Everything You Need to Know About the EB-1A Extraordinary Ability Visa

By Ergul Celiksoy, Immigration Attorney at CK Law Firm

In this week’s article, I focus on the EB-1A Extraordinary Ability Visa, also known as the EB-1A Green Card. I will address the most frequently asked questions about the EB-1A visa, based on the dozens of EB-1A Green Card cases I have prepared and the hundreds of clients I have consulted. By reading this article, you will find answers to the following questions:

What is the EB-1A Extraordinary Ability Visa?
What are the advantages of applying for the EB-1A Extraordinary Ability Visa?
Who can apply for the EB-1A Extraordinary Ability Visa?
What are the requirements to apply for the EB-1A Extraordinary Ability Visa?
Where should you file your EB-1A Extraordinary Ability Visa?
How long does it take to process an EB-1A Extraordinary Ability Visa if you opt for Premium Processing?
What is the application process for the EB-1A Extraordinary Ability Visa?
What should you expect after your EB-1A Extraordinary Ability Visa is approved by USCIS?

If you have any additional questions about the EB-1A visa, please do not hesitate to reach out to me via the comments section below, by sending me a direct message on LinkedIn, or by contacting me through the contact section on the CK Law Firm Immigration Attorney Firm’s website.

What is the EB-1A Extraordinary Ability Visa?

The EB-1A visa is a U.S. immigrant visa granted to individuals with extraordinary abilities in fields such as science, arts, athletics, education, and business. This means that if you possess extraordinary abilities in any of these fields, you can obtain a U.S. residency and work permit (Green Card) and subsequently pave the way for U.S. citizenship for yourself and your immediate family members.

Many of my clients initially find the term “extraordinary ability” intimidating and attribute great significance to this term. However, during the initial evaluation meetings, we often discover that the clients meet the criteria set by USCIS for this visa type.

To clarify the term “extraordinary ability,” let’s discuss what it truly means.

Extraordinary Ability: Do You Need to be Superman?

The short answer is “no.” USCIS does not expect you to be Superman or possess supernatural powers to apply for this visa. What USCIS means by “extraordinary ability” is that you should stand out from a substantial number of your colleagues due to your achievements and successes in your field.

Meeting 3 out of 10 Criteria

Individuals in fields like science, arts, athletics, and business must either have received national/international awards (such as Nobel, Emmy, Olympic gold medal) or meet at least three of the ten criteria listed on the USCIS website. Many clients focus on the initial part of the sentence mentioning prestigious awards and think they are not eligible for this visa. However, the USCIS has clear criteria, and you are expected to meet at least three of them. Thus, when evaluating your suitability for EB1-A visa, focus on whether you meet three out of the ten criteria listed on the USCIS website.

What are the Advantages of Applying for the EB-1A Extraordinary Ability Visa?

The EB-1A Extraordinary Ability Visa grants you and your immediate family (spouse and children under 21) the right to live and work in the United States (Green Card). After obtaining your Green Card, you can apply for U.S. citizenship after five years. Additionally, the number of applications for the EB-1A visa is significantly lower than for other immigrant visas, meaning the waiting time is considerably shorter, allowing you to potentially obtain a Green Card in a considerably short period of time.

Who Can Apply for the EB-1A Extraordinary Ability Visa?

Individuals with extraordinary abilities in science, arts, athletics, education, and business who can demonstrate that they will continue their success in the U.S. with supporting documents can apply for the EB-1A visa.

In all U.S. immigration processes, including the EB-1A Extraordinary Ability Visa, the burden of proof is on the applicant. This means that the USCIS officers evaluating your case will make a decision on the documents and petitions you and your attorney file.

What are the Requirements to Apply for the EB-1A Extraordinary Ability Visa?

To qualify for the EB-1A Extraordinary Ability Visa, you must meet at least three out of the ten criteria listed on the USCIS website and provide documentation to support your claims. When preparing applications for my clients, I focus on meeting at least 4-5 criteria instead of just three, as I have found this strategy effective in successfully getting the applications approved!

CRITERION 1: Receiving awards in the field:

The applicant must have received awards in their field. These awards must be well-known and highly regarded in the field. Local school certificates or minor regional awards are not considered national or international recognition. You must have received an award with national or international recognition to meet this criterion.

CRITERION 2: Membership in associations or professional organizations due to achievements:

This means being a member of well-known organizations in your sector where membership is significant. Simply paying membership fees to join an association does not meet this criterion. It refers to memberships that are earned through achievements and contributions.

CRITERION 3: Published materials about you or your works in professional or major trade publications:

This criterion requires that your achievements have been covered in the press and media. News articles in small local newspapers or personal blogs do not meet this criterion. You must have been featured in national or international media.

CRITERION 4: Judging the work of others in your field:

This means that you have evaluated the work of others in your field. This criterion is particularly easy for academic applicants to meet. If you have been a reviewer or editor for academic journals in your field, supervised PhD or master’s students, or participated in an academic committee to evaluate others’ work, you can easily fulfil this criterion. For non-academic applicants, serving as a jury member on a review panel in their field can also be used to meet this requirement.

CRITERION 5: Evidence of your contributions to your field:

You must provide evidence proving how you made scientific, academic, artistic, athletic, or industry contributions in your field. Emphasizing all original contributions you have made will strengthen your application. If you have made new discoveries, methods, or techniques in your field, this will be particularly beneficial. To document your contributions, you can include reference letters from other experts in your field as part of your application.

