A Prevailing Wage Determination (PWD) is a critical component of the employment-based immigration process in the U.S., particularly in cases where employers are sponsoring foreign workers for certain visa categories, such as the H-1B, H-2B, H-2A, and permanent labor certification (PERM) programs.

The prevailing wage is the minimum wage rate that must be paid to foreign workers to ensure that their employment does not adversely affect the wages and working conditions of U.S. workers in similar job positions in the same geographic area. 

The U.S. Department of Labor (DOL) is responsible for determining the prevailing wage for specific job categories and locations.

Here’s how the Prevailing Wage Determination process typically works:

• Employer’s Role: When an employer seeks to hire a foreign worker through a work visa program or permanent labor certification, they must submit a request for a prevailing wage determination to the DOL.
• Job Description: The employer provides a detailed job description, including information about the job duties, educational and experience requirements, and location of employment.
• DOL’s Determination: The DOL reviews the information provided by the employer and conducts a survey or uses wage data from reliable sources to determine the prevailing wage for the specific job in the specified geographic area. The prevailing wage is typically categorized into different skill levels, and the determination is based on the complexity of the job and the skills required.
• Employer’s Obligation: Once the DOL issues the prevailing wage determination, the employer is required to pay the foreign worker at least the prevailing wage rate for the position and location. The prevailing wage serves as a floor, meaning the employer cannot pay the worker less than this wage, but they can choose to pay more if they wish.
• Inclusion in Visa Petitions: The employer includes the prevailing wage determination in the visa petition or labor certification application filed with the U.S. Citizenship and Immigration Services (USCIS) or the DOL, depending on the specific immigration program.

The prevailing wage determination is essential to ensure that foreign workers are not hired at lower wages that would undercut U.S. workers in the same labor market. 

It’s worth noting that the prevailing wage rates can vary significantly based on the specific occupation, location, and wage level. 

How to submit the PWD (Prevailing Wage Determination)?

Submitting a Prevailing Wage Request with the U.S. Department of Labor (DOL) typically involves the following steps:

• Determine the Appropriate DOL Program:
  • Identify the specific DOL program for which you need a prevailing wage determination. The program could be related to various employment-based immigration categories or labor certifications (e.g., H-1B, H-2B, PERM, etc.).
• Create an Online Account (if required):
  • In many cases, you may need to create an online account on the DOL’s Foreign Labor Application Gateway (FLAG) system. This is the platform where you’ll submit your prevailing wage request. Make sure to provide accurate information and follow the registration instructions.
• Submit the Request:
  • Log in to the DOL’s online system (e.g., FLAG) and complete ETA Form-9141 (Application for Prevailing Wage Determination). You will typically need to provide information about the job position, such as the job title, job duties, educational and experience requirements, location, and other relevant details.
• Await Processing:
  • After you’ve submitted the request, you’ll need to wait for the DOL to process your application. Processing times can vary, so it’s important to plan ahead and submit the request well in advance of the anticipated need.
• Receive the Determination:
  • Once the DOL has reviewed your request, they will issue a prevailing wage determination, which specifies the minimum wage rate that must be paid to the foreign worker for the job position in question. This determination will be sent to you electronically or via the online system.
• Use the Determination in Your Application:
  • After receiving the prevailing wage determination, you’ll need to include it in the application for the relevant visa category or labor certification program. This could be part of the documentation submitted to U.S. Citizenship and Immigration Services (USCIS).

The first step of completing a PERM (Labor Certification) process is to file a Prevailing Wage Request (Form ETA-9141).

PERM stands for Program Electronic Review Management, and it is a crucial part of the employment-based immigration process in the U.S.

Specifically, PERM is a process that U.S. employers must go through when they want to sponsor a foreign national for a green card through employment. 

The green card allows the foreign national to live and work permanently in the U.S.

The Prevailing Wage Request (Form ETA-9141) is filed online through the U.S. Department of Labor FLAG website. 

U.S. employer must create an online FLAG account to file a Prevailing Wage Request with the National Prevailing Wage Center (NPWC).

Form ETA-9141 collects the following information:

• Information about the proposed job
• Job title
• Job duties
• Experience requirements
• Educational requirements

PWD (Prevailing Wage Determination) processing times

The average processing time of the Prevailing Wage Determination varies. You can check the FLAG website for the current Processing Times information.

What to do after PWD (Prevailing Wage Determination) is issued?

The wage reported on the Prevailing Wage Determination is the minimum wage the U.S. employer may pay to the employee either at the time they become a permanent resident (for PERM applications) or start of H-1B position.

Prevailing Wage Determinations (PWDs) are valid for a limited period of time and have expiration dates listed on them. PWDs are typically for at least 90 days from the date of the determination and valid for no more than one year.

The U.S. employer must either file the PERM application or start the recruitment process before the PWD expiration date. 

Related Links:

PERM Process (Labor Certification)

How to Apply for H-1B

Form I-140, Immigrant Petition for Alien Workers

Form ETA 9089, Application for Permanent Employment Certification

This visa category is commonly used by U.S. employers to hire foreign professionals in fields such as information technology, engineering, mathematics, science, and other specialized fields where there may be a shortage of qualified American workers.

Applying for an H-1B visa is a multi-step process that involves both the employer and the foreign worker.

In H-1B visa applications, the U.S. employer is called “Petitioner” and the foreign employee is called “Beneficiary”.

Here is an overview of the general steps involved in applying for an H-1B visa:

Step 1. Determine if the position meets the “Specialty Occupation” definition. “Specialty Occupation” is a term used to describe the type of job or position that qualifies for H-1B visa sponsorship.

Step 2. Labor Condition Application (LCA): U.S. employer must file a labor condition application (LCA), Form ETA-9035E, electronically through the DOL’s Foreign Labor Application Gateway (FLAG) system. The LCA must be certified by the U.S. Department of Labor (DOL).

Step 3. H-1B visa lottery. U.S. employer completes the online registration process with USCIS and pay a $10 non-refundable fee. The H-1B registration period typically begins on March 1 each year. Check the latest H-1B registration updates on the official USCIS website. If your registration is selected in the lottery, move to the next step.

Step 4. U.S. employer files Form I-129 application with USCIS. If the beneficiary is in the U.S. in other nonimmigrant lawful status, request change of status. If the beneficiary is abroad, request USCIS to forward the approved petition to the U.S. Embassy or Consulate in the country of the beneficiary’s residence. If Form I-129 is approved, move to the next step.

Step 5. If the beneficiary is in the U.S. and change of status is approved, USCIS will mail an approval notice with the new I-94 record confirming H-1B status. If the beneficiary is abroad, an H-1B visa will be issued by the U.S. Embassy or Consulate.

