Frequently Asked Questions

Employment-based green cards are divided into positions based on education and experience, and positions that require neither a degree nor prior experience. If your immigration status in the U.S. is in good standing, you can pursue an employment-based green card even if you do not hold a work visa or other employment-authorized status. A company or organization can serve as your sponsor if it needs a position that matches your education and experience — or a position that requires no degree or prior experience.

It can be reviewed. A master's degree may place you in the EB-2 (advanced degree) category, and nonprofit organizations — churches, religious bodies, and nonprofit arts organizations — can serve as sponsors. Our office has obtained numerous employment-based green card approvals for graduates in music, fine arts, and athletics with nonprofit sponsors. Eligibility depends on your degree, experience, and the sponsor's circumstances, which we review together in consultation.

Yes, it can. Our office has obtained employment-based green card approvals with sponsors that had only two or three employees. What matters is not the company's size but meeting the sponsor requirements — especially proving the ability to pay the offered wage with tax returns and financial records. Even if current revenue or tax filings are weak, preparing the upcoming tax filings well can open a path forward, so planning ahead matters.

Yes. You can pursue an employment-based green card while maintaining student status, and many clients begin during their studies or the OPT period. Because of the nature of student status, the order and timing of each step — and any international travel plans — should be planned around your individual situation.

If you have a record of lawful entry — on a visa or through ESTA travel authorization — the spouse of a U.S. citizen can often be considered for adjustment of status (I-485) inside the U.S. even after an overstay. The outcome can differ depending on how you entered, your immigration history, and other individual circumstances, so your situation should be reviewed carefully before filing.

The threshold is at least 125% of the Federal Poverty Guidelines for the sponsor's household size. As of March 1, 2026, in the 48 contiguous states and Washington, D.C., a household of two is $27,050 and a household of three is $34,150, increasing by about $7,100 for each additional person. Alaska and Hawaii are higher. The figures are updated annually, and the table in effect when the application is filed applies. Officers look at the household income reasonably expected for that year rather than the tax return figure alone; tax returns are submitted as supporting evidence.

A joint sponsor must be a U.S. citizen, U.S. national, or lawful permanent resident, at least 18 years old, and domiciled in the United States. They do not need to be a relative. They must show income of at least 125% of the poverty guidelines for their own household size, sign a separate affidavit of support, and accept joint and several liability along with the petitioner. An intending immigrant may have only one joint sponsor, and no more than two joint sponsors may be used for the principal applicant and accompanying family together.

Signing an affidavit of support creates a legal duty to support the sponsored immigrant, and if the immigrant receives certain public benefits, the agency that provided them may seek reimbursement from the sponsor. The obligation ends when the sponsored immigrant becomes a U.S. citizen, is credited with 40 qualifying quarters of Social Security coverage, loses permanent resident status and departs the United States, receives a new grant of adjustment of status in removal proceedings, or dies. It also ends if the sponsor dies. Divorce is not one of the ending events.

If you were required to file and did not, the affidavit of support will be treated as insufficient even if your income exceeds the threshold. You must either prove that you had no duty to file, or complete the missing filings and submit that documentation. The filing includes a copy or IRS-issued transcript of the most recent year's federal tax return with all schedules filed with it, along with Forms W-2 and 1099.

Yes. There is no rule limiting how many times a person may serve. The one effect is that if the obligation from an earlier affidavit of support has not yet ended, those individuals are added to the sponsor's household size, and a larger household raises the income threshold that must be met.

A relative living in the same household may be able to combine their income, and assets may be used to make up the shortfall instead of income. Which assets count, how they are valued, and how much is required vary by case, so this should be reviewed before you begin preparing.

Korea is a treaty country, so Korean nationals may pursue the E-2 investor visa. The core requirements are making a substantial, at-risk investment in a U.S. business you establish or purchase, and actively running that business. The law sets no fixed minimum investment amount — substantiality is judged against the nature of the business — and your spouse may obtain work authorization. A solid business plan and documented source of funds are important.

NIW (National Interest Waiver) is a green card application method under the EB-2 category that allows you to self-petition without an employer sponsor. It waives the PERM labor certification requirement for professionals who can contribute to the U.S. national interest.

You must first qualify for EB-2 classification as an advanced-degree professional or a person of exceptional ability. You must then establish the substantial merit and national importance of the proposed endeavor, that you are well positioned to advance it, and that waiving the job-offer and labor-certification requirements would benefit the United States.

Processing times and premium-processing rules can change. Check the current USCIS processing-time and premium-processing pages for the form and classification involved.

A career in music may be considered for NIW, but the profession alone does not establish eligibility. The record must address the proposed endeavor’s national importance, the applicant’s ability to advance it, and the other applicable requirements.

EB-1A and EB-2 NIW apply different statutory and evidentiary requirements. Visa availability and processing options can also differ, so the appropriate path depends on the individual record and current government rules.

The O-1 visa is for foreign nationals with extraordinary ability in sciences, arts, education, business, or athletics. O-1A covers science/business, while O-1B covers arts/entertainment.

O-1 stay is tied to the time needed for the approved event or activity and may be granted for up to 3 years initially. Extensions to continue the same activity are generally adjudicated in increments of up to 1 year, with eligibility reviewed each time.

O-1 is a nonimmigrant classification and does not itself provide permanent residence. A person in O-1 status may separately explore an immigrant category such as EB-1A or EB-2 NIW, subject to that category’s requirements and the person’s immigration history.

Consultation fees and format depend on the scope of the requested review. Send an inquiry and the office will provide the applicable terms before scheduling.

Yes, phone and video consultations are available. Clients outside of New York and New Jersey can also conveniently receive consultations.

Yes. We have an office in Englewood Cliffs. Attorney Cho is admitted in New York, and the New Jersey office handles federal immigration matters.

Yes. Consultations and all case communication are available in English.

Yes, we handle all legal document preparation, translation, and filing. We provide a list of required documents and guide you on how to prepare each one.

We provide regular updates via email or phone. If you have questions at any time, please feel free to contact our office.

Regular office hours are Monday through Friday, 9AM to 5PM. For urgent situations, please email us at info@choattorneys.com.