CRITERION 6: Authorship of scholarly articles:

This means having written articles or papers shared in journals or publications related to your field. Articles in local magazines or small-scale internet blogs do not meet this criterion. If you have published articles in reputable journals within your area of expertise, you can use these to fulfill this criterion. Additionally, if you have written articles for leading publications in your field, even if they are not academic journals, these can also be used to meet this requirement.

CRITERION 7: Exhibitions of your work at significant exhibitions or showcases:

Your work must be exhibited at significant industry exhibitions or showcases. Work displayed in local art galleries or school exhibitions is not considered significant. It is important to note that for this criterion, your works must have been included in nationally and internationally recognized and respected exhibitions. For artists in the film industry, participating in national and international film festivals and receiving awards can also be used to fulfil this criterion.

CRITERION 8: Leading or playing a critical role in a distinguished organization:

You must have held a leadership role in a distinguished organization in your field. Leading a small local club is not considered a critical role. As emphasized with previous criteria, simply being a manager or leader in any organization is not sufficient for this criterion. The organization where you have held a leadership role must be recognized, prestigious, and respected in your field.

CRITERION 9: Earning a high salary compared to others in your field:

You must have earned a significant income compared to others in your field. Earning an average salary in a local job does not count. The criterion generally refers to earning above the U.S. average salary. To meet this criterion, you need to provide evidence of the international salary or fee standards for your profession and demonstrate that your earnings are substantially higher.

CRITERION 10: Commercial success of your artistic performances in your field:

You can also use the commercial success of your artistic performances in your EB1-A visa application. To meet this criterion, you need to be actively engaged in the arts. Additionally, you must be able to document the commercial success of your artistic works. For instance, if you are a painter who has sold your paintings for a high amount, a singer who has earned significant income from numerous concerts, or a director whose film has achieved box office success, you can use these achievements to fulfil this criterion.

Preparing these files requires substantial work from both you and your attorney. Additionally, proper guidance and support letters are crucial in preparing the documents.

You can find out if you are eligible for the EB-1A visa by contacting me through cklawfirm.org, via email at eb2@cklawfirm.org, or directly on LinkedIn. All you need to do is to send us your resume, and we will get back to you within 24 hours.

Where Should You Apply for the EB-1A Extraordinary Ability Visa?

Once you have prepared all the necessary documents, you need to submit your application to the USCIS. Once your application is approved by the USCIS, then you can proceed with the second stage to get your Green Card. For the second stage of the application process:

If you are in the United States, you can apply for Adjustment of Status by filing Form I-485 with USCIS.
If you are in your home country, you can apply at the U.S. consulate in your country.

How Long Does It Take to Process an EB-1A Extraordinary Ability Visa if You Opt for Premium Processing?

If you opt for Premium Processing, your application will be processed by USCIS within 15 business days. If you do not choose this option, it may take 6-8 months to process your application. If you file your application with Premium Processing, you should also pay $2805 for the Premium Processing fee.

What is the Application Process for the EB-1A Extraordinary Ability Visa?

Remember, each applicant is evaluated based on their file. Therefore, when applying, you must clearly demonstrate that you meet the requirements with supporting evidence. The burden of proof is on you. You must prepare a comprehensive petition and include documents (newspaper articles, published works, reference letters, interviews, etc.) showing that you meet the criteria.

You must also fill out and include the I-140 form, available on the USCIS website, with your application file. The filing fee for I-140 form is $715.

What are the filing fees for EB-1A Extraordinary Ability Visa?

You should include the visa fees with your application when submitting your EB-1A application to USCIS. The EB-1A filing fees are as follows:

Form I-140 Filing Fee: $715
Asylum Program Fee: $300
Premium Processing Fee: $2805 (optional)

What Should You Expect After Applying for the EB-1A Extraordinary Ability Visa?

Once you have prepared all the necessary documents and submitted your application, you can always check the status of your application on the USCIS Case Status website with your receipt number. It is important to closely monitor the process to avoid missing any critical actions.

After your EB-1A visa is approved by the USCIS, then the Green Card process begins. You need to apply for a Green Card based on this visa approval.

Conclusion

The EB-1A Extraordinary Ability Visa is an excellent option to achieve your American dreams, despite many details to consider throughout the process. You can find out if you are eligible for the EB-1A visa by contacting me through cklawfirm.org, via email at eb2@cklawfirm.org, or directly on LinkedIn. All you need to do is to send us your CV, and we will get back to you within 24 hours.

Who is Attorney Dr. Ergül Çeliksoy?

Attorney Dr. Ergül Çeliksoy is a co-founder of CK Law Firm. Dr. Çeliksoy has extensive experience in U.S. immigration law. He completed his master’s degree in international law and human rights at the University of Nottingham in 2017 and began his doctoral studies at the same university. Dr. Çeliksoy completed his Ph.D. in law at the University of Nottingham School of Law in 2022, crowning his academic career. Dr. Çeliksoy has published in leading academic journals and is internationally recognized for his expertise in modern slavery, criminal justice, and criminal law. A registered member of the California Bar, Dr. Çeliksoy provides superior service to his clients with his deep knowledge and experience in U.S. immigration law cases. His knowledge and experience in immigration law contribute valuable insights to CK Law Firm’s work in this area.

Dr. Çeliksoy offers comprehensive and strategic solutions to his clients in immigration law cases, helping them secure their legal status in the United States. His work in human rights and immigration processes, along with his deep knowledge of modern slavery and criminal law, allows Dr. Çeliksoy to effectively resolve the complex legal issues faced by immigrants. Dr. Çeliksoy strengthens CK Law Firm’s leadership in immigration law by providing reliable and effective legal counsel, helping his clients build their new lives in the United States.