H-1B checklist of required documents

During Step 4 described above, the U.S. employer (petitioner) submits the following documents with Form I-129:

• Completed and signed Form I-129, Petition for Nonimmigrant Worker
• Form I-129 Supplement H
• Form I-129 H-1B Data Collection Supplement
• Certified LCA (Form ETA-9035 or ETA-9035E)
• Petitioner’s cover letter that describes the type of business, beneficiary’s proposed occupation and how the beneficiary meets those requirements
• Information about the petitioner (annual report, description of services or products offered, etc.)
• Beneficiary’s educational credentials (degrees, transcripts, training certificates, and letters of experience if lacking a degree)
• Foreign degree credential evaluation (if the beneficiary holds a foreign degree)
• Proof of beneficiary’s current nonimmigrant status (visa, I-94, Form I-797C) – if beneficiary is in the U.S.
• Copy of beneficiary’s passport (biographic page) – if outside the U.S.
•  $460 filing fee (Form I-129)
• $1,500 employer fee (unless exempt) for employers with 26 or more full-time employees; $750 for employers with 25 or fewer full-time employees
• $500 fraud fee (if applicable), or $4,000 fee for employer with at least 50 U.S. employees, of which more than 50 percent hold H-1B, L-1A, or L-1B status
• Form I-539 (for any dependents) and copies of dependents’ immigration documents (passports, visas, I-94s, I-797Cs, etc.)
• $370 filing fee (Form I-539), if applicable
• Optional premium processing fee of $2,500 and Form I-907 if the employer wants USCIS to adjudicate the petition within 15 calendar days

Related links:

H-1B Visas

How to Apply for H-1B

Form I-129, Petition for a Nonimmigrant Worker

Labor Condition Application (LCA)

What is Specialty Occupation in H-1B Applications

The H-1B Cap – Annual Numerical Limitations

Labor certification, often referred to as “PERM Labor Certification,” is a process required for the EB-2 employment-based immigrant visa category in the United States. 

It is a crucial step in the employment-based green card application process. 

The purpose of labor certification is to ensure that the hiring of a foreign worker will not adversely affect the job opportunities, wages, and working conditions of U.S. workers.

There are two primary exceptions to the labor certification requirement:

1. National Interest Waiver (NIW): The National Interest Waiver is an exception to the labor certification requirement for certain individuals who fall under the EB-2 visa category, which is for individuals with advanced degrees or exceptional abilities.
2. Schedule A Occupations: Certain occupations are designated as “Schedule A” by the U.S. Department of Labor (DOL). These occupations are considered in short supply in the United States, and as a result, labor certification is not required for foreign workers in these positions. 

In this guide, we will discuss in detail the Schedule A occupations.

What is “Schedule A”?

As a general rule, all EB-2 petitions must be accompanied by an approved individual labor certification.

Exceptions to the labor certification requirement are available for positions under U.S. Department of Labor’s (DOL) Schedule A, Group I and Group II occupations.

For certain occupations, DOL has predetermined that there are not sufficient U.S. workers who are able, willing, qualified, and available. 

These occupations are referred to as Schedule A occupations, and the process to satisfy the permanent labor certification requirement is waived.

DOL has predetermined (“pre-certified”) that the wages and working conditions of U.S. workers similarly employed will not be adversely affected by the employment of foreign nationals in those occupations.

Schedule A includes the following professions:

• Group I – physical therapists and professional nurses; and
• Group II – immigrants of exceptional ability in the sciences or arts, including college and university teachers, and immigrants of exceptional ability in the performing arts.

This means that a U.S. employer who wants to hire a foreign worker for a Schedule A occupation is not required to complete the labor certification.

Schedule A – Group I – physical therapists and professional nurses

Schedule A – Group I is used for certain healthcare professionals, including physical therapists and professional nurses, to make it easier for them to obtain permanent residency in the U.S. through employment.

Under Schedule A – Group I, physical therapists and professional nurses are considered Schedule A workers. This means they are not required to complete the Labor Certification to obtain employment-based green cards, such as the EB-2 or EB-3 category.

Key points to note about Schedule A – Group I for physical therapists and professional nurses:

• Labor Certification: Most employment-based visas require employers to obtain a labor certification from the U.S. Department of Labor (DOL) to demonstrate that there are no qualified U.S. workers available for the job. However, under Schedule A – Group I, the labor certification requirement is waived for physical therapists and professional nurses.
• USCIS Filing: Employers can directly file immigrant visa petitions (Form I-140) with the United States Citizenship and Immigration Services (USCIS) for physical therapists and professional nurses under Schedule A – Group I.
• Visa Priority Date: Applicants will still need to wait for their visa numbers to become available based on the Visa Bulletin published by the U.S. Department of State. The priority date is the date when the immigrant petition (Form I-140) was filed.
• Employment Offer: To qualify, physical therapists and professional nurses must have a job offer from a U.S. employer who is willing to sponsor their immigration.
• Educational and Licensing Requirements: Applicants must meet the educational and licensing requirements for their profession in the state where they intend to work.

Schedule A – Group II – immigrants of exceptional ability in the sciences or arts

Foreign nationals with exceptional abilities may qualify for immigrant visas in the sciences or arts (including performing arts) under the Schedule A – Group II.

Schedule A, Group II is an employer-sponsored classification and is unavailable to self-petitioners. It means that unlike EB-2 National Interest Waiver (NIW) an applicant must have a U.S. employer to sponsor them for permanent residency. 

The term “exceptional ability” is defined as “recognized outstanding performance well above the standard for professional competence in the occupation.”

A “science” or an “art” is defined as a field in which “colleges and universities commonly offer specialized courses leading to a degree.”

The following fields potentially qualify for Schedule A, Group II occupations:

• Certain college and university teachers
• Business
• Marketing
• Management
• Education
• Performing arts
• Other fields of knowledge which are commonly offered for study in college and university courses leading to a degree

How to qualify for Schedule A – Group II

A foreign national can qualify for an immigrant visa under Schedule A – Group II if he or she meets ALL of the following criteria: 

1. Widespread acclaim and international recognition accorded by recognized experts;
2. Documentation confirming that the foreign national’s work during the past year did, and the foreign national’s intended work will, require exceptional ability; and
3. Confirmation that the alien meets at least two of the seven regulatory criteria.

1. Widespread Acclaim and International Recognition Accorded by Recognized Experts

To meet this requirement, the applicants must submit the following evidence:

• Reference letters from recognized experts that discuss the applicant’s claim of widespread acclaim and international recognition, Ideally, reference letters will come from a diverse group of recognized experts from different countries and/or address the applicant’s record of accomplishments in more than one country. CVs of each expert must be submitted as evidence of their credentials and recognition in the field.

