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Contact
Boudia Immigration Law
We’re here to support you. Whether you’re an employer navigating work visa sponsorships or an individual seeking expert immigration representation, our legal team is ready to help.
Headquarters
15875 Middlebelt Road
Suite 200
Livonia, MI, 48154
USA
Phone
+1 (248) 354-8440
Question
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FAQ
Frequently Asked Questions
Browse our FAQs for answers to common questions about visas, green cards, compliance, and more.
Select FAQ Categories: General | Employers | Individuals | Families
General
What states does Boudia Immigration Law serve, and do I have to live near your office to work with you?
Immigration law is governed at the federal level, which means we can assist clients in all 50 states and worldwide. Whether you’re local, across the country or overseas, we offer full legal support from start to finish.
Contact us to schedule a consultation and take the next step in your immigration journey.
What are the costs associated with obtaining a visa?
Costs can vary depending on the visa type and whether you are applying from within or outside of the U.S. Costs may include USCIS filing fees, legal fees, and optional premium processing fees if faster service is needed. Some fees are fixed by the government, while others depend on the complexity of the case.
Boudia Immigration Law offers all-inclusive fee agreements with no hidden charges. Our agreements cover everything needed to file a case, so you're fully informed and prepared for the associated costs from the outset.
What is a Request for Evidence (RFE)?
An RFE is a formal notice from U.S. Citizenship and Immigration Services (USCIS)—the federal agency that processes most immigration applications—asking for additional documentation or clarification before making a decision on your case. It’s relatively common and does not mean your application will be denied.
Common reasons for receiving an RFE include:
- Missing or incomplete evidence
- Submitted documents that are outdated, incorrect, or inconsistent
- The need for more proof of eligibility or qualifications
Boudia Immigration Law regularly helps clients craft strong, timely responses to RFEs—reducing the risk of denial and keeping your case moving forward.
Visit our Appeals, Motions, RFE, NOIR, and NOID page for more details.
What happens if my visa application is denied?
A denial doesn’t always mean the end of the road. These may occur if required documents are missing, eligibility is unclear, or there are concerns about admissibility. Depending on the reason, you may be able to file an appeal, submit a motion to reopen or reconsider, or reapply with stronger evidence.
Acting quickly and developing a compelling legal response gives your case the best possible chance of success.
Visit our Appeals, Motions, RFE, NOIR, and NOID page for more details.
What is the difference between Adjustment of Status and Consular Processing?
Both are pathways to obtain a visa, but the process depends on where you are living.
Adjustment of Status allows you to apply for a visa from within the U.S., while Consular Processing requires you to complete the visa process at a U.S. embassy or consulate abroad.
See our Adjustment of Status and Consular Processing pages for more information.
Employers
As an employer, what is the process for sponsoring a foreign worker?
Generally, the employer files a petition with USCIS to begin the sponsorship process of a foreign worker. A common filing is Form I-129 for an H-1B visa, but each type of visa has a unique form to be filed. Some visa categories also require a Labor Condition Application (LCA) or PERM labor certification from the U.S. Department of Labor.
The process can be complex and time-sensitive, and engaging legal counsel helps ensure accuracy, compliance, and the avoidance of costly delays. Boudia Immigration Law supports businesses of all sizes—including startups, global corporations, and outsourcing firms—with strategic immigration planning.
Learn more about our Corporate Immigration Strategy services.
What are an employer's responsibilities in helping an individual receive a work visa?
Employers are responsible for submitting all filings and paying the government filing fees. As part of this process, they must demonstrate that the offered position and the candidate meet the eligibility criteria for the visa and comply with federal wage and working condition standards.
Given the complexity of these requirements, many companies choose to work with legal counsel to avoid delays or compliance issues. Boudia Immigration Law advises employers of all sizes on fulfilling their responsibilities and managing work visa petitions accurately and efficiently.
What types of work visas are available for individuals?
There are several types of employment-based visas available for individuals. The most common include:
- H-1B visa for specialty occupations
- L-1 visa for intracompany transferees
- TN visa for Canadian and Mexican professionals
Each category has specific eligibility requirements and filing procedures. Choosing the right visa is critical, and both employers and employees benefit from guidance provided by an experienced immigration law firm.
