FAQs
Frequently asked questions
Straight answers on eligibility, evidence, scope, and what we can and cannot do. For depth on any category, follow the link at the top of each section.
General & scope
- Are you an immigration law firm?
- No. Immigration Horizons is an immigration consulting and paralegal services practice. We prepare petitions, draft documents, conduct research, organise evidence, and assist with USCIS forms and packaging. We are not attorneys, we do not provide legal advice, and we do not represent clients before USCIS or any court. Where a case needs legal representation, we say so.
- Can you help if I have already received an RFE or NOID?
- Yes, and this is one of the most common ways clients come to us — including on petitions we did not originally prepare. We review the notice, identify precisely what the officer is questioning, and prepare a focused response addressing those specific points with supporting evidence, rather than resubmitting the original filing with more material attached.
- Can I hire you for just one document instead of a full petition?
- Yes. Every deliverable can be engaged on its own — a recommendation letter set, an expert opinion letter, a business or endeavor plan, an evidence and exhibit package, or an RFE response. Many clients working with their own attorney use us for a single piece of the case, and we also work as additional drafting capacity for immigration attorneys and paralegals.
- Do you work with clients outside the United States?
- Yes. The practice is built around international clients and we work across time zones as a matter of routine. Communication happens over email and WhatsApp, and where needed we can work in more than one language.
- How long does a petition take, and what does it cost?
- Both depend on the category, the current state of your evidence, and the scope of work you actually need, so we quote after the consultation rather than publishing a fixed price list. On timing, USCIS processing times change continuously and vary by service centre and case type — we will not quote you a figure we cannot stand behind. The authoritative source is the official USCIS processing times tool, and we will walk you through what it means for your specific filing.
- Can you guarantee my petition will be approved?
- No, and you should be cautious of anyone who does. USCIS adjudicates every petition on its own record, and no preparer controls that outcome. What we control is the quality of the argument, the strength and organisation of the evidence, and the internal consistency of the filing. Our completed-case history and client reviews are public on our marketplace profiles so you can assess our work rather than take a promise on trust.
EB-2 NIW
Full guide →- What is the EB-2 NIW?
- The EB-2 National Interest Waiver is a U.S. employment-based immigrant petition that allows a qualified applicant to ask USCIS to waive the standard job offer and labor certification requirements. Because those requirements can be waived, it is a self-petition — the applicant files Form I-140 on their own behalf without an employer sponsor.
- Do I need a job offer or employer to file an EB-2 NIW?
- No. Waiving the job offer requirement is the defining feature of the National Interest Waiver, which is what makes it a self-petition. You do not need an employer to sponsor you, and you are not tied to a specific position. You do need to continue working in the area of the endeavor described in your petition.
- What are the three Dhanasar prongs?
- Under Matter of Dhanasar, USCIS asks three questions: whether the proposed endeavor has both substantial merit and national importance; whether the applicant is well positioned to advance that endeavor; and whether, on balance, it would benefit the United States to waive the job offer and labor certification requirements. All three must be satisfied.
- Do I need a PhD to qualify for an EB-2 NIW?
- No. You must meet the underlying EB-2 requirement, which can be satisfied by an advanced degree, by a bachelor's degree plus at least five years of progressive post-baccalaureate experience in the specialty, or by demonstrating exceptional ability under the six regulatory criteria. A PhD is one route among several, and it is not required.
- Can entrepreneurs and business founders qualify?
- Yes. Matter of Dhanasar expressly contemplates endeavors in business and entrepreneurship, and the case itself did not involve a traditional academic researcher. Self-directed work can argue particularly well under the third prong, because the impracticality of obtaining a labor certification follows naturally from the nature of the work.
- Does the EB-2 NIW require me to prove my work will succeed?
- No, and Dhanasar is explicit on this point: a petitioner need not demonstrate that the proposed endeavor is more likely than not to ultimately succeed. The second prong asks whether you are well positioned to advance the endeavor, which is assessed through your record, your skills, documented progress, and interest from relevant parties.
EB-1A
Full guide →- What is the EB-1A extraordinary ability category?
- EB-1A is a U.S. employment-based immigrant category for individuals with extraordinary ability in the sciences, arts, education, business, or athletics. It requires sustained national or international acclaim, and is a self-petition — no employer sponsorship and no labor certification are required to file Form I-140.
- How many EB-1A criteria do I need to meet?
- You need evidence meeting at least three of the ten criteria in 8 CFR 204.5(h)(3), unless you have received a one-time major internationally recognised award. Meeting three moves you past the threshold stage, but it does not by itself establish eligibility — the officer then makes a final merits determination on the record as a whole.
- Do I need a job offer or employer for EB-1A?
- No. EB-1A is a self-petition and no employer sponsorship or labor certification is required. You must, however, be able to show that you intend to continue working in your area of extraordinary ability in the United States.
- What is the Kazarian two-step analysis?