2. Confirmation that the Alien’s Work During the Past Year Did, and Intended Work Will, Require Exceptional Ability 

The Schedule A – Group II application must contain the following evidence:

• The applicant has at least one year of experience (example of acceptable document: a letter from an employer confirming at least one year of experience);
• The applicant’s work during the past year required exceptional ability (example of acceptable documents: reference letters from recognized experts, publications about applicant’s work or any other documents showing the exceptional nature of the applicant’s work)
• Applicant’s future work will continue to require exceptional ability (the beneficiary’s accomplishments be “in the field in which certification is sought).

3. Confirmation that the Foreign National Meets at Least Two Regulatory Criteria

Applicant must submit documentation in at least two of the following seven groups:

How to qualify for Schedule A – Group II in performing arts

To qualify for Schedule A, Group II in the field of performing arts, an applicant must submit the evidence showing the following:

1. The applicant’s work during the past year did, and the applicant’s intended work will require exceptional ability.
2. The applicant has exceptional ability by meeting one or more of the following criteria:
   • Documentation of current widespread acclaim and international recognition, and receipt of internationally recognized prizes and awards for excellence;
   • Published material by or about the applicant, such as critical reviews or articles in major newspapers, periodicals, or trade journals;
   • Evidence of earnings commensurate with the claimed level of ability;
   • Playbills and star billings;
   • Confirmation of the outstanding reputation of theaters, concert halls, night clubs, and other establishments where the applicant has appeared or is scheduled to appear;
   • Confirmation of the outstanding reputation of theaters or repertory companies, ballet troupes, orchestras, or other organizations where the applicant has performed during the past year in a leading or starring capacity.

How to apply for permanent residence under Schedule A – Group II

In EB-2 Schedule A – Group II petitions, the U.S. employer sponsoring a foreign national employee for permanent residence is called a “Petitioner”. Foreign national being sponsored is called a “Beneficiary”. In this guide we refer to the beneficiary as “Applicant”.

To apply for permanent residence under Schedule A – Group II the following steps must be taken:

Step 1. Determine if the applicant’s occupation meets the ““science or art” definition.

Step 2. Determine if the applicant meets the three-prong test (discussed above):

• Widespread acclaim and international recognition accorded by recognized experts;
• Documentation confirming that the applicant’s work during the past year did, and the applicant’s intended work will, require exceptional ability confirmation that the applicant meets at least two of the seven regulatory criteria.

Step 3. Employer obtains Prevailing Wage Determination from the U.S. Department of Labor. The applicant’s wage must be at least 100% of the prevailing wage.

Step 4. Employer posts a  notice of filing the Application for Permanent Employment Certification. This notice must be given to the bargaining unit representative (if applicable), or be published in a visible location at the place of the applicant’s employment for at least 10 consecutive business days. This notice must be published between 30 and 180 days prior to filing of Form I-140 petition. Proof of complying with the posting requirement must be submitted with the rest of Form I-140 application with USCIS.

Step 5. Determine if the applicant meets the EB-2 or EB-3 category requirements. Applying under EB-3 might be beneficial for several reasons: first, EB-3 has lower educational requirements. Second, for some applicants (depending on their country of birth or their spouse’s country of birth) the EB-3 has a shorter waiting period vs EB-2.

Step 6. Employer files signed uncertified ETA Form 9089 (2 hard copies) and Form I-140 with USCIS.

Related Links:

Form I-140, Immigrant Petition for Alien Workers

How to Apply for EB-2 NIW (National Interest Waiver) Green Card – Complete Guide

EB-1 Visa for Extraordinary Individuals

EB-2 Visa, How to Apply

EB-3 Visa, How to Apply 

Form I-864W may be filed by intending immigrants who are applying for an immigrant visa abroad or permanent residence in the U.S. and believe they qualify for an exemption from the Form I-864 affidavit of support requirement.

If you are allowed to file Form I-864W, then filing of Form I-864 (Affidavit of Support) is not required.

The foreign national applying for permanent residence is called an “Intending immigrant”.

Who can file Form I-864W?

The following individuals can file Form I-864W:

1. Intending immigrants who have earned or can receive credit for 40 quarters of coverage under the Social Security Act (SSA).
2. The intending immigrant is a child who will become a U.S. citizen upon entry to the U.S. or Adjustment of Status.
3. Widow and widowers of U.S. citizens.
4. Battered spouses or children (Violence Against Women Act, VAWA)

Where can I find Form I-864W?

Make sure you are using the most recent version of the Form I-864W which is available on the official USCIS website: Form I-864W

Form I-864W is a pdf form that the intending immigrant can fill out on a computer, print the completed form, sign and date it.

USCIS will reject any outdated, unsigned or undated forms.

When Form I-864W must be filed?

Form I-864W must be filed either with Form DS-260 when applying for immigrant visa abroad (Consular Processing) or when submitting Form I-485 in the U.S. (Adjustment of Status).

Form I-864W filing fee

There is no Form I-864W if submitting with USCIS in the U.S.

There is a $120 fee if submitting Form I-864W with the National Visa Center (if applying outside the U.S.)

Form I-864W checklist of documents

• All Social Security Act (SSA) forms necessary to establish that you have or can receive credit for 40 quarters of work under the SSA (ONLY if applicable).

How to fill out Form I-864W

Form I-864W consists of 6 parts.

For Government Use Only – leave this section blank.

To be completed by an attorney or accredited representative (if any) – this section must be filled out by your attorney or accredited representative. If you are preparing this form yourself or your preparer is not an attorney or accredited representative, leave this section blank.

Part 1. Information About You or Your Adopted Child (Intending Immigrant)

This part must be filled out by the intending immigrant, a foreign national applying for an immigrant visa (outside the U.S.) or green card (in the U.S.)

The intending immigrant is called a “Requestor” on this form, since the intending immigrant is requesting the U.S. government for Affidavit of Support (Form I-864) exemption.

Name of requestor

1.a. Family Name (Last Name) – enter the intending immigrant’s last name

1.b. Given Name (First Name) – enter the intending immigrant’s first name

1.c. Middle Name – enter the intending immigrant’s middle name (if any). If the intending immigrant does not have a middle name, leave this field blank

Mailing address

2.a. – 2.i. – provide the intending immigrant’s mailing address (in the U.S. or abroad). If the intending immigrant wants to receive the correspondence herself/himself, leave “In Care of Name” field blank. If the intending immigrant wants someone to receive the correspondence on their behalf, enter that person’s first and last name in the “In Care of Name” field.

3. Is your current mailing address the same as your physical address? – Answer “Yes” if your mailing address matches the physical address. Answer “No” if you do not reside at your mailing address.

Physical address

This section must be completed only by the intending immigrant who does not reside at the mailing address provided on this form.

