Frequently Asked Questions
H-2B • EB-2 • EB-2 NIW • EB-3 • EB-5 • L-1A • L-1B
About US Immigration Partners & How We Work
No. [Firm Name] is a Gulf-based immigration advisory and client-support firm. We do not practice U.S. law and we do not provide legal advice. All legal services are provided by our U.S. partner law firm.
Only our U.S. partner law firm, which is admitted to practice U.S. immigration law. Any attorney-client relationship is formed with that firm, under its own separate engagement.
No — and you should be cautious of anyone who does. Immigration decisions are made solely by U.S. government agencies. What we and our partner firm can do is put your case in the strongest honest position with thorough preparation.
Yes. We serve clients in the UAE, Saudi Arabia, Qatar, Kuwait, Bahrain, Oman, and the wider Gulf.
We treat your information with discretion. Submitting a form or booking a consultation does not by itself create an attorney-client relationship or any legal engagement, and it does not obligate you to proceed.
The U.S. Process — General Questions
Usually not. Most of the early process — assessment, documentation, and filing — is handled remotely. Consular steps typically come later, often at a U.S. consulate in the Gulf.
It varies widely by category, by how complete the case is, and — for green cards — by your country of birth. Temporary work and transfer visas can move in months; some green-card routes take longer. We give you a realistic timeline for your specific route at the outset.
The Visa Bulletin is a monthly U.S. State Department chart showing when green-card categories are open for each country of birth, based on a “priority date.” Backlogs are driven by country of birth, not country of residence. Importantly for the Gulf: the long multi-year employment-based backlogs mainly affect people born in India and mainland China. Most GCC nationals are not subject to those same waits and are often current or close to current. This can change month to month, so it is always confirmed against the current Visa Bulletin for your specific case.
A nonimmigrant visa (e.g., H-2B, L-1A, L-1B) is temporary and tied to a specific purpose. A green card (e.g., EB-2, EB-3, EB-5) is permanent residence. Some temporary routes can support a later green-card application; others cannot.
In most categories, yes — your spouse and unmarried children under 21 can generally be included or accompany you. Work authorization for spouses depends on the category (for example, L-2 spouses may apply to work). We explain the family rules for your specific route.
For certain petitions, you can pay an additional U.S. government fee for premium processing, under which USCIS commits to take an initial action (approval, denial, or a request for more evidence) within a set, expedited timeframe. It speeds up the timeline; it does not guarantee approval, and it is not available for every category (for example, it is not available for the EB-5 investor petition). Current fees should be confirmed, as U.S. government fees change.
An RFE means USCIS wants more documentation before deciding — it is common and not a denial. Our partner firm prepares the legal response, and we help you assemble any additional documents quickly.
H-2B Visa — Temporary Workers
A temporary, non-agricultural work visa that lets U.S. employers fill genuinely temporary jobs — seasonal, peak-load, intermittent, or one-time — when qualified U.S. workers are not available (think hospitality, landscaping, seafood processing, events, and similar sectors).
The statutory annual cap is 66,000, split into 33,000 for jobs starting in the first half of the fiscal year (Oct 1–Mar 31) and 33,000 for the second half (Apr 1–Sep 30). In recent years the government has added supplemental visas on top of that. For fiscal year 2026, up to 64,716 additional H-2B visas were authorized, bringing the effective total to roughly 130,000 — but supplemental visas come with extra conditions and tight filing windows.
Because the cap is regularly reached quickly. For FY2026, several allocations hit their limits within weeks. Preparing early — well before your start-date window — is the single most important factor.
H-2B status is tied to the employer's temporary need and may be extended, up to a maximum of three years. After reaching the maximum, a worker generally must spend time outside the U.S. before requalifying.
Your spouse and unmarried children under 21 may apply for H-4 status to accompany you. H-4 dependents are generally not authorized to work.
Not directly. It is a temporary route. Some workers later pursue a separate employment-based green-card path, which is assessed independently.
The U.S. employer files the petition. The employer must also complete a temporary labor certification, including recruiting U.S. workers first.
EB-2 Visa — Advanced Degree / Exceptional Ability
An employment-based permanent residence category for professionals with advanced degrees and for individuals with exceptional ability in the sciences, arts, or business.
