{ "name": "Immigration — verified Q&A dataset", "mind_slug": "immigration", "url": "https://www.m-i-n-d.ai/minds/immigration/dataset.json", "hub_url": "https://www.m-i-n-d.ai/minds/immigration", "license": "https://creativecommons.org/licenses/by/4.0/", "attribution": "Source: MIND (m-i-n-d.ai)", "jurisdiction": "US Federal · USCIS/DOS", "generated_at": "2026-08-21T00:40:51.885199+00:00", "answer_count": 8, "answers": [ { "question": "Adjustment of status vs consular processing: what are the differences and who is eligible for each?", "question_slug": "adjustment-of-status-vs-consular-processing", "url": "https://www.m-i-n-d.ai/minds/immigration/adjustment-of-status-vs-consular-processing", "jurisdiction": "US Federal", "direct_answer": "Adjustment of status is the process for eligible individuals physically present in the United States to apply for lawful permanent residence without leaving the country, while consular processing is the alternative pathway for those outside the United States to obtain an immigrant visa through a U.S. consulate. Eligibility for adjustment of status requires the applicant to be inspected and admitted or paroled, physically present, and have an immediately available immigrant visa; immediate relatives of U.S. citizens always have a visa available, while family preference immigrants must wait for a priority date. Consular processing is available to beneficiaries of approved immigrant petitions who are outside the U.S. or who choose to process abroad.", "sections": [ { "heading": "Details / How it works", "markdown": "**Adjustment of Status** is the process by which an eligible individual already in the United States applies for lawful permanent resident (LPR) status without leaving the country. The steps include: determining eligibility under an immigrant category, filing an immigrant petition (if required), checking visa availability, filing Form I-485, attending biometrics and possibly an interview, and receiving a decision. \n\n**Consular Processing** is the pathway for individuals outside the United States (or those who choose to process abroad) to obtain an immigrant visa through a U.S. Department of State consulate. The steps include: determining eligibility, filing an immigrant petition, waiting for petition approval and visa number availability, paying fees to the National Visa Center (NVC), attending an interview at a U.S. consulate, and upon visa issuance, traveling to the U.S. to be admitted as a lawful permanent resident." }, { "heading": "Numbers & thresholds", "markdown": "| Characteristic | Adjustment of Status | Consular Processing |\n|----------------|----------------------|---------------------|\n| **Location requirement** | Must be physically present in the U.S. at time of filing | Applicant is outside the U.S. (or chooses to process abroad) |\n| **Visa availability for immediate relatives** | Always available (unlimited) | Always available (unlimited) |\n| **Visa availability for family preference** | Subject to priority date and annual caps; must be current at filing and decision | Subject to priority date and annual caps |\n| **Key form** | Form I-485 (filed with USCIS) | Immigrant visa application (processed by DOS through NVC and consulate) |\n| **Interview** | May be required at a USCIS office | Required at a U.S. consulate abroad |" }, { "heading": "Exceptions & edge cases", "markdown": "**Bars to adjustment:** Certain individuals may be ineligible for adjustment of status under INA §245(c) due to entry violations or immigration law violations. However, some may qualify under INA §245(i) by filing Supplement A to Form I-485, even if subject to bars. \n\n**Grounds of inadmissibility:** Both processes require the applicant to be admissible or eligible for a waiver. Immediate relatives of U.S. citizens are exempt from the labor certification ground (INA §212(a)(5)). \n\n**Concurrent filing:** For adjustment of status, if a visa is immediately available, Form I-485 can be filed concurrently with the underlying immigrant petition (e.g., Form I-130) or while the petition is pending. \n\n**Change of selection:** If a beneficiary initially chooses consular processing but later enters the U.S., they may request to switch to adjustment of status by contacting USCIS or the appropriate agency, depending on the stage of the case." } ], "claims": [ { "claim_id": "c1", "text": "Adjustment of status is the process that you can use to apply for lawful permanent resident (LPR) status when you are present in the United States, allowing you to obtain LPR status without having to return to your home country to complete consular processing.", "source_urls": [ "https://www.uscis.gov/green-card/green-card-processes-and-procedures/adjustment-of-status" ] }, { "claim_id": "c2", "text": "Consular processing is the pathway for individuals outside the United States to apply at a U.S. Department of State consulate abroad for an immigrant visa in order to come to the United States and be admitted as a permanent resident.", "source_urls": [ "https://www.uscis.gov/green-card/green-card-processes-and-procedures/consular-processing" ] }, { "claim_id": "c3", "text": "To be eligible for adjustment of status as an immediate relative of a U.S. citizen, you must be inspected and admitted or inspected and paroled, physically present in the U.S., and have an immigrant visa that is immediately available (for immediate relatives, a visa is always available).", "source_urls": [ "https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-immediate-relatives-of-us-citizen" ] }, { "claim_id": "c4", "text": "For family preference immigrants, eligibility for adjustment of status requires that an immigrant visa is immediately available at the time of filing and at final decision, which depends on the priority date and the Visa Bulletin.", "source_urls": [ "https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-family-preference-immigrants" ] }, { "claim_id": "c5", "text": "You may be able to adjust status under INA 245(i) even if you are subject to one or more adjustment bars and are therefore ineligible for adjustment of status under INA 245(a).", "source_urls": [ "https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-immediate-relatives-of-us-citizen", "https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-family-preference-immigrants" ] } ], "citations": [ { "claim_id": "c1", "source_name": "Adjustment of Status — Steps to Apply for a Green Card from Inside the U.S. (USCIS)", "source_org": "U.S. Citizenship and Immigration Services", "url": "https://www.uscis.gov/green-card/green-card-processes-and-procedures/adjustment-of-status", "doc_id": "a6cb120d-bd16-4ae3-b3da-8c94b32cc1c2", "as_of": "2026-08-20", "checked_at": "2026-08-20", "http_status": 200, "content_hash": "28c73d8f641ad0ef" }, { "claim_id": "c2", "source_name": "Consular Processing — Immigrant Visa Path from Outside the U.S. (USCIS)", "source_org": "U.S. Citizenship and Immigration Services", "url": "https://www.uscis.gov/green-card/green-card-processes-and-procedures/consular-processing", "doc_id": "e97a6194-32aa-41c7-b9fb-1117cfcdd4b0", "as_of": "2026-08-20", "checked_at": "2026-08-20", "http_status": 200, "content_hash": "afbd1554dbe105a4" }, { "claim_id": "c3", "source_name": "Green Card for Immediate Relatives of U.S. Citizen (USCIS)", "source_org": "U.S. Citizenship and Immigration