Increasing Your Chances of Selection in the H-1B Quota: A Detailed Guide and Strategies

By Asim Kilinc, Immigration Attorney at CK Law Firm

The H-1B visa is one of the most sought-after types of visas for foreign professionals looking to work in the United States. Designed for individuals seeking employment in specialized fields, the H-1B offers temporary work and residency permits in the U.S. However, due to the annual cap on H-1B visas, not every applicant has the chance to be selected. In this article, we’ll explore effective strategies and steps to increase your chances of being selected in the H-1B quota:

Overview of the H-1B Visa
Timely and Complete Application: The First Step to Success
Increase Your Chances by Working in STEM Fields
Submit Accurate and Complete Information in Your Application
Consider Alternative Visa Options

If you have any further questions about this topic, feel free to contact me through the comments section of this blog, message me directly on LinkedIn, or reach out via the website of CK Law Firm, which I co-founded!

1. Overview of the H-1B Visa

The H-1B visa is a temporary work visa granted to qualified foreign workers seeking employment in the U.S. It is often used by U.S. employers in technology, engineering, science, finance, and other professional sectors to hire foreign talent. To apply for an H-1B visa, the applicant must be sponsored by a U.S. employer.

The H-1B visa is subject to an annual cap. The total annual cap is 85,000 visas, with 65,000 available for general applicants and 20,000 reserved for those with a U.S. master’s degree or higher. Applications open in April each year, and due to high demand, a random lottery system is used to determine who can proceed with the full application.

2. Timely and Complete Application: The First Step to Success

Timing is critical when applying for the H-1B visa. The application process opens every April, and the slots fill up quickly. As of 2023, the electronic registration process begins in March, giving employers the chance to prepare applications in advance for a competitive edge.

Steps in the Application Process:

Electronic Registration: The first step is for your employer to submit your H-1B registration electronically. This process occurs in March and lasts only a few weeks. The employer must register the prospective employee through the system and enter the lottery.
Lottery Process: In April, USCIS (U.S. Citizenship and Immigration Services) conducts a random lottery. If your registration is selected, you will move to the next stage.
Application Preparation: Once selected in the lottery, your employer must complete your H-1B application. Preparing the application thoroughly and accurately is crucial.

Tips:

Make sure your employer is ready for the electronic registration by March.
Prepare your documents in advance to expedite the process.
Ensure that your employer submits all required documentation accurately to USCIS.

3. Increase Your Chances by Working in STEM Fields

There is a high demand for talent in the U.S. in the fields of science, technology, engineering, and mathematics (STEM). As a result, STEM graduates may have a better chance of being selected for an H-1B visa. Additionally, there are extended work authorizations (OPT) and extra advantages available for STEM graduates.

Advantages for STEM Professionals:

STEM graduates often have a higher acceptance rate for H-1B applications compared to other professions.
Those with a U.S. master’s degree or higher can benefit from the additional 20,000 spots in the master’s cap, increasing their chances of selection.
Through OPT (Optional Practical Training) extensions, STEM workers can apply for the H-1B lottery multiple times.

Tips:

If you hold a STEM degree, highlight this advantage in your H-1B application.
Explain to your employer how your STEM degree can enhance your H-1B prospects.
If you are studying in a STEM field, make sure to use your OPT period wisely before applying for the H-1B visa.

4. Submit Accurate and Complete Information in Your Application

The accuracy of the documents submitted during the H-1B application process significantly affects the chances of approval. USCIS carefully examines the application package, and any missing or incorrect information can lead to rejection. It is crucial that all documents are submitted thoroughly and accurately.

Documents to Focus On:

The employer must file a Labor Condition Application (LCA) correctly and obtain approval.
The applicant must provide complete documentation of their education and professional background, including diplomas, transcripts, work experience certificates, and resumes.
The employer’s job offer letter must reflect a position that is appropriate for the applicant’s qualifications and corresponds to the U.S. labor market.

Tips:

Ensure your application package is complete and accurate. Mistakes or missing information can result in rejection.
Include all documents that support your education and work experience in your application package.
Ensure your employer completes the LCA application correctly and obtains the necessary approval.

5. Consider Alternative Visa Options

Although tens of thousands of applications are filed each year, not being selected in the H-1B lottery is a real possibility. However, other visa types can also provide opportunities to work in the U.S. Evaluating alternative visa options may open different doors for those looking to work in the U.S.

Alternative Visas:

L-1 Visa: For employees of multinational companies who hold managerial or specialized knowledge positions and are transferring to a U.S. branch.
O-1 Visa: For individuals with extraordinary ability in arts, sciences, sports, education, or business. If you have significant achievements in your field, you may be eligible for this visa.
TN Visa: Available to Canadian and Mexican nationals under NAFTA for specific professional roles.

For more information about these visas, check out our articles in the blogs section!

Tips:

If you are not selected in the H-1B lottery, explore other visa options with your employer.
Consult with an immigration attorney to see if other visa types may apply to your situation.

Conclusion

To increase your chances of being selected in the H-1B quota, it’s critical to submit a timely and accurate application, work in STEM fields, provide complete documentation, seek professional advice, and consider alternative visa options. By following these strategies, you can enhance your chances of success in your U.S. employment journey. For professional support and detailed information, feel free to contact us at cklawfirm.org, via email at info@cklawfirm.org, or through LinkedIn.

Who is Attorney Asım Kılınç?

