (e.g. driver's license, passport, military identification card). NOTE: If you have a foreign passport you may need to use a notarized letter that states your passport number and country of issuance, such as a foreign passport with an apostle that states “Original from the passport's original holder.” Do not use a passport that states, “Original or notarized.” 3. After you visit the USCIS office and fill out the application and forms, please sign them and submit the completed paper forms to the address on the Form I-864(MM 1183) or I-864a(MM 1200) form. What are the fees for a non-immigrant visa or adjustment of status? A non-immigrant visa is an authorized temporary stay in the United States. An adjustment of status application requests adjustment of status of a non-immigrant visa or alien petitioning for asylum from unlawful presence, removable inadmissibility, or deportation. In general, the USCIS charges a 300 service fee for non-immigrant visas. The fee can be paid by credit card, check, money order, or cash. What forms are accepted to apply for adjustment of status and temporary legal residence (I-485)? Adjustment of Status application (MM 130) I-485 (Application for Temporary Legal Residence) Temporary (Green Card) Permanent (I-766) U.S.
What are the different types of USCIS I-864a?
A. I-864a, as its name implies, is a form of self-employment authorizations to hire foreign nationals or provide services to foreign nationals who apply. In general, this form should only be used by employers or service providers who have business interests in the United States. In situations where the applicant is a foreign national, the I-864a will contain more specific information. B. A “Business” or “Service” Authorization, for use by someone other than the employer or service provider who filed the I-872 application, will contain a request for information on the business or service that will be provided by the foreign national (e.g., “Service provided in a foreign country in order to conduct certain activities”). C. Forms I-872c, I-864c (for temporary and limited-duration employment), and I-872d are all used for processing an employment-based green card application. D. I-864e is an I-864 “self-employment” authorization. How do I complete an I-864a form? The I-864a forms contain a section which is designed to help you fill out, complete, sign and date the forms. However, if the form contains any items that are not the part of the instructions contained in that section, you must do these tasks for yourself. This section contains an address for you to write. If a paper document is required to be sent with the form, it must be made out in the English language and mailed to USCIS, Attn: I-864a at the address provided under “What is the purpose of the paper form?” on the form. How do I apply for an I-872c? A. Apply in person using Form ITA-872 (see page 1 on page 4 of this guide for examples of how ITA-872 may be used in certain cases). How many times can one ITA-872c be used in one application? For some cases, two ITA-872c must be submitted. One can be submitted when an application is filed after the expiration of the I-872c (i.e., after March 1, 2009).
How many people fill out USCIS I-864a each year?
In 2014, about 1.1 million applications for I-983 were filed. In the same year, approximately 4.2 million requests for an I-94 or I-751 were filed. In 2014, approximately 3.6 million applications for a Social Security card were filed. What is a “green card” that I might receive? An I-94 authorizes the person receiving it to work in the U.S. for a certain period of time. An I-75 authorizes that person to temporarily work in another state. An I-485 authorizes the person to work in the U.S. for up to five years. The green card is issued by an Embassy or Consulate where you are submitting your application for admission. It is not sent out to other states. There are also two types of green cards, as follows: Employment-Based and Special Immigrant Visa Types of Green Cards Employment-Based green cards are issued to people who have demonstrated that they can perform a job or perform specified jobs in the U.S. and meet the requirements for the job they want to do. Special Immigrant Visas are issued to people who are granted temporary lawful presence by the U.S. Citizenship and Immigration Services (USCIS) under the category: 1) Adjustment of Status to Deferred Action for Childhood Arrivals (the “DACA” program) 2) Employment Authorization Document (EAD) — Deferred Action for Parents of Americans and Lawful Permanent Residents (deferred action), or 3) Deferred Action for Childhood Arrivals/Deferred Action for Parents of Americans and Lawful Permanent Residents (DATA). What is “temporary lawful presence”? “Temporary lawful presence” means that a person is allowed to remain in the U.S. temporarily under special regulations (called “deferrals”). These regulations permit a person on temporary lawful status to maintain permanent resident status, but are designed to permit the person to work, go to school, start a business, live and stay in the U.S. (but not to marry), travel and immigrate to other countries. What are some examples of jobs that some types of green card holders qualify for? Some green card holders qualify for jobs similar to those of any U.S. citizen.
Is there a due date for USCIS I-864a?
Most often, I-864 applications are processed within 6-8 weeks. It is important to note that in some cases USCIS I-864 might be approved a month earlier than required and be released immediately. Is there a due date for USCIS I-94? Many people are still waiting to see if their USCIS application was approved or rejected before applying for their I-797. In cases where an application is delayed, it is important to have a clear understanding of when USCIS has to review and submit a petition for an adjustment of status. However, the USCIS decision on an adjustment to permanent resident will likely be made on its own. The USCIS website offers tips for preparing for an important immigration event. What is a “notice to appear” (TNA)? A “TNA” is an administrative request that USCIS makes to the petitioner to request information necessary for the applicant to understand his or her rights, obtain relief from removal, or request a hearing or a final determination of the case. “Notice to appear” requests help a petitioner quickly understand the requirements of the immigration laws and also inform petitioners that a status review is scheduled. As a general rule, USCIS will not grant a status review if a request for a notice to appear is made after an applicant's status review hearing (TPS). However, if a petitioner files for a TPS within 60 days of an TNA request, USCIS will delay its review of the petition to make sure a TPS petition is filed in time. As a result, if a petitioner files an application for a TPS in the 60-day window from an TNA request, the petitioner will receive a date on which to file. However, if USCIS is unable to review the petition and an alien applies for entry before USCIS completes its response to the request, and the decision is not “affirmed” within 30 days from the date that notice to appear is issued, the alien cannot enter the country. The process of determining whether the immigration benefits conferred by the visa should be granted is the discretion of USCIS. There are very few circumstances under which USCIS will deny a “notice to appear.” Generally, when an alien has a valid, unexpired visa at the time of an TNA request, an application for admission without a hearing may not be denied because of a lack of information on the alien's ability to enter or leave the United States.
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