Services", "url": "https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-immediate-relatives-of-us-citizen", "doc_id": "44930e1a-ce4c-4f60-9e43-fff0f8c9c397", "as_of": "2026-08-20", "checked_at": "2026-08-20", "http_status": 200, "content_hash": "d0d6401f099ec4d7" }, { "claim_id": "c4", "source_name": "Green Card for Family Preference Immigrants (USCIS)", "source_org": "U.S. Citizenship and Immigration Services", "url": "https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-family-preference-immigrants", "doc_id": "815c8a8a-c56b-4b1f-b2dd-5bdd19f04696", "as_of": "2026-08-20", "checked_at": "2026-08-20", "http_status": 200, "content_hash": "fb02b5ef0864c909" } ], "status": "published", "last_verified": "2026-08-20" }, { "question": "Can you travel while your green card application is pending? Advance parole rules", "question_slug": "advance-parole-travel-pending-green-card", "url": "https://www.m-i-n-d.ai/minds/immigration/advance-parole-travel-pending-green-card", "jurisdiction": "US Federal", "direct_answer": "For applications pending on or after August 13, 2026, traveling on an Advance Parole Document (Form I-512L) after accruing more than 180 days of unlawful presence triggers the 3- or 10-year inadmissibility bar under INA § 212(a)(9)(B)(i). If you depart the United States without first obtaining an advance parole document while Form I-485 is pending, USCIS generally considers your adjustment application abandoned.", "sections": [ { "heading": "Details / How it works", "markdown": "You generally need a valid travel document before leaving the United States while a Green Card application (Form I-485) is pending. The appropriate document is an **Advance Parole Document**, obtained by filing **Form I-131, Application for Travel Documents, Parole Documents, and Arrival/Departure Records**. You may file Form I-131 concurrently with Form I-485 or while the adjustment application is pending. If you depart the U.S. without an advance parole document, USCIS will generally consider your Form I-485 abandoned.\n\nEven with a valid advance parole document, **admission or parole is not guaranteed**; a U.S. Customs and Border Protection (CBP) officer makes the final reentry decision at the port of entry." }, { "heading": "Numbers & thresholds", "markdown": "| Threshold | Consequence |\n|-----------|-------------|\n| Departure without advance parole while I-485 pending | Form I-485 considered abandoned |\n| More than 180 days of unlawful presence + departure with Advance Parole (on or after Aug. 13, 2026) | Inadmissible for 3 years under INA 212(a)(9)(B)(i)(I) |\n| 1 year or more of unlawful presence + departure with Advance Parole (on or after Aug. 13, 2026) | Inadmissible for 10 years under INA 212(a)(9)(B)(i)(II) |" }, { "heading": "Exceptions & edge cases", "markdown": "The **Matter of Delcarmen-Lara** (BIA, Aug. 13, 2026) overruled the prior precedent in *Matter of Arrabally and Yerrabelly*, so travel on advance parole **now counts as a departure** for purposes of triggering unlawful presence inadmissibility bars. Certain individuals may still be protected from accruing unlawful presence in the first place, including:\n\n- **Asylees and asylum applicants** while a bona fide asylum application is pending.\n- **Minors under age 18**.\n- **Family Unity beneficiaries**.\n- **Battered spouses and children** under VAWA who can show a substantial connection.\n- **Victims of severe trafficking** who demonstrate trafficking was at least one central reason for their unlawful presence.\n\nThese exceptions apply only to the 3- and 10-year bars under INA 212(a)(9)(B)(i), not to the permanent bar under INA 212(a)(9)(C)(i)(I).\n\nAdditionally, if you have a pending **Form I-589 (asylum application)**, leaving without advance parole results in presumed abandonment of the asylum application. For **TPS applicants** whose applications are still pending, you may also request advance parole." } ], "claims": [ { "claim_id": "c1", "text": "If you depart the United States without an advance parole document while Form I-485 is pending, USCIS generally considers your Form I-485 application abandoned.", "source_urls": [ "https://www.uscis.gov/green-card/green-card-processes-and-procedures/travel-documents" ] }, { "claim_id": "c2", "text": "Advance parole is most commonly used when someone has a pending Form I-485, and if you depart without first obtaining advance parole, USCIS will deny your case unless you fit into a narrow exception.", "source_urls": [ "https://www.uscis.gov/green-card/green-card-processes-and-procedures/travel-documents" ] }, { "claim_id": "c3", "text": "As of August 13, 2026, departing the United States after obtaining an Advance Parole Document is a departure for purposes of inadmissibility under INA 212(a)(9)(B)(i).", "source_urls": [ "https://www.uscis.gov/laws-and-policy/other-resources/unlawful-presence-and-inadmissibility", "https://www.uscis.gov/i-131" ] }, { "claim_id": "c4", "text": "Aliens who accrue more than 180 days of unlawful presence, depart the United States, and then seek admission within the relevant 3- or 10-year statutory period are inadmissible.", "source_urls": [ "https://www.uscis.gov/laws-and-policy/other-resources/unlawful-presence-and-inadmissibility" ] }, { "claim_id": "c5", "text": "You may file Form I-131 concurrently with Form I-485 or while Form I-485 is pending if you are requesting an advance parole document.", "source_urls": [ "https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-family-preference-immigrants", "https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-immediate-relatives-of-us-citizen", "https://www.uscis.gov/i-485" ] }, { "claim_id": "c6", "text": "Having an advance parole document does not guarantee reentry; a CBP officer makes the final decision.", "source_urls": [ "https://www.uscis.gov/green-card/green-card-processes-and-procedures/travel-documents" ] } ], "citations": [ { "claim_id": "c1", "source_name": "Travel Documents — Advance Parole, Refugee Travel Documents, Reentry Permits (USCIS)", "source_org": "U.S. Citizenship and Immigration Services", "url": "https://www.uscis.gov/green-card/green-card-processes-and-procedures/travel-documents", "doc_id": "9af177e6-f595-4918-a1b5-52b16ea84743", "as_of": "2026-08-20", "checked_at": "2026-08-20", "http_status": 200, "content_hash": "39eab6d2ffce6266" }, { "claim_id": "c3", "source_name": "Unlawful Presence and Inadmissibility — 3-Year, 10-Year, and Permanent Bars (USCIS)", "source_org": "U.S. Citizenship and Immigration Services", "url": "https://www.uscis.gov/laws-and-policy/other-resources/unlawful-presence-and-inadmissibility", "doc_id": "91d0998e-d8aa-48d9-baba-68ef5ab4f85c", "as_of": "2026-08-20", "checked_at": "2026-08-20", "http_status": 200, "content_hash": "095ab66e538ac219" }, { "claim_id": "c3", "source_name": "Form I-131, Application for Travel Documents, Parole Documents, and Arrival/Departure Records (USCIS form page)", "source_org": "U.S. Citizenship and Immigration Services", "url": "https://www.uscis.gov/i-131", "doc_id": "ebd370cd-1336-4dd9-9cb7-8acb5e28c451", "as_of": "2026-08-20", "checked_at": "2026-08-20", "http_status": 200, "content_hash": "a274b2829b6c72bd" }, { "claim_id": "c5", "source_name": "Green Card for Family Preference Immigrants (USCIS)", "source_org": "U.S. Citizenship and Immigration Services", "url": "https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-family-preference-immigrants", "doc_id": "815c8a8a-c56b-4b1f-b2dd-5bdd19f04696", "as_of": "2026-08-20", "checked_at": "2026-08-20", "http_status": 