General Immigration FAQs
What is the key mission of Digital Migration Services?
Digital Migration Services was founded with a mission to bridge the gap between global talent and U.S. opportunities, focusing on EB-1A and EB-2 NIW green card programs. Inspired by the transformative impact of skilled migration, we provide end-to-end support, empowering individuals and enriching American society
Why choose Digital Migration Services?
We combine legal expertise, personalized guidance, and end-to-end support to ensure a seamless and successful immigration journey.
What is the EB-1A green card program?
The EB-1A green card program is designed for individuals with extraordinary abilities in fields such as science, arts, education, business, or athletics. Applicants must demonstrate sustained national or international acclaim and provide evidence of their achievements, such as awards, publications, or significant contributions to their field.
What is the EB-2 NIW green card program?
The EB-2 NIW (National Interest Waiver) program is for individuals with advanced degrees or exceptional abilities whose work benefits the national interest of the United States. This category waives the requirement for a job offer, allowing applicants to self-petition.
Who is eligible for a green card under the EB-1A category?
Eligibility requires evidence of extraordinary ability in your field, such as receiving major awards, publishing in renowned journals, or holding a critical role in a significant organization. Applicants must meet at least three of ten USCIS-defined criteria.
What types of professionals are suitable for the EB-2 NIW category?
Professionals in healthcare, engineering, education, research, and entrepreneurship often qualify for EB-2 NIW if their work provides significant benefit to the U.S., such as addressing public health issues or contributing to technological advancements.
How long does the EB-1A or EB-2 NIW process take?
Processing times vary based on USCIS workload and the complexity of the case but generally range from 8 to 14 months. Premium processing is available for EB-1A applications, potentially reducing the timeline to 15 calendar days.
Can I apply for an EB-1A or EB-2 NIW green card without a sponsor?
Yes, both EB-1A and EB-2 NIW allow applicants to self-petition, meaning no employer sponsorship is required.
Can my family members also get green cards?
Yes, immediate family members (spouse and unmarried children under 21) are eligible for derivative green cards when the principal applicant is approved.
What is premium processing, and should I use it?
Premium processing expedites the application process for EB-1A petitions, reducing USCIS decision time to 15 days. It is recommended for individuals with time-sensitive needs.
What if my application is denied?
If denied, you can file a Motion to Reopen or Reconsider or appeal to the Administrative Appeals Office (AAO). Our legal partners can assist in addressing deficiencies and reapplying.
Can I apply for both EB-1A and EB-2 NIW simultaneously?
Yes, applying for both increases your chances of approval, as each has distinct eligibility criteria. However, filing fees and documentation will apply separately.
Study in the U.S. FAQs
What are the benefits of studying in the U.S.?
Studying in the U.S. provides access to world-class education, diverse career opportunities, and pathways to permanent residency, such as EB-2 NIW for advanced degree holders.
What is an F-1 visa, and how do I apply for it?
The F-1 visa is for international students pursuing academic programs in the U.S. Applicants must secure admission to a SEVP-certified school, pay the SEVIS fee, and attend a visa interview.
Can I work while studying on an F-1 visa?
Yes, students on an F-1 visa can work part-time on campus during their first year and apply for off-campus work options like CPT (Curricular Practical Training) or OPT (Optional Practical Training) later.
Are scholarships available for international students?
Yes, many U.S. universities offer merit-based and need-based scholarships for international students. We assist clients in identifying and applying for such opportunities.
How does studying in the U.S. help with an EB-2 NIW application?
Advanced degrees earned in the U.S. strengthen an EB-2 NIW application, especially if research or academic work has a significant national impact.
Visa Services FAQs
What visa options are available for entrepreneurs?
Entrepreneurs may apply for EB-2 NIW, E-2 Investor Visas, or L-1 Visas, depending on their business model, investment capital, and long-term goals.
Can I change my visa status in the U.S.?
Yes, you can file a Change of Status application with USCIS if you meet eligibility criteria and maintain lawful status.
How do I prepare for a U.S. visa interview?
Key steps include gathering required documents, understanding your visa purpose, and preparing to answer questions about your intent, ties to your home country, and financial capacity.
What happens if my visa is denied?
If denied, you may reapply after addressing the reasons for refusal or request a waiver for ineligibility, depending on the circumstances.
What is the difference between immigrant and non-immigrant visas?
Immigrant visas allow permanent residency, while non-immigrant visas are for temporary purposes, such as study, work, or tourism.
Business Services FAQs
How can I start a business in the U.S. as a foreign national?
We guide clients through registering a business, obtaining necessary permits, and fulfilling legal requirements, such as obtaining an EIN.
What is the E-2 Investor Visa?
The E-2 visa allows foreign entrepreneurs to invest in and manage a business in the U.S. Applicants must meet specific investment and operational criteria.
Can I sponsor myself for a green card as a business owner?
Yes, EB-2 NIW allows self-petitioning for entrepreneurs whose work benefits the U.S. economy or public interest.
What legal support is available for entrepreneurs?
We provide resources for business incorporation, intellectual property protection, and compliance with U.S. laws.
What industries are ideal for foreign entrepreneurs in the U.S.?
Healthcare, technology, renewable energy, and education are popular sectors for foreign entrepreneurs seeking growth and impact.
Work/Career Services FAQs
How do I find a job in the U.S. as a foreign professional?
Our services include resume writing, LinkedIn optimization, and networking strategies tailored to the U.S. job market.
Can I work while my green card application is pending?
Yes, applicants can apply for an Employment Authorization Document (EAD) to work legally during the processing period.
Are there licensing requirements for regulated professions?
Yes, professions like medicine, law, and engineering require state-specific licenses. We guide clients through the licensing process.
Can I transition from an H-1B to a green card?
Yes, transitioning from H-1B to EB-2 or EB-1 is common. We assist in navigating this process to ensure compliance and success.
What are the benefits of obtaining a U.S. work visa?
Work visas offer opportunities for career advancement, higher salaries, and potential pathways to permanent residency.
Refusal/Inadmissibility FAQs
What causes visa refusals?
Common reasons include incomplete documentation, failure to prove ties to the home country, or ineligibility under U.S. immigration laws.
How do I appeal a visa refusal?
You can file a Motion to Reopen or Reconsider with USCIS or reapply after addressing the denial reasons.
What are grounds for inadmissibility?
Inadmissibility may result from prior overstays, criminal records, misrepresentation, or lack of proper documentation.
Can inadmissibility be waived?
Yes, waivers are available for certain grounds of inadmissibility. We assist in preparing waiver applications with supporting evidence.
What should I do if my green card is denied?
We review the denial, address deficiencies, and guide clients through refiling or appealing the decision.
