Important Immigration Forms and Their Purpose

The U.S. immigration system is a complex web of laws, regulations, and procedures. Whether you are seeking to visit, work, or live in the United States, understanding the various forms required by U.S. Citizenship and Immigration Services (USCIS) is crucial for a successful immigration journey. This article provides a detailed list of important immigration forms, their purpose, and relevant information, presented in a comprehensive table for easy reference.

The U.S. offers various immigration pathways, including family-based immigration, employment-based immigration, and humanitarian programs. Each pathway has specific requirements and procedures, and the forms play a crucial role in initiating and completing these processes. For instance, family-based immigration involves forms like I-130 (Petition for Alien Relative) and I-864 (Affidavit of Support), while employment-based immigration may require forms like I-129 (Petition for a Nonimmigrant Worker) or I-140 (Immigrant Petition for Alien Worker). Understanding the purpose and requirements of each form is essential for navigating the complexities of the U.S. immigration system.

This table provides a detailed overview of important immigration forms, categorized by their purpose, such as applying for a Green Card, naturalization, or various nonimmigrant visas. Each form has specific eligibility criteria, filing fees, and processing times. While this list is extensive, it is not exhaustive, and other forms may be required depending on your individual circumstances.

USCIS Forms Related to F-1, H-4, and Green Card

The United States Citizenship and Immigration Services (USCIS) provides various forms for foreign nationals who wish to study, work, or reside in the United States. This article provides a comprehensive list of forms related to F-1 student visas, H-4 dependent visas, and Green Cards, outlining their purposes and the details required to complete them.

Accessing and Navigating the USCIS Website

Before diving into specific forms, it’s important to understand how to navigate the USCIS website to find the information you need. The USCIS website is organized into several sections, including:

• Forms: This section provides access to all USCIS forms, including downloadable versions and instructions.  
• Green Card: This section provides information on Green Card eligibility categories, application processes, and procedures.  
• Working in the United States: This section provides information on temporary worker visas, employment authorization, and other employment-related immigration matters.  
• Policy Manual: This section provides access to the USCIS Policy Manual, which offers detailed guidance on immigration policies and procedures.  

You can access these sections from the main menu on the USCIS homepage. To find a specific form, you can use the search function or browse the forms by category.

F-1 Student Visa

H-4 Dependent Visa

Green Card

F-1 Student Visa

The F-1 visa is a non-immigrant visa that allows foreign nationals to pursue academic studies in the United States. Here’s a breakdown of the F-1 process and related forms:

Before Arriving in the U.S.

Form I-20, “Certificate of Eligibility for Nonimmigrant (F-1) Student Status”

• Purpose: To certify that a student has been admitted to a full-time study program and has demonstrated sufficient financial resources to stay in the United States. This form is issued by a DSO at an SEVP-certified school.  
• When to use it:
  • Paying the I-901 SEVIS Fee.  
  • Applying for an F-1 visa.  
  • Entering the United States.  
• Details required:
  • Personal and biographical information (name, date of birth, country of birth, country of citizenship).  
  • School information (name, address, SEVP school code).  
  • Program of study information (degree objective, major, program start and end dates).  
  • Financial information (estimated expenses, sources of financial resources).  

Form DS-160, “Online Nonimmigrant Visa Application”

• Purpose: The first step in applying for an F-1 visa. It collects biographical information, travel plans, and security background.  
• When to use it: When applying for an F-1 visa from outside the United States.
• Details required:
  • Personal information (name, date of birth, address, etc.).  
  • Travel information (purpose of trip, intended length of stay, etc.).  
  • U.S. point of contact information.  
  • Family information.  
  • Work, education, and training information.  
  • Security and background information.  

Maintaining F-1 Status

Form I-539, “Application to Extend/Change Nonimmigrant Status”

• Purpose: Used to request an extension of F-1 status or a change to another nonimmigrant visa status (e.g., F-1 to H-1B). It is crucial to submit a complete and accurate I-539 application to avoid delays or denials.  
• When to use it:
  • Extending F-1 status.
  • Changing to another nonimmigrant visa status.
  • Requesting reinstatement to F-1 status if you have fallen out of status. Maintaining valid F-1 status is essential to avoid jeopardizing your ability to study and remain in the United States.  
• Details required:
  • Personal information (name, date of birth, address, etc.).  
  • Application type (extension or change of status).  
  • Current nonimmigrant status information.  
  • Requested nonimmigrant status information.  
  • Supporting documentation (e.g., I-20, financial documents, etc.).  