200, "content_hash": "fb02b5ef0864c909" }, { "claim_id": "c5", "source_name": "Green Card for Immediate Relatives of U.S. Citizen (USCIS)", "source_org": "U.S. Citizenship and Immigration Services", "url": "https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-immediate-relatives-of-us-citizen", "doc_id": "44930e1a-ce4c-4f60-9e43-fff0f8c9c397", "as_of": "2026-08-20", "checked_at": "2026-08-20", "http_status": 200, "content_hash": "d0d6401f099ec4d7" }, { "claim_id": "c5", "source_name": "Form I-485, Application to Register Permanent Residence or Adjust Status (USCIS form page)", "source_org": "U.S. Citizenship and Immigration Services", "url": "https://www.uscis.gov/i-485", "doc_id": "74d397f1-a48a-4adf-be05-b7cae494ba20", "as_of": "2026-08-20", "checked_at": "2026-08-20", "http_status": 200, "content_hash": "04144ca51d51299d" } ], "status": "published", "last_verified": "2026-08-20" }, { "question": "Work authorization (EAD): who qualifies, what are the categories, and when should you renew?", "question_slug": "employment-authorization-document-ead", "url": "https://www.m-i-n-d.ai/minds/immigration/employment-authorization-document-ead", "jurisdiction": "US Federal", "direct_answer": "As of USCIS policy (August 2026), an Employment Authorization Document (EAD) is available to noncitizens who file Form I-765 under a qualifying eligibility category. Common categories include (c)(8) for asylum applicants, (c)(9) for adjustment of status, (c)(3)(A)/(C) for Optional Practical Training, and (c)(37) for CNMI long‑term residents. USCIS generally recommends filing a renewal application up to 180 days before your current EAD expires.", "sections": [ { "heading": "Details / How it works", "markdown": "To obtain an EAD, you must file **Form I-765, Application for Employment Authorization** with USCIS. The form asks you to enter your eligibility category in Part 2, Item 27. USCIS will issue the EAD (Form I-766) within about two weeks after approval. Most applicants can file online or by mail; the filing address depends on the category chosen. For renewal, USCIS recommends filing **up to 180 days before** your current EAD expires, but some categories have special timing rules (e.g., (c)(8) requires a 150‑day waiting period after filing the asylum application unless you have a Recommended Approval notice)." }, { "heading": "Numbers & thresholds", "markdown": "| Topic | Threshold / Timing |\n|-------|------------------|\n| Renewal recommendation | File up to **180 days** before expiration |\n| Asylum‑based (c)(8) initial EAD | Wait **150 days** after filing Form I‑589; total **180‑day Asylum EAD Clock** |\n| (c)(3)(A) OPT initial | File up to **90 days** before completing one academic year |\n| (c)(3)(C) STEM OPT renewal | File up to **90 days** before current OPT expires |\n| (c)(37) CNMI long‑term resident renewal | File up to **180 days** before expiration; no additional Form I‑955 needed |\n| EAD production after approval | Card produced within **2 weeks**; allow **30 days** before inquiring |" }, { "heading": "Exceptions & edge cases", "markdown": "* **Asylum applicants with a Recommended Approval notice** can file Form I‑765 immediately without waiting 150 days (category (c)(8)).\n* **Ms. L. Settlement Class members** are not required to pay certain HR‑1 fees for parolee initial/renewal EADs (categories (c)(11) and related forms).\n* **Derivative T and U nonimmigrants** must file Form I‑765 themselves to get an EAD even after approval of the principal’s status.\n* **Principal T/U applicants** automatically receive an EAD upon approval of their underlying application and do not need to file I‑765.\n* **DACA requestors** must submit Form I‑765 together with Form I‑821D and I‑765WS; those only replacing a lost/stolen/damaged EAD use box 1.b.\n* **CNMI long‑term residents** renewing under (c)(37) do not need to file Form I‑955." } ], "claims": [ { "claim_id": "c1", "text": "USCIS issues Employment Authorization Documents (EADs) after approving Form I‑765, with production within about two weeks.", "source_urls": [ "https://www.uscis.gov/i-765" ] }, { "claim_id": "c2", "text": "Common EAD eligibility categories include (c)(8) for asylum, (c)(9) for adjustment of status, (c)(3)(A)/(B)/(C) for OPT, and (c)(37) for CNMI long‑term residents.", "source_urls": [ "https://www.uscis.gov/i-765" ] }, { "claim_id": "c3", "text": "USCIS generally recommends filing a renewal EAD up to 180 days before the current EAD expires.", "source_urls": [ "https://www.uscis.gov/i-765" ] }, { "claim_id": "c4", "text": "For (c)(8) asylum applicants, Form I‑765 must be filed after a 150‑day waiting period from the asylum application unless the applicant has a Recommended Approval notice.", "source_urls": [ "https://www.uscis.gov/i-765" ] }, { "claim_id": "c5", "text": "Ms. L. Settlement Class members are exempt from certain HR‑1 fees for parolee initial/renewal EADs under categories (c)(11).", "source_urls": [ "https://www.uscis.gov/i-765" ] } ], "citations": [ { "claim_id": "c1", "source_name": "Form I-765, Application for Employment Authorization (USCIS form page)", "source_org": "U.S. Citizenship and Immigration Services", "url": "https://www.uscis.gov/i-765", "doc_id": "3ef83c34-5f8c-40f2-9077-69d04c61fbb9", "as_of": "2026-08-20", "checked_at": "2026-08-20", "http_status": 200, "content_hash": "f9fc89855da06f71" } ], "status": "published", "last_verified": "2026-08-20" }, { "question": "Family-based green cards: what are the categories, and who can petition for whom?", "question_slug": "family-based-green-card-categories", "url": "https://www.m-i-n-d.ai/minds/immigration/family-based-green-card-categories", "jurisdiction": "US Federal", "direct_answer": "As of July 2025, family-based green cards fall into two main groups: immediate relatives of U.S. citizens (spouse, unmarried child under 21, and parent) and five family preference categories (F1–F4 and F2A/F2B). Immediate relative visas have no numerical limit, while preference visas are capped annually. A U.S. citizen can petition for a spouse, child, parent, sibling, or married son/daughter; a lawful permanent resident can petition for a spouse and unmarried child (F2A) or unmarried son/daughter age 21+ (F2B).", "sections": [ { "heading": "Details / How it works", "markdown": "Family-based immigrant visas allow certain relatives of U.S. citizens and lawful permanent residents (LPRs) to obtain a Green Card. The process begins when a U.S. citizen or LPR files Form I-130, Petition for Alien Relative, on behalf of the beneficiary. If the petitioner naturalizes before a decision is made, the visa classification can be updated to an immediate relative category.\n\n**Immediate relatives** (spouse, unmarried child under 21, and parent of a U.S. citizen) have no annual visa cap and can often file Form I-485 concurrently with the I-130. Other family members fall under numerically limited family preference categories." }, { "heading": "Numbers & thresholds", "markdown": "The following table summarizes the family preference categories as defined in USCIS guidance (as of July 2025):\n\n| Category | Description | Petitioner | Beneficiary | Numerical Limit |\n|----------|-------------|------------|-------------|-----------------|\n| F1 | Unmarried sons/daughters (21+) of U.S. citizens | U.S. citizen | Unmarried adult child | Yes |\n| F2A | Spouses and children (under 21) of LPRs | LPR | Spouse or minor child | Yes |\n| F2B | Unmarried sons/daughters (21+) of LPRs | LPR | Unmarried adult child | Yes |\n| F3 | Married sons/daughters of U.S. citizens | U.S. citizen | Married child | Yes |\n| F4 | Brothers/sisters of U.S. citizens (petitioner must be 21+) | U.S. citizen | Sibling | Yes |\n\nFamily‑sponsored preference immigrants are allocated visas under INA 203(a) with an annual cap of 226,000 visas." }, { "heading": "Exceptions & edge cases", "markdown": "**Immediate relatives** are exempt from numerical limits and the labor certification ground of inadmissibility (INA 212(a)(5)). The labor certification requirement does not apply to family preference immigrants either.