Attorney Asım Kılınç is the co-founder of CK Law Firm and is renowned for his expertise in immigration law and U.S. asylum applications. He completed his Master of Laws at Southern Methodist University Dedman School of Law and is a member of the Missouri Bar. Attorney Kılınç has focused extensively on U.S. immigration law, contributing significantly to the firm’s success in this field.

With experience handling over 1,000 cases, Attorney Kılınç provides comprehensive legal support to help clients adapt to life in the U.S. He is also highly knowledgeable in U.S. asylum applications, guiding clients through the process and ensuring they receive the best legal advice. Attorney Kılınç offers top-notch services in citizenship, Green Card applications, work permits, and more, supporting clients through all stages of their immigration journey.

What is the EB3 Visa and How to Obtain It?

By Ergul Celiksoy, Immigration Attorney at CK Law Firm

The EB3 visa is an immigrant visa for qualified foreign workers who wish to work in the United States. This visa opens the path to obtaining a Green Card, allowing individuals to live and work permanently in the U.S. In this article, you will find answers to the most frequently asked questions about the EB3 visa, including:

What is the EB3 Visa?
What are the Advantages of the EB3 Visa?
Who Can Apply for the EB3 Visa?
How to Obtain the EB3 Visa?

If you have any other questions regarding the EB3 visa, please do not hesitate to contact me through the comment section below this article, by sending me a message directly on LinkedIn, or through the CK Law Firm Immigration Attorney Firm’s website, where I am a co-founder.

What is the EB3 Visa?

The EB3 visa is an immigrant visa offered to foreign nationals who wish to live and work permanently in the United States. The EB3 visa is obtained through employer sponsorship and is a process that results in a Green Card. The EB3 visa is known as the third preference category of Employment-Based Immigration. This category aims to employ foreign workers for positions in the U.S. labor market that are in demand but cannot be filled by U.S. citizens. The EB3 visa is divided into three main subcategories:

Skilled Workers: This category includes individuals who can work in occupations requiring at least two years of education or work experience. Examples include engineers, technicians, or those specialized in a particular trade.
Professionals: This category includes individuals who have at least a bachelor’s degree (or equivalent) and a valid job offer in the U.S. Examples include doctors, lawyers, teachers, and engineers.
Unskilled Workers: This category includes individuals who will work in jobs that are in demand in the U.S. labor market but do not require specific skills. These jobs typically include sectors like agriculture, maintenance, cleaning, manufacturing, or other low-skill sectors.

What are the Advantages of the EB3 Visa?

Permanent Residence and Work Permit: EB3 visa holders have the right to live and work permanently in the U.S., allowing them to work in any job.
Visa for Family Members: The spouse and unmarried children under 21 of EB3 visa holders can also come to the U.S. and obtain legal residence and work rights.
Path to U.S. Citizenship: EB3 visa holders have the right to apply for U.S. citizenship after residing legally in the U.S. for a certain period.

Who Can Apply for the EB3 Visa?

Skilled Workers

Skilled workers are individuals who have at least two years of education, experience, or equivalent work experience in a specific professional field. To apply under this category, the following conditions must be met:

Vocational Training or Experience: The applicant must have at least two years of work experience in a specific occupation. This experience may be supported by education or be direct work experience.
Qualified Job Offer: The applicant must have a valid job offer from an employer in the U.S. The job offer must be for a position in which the applicant is qualified as a skilled worker.
U.S. Department of Labor Approval: The employer must obtain approval from the U.S. Department of Labor to hire the applicant. This approval is obtained through the PERM (Program Electronic Review Management) process.

Professionals

The Professionals category includes individuals who have at least a bachelor’s degree (or foreign equivalent) and a valid job offer in the U.S. To apply under this category, the following conditions must be met:

Education Requirement: The applicant must have at least a bachelor’s degree in the required field for the job position.
Job Offer: The applicant must have a valid job offer from an employer in the U.S. for a professional position.
U.S. Department of Labor Approval: Similar to skilled workers, the employer must obtain approval from the U.S. Department of Labor through the PERM process.

Unskilled Workers

The Unskilled Workers category includes individuals who will work in jobs that are in demand in the U.S. labor market but do not require specific skills. To apply under this category, the following conditions must be met:

No Experience or Education Requirement: There is no specific job experience or education requirement to apply in this category.
Job Offer: The applicant must have a valid job offer from an employer in the U.S. for an unskilled labor position.
U.S. Department of Labor Approval: The employer must obtain approval from the U.S. Department of Labor through the PERM process.

How to Obtain the EB3 Visa?

Employer Sponsorship Processa.

Obtaining a Job Offer: The first and most important step for the EB3 visa is obtaining a valid job offer from an employer in the U.S. The employer must provide the applicant with an official job offer to work in the U.S.b.

Labor Certification Application (PERM): The employer must apply for a labor certification from the U.S. Department of Labor. This process is known as PERM. The PERM process is necessary to prove that the employer could not find a suitable U.S. citizen or permanent resident for the job position.

Filing Form I-140a

I-140 Immigration Petition: After successfully completing the PERM process, the employer submits Form I-140 to USCIS (United States Citizenship and Immigration Services). This form declares that the employer intends to hire the applicant and that the applicant meets the job requirements.b.

Approval of the Application: If the I-140 application is approved by USCIS, the applicant receives an approval number. However, due to a quota for EB3 visas, there is a limited number of visas issued each year.

Visa Application and Green Card Processa.

Visa Application (DS-260): If the applicant is outside the U.S., they apply for a visa using Form DS-260 through a U.S. consulate.b.

Application for Adjustment of Status (Form I-485): If the applicant is already in the U.S., they can apply for a status adjustment using Form I-485.c.