4.a. – 4.h. – provide the intending immigrant’s physical address (in the U.S. or abroad).

Other Information – this section collects the intending immigrant’s information

5. Date of birth – enter the intending immigrant’s date of birth in the mm/dd/yyyy format.

6. City or Town of Birth – enter the intending immigrant’s city or town of birth.

7. State or Province of Birth (if applicable) – enter the intending immigrant’s state or province of birth. If this question does not apply to the intending immigrant, enter “Not applicable”.

8. Country of birth – enter the intending immigrant’s country of birth.

9. Alien Registration Number (A-number) (if any) – enter the intending immigrant’s A number. Learn where to find the A number. If the intending immigrant doesn’t have an A number, enter “None”.

10. USCIS Online Account Number (if any) – if the intending immigrant has ever created an USCIS Online Account Number (12-digit number), enter it in this field. If you never created an online USCIS account or do not have access to it, leave this field blank. Keep in mind that USCIS Online Account Number is not the same as an A-Number (Alien Registration Number). If you have access to your online USCIS account, you can find your online account number in “My Account” – “Profile” – Online Account Number.

USCIS online account number will be listed under “Online Account Number”:

11. U.S. Social Security Number (Required) – enter the intending immigrant’s SSN. If the intending immigrant does not have a SSN, enter “None”.

Part 2. Reason for Exemption

I am EXEMPT from filing Form I-864, Affidavit of Support Under Section 213A of the INA, because:

1.a. I have earned (or can be credited with) 40 quarters (credits) of coverage under the Social Security Act (SSA). (Attach SSA earnings statements. Do not count any quarters during which you received a means-tested public benefit). – Choose this option if the intending immigrant has earned or can be credited with 40 quarters (credits) of coverage under the Social Security Act (SSA).

1.b. I am under 18 years of age, unmarried, immigrating as the child of a U.S. citizen, and will automatically become a U.S. citizen under the Child Citizenship Act of 2000 upon my admission to the United States – choose this box if the intending immigrant is a biological or adopted child who has at least 1 U.S. citizen parent, the child is under 18 years of age, the child is residing in the U.S. in the legal and physical custody of the U.S. citizen parent after having been lawfully admitted for permanent residency.

1.c. – I am filing for an immigrant visa or adjustment of status as a self-petitioning widow(er) using Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant – choose this box if the intending immigrant is a widow/widower of a deceased U.S. citizen or special immigrant in the EB-4 category who filed Form I-360.

1.d. – I am filing for an immigrant visa or adjustment of status as a battered spouse or child using Form I-360 – choose this box if the intending immigrant is applying for permanent residence under the Violence Against Women Act (VAWA).

Part 3. Requestor’s (Intending Immigrant’s) Contract, Statement, Contact Information, Declaration, Certification, and Signature

This part must be completed, signed and dated by the intending immigrant.

Requestor’s Statement

1.a. I can read and understand English, and I have read and understand every question and instruction on this contract and my answer to every question – choose this box if the intending immigrant is fluent in English and did not use an interpreter’s services to prepare this form.

1.b. The interpreter named in Part 4. read to me every question and instruction on this contract and my answer to every question in ______________ (enter your native language, for example Spanish), a language in which I am fluent, and I understood everything – choose this box if the intending immigrant used an interpreter’s services to understand the questions on this form. Anyone can serve as an interpreter – a family member, friend, or professional interpreter. Indicate into which language the interpreter translated questions on this form.

2. At my request, the preparer named in Part 5., _______________(enter the preparer’s first and last name), prepared this request for me based only upon information I provided or authorized – choose this box if anyone helped the intending immigrant to prepare this form (it can be a family member, a friend, interpreter or immigration attorney). Enter the preparer’s first and last name. If the intending immigrant prepared the form herself/himself, leave this box unchecked.

Requestor’s Contact Information

In this section provide the phone number and email address of the intending immigrant.

3. Requestor’s Daytime Telephone Number – enter intending immigrant’s cell phone or work phone number in this field where the intending immigrant will be available at daytime hours

4. Requestor’s Mobile Telephone Number (if any) – enter intending immigrant’s cell phone number

5. Requestor’s Email Address (if any) – enter intending immigrant’s email address.

Requestor’s Signature

This section must be signed by the intending immigrant. If the intending immigrant is a child under 14 years of age, the form can be signed by the parent.

6.a. Requestor’s Signature – petitioner must sign in black ink. Do not type or stamp the intending immigrant’s name. It must be a handwritten signature.

6.b. Date of Signature (mm/dd/yyyy) – date the form in the mm/dd/yyyy format.

Unsigned or undated forms will be rejected by USCIS.

Part 4. Interpreter’s Contact Information, Certification, and Signature 

Part 4 must be completed by an interpreter who helped to translate the questions on this form. 

If you did not use a translator to complete this form, leave Part 4 blank.

If an interpreter was used to read the questions on this form, Part 4 must be completed with the information of the interpreter and the interpreter must sign and date certifying that they are:

• Fluent in English and the language used by the applicant; 
• They have completely read the application to the applicant in that language; and 
• The applicant confirmed they understood what was in the application and they verified the accuracy of the application.

Part 4 is filled out by entering the following details:

• Full legal name of the interpreter
• The name of the interpreter’s business or organization (if applicable). If the interpreter does not belong to any company or organization, enter “Not applicable”.
• Interpreter’s mailing address, daytime phone number, and email address. 

Interpreter’s Certification – The language used by the interpreter to translate the form to the petitioner is entered in the appropriate box in the certification. It should be the same language listed in Part 3.

The interpreter must sign and date the Interpreter’s Certification where indicated at Questions 7.a. and 7.b. that can be found in Part 4 of this form.

Part 5. Contact Information, Declaration, and Signature of the Person Preparing this Contract, If Other than the Requestor

Part 5 must be completed only if any person has assisted you to prepare this form (a family member, a friend, immigration attorney, any other person).

If you did not use a preparer to complete this form, leave the whole Part 5 blank.

This part is completed and signed by the preparer. 

Part 5 is completed by the preparer answering Questions 1–7:  full name, preparer’s company or organization (can enter “Not applicable” if preparer is not a part of a company or organization), mailing address, daytime telephone number, cell phone (if any), and email address (if any). 

Preparer must sign the Preparer’s Statement, declaring that they prepared the Form I-864W based on the information provided by the intending immigrant, and it is based on all the information of which the preparer has knowledge. The preparer must sign and date the Preparer’s Signature where indicated as Questions 8.a. and 8.b.

Part 6. Additional Information

You can use this if there is not enough space in any other parts of the form to provide all requested information. 

Note: Even if no information is provided in Part 6, this page should still be included with the application when submitted to USCIS or U.S. Department of State.