\n\n**Automatic conversion**: If a petitioner naturalizes while the I‑130 is pending, the beneficiary’s classification may be converted to an immediate relative category, making a visa immediately available. The petitioner must notify USCIS or the NVC of the naturalization.\n\n**Derivative beneficiaries**: Spouses and unmarried children under 21 of a principal preference applicant may apply for a Green Card as derivative applicants, provided the relationship existed before the principal’s admission or adjustment of status, and the principal’s petition is ultimately approved.\n\n**Family and medical leave**: Nothing in the provided context addresses FMLA or H‑1B family-based leave; the context is limited to family-based immigrant visa categories." } ], "claims": [ { "claim_id": "c1", "text": "Family-based green card categories include immediate relatives (spouse, unmarried child under 21, and parent of a U.S. citizen) and four family preference categories: F1, F2A, F2B, F3, and F4.", "source_urls": [ "https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-family-preference-immigrants" ] }, { "claim_id": "c2", "text": "Immediate relatives have no numerical limit on immigrant visas, while family preference categories are subject to annual caps under INA 203(a).", "source_urls": [ "https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-family-preference-immigrants" ] }, { "claim_id": "c3", "text": "A U.S. citizen can petition for a spouse, unmarried child under 21, parent, unmarried son/daughter age 21 or older (F1), married son/daughter (F3), and sibling (F4) if the citizen is 21 or older.", "source_urls": [ "https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-family-preference-immigrants" ] }, { "claim_id": "c4", "text": "A lawful permanent resident can petition for a spouse and unmarried child under 21 (F2A) or an unmarried son/daughter age 21 or older (F2B).", "source_urls": [ "https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-family-preference-immigrants" ] }, { "claim_id": "c5", "text": "If a petitioner naturalizes while the I‑130 is pending, the beneficiary’s classification may be converted to immediate relative, making a visa immediately available; the petitioner must notify USCIS or the NVC.", "source_urls": [ "https://www.uscis.gov/i-130" ] } ], "citations": [ { "claim_id": "c1", "source_name": "Green Card for Family Preference Immigrants (USCIS)", "source_org": "U.S. Citizenship and Immigration Services", "url": "https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-family-preference-immigrants", "doc_id": "815c8a8a-c56b-4b1f-b2dd-5bdd19f04696", "as_of": "2026-08-20", "checked_at": "2026-08-20", "http_status": 200, "content_hash": "fb02b5ef0864c909" }, { "claim_id": "c5", "source_name": "Form I-130, Petition for Alien Relative (USCIS form page)", "source_org": "U.S. Citizenship and Immigration Services", "url": "https://www.uscis.gov/i-130", "doc_id": "3c92cd25-ec38-4021-82c9-5254b8baf230", "as_of": "2026-08-20", "checked_at": "2026-08-20", "http_status": 200, "content_hash": "50f444baff62a581" } ], "status": "published", "last_verified": "2026-08-20" }, { "question": "H-1B visa: who is eligible, and how do the registration and lottery process work?", "question_slug": "h1b-eligibility-registration-lottery", "url": "https://www.m-i-n-d.ai/minds/immigration/h1b-eligibility-registration-lottery", "jurisdiction": "US Federal", "direct_answer": "H-1B visa eligibility requires a job that qualifies as a specialty occupation—generally needing a U.S. bachelor’s or higher degree in a directly related field—and a beneficiary who meets that degree requirement or its equivalent. For fiscal year 2027, the process works by first submitting an electronic registration (March 4–19, 2026, with a $215 non-refundable fee per beneficiary) via a USCIS organizational account; USCIS then conducts a weighted random selection among unique beneficiaries, and only selected registrants may file cap-subject H-1B petitions starting April 1, 2026. As of July 2026, USCIS has received enough petitions to reach the regular cap of 65,000 and the master’s cap of 20,000 for FY 2027.", "sections": [ { "heading": "Details / How it works", "markdown": "The H-1B classification applies to persons who will perform services in a **specialty occupation**, services of exceptional merit relating to a **Department of Defense (DOD) cooperative research and development project**, or services as a **fashion model of distinguished merit or ability**. A specialty occupation requires theoretical and practical application of a body of highly specialized knowledge and the attainment of a bachelor’s or higher degree in a directly related specific specialty (or its equivalent) as a minimum for entry. The beneficiary must satisfy at least one of: a U.S. bachelor’s or higher degree from an accredited institution; a foreign equivalent degree; an unrestricted state license to fully practice the occupation; or education, training, and experience equivalent to a U.S. bachelor’s or higher degree.\n\nFor **cap-subject** H-1B petitions, the employer or agent (prospective petitioner) must first create a **USCIS organizational account** (not a personal applicant/petitioner/requestor account) and submit an electronic registration during the initial registration period—for FY 2027, that period opened at noon Eastern on March 4 and closed at 5 p.m. Eastern on March 19, 2026. Each registration is for a single beneficiary and requires a non-refundable $215 fee. Registrants must attest under penalty of perjury that the registration reflects a **bona fide job offer** and that they have not colluded with others to unfairly increase selection chances.\n\nAfter the registration period closes, USCIS runs a **weighted random selection process** based on the highest Occupational Employment and Wage Statistics (OEWS) wage level that the beneficiary’s proffered wage equals or exceeds. If a beneficiary is selected, each registrant that registered that beneficiary receives a **Registration Selection Notice** and may file an H-1B cap-subject petition (using Form I-129 with a certified Labor Condition Application from the Department of Labor). The earliest filing date for FY 2027 cap-subject petitions is April 1, 2026.