A U.S. master's degree or higher (or a foreign equivalent), or a bachelor's degree plus at least five years of progressive experience in the field, which together are treated as the equivalent of an advanced degree.
A degree of expertise significantly above the norm in your field, shown through evidence such as recognition, memberships, salary, and a record of contributions. It is a lower bar than the “extraordinary ability” standard used for the EB-1 category.
For standard EB-2, yes — you generally need a U.S. employer and a PERM labor certification. The major exception is the National Interest Waiver (NIW), which removes both requirements (see the NIW section).
Generally the long EB-2 backlogs affect people born in India and mainland China, not most GCC nationals. Your specific situation is always checked against the current Visa Bulletin, since priorities shift.
It depends on your qualifications and the role. EB-2 has higher education/ability requirements; EB-3 is broader. For backlogged countries the choice can also affect timing. Our partner firm advises on the best fit for your profile.
EB-2 NIW — National Interest Waiver
It is a route within EB-2 that lets qualifying individuals self-petition for a green card without a job offer and without PERM labor certification, by showing their work serves the national interest of the United States. There is no employer sponsor required.
USCIS applies the three-prong test from the 2016 precedent decision Matter of Dhanasar: The proposed endeavor has both substantial merit and national importance; You are well positioned to advance the endeavor; and On balance, it would benefit the United States to waive the job-offer and labor-certification requirements. You must also meet the underlying EB-2 standard (advanced degree or exceptional ability).
USCIS issued a Policy Manual update effective January 15, 2025 that gives the clearest roadmap yet for how officers apply the test and confirms that threshold EB-2 eligibility is checked first. It clarified application but did not change the underlying three-prong Dhanasar framework.
Common profiles include entrepreneurs and founders, researchers and scientists, engineers, physicians, and high-impact professionals whose work has demonstrable importance to the U.S. What matters is the evidence, not the job title.
Not strictly. Publications and citations help in research-heavy cases, but the NIW is evidence-driven across many forms — business traction, funding, adoption, measurable results, and credible expert support can all count. The case is built around your specific record.
Both allow self-petitioning, but EB-1A requires the very high “extraordinary ability” standard. The NIW sits within EB-2 and is generally more attainable for accomplished professionals who are not yet at the top of their field.
EB-3 Visa — Skilled Workers & Professionals
An employment-based permanent residence category for skilled workers, professionals, and certain other workers with a permanent U.S. job offer.
Skilled workers: roles requiring at least two years of training or experience. Professionals: roles requiring a U.S. bachelor's degree (or foreign equivalent). Other workers: certain positions requiring less than two years of training.
Yes. EB-3 requires a U.S. employer, a permanent full-time job offer, and a PERM labor certification confirming no qualified U.S. workers are available and that wages and conditions are protected.
Yes — EB-3 is the most common green-card route for foreign-trained registered nurses. (The former H-1C nurse visa no longer exists.) Credential evaluation and licensing are key parts of a nurse's case.
Timing varies by country of birth. The longest waits affect India and China; most GCC nationals are generally better positioned. We confirm your timeline against the current Visa Bulletin.
EB-5 Investor Visa
A route to U.S. permanent residence through investment: you invest qualifying, lawfully sourced capital in a U.S. enterprise that creates American jobs, and you, your spouse, and your unmarried children under 21 can obtain green cards. No employer or labor certification is required.
As of 2026: $800,000 for a project in a Targeted Employment Area (TEA) or a qualifying infrastructure project, or $1,050,000 otherwise. These amounts were set by the EB-5 Reform and Integrity Act of 2022 and are scheduled to adjust for inflation on January 1, 2027.
A Targeted Employment Area is a rural area or a high-unemployment area (where unemployment is at least 150% of the national average). Investing in a TEA both lowers the threshold to $800,000 and qualifies you for reserved visa “set-asides.” The 2022 law reserves a share of annual EB-5 visas for: Rural projects: 20% High-unemployment areas: 10% Infrastructure projects: 2% These reserved categories are currently available for applicants of all countries, which is why they can be faster than the unreserved category.
At least 10 full-time jobs for U.S. workers per investor.