If additional space is required, make additional copies of this page to provide all the details requested. 

If Part 6 is being used to provide additional information, enter the intending immigrant’s name and Alien Registration Number (A-Number) (if intending immigrant has one), where indicated on each page being used. 

For each additional item of information provided, indicate the Page Number, Part Number, and Item Number to which your answer refers.

Related Links:

Violence Against Women Act (VAWA) – How to Apply

Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant

EB-4 Special Immigrants Visa

Widow/Widower Petitions

A Consular Report of Birth Abroad (CRBA), is an official document issued by a U.S. embassy or consulate to a child born abroad to U.S. citizen parent(s).

This document serves as proof of the child’s U.S. citizenship and is typically issued to children who are born outside of the United States but have at least one U.S. citizen parent.

CRBAs are issued to children who are under the age of 18 at the time of the application.

To obtain a CRBA, parents must usually visit the nearest U.S. embassy or consulate in the country where the child was born and provide documentation to establish the child’s U.S. citizenship, such as proof of the parents’ U.S. citizenship and evidence of the child’s birth. 

Once approved, the CRBA serves as an official record of the child’s U.S. citizenship and can be used to apply for a U.S. passport and other benefits and privileges associated with U.S. citizenship.

The CRBA is an important document for individuals born abroad to U.S. citizen parents, as it establishes their U.S. citizenship and provides legal recognition of their status as U.S. citizens. 

It is recommended that parents of children born abroad to U.S. citizens apply for a CRBA as soon as possible after the child’s birth to ensure that the child’s U.S. citizenship is properly documented.

How to apply for a Consular Report of Birth Abroad?

The U.S. Department of State recommends applying for CRBA as soon as possible after the child’s birth. In order to apply for a CRBA, you need to take the following steps:

Step 1. Visit the website of the nearest U.S. Embassy or Consulate in the child’s country of birth: 

A

• Afghanistan
• Albania
• Algeria
• Angola
• Argentina
• Armenia
• Australia
• Austria
• Azerbaijan

B

• Bahamas
• Bahrain
• Bangladesh
• Barbados
• Belarus
• Belgium
• Belize
• Benin
• Bermuda
• Bolivia
• Bosnia & Herzegovina
• Botswana
• Brazil
• Brunei
• Bulgaria
• Burkina Faso
• Burma
• Burundi

C

• Cabo Verde
• Cambodia
• Cameroon
• Canada
• Central African Republic
• Chad
• Chile
• China
• Colombia
• Comoros
• Costa Rica
• Côte d’Ivoire
• Croatia
• Cuba
• Curacao
• Cyprus
• Czech Republic

D

• Democratic Republic of the Congo
• Denmark
• Djibouti
• Dominican Republic

E

• Ecuador
• Egypt
• El Salvador
• Equatorial Guinea
• Eritrea
• Estonia
• Eswatini
• Ethiopia

F

• Fiji
• Finland
• France

G

• Gabon
• Georgia
• Germany
• Ghana
• Greece
• Guatemala
• Guinea
• Guinea-Bissau
• Guyana
• The Gambia

H

• Haiti
• Honduras
• Hong Kong and Macau
• Hungary

I

• Iceland
• India
• Indonesia
• Iran
• Iraq
• Ireland
• Israel
• Italy

J

• Jamaica
• Japan
• Jordan

K

• Kazakhstan
• Kenya
• Kosovo
• Kuwait
• Kyrgyz Republic

L

• Laos
• Latvia
• Lebanon
• Lesotho
• Liberia
• Libya
• Lithuania
• Luxembourg

M

• Madagascar
• Malawi
• Malaysia
• Maldives
• Mali
• Malta
• Marshall Islands
• Mauritania
• Mauritius
• Mexico
• Micronesia
• Moldova
• Mongolia
• Montenegro
• Morocco
• Mozambique

N

• Namibia
• Nepal
• Netherlands
• New Zealand
• Nicaragua
• Niger
• Nigeria
• North Macedonia
• Norway

O

• Oman

P

• Pakistan
• Palau
• Palestinian Territories
• Panama
• Papua New Guinea
• Paraguay
• Peru
• Philippines
• Poland
• Portugal

Q

• Qatar

R

• Republic of Congo
• Romania
• Russia
• Rwanda

S

• Samoa
• San Marino
• Saudi Arabia
• Senegal
• Serbia
• Seychelles
• Sierra Leone
• Singapore
• Slovakia
• Slovenia
• Somalia
• South Africa
• South Korea
• South Sudan
• Spain
• Sri Lanka
• Sudan
• Suriname
• Sweden
• Switzerland
• Syria

T

• American Institute in Taiwan
• Tajikistan
• Tanzania
• Thailand
• Timor-Leste
• Togo
• Tonga
• Trinidad & Tobago
• Tunisia
• Türkiye
• Turkmenistan

U

• Uganda
• Ukraine
• United Arab Emirates
• United Kingdom
• Uruguay
• Uzbekistan

V

• Venezuela
• Vietnam

Y

• Yemen

Z

• Zambia
• Zimbabwe

Step 2. On the U.S. Embassy website, find the section “U.S. Citizen Services”:

Under “Passports & Citizenship” click “Child and Family Matters”:

If you don’t see “U.S. Citizens Services” and can’t find the “Child and Family Matters”, you can enter “CRBA” in the search box in the upper right corner of the webpage:

Step 3. Review the embassy’s CRBA instructions and check out if the embassy/consulate accepts online CRBA applications. Make sure you have all the required CRBA documents.

Step 4. If the embassy accepts online CRBA applications, you will need to create a MyTravelGov account.

Step 5. Fill out and submit an online eCRBA application and pay the government fees. 

Step 6. Once you complete the online application and submit payment, you will then schedule the CRBA appointment at the U.S. Consulate or Embassy. Each embassy has different procedures for scheduling appointments. Refer to the U.S. Embassy/Consulate website for most up-to-date information.

Step 7. Apply for a child’s U.S. passport. You will need to prepare the following forms and documents:

• Filled out Passport Application Form DS-11 (online form filler or pdf form), on behalf of your child.  Print it on two sheets of paper leaving the reverse page blank.  Print only the actual form (pages 5 and 6), not the instructions.  Do NOT sign the form.
• Child’s photo for a U.S. passport, 2?x2? (5×5 centimeters) in size. The photograph must strictly match the U.S. Department of State requirements. 
• Clear photocopies of your child’s foreign birth certificate, and both parents’ passports’ biographical information pages.
• If only one parent will attend the appointment: the non-appearing parent must prepare Form DS-3053, sign it in front of a notary and attach a copy of the identity document presented to the notary.  Enclose the original consent with your CRBA package.
• SSN statement: All passport applications must either list a U.S. Social Security Number, or an explanation of why no SSN can be listed, e.g., if you are applying for a newborn. For a first passport download, prepare and sign the following Social Security Number declaration.  On form DS-11, item no. 5, write the word ‘NONE’.