Working in the U.S.

Form I-765, “Application for Employment Authorization”

• Purpose: Used to apply for employment authorization, such as Optional Practical Training (OPT) or off-campus employment.  
• When to use it:
  • Applying for OPT.  
  • Applying for off-campus employment due to severe economic hardship.  
• Details required:
  • Personal information (name, date of birth, address, etc.).  
  • Eligibility category (e.g., OPT, economic hardship).  
  • Supporting documentation (e.g., I-20, financial documents, etc.).  

Form I-9, “Employment Eligibility Verification”

• Purpose: Used by employers to verify the identity and employment authorization of employees, including F-1 students working on campus.  
• When to use it: When starting a new job in the United States.
• Details required:
  • Employee’s personal information (name, address, etc.).
  • Documentation to prove identity and employment authorization (e.g., passport, I-94, I-20).  
  • Employer’s certification.

F-1 students may work on campus without specific authorization from USCIS. To complete Form I-9 for on-campus employment, F-1 students may present a combination of their unexpired foreign passport and Form I-94 indicating F-1 nonimmigrant status as an acceptable List A document.  

For F-1 students participating in Curricular Practical Training (CPT) or Optional Practical Training (OPT), specific forms and procedures apply. CPT allows F-1 students to gain practical experience related to their field of study, while OPT allows them to work after completing their studies. To complete Form I-9 for CPT or OPT employment, F-1 students must present specific documents as outlined by USCIS.  

Cap-Gap Extension

F-1 students who are seeking H-1B status may be eligible for a “cap-gap” extension of their F-1 status and employment authorization. This extension bridges the gap between the expiration of their F-1 status and the start date of their H-1B employment. To be eligible for the automatic cap-gap extension, the H-1B petition must be filed before the student’s F-1 status expires. This provision benefits F-1 students by allowing them to maintain legal status and work authorization while their H-1B petitions are pending.  

H-4 Dependent Visa

The H-4 visa is a non-immigrant visa that allows spouses and unmarried children under 21 years of age of H-1B visa holders to accompany them to the United States. Here are the relevant forms:

Form I-539, “Application to Extend/Change Nonimmigrant Status”

• Purpose: Used to extend H-4 status or change to H-4 status from another nonimmigrant visa category.  
• When to use it:
  • Extending H-4 status.
  • Changing to H-4 status.
• Details required:
  • Personal information (name, date of birth, address, etc.).  
  • Application type (extension or change of status).  
  • Current nonimmigrant status information.  
  • H-1B spouse’s information and status.  
  • Supporting documentation (e.g., marriage certificate, H-1B spouse’s visa, etc.).  

Form I-129 can be used to file for H-4 dependents concurrently with the H-1B principal’s petition. This means that an officer will review the H-4 derivative’s Form I-539 after reviewing the principal’s Form I-129 and will take appropriate adjudicative action (that is, issue an approval, denial, RFE, NOID or refer for an investigation) after that adjudicative review. This can streamline the process and ensure dependents’ applications are adjudicated together with the principal’s.  

Form I-765, “Application for Employment Authorization”

• Purpose: Used by certain H-4 dependent spouses to apply for employment authorization.  
• When to use it: When the H-1B spouse:
  • Is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker; or
  • Has been granted H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 (AC21). This allows H-4 spouses to contribute to their families’ income and pursue their own careers in the United States.  
• Details required:
  • Personal information (name, date of birth, address, etc.).  
  • Eligibility category (c)(9).  
  • H-1B spouse’s information and status.  
  • Supporting documentation (e.g., marriage certificate, H-1B spouse’s visa, etc.).  

Form I-129, “Petition for a Nonimmigrant Worker”

Form I-129 is used by employers to petition for a variety of nonimmigrant worker classifications, including H-1B, H-2A, H-2B, H-3, L-1, O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, P-3S, Q-1, and R-1. This form is broader than just H-1B and can be used for various temporary worker categories.  