Obtaining the Immigrant Visa: After the application is approved, the applicant can enter the U.S. as an immigrant.

Obtaining the Green Card

After entering the U.S., the applicant and eligible family members receive a permanent resident card (Green Card).

Conclusion

The EB3 visa offers a significant opportunity for individuals who wish to live and work permanently in the United States. However, the process can be complex and lengthy. Therefore, it may be beneficial to seek assistance from an immigration attorney to ensure that each step is completed accurately and successfully.

You can contact me directly via LinkedIn or through the CK Law Firm Immigration Attorney Firm’s website.

Who is Attorney Ergül Çeliksoy?

Attorney Dr. Ergül Çeliksoy is the co-founder of CK Law Firm and also serves as an Assistant Professor of Law at the University of Nottingham. With extensive experience in U.S. immigration law, Dr. Çeliksoy completed his master’s degree in international law and human rights at the University of Nottingham in 2017 before beginning his Ph.D. studies at the same university. Dr. Çeliksoy earned his Ph.D. in law at the University of Nottingham School of Law in 2022, marking a significant milestone in his academic career. He is a recognized academician with expertise in modern slavery, criminal justice, and criminal law, with publications in leading academic journals.

As a member of the California Bar, Dr. Çeliksoy provides outstanding service to his clients, particularly in U.S. immigration law cases. His knowledge and experience in immigration law are valuable assets to CK Law Firm’s practice in this field. Dr. Çeliksoy offers comprehensive and strategic solutions to his clients in immigration law cases, helping them secure their legal status in the U.S. His deep understanding of human rights and immigration processes, along with his expertise in modern slavery and criminal law, enables him to effectively address the complex legal issues faced by immigrants. By offering reliable and effective legal counseling services, Dr. Çeliksoy helps his clients build new lives in the U.S.

How Long Can I Stay in the U.S. with a B1/B2 Visa? Validity and Duration of Stay for B1/B2 Visas

By Asim Kilinc, Immigration Attorney at CK Law Firm

The B1/B2 visa is a combined visitor visa granted for short-term visits to the United States. The B1 visa is issued for business purposes, while the B2 visa is for personal reasons such as tourism, medical treatment, social events, and visiting relatives. The B1/B2 visa, one of the most commonly used visa types for short-term travel to the U.S., has specific rules regarding its validity and duration of stay. By reading this article, you will find answers to the following questions:

What is a B1/B2 Visa?
B1/B2 Visa Validity Period
Duration of Stay in the U.S.
Extending the Duration of Stay
Consequences of Overstaying
Tips for Traveling to the U.S. with a B1/B2 Visa

If you have any additional questions about the B1/B2 visa type, please don’t hesitate to contact me through the comments section below this article, via LinkedIn, or through our CK Law Firm Immigration Law Firm’s website, of which I am a founding partner.

What is a B1/B2 Visa?

The B1/B2 visa is a visa granted to individuals who wish to temporarily visit the United States for tourism, business, or medical reasons. This visa type is suitable for individuals who do not intend to immigrate to the U.S. and only wish to stay for a specific period. B1/B2 visa holders typically travel to the U.S. for reasons such as attending conferences, conducting business meetings, taking vacations, or visiting family members.

B1/B2 Visa Validity Period

The validity period of a B1/B2 visa determines how long it will remain valid from the date of issuance. This period represents your right to enter the U.S., but it does not indicate how long you can stay in the country.

How is the Validity Period Determined?

The validity period of the visa is determined based on the applicant’s nationality, international agreements with the U.S., and the assessment of the U.S. Consulate. For example, in applications from Turkey, B1/B2 visas are generally granted with a validity period of up to 10 years. However, this period may be shorter in some countries.

Single Entry and Multiple Entry Visas

The B1/B2 visa is usually issued as a multiple-entry visa, allowing you to enter the U.S. multiple times within the validity period. However, you cannot enter the U.S. after the expiration date indicated on your visa. You will need to apply for a new visa before your current one expires.

Duration of Stay in the U.S.

After entering the U.S. with a B1/B2 visa, a U.S. Customs and Border Protection (CBP) officer will determine how long you can stay in the country. This period is typically up to 6 months and is documented with a form I-94.

I-94 Form and Duration of Stay:

The I-94 form is a document provided to you upon entry into the U.S. that indicates your authorized duration of stay. This document is the most important in determining how long you can legally remain in the U.S. Your duration of stay is independent of your visa’s validity period and is reassessed with each entry.

Short-Term Stays:

Sometimes, CBP officers may assign a shorter duration of stay. For example, if you are visiting the U.S. for just a week for a business meeting, your stay may be limited to 1 month. This decision depends on the officer’s assessment of the purpose and plans for your trip.

Extending the Duration of Stay

If you need to extend your stay in the U.S., you must apply to the U.S. Citizenship and Immigration Services (USCIS). This application must be made before your current stay expires. When applying for an extension, you must have valid reasons to continue staying in the U.S. and provide supporting documentation.

How to Apply for an Extension?

To apply for an extension, you must complete form I-539 and submit it to USCIS. In this form, you must explain why you wish to extend your stay and include the necessary documents. For example, if you are extending your stay for medical treatment, you must submit medical reports and a treatment plan.

If the Extension Request is Denied:

If your extension request is denied, you must leave the U.S. within the specified time frame. Otherwise, you will be staying in the country illegally, which can negatively impact your future visa applications.

Consequences of Overstaying

Overstaying your authorized duration in the U.S. can have serious consequences. These may include the denial of future visa applications, the cancellation of your current visa, and even a ban on entering the U.S.