Visit our Work Visa Services page for more details.
How long can a foreign worker stay in the U.S. on a work visa?
How do employers sponsor employees for green cards?
Sponsoring a foreign employee for a green card typically involves several steps, beginning with labor certification and ending with lawful permanent residency. The most common categories for employment-based green cards include EB-1 (priority workers), EB-2 (professionals with advanced degrees or exceptional ability), and EB-3 (skilled workers, professionals, and other workers).
Most employment-based green card cases follow this process:
- PERM Labor Certification: The employer must obtain certification from the U.S. Department of Labor through the PERM process. This requires proving that no qualified U.S. workers are available for the position after conducting a good-faith recruitment effort.
- Form I-140 Petition: After the PERM is certified, the employer files Form I-140 with USCIS to classify the worker under the appropriate employment-based category.
- Adjustment of Status or Consular Processing: Once the I-140 petition is approved and a visa date becomes current (per the Visa Bulletin), the employee may apply for a green card either through Form I-485 (if in the U.S.) or through a U.S. consulate(if abroad).
See our PERM Labor Certification page for more information.
What are dependent visas and who qualifies?
Dependent visas, such as H-4 or F-2, allow spouses and children of certain visa holders (like H-1B or F-1) to reside in the U.S.
These are not green cards but may allow for school attendance and, in some cases, limited work authorization.
See our Dependent Visas / Change of Status page for more information.
Individuals
As an individual, do I need a job offer to apply for a visa?
Most work visas do require employer sponsorship. However, self-petition options like the EB-1A (Extraordinary Ability Visas) or National Interest Waiver may not. Our team can evaluate your qualifications and help you pursue the strongest immigration path, with or without a job offer.
What types of work visas are available for individuals?
There are several types of employment-based visas available for individuals. The most common include:
- H-1B visa for specialty occupations
- L-1 visa for intracompany transferees
- TN visa for Canadian and Mexican professionals
Each category has specific eligibility requirements and filing procedures. Choosing the right visa is critical, and both employers and employees benefit from guidance provided by an experienced immigration law firm.
Visit our Work Visa Services page for more details.
What are an employer’s responsibilities in helping an individual receive a work visa?
Employers are responsible for submitting all filings and paying the government filing fees. As part of this process, they must demonstrate that the offered position and the candidate meet the eligibility criteria for the visa and comply with federal wage and working condition standards.
Given the complexity of these requirements, many companies choose to work with legal counsel to avoid delays or compliance issues. Boudia Immigration Law advises employers of all sizes on fulfilling their responsibilities and managing work visa petitions accurately and efficiently.
How long can a foreign worker stay in the U.S. on a work visa?
What types of visas are available for students?
The F-1 Student Visa is designed for individuals enrolled in full-time academic studies at a U.S. institution. Eligible programs include universities, colleges, seminaries, conservatories, high schools, elementary schools, and language training programs.
The J-1 Exchange Visitor Visa supports individuals participating in U.S.-sponsored exchange programs that promote cultural and educational exchange.
See our Student and Exchange Visitor Visas Page for more details.
What are dependent visas and who qualifies?
Dependent visas, such as H-4 or F-2, allow spouses and children of certain visa holders (like H-1B or F-1) to reside in the U.S.
These are not green cards but may allow for school attendance and, in some cases, limited work authorization.
See our Dependent Visas / Change of Status page for more information.
How do employers sponsor employees for green cards?
Sponsoring a foreign employee for a green card typically involves several steps, beginning with labor certification and ending with lawful permanent residency. The most common categories for employment-based green cards include EB-1 (priority workers), EB-2 (professionals with advanced degrees or exceptional ability), and EB-3 (skilled workers, professionals, and other workers).
Most employment-based green card cases follow this process:
- PERM Labor Certification: The employer must obtain certification from the U.S. Department of Labor through the PERM process. This requires proving that no qualified U.S. workers are available for the position after conducting a good-faith recruitment effort.
- Form I-140 Petition: After the PERM is certified, the employer files Form I-140 with USCIS to classify the worker under the appropriate employment-based category.
- Adjustment of Status or Consular Processing: Once the I-140 petition is approved and a visa date becomes current (per the Visa Bulletin), the employee may apply for a green card either through Form I-485 (if in the U.S.) or through a U.S. consulate(if abroad).