Green Card

A Green Card, or Permanent Resident Card, grants foreign nationals lawful permanent residence in the United States. To apply for a Green Card, you will generally need to complete at least two forms—an immigrant petition and a Green Card application (Form I-485). Here’s an overview of the Green Card application process and related forms:  

Green Card Application Process

The general Green Card application process involves the following steps:

1. Filing an immigrant petition: Someone usually must file an immigrant petition for you (often referred to as sponsoring or petitioning for you). In some cases, you may be eligible to file for yourself.  
2. Receiving a priority date: Once USCIS approves your immigrant petition, you will receive a priority date. This date determines when a visa number becomes available for you to apply for a Green Card.  
3. Applying for a Green Card: When a visa number is available, you can file Form I-485, Application to Register Permanent Residence or Adjust Status.  
4. Undergoing an interview: You may be required to attend an interview with a USCIS officer.  

Green Card Forms

Form I-130, “Petition for Alien Relative”

• Purpose: Used by U.S. citizens or lawful permanent residents to establish their relationship with a relative who wishes to immigrate to the United States.  
• When to use it: When sponsoring a relative for a Green Card. This is one of the paths to obtaining a Green Card, known as the family-based path.
• Details required:
  • Petitioner’s information (name, date of birth, address, etc.).  
  • Beneficiary’s information (name, date of birth, address, etc.).  
  • Relationship to beneficiary (spouse, child, parent, sibling).  
  • Supporting documentation (e.g., birth certificate, marriage certificate, etc.).  

Form I-140, “Immigrant Petition for Alien Worker”

• Purpose: Used by U.S. employers to petition for a foreign national employee to obtain a Green Card based on their employment.  
• When to use it: When sponsoring an employee for a Green Card. This is another path to obtaining a Green Card, known as the employment-based path.
• Details required:
  • Petitioner’s information (name, address, etc.).  
  • Beneficiary’s information (name, date of birth, address, etc.).  
  • Job offer and employment details.  
  • Supporting documentation (e.g., labor certification, educational credentials, etc.).  

Form I-485, “Application to Register Permanent Residence or Adjust Status”

• Purpose: Used by foreign nationals who are already in the United States to apply for a Green Card.  
• When to use it: When applying for a Green Card from within the United States.
• Details required:
  • Personal information (name, date of birth, address, etc.).  
  • Application type or filing category.  
  • Supporting documentation (e.g., birth certificate, marriage certificate, financial documents, etc.).  

Form I-90, “Application to Replace Permanent Resident Card”

• Purpose: Used to replace a Green Card that has been lost, stolen, damaged, or is expiring.  
• When to use it: When needing a replacement Green Card.
• Details required:
  • Personal information (name, date of birth, address, etc.).  
  • Reason for replacement (lost, stolen, damaged, expiring).  
  • Supporting documentation (e.g., copy of old Green Card, government-issued identification).  

Other Important Immigration Documents

In addition to the forms mentioned above, there are other commonly used immigration documents that may be relevant to Green Card holders or those seeking citizenship:

• Certificate of Naturalization (Form N-550): Issued to individuals who acquire U.S. citizenship through naturalization.  
• Certificate of Citizenship (Form N-560): Issued to individuals who derive or acquire U.S. citizenship at birth or through their parents.  

It’s important to keep these documents updated and accurate. If you need to correct or update information on a Green Card, Employment Authorization Document (EAD), or naturalization certificate, you can file specific forms with USCIS.  

Additional Resources and Guides

Navigating the U.S. immigration system can be challenging. In addition to the USCIS website, there are several resources available to help you understand the process and requirements:

• USCIS Policy Manual: Provides detailed guidance on immigration policies and procedures.  
• Legal Aid Organizations: Offer free or low-cost legal assistance to immigrants.
• Immigration Law Firms: Provide specialized legal advice and representation in immigration matters.

This article provides a summary of the key forms related to F-1, H-4, and Green Card applications. It’s important to remember that using the correct forms, understanding eligibility requirements, and seeking legal assistance when needed are crucial for a successful immigration process.

It is important to emphasize the importance of accuracy and completeness when filing immigration forms. Errors or omissions can lead to delays or even denial of your application. Additionally, meeting deadlines is crucial, especially for applications like asylum (Form I-589), which must be filed within one year of arrival in the U.S.

Navigating the U.S. immigration system can be challenging, and seeking professional guidance from an immigration attorney or accredited representative is highly recommended. They can provide personalized advice, ensure your forms are completed correctly, and represent you throughout the immigration process. By understanding the purpose and requirements of each form and seeking expert assistance when needed, you can increase your chances of a successful immigration outcome.