\n\nThe H-1B program remains subject to the annual numerical cap of 65,000 (regular cap) plus an additional 20,000 for beneficiaries with a U.S. master’s degree or higher (master’s cap). Certain employers (institutions of higher education, nonprofit research organizations, government research organizations, and their affiliated nonprofits) are **cap-exempt** and do not need to go through the lottery." }, { "heading": "Numbers & thresholds", "markdown": "| Item | Value / Threshold | Effective Period / Source |\n|------|-------------------|---------------------------|\n| Regular cap | 65,000 new H-1B visas per fiscal year | FY 2027 (Congressional mandate) |\n| Master’s cap exemption | Additional 20,000 petitions for U.S. advanced-degree holders | FY 2027 |\n| Registration fee per beneficiary | $215 (non-refundable) | FY 2027 · Form G-1055 |\n| Initial registration window (FY 2027) | Noon Eastern March 4 – 5 p.m. Eastern March 19, 2026 | FY 2027 |\n| Earliest petition filing date (FY 2027) | April 1, 2026 | FY 2027 |\n| H-1B period of stay | Initial up to 3 years; total up to 6 years (18-month increments if beneficiary owns >50% of petitioner) | General rule |\n| Beneficiary selection method | Weighted random selection based on highest OEWS wage level | FY 2026 onward per Weighted Selection Process Final Rule (2026) |\n| Statuses after registration | Submitted, Selected, Not Selected, Denied, Invalidated–failed payment, Deleted, Processing submission | Ongoing |\n| FY 2026 eligible registrations | 343,981 (down 26.9% from FY 2025’s 470,342) | FY 2026 |\n| FY 2026 eligible unique beneficiaries | ~339,000 | FY 2026 |\n| FY 2026 registrations per beneficiary | Average 1.01 (down from 1.06 in FY 2025) | FY 2026 |\n| FY 2026 selected registrations | 120,141 | FY 2026 |\n\n*Note: As of July 2026, USCIS announced it has received enough petitions to reach both the regular cap and the master’s cap for FY 2027.*" }, { "heading": "Exceptions & edge cases", "markdown": "**Cap-exempt employers** – H-1B workers petitioned or employed by institutions of higher education, nonprofit research organizations, government research organizations, and their affiliated or related nonprofit entities are **not subject** to the numerical cap and do not need to go through the lottery.\n\n**Concurrent cap-subject employment** – An H-1B worker already in cap-exempt employment may engage in **concurrent cap-subject employment** while continuing the cap-exempt position, without being subject to the cap again within the same H-1B validity period.\n\n**Moving from cap-exempt to cap-subject** – If a worker moves from cap-exempt to cap-subject employment, the new employer’s petition is subject to the cap and must go through the electronic registration process.\n\n**Duplicate registrations** – A prospective petitioner may only submit **one registration per beneficiary per fiscal year**. If duplicates are filed (by the same petitioner or their representative), all registrations for that beneficiary by that petitioner are invalidated and removed from selection. The system provides a duplicate checker tool, but the burden remains on the registrant.\n\n**False attestations** – At submission, registrants must certify under penalty of perjury that the registration contains a bona fide job offer and that no collusion occurred to unfairly increase selection chances. False attestations can lead to denial or revocation of petitions and may be referred for criminal prosecution.\n\n**H-1B extensions beyond 6 years** – Under 8 CFR 214.2(h)(13)(iii)(E), a beneficiary may obtain extensions in up to 3-year increments if they are the beneficiary of an approved EB-1, EB-2, or EB-3 immigrant visa petition and are eligible for that status but for per-country or worldwide visa limits. Under 8 CFR 214.2(h)(13)(iii)(D), extensions of up to 1-year increments are available if at least 365 days have passed since a labor certification or immigrant petition was filed.\n\n**Presidential Proclamation (since vacated)** – On June 8, 2026, a federal court vacated the $100,000 payment requirement imposed by the September 2025 Presidential Proclamation for certain H-1B petitions. The government’s motion to stay was denied by the First Circuit on July 24, 2026. As of the latest guidance, DHS will comply with the court order but notes that if the order is later lifted, DHS still plans to collect the payment." } ], "claims": [ { "claim_id": "c1", "text": "H-1B eligibility requires a job that qualifies as a specialty occupation, generally needing a U.S. bachelor’s or higher degree in a directly related field, and a beneficiary who meets that degree requirement or its equivalent.", "source_urls": [ "https://www.uscis.gov/working-in-the-united-states/h-1b-specialty-occupations" ] }, { "claim_id": "c2", "text": "For FY 2027, the electronic registration period opened at noon Eastern on March 4 and closed at 5 p.m. Eastern on March 19, 2026; each registration requires a non-refundable $215 fee.", "source_urls": [ "https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/h-1b-electronic-registration-process" ] }, { "claim_id": "c3", "text": "USCIS conducts a weighted random selection based on the highest OEWS wage level; only selected registrants receive a selection notice and may file cap-subject H-1B petitions starting April 1, 2026.", "source_urls": [ "https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/h-1b-electronic-registration-process" ] }, { "claim_id": "c4", "text": "The H-1B annual cap is 65,000 regular visas plus an additional 20,000 for U.S. advanced-degree holders (master’s cap).", "source_urls": [ "https://www.uscis.gov/working-in-the-united-states/h-1b-specialty-occupations" ] }, { "claim_id": "c5", "text": "Certain cap-exempt employers (institutions of higher education, nonprofit and government research organizations, and affiliated nonprofits) are not subject to the numerical cap.", "source_urls": [ "https://www.uscis.gov/working-in-the-united-states/h-1b-specialty-occupations" ] }, { "claim_id": "c6", "text": "Duplicate registrations by the same prospective petitioner for the same beneficiary are invalidated; false attestations can lead to petition denial or revocation and criminal referrals.", "source_urls": [ "https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/h-1b-electronic-registration-process" ] }, { "claim_id": "c7", "text": "H-1B extensions beyond 6 years are available under 8 CFR 214.2(h)(13)(iii)(E) for those with approved immigrant petitions and under (h)(13)(iii)(D) if 365 days have passed since a labor certification or immigrant petition was filed.", "source_urls": [ "https://www.uscis.gov/working-in-the-united-states/h-1b-specialty-occupations" ] }, { "claim_id": "c8", "text": "A federal court vacated the $100,000 payment requirement on June 8, 2026; the government’s stay was denied on July 24, 2026, but DHS may still collect if the order is later lifted.", "source_urls": [ "https://www.uscis.gov/working-in-the-united-states/h-1b-specialty-occupations" ] }, { "claim_id": "c9", "text": "As of July 2026, USCIS has received enough petitions to reach both the 65,000 regular cap and the 20,000 master’s cap for fiscal year 2027.", "source_urls": [ "https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/h-1b-electronic-registration-process" ] } ], "citations": [ { "claim_id": "c1", "source_name": "H-1B Specialty Occupations — Eligibility, Cap, and Petition Process (USCIS)", "source_org": "U.S. Citizenship and Immigration Services", "url": "https://www.uscis.gov/working-in-the-united-states/h-1b-specialty-occupations", "doc_id": "20426f7a-f289-47d5-9a04-e0d5b72342fb", "as_of": "2026-08-20", "checked_at": "2026-08-20", "http_status": 200, "content_hash": "1230b21d45a5d28f" }, { "claim_id": "c2", "source_name": "H-1B Electronic Registration Process (USCIS)", "source_org": "U.S. Citizenship and Immigration Services", "url": "https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/h-1b-electronic-registration-process", "doc_id": "993c06bf-b2fc-438d-9be6-1a7edb8ccf3c", "as_of": "2026-08-20", "checked_at": "2026-08-20", "http_status": 