Step 8. The U.S. Embassy/Consulate will contact you when the CRBA appointment is scheduled. Both parents and the child must be present in person at the appointment. If one of the parent will be absent, original notarized Form DS-3053 for the non-appearing parent must be present. You must bring all required original documents and their photocopies (single-sided).You must provide English translations for all foreign language documents.

Step 9. The CRBA will be issued by the embassy/consulate. Refer to their official website for further instructions on picking up the original CRBA.

Step 10. Apply for a child’s Social Security Number. Refer to the Social Security Administration instructions.

Consular Report of Birth Abroad checklist of documents

Below are the checklists of documents required for a CRBA application for each U.S. Embassy/Consulate:

A

• U.S. Embassy Kabul (Kabul, Afghanistan)
• U.S. Embassy Tirana (Tirana, Albania)
• U.S. Embassy in Algiers (Alger, Algeria)
• U.S. Embassy in Luanda (Luanda, Angola)
• U.S. Embassy in Buenos Aires (Buenos Aires, Argentina)
• U.S. Embassy in Yerevan (Yerevan, Armenia)
• U.S. Embassy in Canberra (Canberra, Australia)
• U.S. Embassy in Vienna (Vienna, Austria)
• U.S. Embassy in Baku (Baku, Azerbaijan)

B

• U.S. Embassy Nassau (Nassau, the Bahamas)
• U.S. Embassy Manama (Manama, Kingdom of Bahrain)
• U.S. Embassy in Dhaka (Dhaka, Bangladesh)
• U.S. Embassy in Bridgetown (Barbados, W.I.)
• U.S. Embassy Minsk (Minsk, Belarus)
• U.S. Embassy Brussels (Brussels, Belgium)
• U.S. Embassy in Belmopan (Belmopan, Cayo, Belize)
• U.S. Embassy Cotonou (Cotonou, Benin)
• U.S. Consulate in Hamilton (Hamilton, Bermuda)
• U.S. Embassy in La Paz (La Paz, Bolivia)
• U.S. Embassy in Sarajevo (Bosnia & Herzegovina)
• U.S. Embassy Gaborone (Gaborone, Botswana)
• U.S. Embassy in Brasilia (Brasilia, Brazil)
• U.S. Consulate in Porto Alegre (Porto Alegre, Brazil)
• U.S. Consulate General in Recife (Recife, Brazil)
• U.S. Consulate General in Rio de Janeiro (Rio de Janeiro, Brazil)
• U.S. Consulate General in Sao Paulo (Sao Paolo, Brazil)
• U.S. Embassy in Bandar Seri Begawan (Bandar Seri Begawan, Brunei Darussalam)
• U.S. Embassy in Sofia (Sofia, Bulgaria)
• U.S. Embassy in Ouagadougou (Ouagadougou, Burkina Faso)
• U.S. Embassy in Rangoon (Rangoon, Burma)
• U.S. Embassy in Bujumbura (Bujumbura, Burundi)

C

• U.S. Embassy in Praia (Praia, Cabo Verde)
• U.S. Embassy in Phnom Penh (Phnom Penh, Cambodia)
• U.S. Embassy in Yaounde (Yaounde, Cameroon)
• U.S. Embassy in Ottawa (Ottawa, Canada)
• U.S. Consulate General in Calgary (Calgary, Canada)
• U.S. Consulate General in Halifax (Halifax, Canada)
• U.S. Consulate General in Montreal (Montreal, Canada)
• U.S. Consulate General in Quebec (Quebec, Canada)
• U.S. Consulate General in Toronto (Toronto, Canada)
• U.S. Consulate General in Vancouver (Vancouver, Canada)
• U.S. Consulate in Winnipeg (Winnipeg, Canada)
• U.S. Embassy in Bangui (Bangui, Central African Republic)
• U.S. Embassy in Ndjamena (N’Djamena, Chad)
• U.S. Embassy Santiago (Santiago, Chile)
• U.S. Embassy in Beijing (Beijing, China)
• U.S. Embassy in Bogota (Bogota, Colombia)
• U.S. Virtual Embassy to Comoros (Comoros)
• U.S. Embassy in San Jose (San Jose, Costa Rica
• U.S. Embassy in Abidjan (Abidjan, Côte d’Ivoire)
• U.S. Embassy in Zagreb (Zagreb, Croatia)
• U.S. Embassy Havana (Havana, Cuba)
• U.S. Consulate General in Curacao (Curacao)
• U.S. Embassy in Nicosia (Nicosia, Cyprus)
• U.S. Embassy in Prague (Prague, Czech Republic)

D

• U.S. Embassy in Kinshasa (Kinshasa, Democratic Republic of the Congo)
• U.S. Embassy Copenhagen (Copenhagen, Denmark)
• U.S. Embassy in Djibouti (Djibouti)
• U.S. Embassy in Santo Domingo (Santo Domingo, Dominican Republic)

E

• U.S. Embassy Quito (Quito, Ecuador)
• U.S. Consulate General Guayaquil (Guayaquil, Ecuador)
• U.S. Embassy in Cairo (Cairo, Egypt)
• U.S. Consulate General in Alexandria (Alexandria, Egypt)
• U.S. Embassy in San Salvador (San Salvador, El Salvador)
• U.S. Embassy in Malabo (Malabo, Guinea Ecuatorial)
• U.S. Embassy Asmara (Asmara, Eritrea)
• U.S. Embassy in Tallinn (Tallinn, Estonia)
• U.S. Embassy Mbabane (Eswatini)
• U.S. Embassy in Addis Ababa (Addis Ababa, Ethiopia)

F

• U.S. Embassy in Suva (Suva, Fiji)
• U.S. Embassy in Finland (Helsinki, Finland)
• U.S. Embassy in Paris (Paris, France)

G

• U.S. Embassy in Libreville (Libreville, Gabon)
• U.S. Embassy Tbilisi (Tbilisi, Georgia)
• U.S. Embassy in Berlin (Berlin, Germany)
• U.S. Embassy in Accra (Accra, Ghana)
• U.S. Embassy in Athens (Athens, Greece)
• U.S. Consulate in Thessaloniki (Thessaloniki, Greece)
• U.S. Embassy in Guatemala City (Guatemala City, Guatemala)
• U.S. Embassy Conakry (Conakry, Republic of Guinea)
• U.S. Mission to Guinea-Bissau (Guinea-Bissau)
• U.S. Embassy in Georgetown (Georgetown, Guyana)
• U.S. Embassy in Banjul (Banjul, The Gambia)