Under current rules, the capital must remain invested and “at risk” for a two-year sustainment period, beginning when the funds are made available to the job-creating enterprise. “At risk” means there can be no guaranteed return of your capital.
Choose a route (direct investment or a designated Regional Center project) and document your source of funds — usually the most demanding stage for Gulf investors. Invest the capital and place it at risk. File the investor petition (Form I-526E for Regional Center cases, I-526 for direct). Receive a conditional green card (valid two years) via adjustment of status or consular processing. File Form I-829 within the 90-day window before the conditional card expires to remove conditions and obtain a permanent green card.
The well-known EB-5 backlogs affect investors born in mainland China (and, to a lesser extent, others). The reserved set-aside categories are current for all countries, and most GCC nationals are not subject to the long unreserved waits — a meaningful advantage. As always, this is confirmed against the current Visa Bulletin.
Yes — two dates matter right now: September 30, 2026: the “grandfathering” cutoff. Filing by this date protects a Regional Center case from disruption if the program later lapses. September 30, 2027: the date through which the Regional Center Program is currently authorized. Because these dates are close, the EB-5 timeline rewards deliberate, early action. Your U.S. counsel will confirm how they apply to your plan.
The U.S. “Gold Card” investor route launched in late 2025 as a higher-cost alternative (reported at $1 million for individuals / $2 million for corporate sponsorship) intended to replace EB-5. It remains new, more expensive, and subject to ongoing legal uncertainty. EB-5 remains the established, statute-based investor route today. We monitor developments and, with counsel, advise on the best current option for you.
No. Beyond meeting all legal requirements, the investment must be genuinely at risk with no guaranteed return, and source-of-funds documentation must be complete and traceable. EB-5 is rigorous, not automatic.
In a direct investment you build and manage the enterprise and its jobs yourself. In a Regional Center project, you invest into a managed, pre-structured project that handles job creation (and that can use indirect job counting). Many investors choose Regional Centers for convenience; the right choice depends on your goals and is assessed with counsel.
L-1A Visa — Executives & Managers
An intracompany transfer visa that lets a company move an executive or manager from a qualifying foreign entity to a related U.S. entity — including to open a new U.S. office.
A qualifying corporate relationship between the foreign and U.S. entities (parent, subsidiary, affiliate, or branch). At least one continuous year of qualifying employment with the foreign entity within the preceding three years. A genuinely executive or managerial role in the U.S. (not a senior individual-contributor role).
Yes. There is a specific new-office pathway. New-office cases face extra scrutiny (business plan, premises, viability) and the initial approval is limited to one year, with extensions as the office develops.
Up to a maximum of seven years (typically an initial three years, then two-year extensions; one year initial for a new office). Time spent abroad can sometimes be “recaptured.” After the maximum, a period outside the U.S. is generally required before requalifying.
It can support a strong green-card path: the EB-1C category for multinational managers and executives, which does not require labor certification. This is assessed separately by counsel.
Yes. L-2 spouses may apply for U.S. work authorization. Children under 21 may accompany you on L-2 status.
Larger, established multinationals that meet certain criteria can obtain a blanket L petition, streamlining transfers of qualifying employees rather than filing each case from scratch.
L-1B Visa — Specialized Knowledge
An intracompany transfer visa for employees with specialized knowledge of the company's products, services, systems, processes, or techniques, moving to a related U.S. entity.
Knowledge that is advanced, distinct, and not commonly held — either special knowledge of the company's product/service and its application in international markets, or an advanced level of expertise in the company's internal processes. USCIS scrutinizes this closely, so it must be clearly evidenced.
Up to a maximum of five years (typically an initial three years, then a two-year extension; one year initial for a new office). After the maximum, a period abroad is generally required before requalifying.
A qualifying corporate relationship between the foreign and U.S. entities. At least one continuous year of qualifying employment abroad within the preceding three years. Genuinely specialized knowledge, well documented.
L-1A is for executives and managers (up to seven years, with an EB-1C green-card path). L-1B is for specialized-knowledge employees (up to five years, and the green-card route typically runs through PERM rather than EB-1C).
L-2 spouses may apply for U.S. work authorization. A new-office L-1B is possible, with a one-year initial period and additional documentation.
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