200, "content_hash": "b49673951c6586d8" } ], "status": "published", "last_verified": "2026-08-20" }, { "question": "How do you read the Visa Bulletin? Priority dates, chargeability, and cutoff charts explained", "question_slug": "how-to-read-visa-bulletin", "url": "https://www.m-i-n-d.ai/minds/immigration/how-to-read-visa-bulletin", "jurisdiction": "US Federal", "direct_answer": "The Visa Bulletin, published monthly by the U.S. Department of State, uses priority dates, country of chargeability, and two cutoff charts—Application Final Action Dates and Dates for Filing Applications—to show when an immigrant visa is available. A visa is available when your priority date is earlier than the cutoff date for your preference category and country of chargeability, or if the chart shows 'C' (current) or 'U' (unavailable). As of August 2026, USCIS designates the Dates for Filing chart for family-sponsored preference and the Final Action Dates chart for employment-based preference.", "sections": [ { "heading": "Details / How it works", "markdown": "The **Visa Bulletin** is a monthly publication by the U.S. Department of State (DOS) that summarizes immigrant visa availability for family-sponsored, employment-based, and diversity categories. It contains two main charts:\n- **Application Final Action Dates chart**: Shows when visa numbers are actually available for issuance (used by USCIS unless otherwise specified).\n- **Dates for Filing Applications chart**: Indicates when applicants may begin submitting documentation to the National Visa Center or file Form I-485, depending on USCIS designation.\n- **Priority date**: The date your immigrant petition was properly filed (found on Form I-797). It determines your place in the visa queue.\n- **Country of chargeability**: Usually your country of birth, which affects per‑country limits and cutoff dates.\n- **Cut‑off date**: A date listed in the Visa Bulletin for each preference category and country. Your visa is available if your priority date is **earlier than** the cut‑off date.\n- **Indicators**: 'C' means visas are currently available for all qualified applicants in that category; 'U' means visas are temporarily unavailable.\n\nTo use the Bulletin, first find your preference category (e.g., F1, F2A, EB‑2) and country of chargeability in the relevant chart. Compare your priority date to the shown cut‑off date. If yours is earlier (or the chart says 'C'), a visa is available and you may proceed with adjustment of status (if in the U.S.) or consular processing (if abroad)." }, { "heading": "Numbers & thresholds", "markdown": "| Term | Meaning | Example from Visa Bulletin (F1 China) |\n|------|---------|--------------------------------------|\n| **Priority date** | The filing date of your immigrant petition (e.g., Form I‑130, I‑140). | Appears on Form I‑797. |\n| **Cut‑off date** | A date listed for a category and country; only priority dates earlier than this qualify. | `15DEC07` means visas are available for priority dates before December 15, 2007. |\n| **Current (`C`)** | Immediate visa availability for all qualified applicants in that category/country. | No numeric date; shown as `C`. |\n| **Unavailable (`U`)** | No visas available in that category/country for the current month. | Shown as `U`. |\n| **Per‑country limit** | Annual visa cap by country (usually 7% of total preference visas). | High‑demand countries (e.g., India, China) often have longer cutoff waits. |\n| **Annual limits** | Family‑sponsored: ~226,000 total; Employment‑based: ~140,000 total. | These ceilings can be exceeded by unused visas from prior years. |" }, { "heading": "Exceptions & edge cases", "markdown": "**Visa Retrogression**: Cut‑off dates can move *backward* (e.g., from `01JAN22` to `01OCT21`) when demand exceeds supply, making previously current priority dates unavailable. This often happens when annual limits are exhausted, but new fiscal year (October 1) usually restores dates.\n\n**Concurrent Filing**: If your priority date is earlier than the cut‑off date on the **Application Final Action Dates** chart, or the chart shows 'C', you may file Form I‑485 together with the underlying immigrant petition (Form I‑130 or I‑140). When USCIS permits, you may also use the **Dates for Filing Applications** chart for earlier filing.\n\n**Which Chart to Use**: For August 2026, USCIS requires:\n- Family‑sponsored preference: Use the **Dates for Filing** chart.\n- Employment‑based preference: Use the **Final Action Dates** chart.\n\n**Immediate Relatives** (spouse, unmarried child under 21, parent of a U.S. citizen) are not subject to numerical limits—immigrant visas are always available, so they do not need to consult the Bulletin for visa availability.\n\n**Priority Date Preservation**: For employment‑based cases requiring a labor certification, the priority date is the date the labor certification application was accepted by DOL. If Form I‑140 is filed within 180 days of DOL approval, that date is preserved." } ], "claims": [ { "claim_id": "c1", "text": "The Visa Bulletin is published monthly by the U.S. Department of State and contains two charts: Application Final Action Dates and Dates for Filing Applications.", "source_urls": [ "https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-and-priority-dates" ] }, { "claim_id": "c2", "text": "A visa is available when the applicant's priority date is earlier than the cut-off date listed for their preference category and country of chargeability, or when the chart shows 'C' (current) or 'U' (unavailable).", "source_urls": [ "https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-and-priority-dates" ] }, { "claim_id": "c3", "text": "As of August 2026, USCIS designates the Dates for Filing chart for family-sponsored preference and the Final Action Dates chart for employment-based preference.", "source_urls": [ "https://www.uscis.gov/visabulletininfo" ] }, { "claim_id": "c4", "text": "Priority dates are found on Form I-797, Notice of Action, for the immigrant petition filed on the applicant's behalf.", "source_urls": [ "https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-and-priority-dates" ] }, { "claim_id": "c5", "text": "Visa retrogression occurs when cut-off dates move backward due to high demand exhausting annual limits; new supplies typically become available on October 1.", "source_urls": [ "https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-and-priority-dates" ] }, { "claim_id": "c6", "text": "Applicants may concurrently file Form I-485 with the underlying petition if their priority date is earlier than the cut-off date on the Application Final Action Dates chart or if the chart shows 'C'.", "source_urls": [ "https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-and-priority-dates" ] }, { "claim_id": "c7", "text": "Immediate relatives of U.S. citizens are not subject to numerical limits, so immigrant visas are always available for them.", "source_urls": [ "https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-and-priority-dates" ] }, { "claim_id": "c8", "text": "Country of chargeability (usually country of birth) affects per‑country visa limits and the cut-off dates shown in the Visa Bulletin.", "source_urls": [ "https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-and-priority-dates" ] } ], "citations": [ { "claim_id": "c1", "source_name": "Visa Availability