Visa Violation:
Overstaying your authorized duration is considered a visa violation under U.S. Immigration and Nationality Law. This may lead to the loss of your right to re-enter the U.S. and the cancellation of your current visa.
3-Year and 10-Year Bans:
If you remain in the U.S. unlawfully for more than 180 days, you may be banned from entering the U.S. for 3 years after leaving the country. If the overstay exceeds 1 year, the ban increases to 10 years. These bans can make it very difficult to obtain a U.S. visa in the future.
Deportation:
If it is determined that you have overstayed, you may face deportation. Deportation is carried out by U.S. Immigration and Customs Enforcement (ICE) and can be both financially and emotionally challenging.

Tips for Traveling to the U.S. with a B1/B2 Visa

If you plan to travel to the U.S. with a B1/B2 visa, you can ensure a smooth journey by following these tips:

Prepare Your Documents at the Entry Point:
When entering the U.S., have documents ready that prove the purpose of your trip and the duration of your stay. These documents may include flight tickets, hotel reservations, business invitations, or medical reports.
Pay Attention to the Duration of Stay:
Always check the duration of stay indicated on your I-94 form and make sure not to overstay. If you need to extend your stay, make sure to submit your application to USCIS on time.
Keep Your Record Clean for Future Travel:
Be mindful of not violating your stay duration, as this can cause problems for future trips to the U.S. When you wish to re-enter the U.S., your previous travel records will be taken into consideration.

Conclusion

The B1/B2 visa is a flexible and widely used visa type for those who wish to temporarily visit the United States. However, it is crucial to be careful about how long you can stay in the U.S. with this visa and how that duration can be extended. Given the complexity of the process and the legal requirements, seeking support from an immigration attorney can be beneficial. Don’t forget that you can reach me through the CK Law Firm Immigration Law Firm’s website, via info@cklawfirm.org email address, or directly on LinkedIn!

Who is Attorney Asım Kılınç?

Attorney Asım Kılınç is the co-founder of CK Law Firm and is recognized for his expertise in immigration law and U.S. asylum applications. Kılınç completed his Master’s degree at Southern Methodist University Dedman School of Law and is a member of the Missouri Bar Association, with a focus on U.S. immigration law.

Attorney Kılınç’s extensive knowledge and experience in immigration law have significantly contributed to CK Law Firm’s success in this field. He has actively participated in the preparation of over 1,000 cases, demonstrating his expertise in this area. By providing comprehensive and professional legal support to his clients, he helps them adapt to their new lives in the U.S.

Attorney Kılınç is also well-versed in U.S. asylum applications. He meticulously guides his clients through the process and ensures they receive the best legal advice. He provides top-quality service to clients in matters of citizenship, Green Card, work permits, and other immigration processes, supporting them from start to finish on their journey to U.S. citizenship.

Attorney Asım Kılınç, who solidifies CK Law Firm’s leadership in immigration law and U.S. asylum applications, offers reliable and effective legal consultancy services to clients, assisting them in building a new life in the U.S.

Being Subject to a Security Clearance: Process, Reasons, and Key Considerations

By Ergul Celiksoy, Immigration Attorney at CK Law Firm

A security clearance is a process conducted to review the background of individuals applying for immigration or a visa to the United States. The U.S. government conducts this investigation to ensure national security and prevent the entry of individuals who may have the potential to engage in illegal activities.

What Is a U.S. Security Clearance and Why Is It Conducted?
Which Applications Are Subject to Security Clearance?
What Does It Mean to Be Subject to a Security Clearance?
Why Are Applicants Subject to a Security Clearance?
What Happens During the Security Clearance Process?
What Should You Do If You Are Subject to a Security Clearance?
How Long Does It Take for the Security Clearance to Be Concluded?
What Are the Outcomes of a Security Clearance?

If you have any further questions about this topic, don’t hesitate to leave a comment below, message me directly on LinkedIn, or reach out to me via the CK Law Firm Immigration Law Office website, where I am a co-founder!i

What Is a U.S. Security Clearance and Why Is It Conducted?

A U.S. security clearance is a process where the backgrounds of applicants are carefully scrutinized before they enter the United States. The purpose of this clearance is to protect U.S. national security and ensure that individuals entering the country do not pose a security risk. During the immigration process, the background of applicants is reviewed to assess any potential links to terrorism, criminal history, or involvement in illegal activities. This is part of the U.S. policy to safeguard both international agreements and domestic security.

Which Applications Are Subject to Security Clearance?

Security clearance may apply to those seeking to enter the U.S. on various visas or through immigration status. The main categories include:

Visa Applications: Everyone applying for non-immigrant visas (such as tourist, student, or work visas) or immigrant visas (such as Green Card applications) is subject to a security clearance.
Green Card Applications: Those applying for permanent residency (Green Card) undergo a thorough security clearance process.
Citizenship Applications: The backgrounds of those applying for U.S. citizenship are thoroughly reviewed to detect any crimes committed during their stay in the U.S. or any activities that might pose a threat to the country’s security.
Work Visas: Applicants for employer-sponsored visas such as H-1B, L-1, and O-1 are subject to security clearance. Their professional background and activities in the U.S. are also reviewed.
Refugee and Asylum Applications: Security checks are conducted meticulously for those seeking asylum or refugee status in the U.S., ensuring the accuracy of the information provided by the applicant within the framework of intergovernmental security agreements.

What Does It Mean to Be Subject to a Security Clearance?