H

• U.S. Embassy in Port-au-Prince (Port-au-Prince, Haiti)
• U.S. Embassy Tegucigalpa (Tegucigalpa, Honduras)
• U.S. Consulate General in Hong Kong (Hong Kong and Macau)
• U.S. Embassy in Budapest (Budapest, Hungary)

I

• U.S. Embassy in Reykjavik (Reykjavik, Iceland)
• U.S. Embassy in New Delhi (New Delhi, India)
• U.S. Consulate General in Chennai (Chennai, India)
• U.S. Consulate General in Hyderabad (Hyderabad, India)
• U.S. Consulate General in Kolkata (Kolkata, India)
• U.S. Consulate General in Mumbai (Mumbai, India)
• U.S. Embassy Jakarta (Jakarta, Indonesia)
• U.S. Consulate General Surabaya (Surabaya, Indonesia)
• U.S. Consulate Medan (Medan, Indonesia)
• U.S. Consular Agency Bali (Bali, Indonesia)
• Iran
• U.S. Embassy in Baghdad (Baghdad, Iraq)
• U.S. Embassy in Dublin (Dublin, Ireland)
• U.S. Embassy Jerusalem (Jerusalem, Israel)
• U.S. Embassy Rome (Rome, Italy)
• U.S. Consulate General Florence (Florence, Italy)
• U.S. Consulate General Milan (Milan, Italy)
• U.S. Consulate General in Naples (Naples, Italy)

J

• U.S. Embassy in Kingston (Kingston, Jamaica)
• U.S. Embassy in Tokyo (Tokyo, Japan)
• U.S. Embassy in Amman (Amman, Jordan)

K

• U.S. Embassy in Astana (Astana, Kazakhstan)
• U.S. Embassy Nairobi (Nairobi, Kenya)
• U.S. Embassy in Pristina (Pristina, Kosovo)
• U.S. Embassy Kuwait City (Kuwait City, Kuwait)
• U.S. Embassy in Bishkek (Bishkek, Kyrgyz Republic)

L

• U.S. Embassy Vientiane (Laos)
• U.S. Embassy in Riga (Riga, Latvia)
• U.S. Embassy in Beirut (Beirut, Lebanon)
• U.S. Embassy in Maseru (Maseru, Lesotho)
• U.S. Embassy in Monrovia (Monrovia, Liberia)
• U.S. Embassy in Tripoli (Libya)
• U.S. Embassy in Vilnius (Vilnius, Lithuania)
• U.S. Embassy in Luxembourg (Luxembourg)
• U.S. Virtual Mission Liechtenstein (Liechtenstein)

M

• U.S. Embassy in Antananarivo (Antananarivo, Madagascar)
• Malawi
• Malaysia
• Maldives
• Mali
• Malta
• Marshall Islands
• Mauritania
• Mauritius
• Mexico
• Micronesia
• Moldova
• Mongolia
• Montenegro
• Morocco
• Mozambique

N

• Namibia
• Nepal
• Netherlands
• New Zealand
• Nicaragua
• Niger
• Nigeria
• North Macedonia
• Norway

O

• Oman

P

• Pakistan
• Palau
• Palestinian Territories
• Panama
• Papua New Guinea
• Paraguay
• Peru
• Philippines
• Poland
• Portugal

Q

• Qatar

R

• Republic of Congo
• Romania
• Russia
• U.S. Embassy in Kigali (Kigali, Rwanda)

S

• U.S. Embassy Apia (Apia, Samoa)
• U.S. Embassy in San Marino (San Marino) – no information available
• U.S. Embassy in Riyadh (Riyadh, Saudi Arabia)
• U.S. Embassy in Dakar (Dakar, Senegal)
• U.S. Embassy in Belgrade (Belgrade, Serbia)
• U.S. Virtual Presence Post Seychelles (Seychelles)
• U.S. Embassy in Freetown (Freetown, Sierra Leone)
• U.S. Embassy Singapore (Singapore)
• U.S. Embassy Bratislava (Bratislava, Slovakia)
• U.S. Embassy in Ljubljana (Ljubljana, Slovenia)
• U.S. Embassy in Somalia (Mogadishu, Somalia)
• U.S. Embassy Pretoria (Pretoria, South Africa)
• U.S. Embassy Seoul (Seoul, South Korea)
• U.S. Embassy in Juba (Juba, South Sudan)
• U.S. Embassy in Madrid (Madrid, Spain)
• U.S. Embassy Colombo (Colombo, Sri Lanka)
• U.S. Embassy in Khartoum (Khartoum, Sudan)
• U.S. Embassy in Paramaribo (Paramaribo, Suriname)
• U.S. Embassy in Stockholm (Stockholm, Sweden)
• U.S. Embassy Bern (Bern, Switzerland)
• U.S. Embassy in Damascus (Damascus, Syria)

T

• American Institute in Taiwan (Taipei City, Taiwan)
• U.S. Embassy in Dushanbe (Dushanbe, Tajikistan)
• U.S. Embassy in Dar es Salaam (Dar es Salaam, Tanzania)
• U.S. Embassy Bangkok (Bangkok, Thailand)
• U.S. Embassy in Dili (Dili, Timor-Leste)
• U.S. Embassy in Lome (Lome, Togo)
• U.S. Embassy in Tonga (Tonga)
• U.S. Embassy in Port of Spain (Trinidad & Tobago)
• U.S. Embassy Tunis (Tunis, Tunisia)
• U.S. Embassy Ankara (Ankara, Turkey)
• U.S. Consulate General Istanbul (Istanbul, Turkey)
• U.S. Consulate Adana (Adana, Istanbul)
• U.S. Embassy Ashgabat (Ashgabat, Turkmenistan)

U

• U.S. Embassy in Kampala (Kampala, Uganda)
• U.S. Embassy in Kyiv (Kyiv, Ukraine)
• U.S. Embassy in Abu Dhabi (Abu Dhabi, United Arab Emirates)
• U.S. Embassy in London (London, United Kingdom)
• U.S. Consulate General in Belfast (Belfast, United Kingdom)
• U.S. Consulate General Edinburgh (Edinburg, United Kingdom)
• U.S. Embassy Montevideo (Montevideo, Uruguay)
• U.S. Embassy in Tashkent (Tashkent, Uzbekistan)

V

• U.S. Embassy in Caracas (Caracas, Venezuela)
• U.S. Embassy in Hanoi (Hanoi, Vietnam)

Y

• U.S. Embassy in Sana’a (Sana’a, Yemen)

Z

• U.S. Embassy in Lusaka (Lusaka, Zambia)
• U.S. Embassy in Harare (Harare, Zimbabwe)

How long does it take to obtain a Consular Report of Birth Abroad?

