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Below you'll find out most frequently asked questions about US visas,
categorized by visa type, with our lawyers' answers.

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Is there a filing fee for Form G-28?

No. Form G-28 has no filing fee.

USCIS accepts it at no cost.

Your immigration attorney may charge their own professional fees for representing you, but the form itself is free to submit alongside your visa application, petition, or appeal.

What is the difference between Form G-28 and Form G-28I?

Form G-28 is used for immigration matters before USCIS within the United States.

Form G-28I is a separate form used for matters outside the U.S., and it allows a broader range of representatives to file, including attorneys who are not licensed in the U.S. and certain family members.

If your case is handled domestically by USCIS, your attorney will use the standard G-28.

Do I need a new Form G-28 for every case I file?

Yes. USCIS requires a new Form G-28 for each separate application, petition, or appeal.

Even if the same attorney is handling multiple filings for you, they must submit a new G-28 with each one.

The form applies only to the specific case it is filed with and does not carry over to other matters.

Can I represent myself instead of using Form G-28?

Yes. You are always allowed to represent yourself before USCIS.

Form G-28 is only necessary when you want a licensed attorney or accredited representative to act on your behalf.

If you choose to handle your own visa process, USCIS will communicate directly with you.

However, for complex petitions or cases involving RFEs, many foreign nationals find that working with an immigration attorney leads to better outcomes.

Can a worker file Form I-129 on their own behalf?

No. Form I-129 must be filed by the U.S. employer acting as the petitioner.

The foreign national beneficiary cannot self-petition.

The employer is responsible for completing the form, paying the filing fees, and providing supporting documentation to USCIS.

How long does it take USCIS to process Form I-129?

Standard processing time for I-129 petitions is typically between 2 and 8 months, depending on the service center and visa category.

With premium processing (Form I-907), USCIS guarantees a response within 15 business days.

Processing times can change, so it is recommended to check the USCIS processing times page for current estimates.

What is evidence of approved I-129 status?

When USCIS approves an I-129 petition, they issue Form I-797, Notice of Action.

This approval notice serves as official evidence of the approved I-129 status.

The beneficiary may use it for visa stamping at a U.S. consulate or to document their authorized stay if already in the United States.

How many employment-based work visa categories are there?

U.S. immigration groups employment-based green cards into five preference categories, EB-1 through EB-5, though most professional hiring runs through EB-1, EB-2, and EB-3. On the temporary side, the main employment-based visa types include the H-1B, L-1A, O-1, TN, and E-2.

So the practical answer is a handful of temporary categories plus three or four green card categories that cover the vast majority of cases.

Which U.S. work visas allow dual intent?

Dual intent means you can hold a temporary visa and pursue a green card at the same time without raising questions about your intent to leave. The H-1B and L-1A clearly allow dual intent, which is why they're popular starting points for a longer plan.

The O-1 is treated flexibly in practice, while the TN and E-2 are tied more closely to temporary stay, so a green card plan on those needs careful documentation.

Which work visas do not require an employer sponsor?

Among green cards, the EB-1A (extraordinary ability) and EB-2 NIW (national interest waiver) allow self-petition, so the individual files without an employer or a PERM labor certification. The E-2 doesn't use a traditional employer either, since it's based on the applicant's own investment.

Every other major work visa, including the H-1B, L-1A, O-1, TN, and the standard EB-2 and EB-3 green cards, requires an employer or a job offer.

Which work visas lead directly to a green card?

The immigrant categories, EB-1A, EB-1C, EB-2 NIW, and EB-2 or EB-3 through PERM, lead directly to a green card. The temporary work visas don't grant permanent residence on their own, but several act as bridges.

An H-1B holder can move through PERM to EB-2 or EB-3, an L-1A manager to the EB-1C, and an O-1A performer to the EB-1A.

What is the fastest U.S. work visa to get?

For eligible candidates, the visas without a lottery or labor certification tend to move fastest. The O-1 and L-1A have no annual cap, so a qualified case can be filed at any time, and the TN can sometimes be obtained at the border for Canadian citizens within days.

Speed also depends on whether premium processing is used, which guarantees USCIS action within 15 business days for an added fee, so the right answer depends on the candidate's profile and how urgently you need them.

Can an L-2 visa holder work in the U.S.?

Yes. An L-2 spouse is employment authorized incident to status under 8 CFR 274a.12(a), meaning the authorization comes from the L-2 status itself rather than a separate work-permit application.

L-2 children are not covered by this provision.

What are the L-2 visa requirements?

L-2 status requires a qualifying marriage to, or parent-child relationship with, an L-1A or L-1B principal, and for children, being unmarried and under 21.

Status is obtained through a consular L-2 visa stamp or, for someone already in the U.S., through Form I-539.

How long is L-2 visa validity?

L-2 status runs for the same period as the L-1 principal's own authorized stay, documented on the dependent's individual Form I-94.

Each extension of the principal's L-1 status needs a matching L-2 filing to extend the dependent's own status.

Does an L-2 visa work permit need a separate application?

No, not for the spouse. Since a November 2021 policy change, an L-2 spouse's I-94, notated "L-2S," itself serves as evidence of L-2 visa work authorization.

An older I-94 reading "L-2" works the same way when paired with the Form I-797A approval notice.

What is L-2 visa processing time?

It depends on the route. A consular L-2 visa stamp follows the consulate's own appointment and issuance schedule, while a Form I-539 filed from inside the United States follows USCIS's current processing-times data for that service center.

Neither figure should be assumed from memory; check the live tool before planning around a date.

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Common questions about employment-based visas