See our PERM Labor Certification page for more information.
How can I become a U.S. citizen?
You may become eligible for naturalization—the legal process of becoming a U.S. citizen– after holding a green card for several years and meeting specific requirements, including continuous residence, good moral character, and passing an English and civics test. At Boudia Immigration Law, we understand that becoming a U.S. citizen is one of the most meaningful milestones in your immigration journey. Our team provides step-by-step guidance—from preparing your application to interview prep and finalizing your oath ceremony. We’re here to make the process clear, efficient, and successful.
See our Naturalization and Citizenship page for more details.
Families
Who qualifies for a family-based green card?
You may qualify for a family-based green card if you are the spouse, child, parent, or sibling of a U.S. citizen or permanent resident. These green cards fall under either the Immediate Relative category (no annual limits) or the Family Preference category (subject to quotas and wait times). Our team can help you determine which category applies to your case and guide you through the entire petition process with care and clarity.
See our Green Card page for more information.
How long does the family-based green card process take?
Processing times vary depending on your relationship to the petitioner and whether you are applying inside or outside the U.S. The Immediate Relatives category typically sees faster processing, while Family Preference applicants may wait several years depending on visa availability.
The monthly USCIS Visa Bulletin is an official monthly publication from the U.S. Department of State (DOS) that tells you when immigrants in certain categories can apply for a green card (lawful permanent residence). It’s basically a waiting list update — it shows which priority dates (filing dates) are currently eligible for final green card processing. Our team can help you determine when you are eligible to file.
How do employers sponsor employees for green cards?
Sponsoring a foreign employee for a green card typically involves several steps, beginning with labor certification and ending with lawful permanent residency. The most common categories for employment-based green cards include EB-1 (priority workers), EB-2 (professionals with advanced degrees or exceptional ability), and EB-3 (skilled workers, professionals, and other workers).
Most employment-based green card cases follow this process:
- PERM Labor Certification: The employer must obtain certification from the U.S. Department of Labor through the PERM process. This requires proving that no qualified U.S. workers are available for the position after conducting a good-faith recruitment effort.
- Form I-140 Petition: After the PERM is certified, the employer files Form I-140 with USCIS to classify the worker under the appropriate employment-based category.
- Adjustment of Status or Consular Processing: Once the I-140 petition is approved and a visa date becomes current (per the Visa Bulletin), the employee may apply for a green card either through Form I-485 (if in the U.S.) or through a U.S. consulate(if abroad).
See our PERM Labor Certification page for more information.
Can my child attend school while we wait for green card approval?
What if I’m living outside the U.S.? Can I still apply for a green card through a family member?
Yes. If you're abroad, you may apply through Consular Processing after a family member files a petition on your behalf. Once approved, you’ll complete the green card process at a U.S. embassy or consulate.
Visit our Consular Processing page for more information.
Can I adjust my status in the U.S. through a family member?
Yes, if you are already in the U.S. and meet eligibility requirements, you may be able to apply for a green card through Adjustment of Status.
This is typically available to Immediate Relatives of U.S. citizens and certain Family Preference applicants with current priority dates.
See our Adjustment of Status page for details.
What are dependent visas and who qualifies?
Dependent visas, such as H-4 or F-2, allow spouses and children of certain visa holders (like H-1B or F-1) to reside in the U.S.
These are not green cards but may allow for school attendance and, in some cases, limited work authorization.
See our Dependent Visas / Change of Status page for more information.
What is a waiver, and when would I need one?
A waiver may be needed if a family member is found inadmissible due to unlawful presence, fraud, or other grounds. It allows the immigration process to continue in certain cases.
See our Waivers of Inadmissibility page for more information.
How can I become a U.S. citizen?
You may become eligible for naturalization—the legal process of becoming a U.S. citizen– after holding a green card for several years and meeting specific requirements, including continuous residence, good moral character, and passing an English and civics test. At Boudia Immigration Law, we understand that becoming a U.S. citizen is one of the most meaningful milestones in your immigration journey. Our team provides step-by-step guidance—from preparing your application to interview prep and finalizing your oath ceremony. We’re here to make the process clear, efficient, and successful.
See our Naturalization and Citizenship page for more details.