and Priority Dates (USCIS)", "source_org": "U.S. Citizenship and Immigration Services", "url": "https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-and-priority-dates", "doc_id": "1a768b13-cb77-4cc1-9ded-0fe7a48ff483", "as_of": "2026-08-20", "checked_at": "2026-08-20", "http_status": 200, "content_hash": "9deb44afaab80364" }, { "claim_id": "c3", "source_name": "Adjustment of Status Filing Charts from the Visa Bulletin — Current Month Designation (August 2026)", "source_org": "U.S. Citizenship and Immigration Services", "url": "https://www.uscis.gov/visabulletininfo", "doc_id": "c5b539b0-20a1-4749-9e46-1485d7d99efc", "as_of": "2026-08-20", "checked_at": "2026-08-20", "http_status": 200, "content_hash": "f65d340051f53eb7" } ], "status": "published", "last_verified": "2026-08-20" }, { "question": "What are the naturalization requirements? Continuous residence, physical presence, and good moral character", "question_slug": "naturalization-requirements", "url": "https://www.m-i-n-d.ai/minds/immigration/naturalization-requirements", "jurisdiction": "US Federal", "direct_answer": "Naturalization requires three main requirements: continuous residence, physical presence, and good moral character. Under INA 316(a), an applicant must have resided continuously in the United States for at least 5 years and be physically present for at least half of that period (913 days) before filing Form N-400. Good moral character must be demonstrated during the statutory period, measured against the standards of the average citizen.", "sections": [ { "heading": "Details / How it works", "markdown": "**Continuous Residence** requires the applicant to maintain a permanent dwelling place in the United States for the statutory period (generally 5 years under INA 316(a) or 3 years for certain spouses under INA 319(a)). USCIS reviews records and testimony to determine compliance. **Physical Presence** is a separate requirement: the applicant must be physically present in the United States for at least half the continuous residence period (at least 30 months or 913 days under INA 316(a)). Departure and return days count as physical presence. **Good Moral Character** (GMC) means character that measures up to the standards of average citizens of the community. The applicant must show GMC during the statutory period and up to the time of the Oath of Allegiance. USCIS evaluates the applicant's record, statements, and testimony on a case-by-case basis. Certain criminal conduct automatically precludes a finding of GMC." }, { "heading": "Numbers & thresholds", "markdown": "| Requirement | Statutory Period | Numerical Threshold |\n|-------------|-----------------|-------------------|\n| Continuous Residence | 5 years (INA 316) or 3 years (INA 319(a)) | Absence >6 months but <1 year presumptively breaks continuity; absence ≥1 year automatically breaks continuity. |\n| Physical Presence | Same as continuous residence period | At least 30 months (913 days) in the United States before filing under INA 316(a). |\n| Good Moral Character | The applicable statutory period (e.g., 5 years under INA 316) | No fixed numerical threshold; evaluated by standards of average citizens. INA 101(f) lists conduct that precludes GMC. |" }, { "heading": "Exceptions & edge cases", "markdown": "**Exceptions to Continuous Residence:** Certain classes of applicants may be eligible for a reduced period of continuous residence, constructive continuous residence while outside the United States, or an exemption from the continuous residence requirement. These include certain military members and certain spouses of U.S. citizens. An applicant with an approved Form N-470 (Application to Preserve Residence for Naturalization Purposes) may maintain continuous residence while abroad. **Breaks in Continuous Residence:** An absence of more than 6 months but less than 1 year creates a rebuttable presumption of a break; the applicant may overcome it by evidence that they did not disrupt residence (e.g., kept employment, family remained in U.S., retained a home). An absence of 1 year or more automatically breaks continuity unless the applicant has an approved Form N-470. **Good Moral Character Edge Cases:** Conduct outside the GMC period may still impact the determination. The catch-all provision in INA 101(f) means that even conduct not explicitly listed can preclude GMC if it offends accepted moral standards. USCIS may rely on local counsel in cases involving specific jurisdictional case law." } ], "claims": [ { "claim_id": "c1", "text": "Naturalization requires continuous residence, physical presence, and good moral character.", "source_urls": [ "https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3", "https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-4", "https://www.uscis.gov/policy-manual/volume-12-part-f-chapter-1" ] }, { "claim_id": "c2", "text": "Under INA 316(a), an applicant must have resided continuously in the United States for at least 5 years and be physically present for at least half of that period (913 days) before filing Form N-400.", "source_urls": [ "https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3", "https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-4" ] }, { "claim_id": "c3", "text": "Good moral character must be demonstrated during the statutory period, measured against the standards of the average citizen.", "source_urls": [ "https://www.uscis.gov/policy-manual/volume-12-part-f-chapter-1" ] }, { "claim_id": "c4", "text": "Continuous residence requires the applicant to maintain a permanent dwelling place in the United States for the statutory period.", "source_urls": [ "https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3" ] }, { "claim_id": "c5", "text": "Physical presence requires the applicant to be physically present in the United States for at least half the continuous residence period (at least 30 months or 913 days under INA 316(a)).", "source_urls": [ "https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-4" ] }, { "claim_id": "c6", "text": "An absence of more than 6 months but less than 1 year presumptively breaks continuity of residence; an absence of 1 year or more automatically breaks continuity.", "source_urls": [ "https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3" ] }, { "claim_id": "c7", "text": "Certain classes of applicants may be eligible for a reduced period of continuous residence, constructive continuous residence while outside the United States, or an exemption from the continuous residence requirement.", "source_urls": [ "https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3" ] } ], "citations": [ { "claim_id": "c1", "source_name": "USCIS Policy Manual Vol. 12, Part D, Ch. 3 — Continuous Residence", "source_org": "U.S. Citizenship and Immigration Services", "url": "https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3", "doc_id": "54881d8b-ccb9-4bc3-a71e-f2cfa8bca65d", "as_of": "2026-08-20", "checked_at": "2026-08-20", "http_status": 200, "content_hash": "ca1903b5a9ea891e" }, { "claim_id": "c1", "source_name": "USCIS Policy Manual Vol. 12, Part D, Ch. 4 — Physical Presence", "source_org": "U.S. Citizenship and Immigration Services", "url": "https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-4", "doc_id": "7c6822d9-9cd9-418d-a2f8-98b520edf60a", "as_of": "2026-08-20", "checked_at": "2026-08-20", "http_status": 200, "content_hash": "f023d439154948ae" }, { "claim_id": "c1", "source_name": "USCIS Policy