Being subject to a security clearance means that further investigation is required regarding an individual’s background during their visa, Green Card, or citizenship application. If there are suspicious activities, criminal records, or violations of immigration rules in the applicant’s history, the approval process may be delayed. In this case, a thorough investigation will be conducted to assess whether the application poses a security risk.

Why Are Applicants Subject to a Security Clearance?

Several factors can trigger a security clearance for an applicant, including:

Criminal Records: Past crimes, especially violent offenses, fraud, or drug trafficking, can trigger a security clearance.
Terrorism Links: Any connection to terrorist organizations can raise suspicion and lead to a security clearance.
Immigration Violations: Individuals who have previously overstayed in the U.S., violated visa conditions, or used false documents in their applications may face security clearance.
Military or Security Work: Applicants who have worked in the military or security sectors in their home country may require additional investigation, as the U.S. government may want to review their ties to other governments.
Political or Religious Views: In some cases, an individual’s political or religious views may cause the government to examine the application more closely, especially if there are suspicions of involvement with radical or extremist movements.

What Happens During the Security Clearance Process?

When an application is flagged for security clearance, the processing time may be extended. Several federal agencies (such as the FBI, CIA, and DHS) conduct a comprehensive review of the applicant’s background. The process involves the following steps:

Database Checks: The U.S. government scans the applicant’s name in various national and international databases. These checks may reveal criminal records, travel history, financial transactions, and connections to terrorist organizations.
Interview and Additional Documents Request: In some cases, the applicant may be asked to provide additional documents or attend an in-person interview at the U.S. consulate. The interview is designed to clarify the applicant’s background and verify the information provided.
In-Depth Investigations: If the applicant poses a security risk, a more comprehensive investigation may be launched, potentially extending the time for the application to be processed.

What Should You Do If You Are Subject to a Security Clearance?

Being subject to a security clearance is a common situation for applicants. Here are some important steps to take:

Be Patient: The security clearance process can take time. Applicants should remain patient and regularly check the status of their applications.
Submit All Documents Accurately: Providing all documents accurately and completely at the time of application can help speed up the process. It is crucial to avoid submitting false information or documents, as this can not only delay the process but also result in the rejection of the application.
Provide Additional Information Quickly: If the U.S. government requests additional information, providing it quickly and accurately can help expedite the process. Applicants should submit the requested documents as soon as possible.

How Long Does It Take for the Security Clearance to Be Concluded?

The time it takes to conclude a security clearance varies depending on the applicant’s background, the documents submitted, and other factors. Typically, a security clearance can be completed within a few weeks to several months. However, if there are issues or suspicious circumstances in the applicant’s history, the process can be extended for months.

Common situations and average processing times include:

Routine Applications: These are generally resolved within a few weeks to 2-3 months. These applications require no additional scrutiny, and the applicant’s background is clean.
Additional Security Reviews: If the applicant has a criminal record, international travel history, or connections to U.S. security agencies, the review process can take 6 months or more. This is common for applications from countries considered high security risks.
Refugee or Asylum Applications: Security clearance for these applications can take more than six months, depending on the applicant’s country and background. A thorough international review of the individual’s history is conducted.

What Are the Outcomes of a Security Clearance?

A security clearance can result in three possible outcomes:

Approval: If the applicant is found to pose no threat, the application is approved, and a visa or Green Card is issued.
Denial: If the applicant poses a security risk or has a criminal record, the application may be denied, preventing the individual from entering the U.S.
Additional Review: In some cases, the applicant’s situation may require further investigation, which can prolong the application process.

Conclusion

Being subject to a security clearance is a common situation in U.S. immigration applications. Applicants should remain patient, provide accurate information, and seek assistance from an immigration attorney. At CK Law Firm, we provide the necessary legal support to applicants during the security clearance process. Seeking professional help is always the best approach to speeding up the process and ensuring a smooth application.

For professional support, detailed information, and consultation services, you can contact us via cklawfirm.org, info@cklawfirm.org, or connect with us on LinkedIn.

Who is Attorney Ergül Çeliksoy?

Attorney Dr. Ergül Çeliksoy is a founding partner of CK Law Firm and also serves as an Assistant Professor of Law at the University of Nottingham. With extensive experience in U.S. immigration law, Dr. Çeliksoy completed a Master’s degree in international law and human rights law at the University of Nottingham in 2017, followed by a Ph.D. at the same university. His Ph.D., completed in 2022 at the University of Nottingham School of Law, marked a significant milestone in his academic career. Dr. Çeliksoy has published extensively in leading academic journals and is internationally recognized for his expertise in modern slavery, criminal justice, and criminal law. As a member of the California Bar, Dr. Çeliksoy offers exceptional service to his clients, particularly in U.S. immigration law cases. His expertise and experience in immigration law significantly contribute to CK Law Firm’s work in this area.

Dr. Çeliksoy provides comprehensive and strategic solutions to his clients in immigration law cases, helping secure their legal status in the U.S. His work on human rights and immigration processes, particularly in modern slavery and criminal law, effectively addresses the complex legal issues immigrants face. Dr. Çeliksoy reinforces CK Law Firm’s leadership in immigration law by offering reliable and effective legal consulting services to his clients, helping them build new lives in the United States.

Can the H1B U.S. Work Visa Be Converted to a Green Card?

Asım Kılınç, Immigration Attorney, CK Law Firm

For individuals aiming to work and establish a long-term life in the United States, the H1B U.S. work visa is a critical step. However, many wonder if the H1B visa can eventually transition into a Green Card after securing a work opportunity. In this article, I will explore the process of converting an H1B visa into a Green Card, along with the following topics:

Building a Career in the U.S. with an H1B Visa
What is a Green Card?
The Green Card Process
Is it Possible to Obtain a Green Card with an H1B Visa?
Tips for Transitioning from H1B Visa to Green Card

If you have questions beyond these topics, feel free to reach out through the comments section of this blog or via the CK Law Firm official website. For personalized inquiries or consultancy services, you can also connect with me directly on LinkedIn.