- Following Kazarian v. USCIS, USCIS first counts whether the evidence meets at least three regulatory criteria, then makes a separate final merits determination assessing whether the record as a whole demonstrates sustained acclaim and that the applicant is among the small percentage at the very top of the field. Both stages must be satisfied.
EB-1B
Full guide →- What is the EB-1B outstanding professor or researcher category?
- EB-1B is a U.S. employment-based immigrant category for professors and researchers who are internationally recognised as outstanding in a specific academic area. It requires at least three years of teaching or research experience in that area and a qualifying job offer from a U.S. employer, who files the petition.
- Can I self-petition for EB-1B?
- No. Unlike EB-1A and EB-2 NIW, EB-1B requires a U.S. employer to sponsor you and to file Form I-140 on your behalf. If you do not have an employer sponsor, EB-1A or EB-2 NIW are the self-petition alternatives worth assessing.
- How many EB-1B criteria do I need to meet?
- At least two of the six criteria set out in 8 CFR 204.5(i)(3)(i). Meeting two is a threshold rather than a conclusion — USCIS then assesses whether the record as a whole establishes that you are internationally recognised as outstanding in your academic area.
- Does a postdoctoral position qualify as the job offer?
- It depends on the nature of the position. The qualifying offer must be a tenured or tenure-track teaching position, or a comparable research position, and comparable research positions are generally expected to be permanent rather than for a defined term. Where a postdoc is being used, the permanence of the role needs to be addressed directly in the petition.
EB-1C
Full guide →- What is the EB-1C multinational manager or executive category?
- EB-1C is a U.S. employment-based immigrant category allowing a multinational business to transfer a manager or executive from a foreign entity to a related U.S. entity permanently. It generally requires one year of qualifying managerial or executive employment abroad within the preceding three years, and no labor certification is required.
- Can I self-petition for EB-1C?
- No. EB-1C is employer-filed. The U.S. entity is the petitioner and files Form I-140 on your behalf, and a substantial part of the evidence — corporate ownership records, organisational charts, and proof the entity has been doing business — must come from the company rather than from you.
- What counts as managerial capacity?
- Under the statutory definition, a manager manages the organisation or a department, function, or component of it; supervises other supervisory, professional, or managerial employees or manages an essential function; has authority over personnel actions or functions at a senior level; and exercises discretion over day-to-day operations. Supervising non-professional employees alone does not qualify.
- Can I qualify if I do not supervise anyone?
- Potentially, through the function-manager route. The statute contemplates managing an essential function rather than personnel. These cases require careful documentation identifying the function, establishing that it is essential to the organisation, and showing that you direct the function rather than personally performing the work.
O-1 Visa
Full guide →- What is the O-1 visa?
- The O-1 is a temporary U.S. work visa for individuals with extraordinary ability in the sciences, education, business, athletics, or the arts, or with a record of extraordinary achievement in motion picture or television. It is a nonimmigrant classification filed on Form I-129 and requires a U.S. petitioner or agent.
- Is the O-1 visa a green card?
- No. The O-1 is a nonimmigrant classification that authorises temporary work for a specific petitioner, initially for up to three years with extensions in increments of up to one year. It does not confer permanent residence. Applicants seeking a green card typically pursue EB-1A or EB-2 NIW, often in parallel with an O-1.
- Can I self-petition for an O-1?
- No. An O-1 requires a U.S. employer or a U.S. agent to file the petition on your behalf. Founders can often have their own U.S. company petition for them, but the employment and control arrangements need to be documented deliberately. If you need a self-petition route, EB-1A and EB-2 NIW are the alternatives.
- What is the difference between O-1A and O-1B?
- O-1A covers extraordinary ability in the sciences, education, business, or athletics, assessed against eight criteria. O-1B covers extraordinary ability in the arts or extraordinary achievement in motion picture and television, with its own criteria and, for the arts, a distinction standard that is lower than the sustained acclaim O-1A requires.
RFE & NOID support
Full guide →- Is an RFE a denial?
- No. A Request for Evidence means the officer needs more information before deciding, not that the petition has been refused. Many petitions that receive an RFE are approved once the specific concerns raised in the notice are addressed properly with targeted evidence.
- Can you help with an RFE on a petition someone else filed?
- Yes. A large share of our RFE work is on petitions originally prepared by another party, including cases where an applicant's law firm provided limited support. We review the notice and the original filing and prepare a focused response regardless of who prepared the petition.
- What is the difference between an RFE and a NOID?
- An RFE asks for more information; a Notice of Intent to Deny states that the officer is currently inclined to deny the petition and gives a final chance to respond. A NOID response has to engage directly with the officer's stated reasoning, not just supply missing documents, so the margin for a partial response is smaller.
- How long do I have to respond to an RFE?
- The deadline is stated in the notice and it is firm. Missing it generally means the petition is decided on the existing record, which usually results in denial. Because the evidence-gathering stage is where time is most often needed, it is best to begin as soon as the notice arrives.
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