Manual Vol. 12, Part F, Ch. 1 — Good Moral Character (Purpose and Background)", "source_org": "U.S. Citizenship and Immigration Services", "url": "https://www.uscis.gov/policy-manual/volume-12-part-f-chapter-1", "doc_id": "b7adab22-46c4-4fde-a355-2b7ce3a322e0", "as_of": "2026-08-20", "checked_at": "2026-08-20", "http_status": 200, "content_hash": "f589394891fc43ba" } ], "status": "published", "last_verified": "2026-08-20" }, { "question": "O-1 visa and EB-1 green card: what do the extraordinary-ability standards actually require?", "question_slug": "o1-eb1-extraordinary-ability-standards", "url": "https://www.m-i-n-d.ai/minds/immigration/o1-eb1-extraordinary-ability-standards", "jurisdiction": "US Federal", "direct_answer": "Under current USCIS policy, both the O-1 visa and EB-1 green card require proof of extraordinary ability, defined as being among a small percentage at the very top of one's field through sustained national or international acclaim. For EB-1, an applicant must meet at least three of ten specific criteria or provide evidence of a one-time major award, and must show they will continue working in their area of expertise, with no job offer or labor certification needed. For O-1, the petitioner must submit at least three types of documentation from 8 CFR § 214.2(o) and include a consultation from a peer group or expert, and the beneficiary must come to the U.S. to continue work in that area.", "sections": [ { "heading": "Details / How it works", "markdown": "Both the O-1 visa and EB-1 green card (extraordinary ability subcategory) demand that the individual demonstrate extraordinary ability through **sustained national or international acclaim**, meaning a level of expertise that places them **among the small percentage at the very top** of their field in sciences, arts, education, business, or athletics.\n\n- **EB-1**: The applicant may self-petition using Form I-140. No offer of employment or labor certification is required. The applicant must also provide evidence that they will **continue to work in the area of expertise** in the United States.\n- **O-1**: A U.S. employer, agent, or foreign employer through a U.S. agent files Form I-129 on behalf of the beneficiary. The petition must include a **consultation** from a peer group or expert (or from a labor union and management organization for motion picture/television). The beneficiary must be coming to the U.S. to **continue work in the area of extraordinary ability**." }, { "heading": "Numbers & thresholds", "markdown": "The evidentiary thresholds are quantified as follows:\n\n| Visa Type | Evidence Requirement | Additional Conditions |\n|-----------|---------------------|-----------------------|\n| **EB-1** | Meet **at least 3 of 10 criteria** (e.g., lesser prizes, association memberships, published material, judging others, original contributions, authorship, artistic exhibitions, leading roles, high salary, commercial success) **or** provide evidence of a **one-time major internationally-recognized award** (e.g., Pulitzer, Oscar, Olympic Medal). | Must also show continuing work in the area of expertise. No job offer or labor certification needed. |\n| **O-1** | Provide **at least 3 different types of documentation** corresponding to those listed in **8 CFR § 214.2(o)** (or comparable evidence) that, as a whole, demonstrate the individual has risen to the very top of the field. | Must include a **consultation** (written advisory opinion) from a peer group or person with expertise. For motion picture/television, consultation from both a labor union and management organization is required. |" }, { "heading": "Exceptions & edge cases", "markdown": "- **One-time achievement** for EB-1: A single major internationally-recognized award (like a Nobel Prize, Oscar, or Olympic gold medal) can serve as sole evidence, substituting for the three-out-of-ten criteria requirement.\n- **O-1 subcategories**: O-1A (sciences, education, business, athletics) and O-1B (arts, or extraordinary achievement in motion picture/television) have slightly different evidentiary nuances; O-1B in motion picture/television requires showing **extraordinary achievement** rather than extraordinary ability.\n- **Consultation exceptions**: For O-1, if no appropriate peer group exists, USCIS may base its decision on submitted evidence alone. A previous consultation may be reused if the beneficiary is seeking readmission for similar services within two years.\n- **No labor certification**: Both EB-1 extraordinary ability and all O-1 classifications are exempt from labor certification requirements." } ], "claims": [ { "claim_id": "c1", "text": "Extraordinary ability means being among a small percentage at the very top of the field in sciences, arts, education, business, or athletics through sustained national or international acclaim.", "source_urls": [ "https://www.uscis.gov/working-in-the-united-states/temporary-workers/o-1-visa-individuals-with-extraordinary-ability-or-achievement" ] }, { "claim_id": "c2", "text": "For EB-1, an applicant must meet at least three of ten listed criteria or provide evidence of a one-time major internationally-recognized award, and must show they will continue working in their area of expertise; no job offer or labor certification is required.", "source_urls": [ "https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-first-preference-eb-1" ] }, { "claim_id": "c3", "text": "For O-1, the petitioner must provide at least three types of documentation from 8 CFR § 214.2(o) and include a consultation from a peer group or expert; the beneficiary must come to the U.S. to continue work in the area of extraordinary ability.", "source_urls": [ "https://www.uscis.gov/working-in-the-united-states/temporary-workers/o-1-visa-individuals-with-extraordinary-ability-or-achievement" ] }, { "claim_id": "c4", "text": "A one-time major internationally-recognized award (e.g., Pulitzer, Oscar, Olympic Medal) can serve as sole evidence of extraordinary ability for EB-1, substituting for the three-out-of-ten criteria requirement.", "source_urls": [ "https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-first-preference-eb-1" ] }, { "claim_id": "c5", "text": "O-1 has subcategories: O-1A for sciences, education, business, athletics; O-1B for arts or extraordinary achievement in motion picture or television industry.", "source_urls": [ "https://www.uscis.gov/working-in-the-united-states/temporary-workers/o-1-visa-individuals-with-extraordinary-ability-or-achievement" ] } ], "citations": [ { "claim_id": "c1", "source_name": "O-1 Visa: Individuals with Extraordinary Ability or Achievement (USCIS)", "source_org": "U.S. Citizenship and Immigration Services", "url": "https://www.uscis.gov/working-in-the-united-states/temporary-workers/o-1-visa-individuals-with-extraordinary-ability-or-achievement", "doc_id": "3ce27024-a10c-423d-ae17-ddbe6e7ae217", "as_of": "2026-08-20", "checked_at": "2026-08-20", "http_status": 200, "content_hash": "a7660e41965a0396" }, { "claim_id": "c2", "source_name": "Employment-Based Immigration: First Preference EB-1 (USCIS)", "source_org": "U.S. Citizenship and Immigration Services", "url": "https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-first-preference-eb-1", "doc_id": "b0b5a67e-ae77-44cb-b1c8-9e4eaccc74da", "as_of": "2026-08-20", "checked_at": "2026-08-20", "http_status": 200, "content_hash": "919e8198dc7addb1" } ], "status": "published", "last_verified": "2026-08-20" } ] }