Building a Career in the U.S. with an H-1B Visa

The H-1B visa is a work visa designed for individuals seeking to work in specialized professions in the United States. It is commonly granted to professionals with expertise in fields such as technology, engineering, healthcare, and academia. Notable H-1B visa professions include software engineers, doctors, and university faculty members.

The H-1B visa process begins with sponsorship from a U.S. employer, granting professionals the right to work in the United States. However, it’s important to note that this visa is temporary. The answer to the question, “How long is an H1B visa valid?” is initially 3 years, with the option to extend it up to a total of 6 years. Furthermore, H1B visa holders have the opportunity to transition to a Green Card, securing permanent residency in the U.S.

What is a Green Card?

A Green Card is a document that grants individuals the right to live and work permanently in the United States. Officially known as “Permanent Resident Status”, it allows holders to reside and work in the U.S. without being tied to a temporary visa. Additionally, individuals with a Green Card can apply for U.S. citizenship after meeting certain requirements.

So, how can a Green Card be obtained? Here are the main pathways:

Family-Based Green Card: A program designed for close family members of U.S. citizens.
Employment-Based Green Card: The most common route for individuals with an H-1B visa.
Green Card Lottery (Diversity Visa): An annual program offering random selection opportunities for individuals from eligible countries.

The Green Card Process

The Green Card process involves several stages and often includes a lengthy waiting period. For those transitioning from an H1B U.S. work visa to a Green Card, the journey typically begins with employer sponsorship. The employer must complete critical steps, such as obtaining PERM certification and filing Form I-140.

What is PERM Certification?

PERM Certification is a process where the employer demonstrates that there are no qualified U.S. citizens or permanent residents available to fill the position for which you are applying. It certifies that the employer has completed fair recruitment processes and shows the necessity of hiring you for the role.

What is Form I-140?

Form I-140 is a petition submitted to USCIS (U.S. Citizenship and Immigration Services) by the employer, affirming their support for your Green Card application and their intention to employ you. This form also verifies the employer’s financial capability and that the job requirements align with the position being offered.

These two steps are fundamental in the Green Card process and must be completed thoroughly. Providing accurate information and documentation at each stage is crucial to increasing the likelihood of approval for your application.

Green Card Fees

The costs associated with a Green Card application are a significant part of the process. Here are the main expenses that applicants may encounter:

Filing Fees: These are fees required by USCIS to process the Green Card application and typically range between $1,200 and $1,500.
Biometric Processing Fee: An additional fee of approximately $85 is required for collecting biometric information, such as fingerprints and photographs.
Form I-485 Fee: Used for Adjustment of Status, this form is necessary for transitioning from a temporary status in the U.S. to permanent residency. The fee for this form is about $1,140 and must be paid for the application to be officially processed.

In employer-sponsored Green Card applications, some costs may be covered by the employer. However, the fees listed above are typically the applicant’s responsibility and are critical to the process. Paying these fees on time and in full ensures that the application proceeds without complications.

Green Card Application Dates

Green Card application dates are determined through the monthly Visa Bulletin published by the U.S. Citizenship and Immigration Services (USCIS). This bulletin provides detailed information on priority dates based on the applicant’s category and country of origin.

Applicants must carefully monitor the cut-off dates to ensure their applications can be processed. The Visa Bulletin helps you understand the current status of your application and allows you to regularly track your progress in the process.

While H1B visa applications typically begin in April each year, there is no fixed date for Green Card applications. Therefore, it is essential to regularly check for updates and announcements from USCIS.

Is it Possible to Obtain a Green Card with an H1B Visa?

H1B U.S. work visa holders can apply for a Green Card after working in the United States for a certain period. This process is typically initiated by the employer and is known as the Employment-Based Green Card (EB Green Card). The key stages of this process are as follows:

PERM Certification: In this step, the employer must demonstrate that the position was first offered to U.S. citizens or lawful permanent residents but no suitable candidates were found.
Form I-140: This form is submitted to USCIS (U.S. Citizenship and Immigration Services) by the employer to confirm the employee’s eligibility for a Green Card.
Waiting Periods: Processing times may vary depending on the applicant’s occupation or quotas based on their country of origin.

H1B U.S. work visa holders can initiate the Green Card process by following these steps. Proper planning and seeking professional guidance are critical to ensuring the successful completion of this transition.

Tips for Transitioning from H-1B Visa to Green Card

After securing an H1B U.S. Work Visa and paying the necessary H1B visa fees, professionals working in the United States can transition to a Green Card to establish permanent residency. Here are some key tips for a successful transition:

Plan Ahead: Start planning your Green Card journey early, ideally during the first few years of your H-1B visa. Early preparation can streamline the process.
Seek Expert Assistance: The Green Card process can be complex. Don’t hesitate to seek professional legal guidance to navigate the steps effectively.
Keep Your Documents Ready: Ensuring all required documents are prepared and submitted on time can help expedite the process.
Understand Quotas and Wait Times: Certain professions or nationalities may face longer wait times due to quotas. Being aware of these factors can influence your application strategy.

If you have any questions, feel free to leave a comment below this blog or contact us through our website. For personalized inquiries or to benefit from my consultancy services, you can also connect with me on LinkedIn.

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