The CRBA processing time depends on the several factors:

• Availability of CRBA appointments at the U.S. Embassy/Consulate;
• Completeness of all required CRBA documents.

Some U.S. Embassies/Consulates allow scheduling CRBA appointments online. This online scheduling service can give you an idea how quickly you can book a CRBA appointment. In general, you can expect to complete the CRBA application process within 1-3 months. 

Does my child need a Consular Report of Birth Abroad?

Yes. If your child meets the CRBA requirements, you must apply for CRBA as soon as possible after the child’s birth. Based on an issued CRBA, you can apply for a child’s U.S. passport. The child cannot travel without a valid U.S. passport. CRBA cannot be used as a travel document.

If your child is not eligible for CRBA, you might be required to file Form I-130, Petition for Alien Relative, instead. After Form I-130 is approved, your child can apply for an immigrant visa which allows the child to enter the U.S. and subsequently apply for U.S. citizenship certificate.

In U.S. immigration law, a widow/widower petition refers to a specific type of immigration benefit that allows a widow or widower of a U.S. citizen to obtain lawful permanent resident status (a green card) based on their marital relationship.

To be eligible for a widow/widower petition, the following conditions generally need to be met:

• The petitioner (the deceased U.S. citizen spouse) must have been a U.S. citizen at the time of their death.
• The widow or widower must have been legally married to the U.S. citizen spouse at the time of the spouse’s death, and the marriage must have been bona fide (genuine) and not for immigration purposes.
• they were not legally separated at the time of the death
• The widow or widower must not have remarried before the approval of the petition or the acquisition of permanent residence.
• The widow or widower must file the Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, to establish their eligibility.
• The widow or widower must also provide evidence of the bona fide nature of the marriage, proof of the U.S. citizen spouse’s death, and evidence demonstrating that they meet all other eligibility criteria.
• Widow/widower is otherwise admissible to the U.S. as an immigrant.

Widows and widowers are considered immediate relatives which means that they are not subject to annual numerical quota restrictions and the long waiting period that exists in many of the other family preference categories. 

Widows and widowers may either apply for Adjustment of Status or choose the Consular Processing.

Their unmarried children under age 21 will be considered derivative beneficiaries and may accompany or follow to join the parent.

How to apply for a green card as a widow/widower?

To apply for permanent residence, widows and widowers file a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant with USCIS. 

If the widow/widower last entered the U.S. with a nonimmigrant visa, they are eligible to adjust status, even though the person may have overstayed the permitted time or worked illegally. 

If the applicant is physically present in the U.S. and eligible to adjust status, they may file the Form I-360 concurrently with Form I-485, Form I-765 (Employment Authorization Application) and Form I-131 (Travel Document Application). 

Widows/widowers are exempt from the Affidavit of Support (Form I-864) requirements. Widows and widowers must instead submit Form I-864W. The applicant will still have to

establish that they are not likely to become a public charge.

Applicants must list any and all unmarried children under 21 years of age on the Form I-360 so they may immigrate with or follow to join the principal beneficiary.

If the citizen spouse had filed an I-130 petition on behalf of the foreign national spouse, that petition will automatically convert to an I-360 petition upon the petitioner’s death.

This automatic conversion will occur to I-130 petitions that are pending or approved at the time of the petitioner’s death. 

Widow/Widower Filing Fees

You can expect to pay the following government filing fees when submitting your widow/widower application:

If applying in the U.S.:

• Form I-360: $435
• Form I-485 (if applying in the U.S.): $1,225/per applicant (age 14-78)
• Form I-765: $0 (if filing with or after Form I-485)
• Form I-131: $0 (if filing with or after Form I-485)
• Cost of medical exam (if applying in the U.S.): $200-$600/per applicant
• Total: $1,860-$2,260

If applying outside the U.S.:

• Form DS-260: $205/per applicant
• USCIS Immigrant Fee: $220/per applicant
• Cost of medical exam – varies
• Total: $545 + medical examination fee

Always check the official government website for the most up-to-date government fees and submission instructions:

• USCIS Form I-360
• USCIS Form I-485
• U.S. Department of State fees

Widow/Widower checklist of documents

The following immigration forms and documents must be submitted with the Form I-360 application:

• Form I-360;
• Form I-485, I-765 and I-131 (only if applicant is enter the U.S. lawfully and is eligible for Adjustment of Status);
• Form I-864W, Request for Exemption for Intending Immigrant’s Affidavit of Support;
• Proof of the deceased spouse’s citizenship at the time of the death (through either birth in the United States or naturalization). Submit at least one of the following documents:
  • U.S. birth certificate (if the deceased spouse was born in the U.S.);
  • U.S. passport (biographic page) that was valid at the time of the citizen’s death;
  • Naturalization certificate;
  • Citizenship certificate;
  • Consular Report of Birth Abroad (if U.S. citizen was born abroad)
• Proof of the deceased spouse’s death (death certificate);
• Marriage certificate;
• Proof of termination of any prior marriage of either party; and
• Proof of the relationship of any unmarried children under 21 years of age.

How long does it take to get Form I-360 approved?

According to the official USCIS website, it can take anywhere from 7.5 months to 31 months to get Form I-360 approved. See the average processing time for each USCIS service center:

• California Service Center – 7.5 months
• Nebraska Service Center – 15.5 months
• Vermont Service Center – 31 months

If an applicant is physically present in the U.S. and also filed Form I-485, it can take about 1 year to get Form I-485 approved. USCIS might issue an Employment Authorization Document (EAD) within 2-10 months if you filed Form I-765.

If an applicant is located outside the U.S. it can take anywhere between 2 months to 6 months to complete the visa application process after Form I-360 is approved.

Related Links:

Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant

Adjustment of Status Process

Consular Processing – How to Apply for Immigrant Visa

Conditional resident status refers to a temporary immigration status granted to certain individuals who have obtained a green card (lawful permanent residence) through marriage to a U.S. citizen or permanent resident or through investment in a U.S. business.

This status is known as “conditional” because it comes with certain conditions or requirements that must be met in order for the individual to eventually obtain full, unrestricted permanent resident status.

Conditional resident status is typically granted for a two-year period. During this time, the conditional resident enjoys many of the same rights and privileges as a regular permanent resident, such as the ability to work and live in the United States. However, they must meet specific conditions to remove the “conditional” aspect from their status. After the conditions are successfully removed, an immigrant will obtain a 10-year green card.

The two most common scenarios in which conditional resident status is granted are:

• Marriage-Based Conditional Resident Status: When a foreign national marries a U.S. citizen or permanent resident, they may be granted conditional resident status for two years. To remove the conditions and obtain permanent resident status without conditions, the couple must jointly file Form I-751, Petition to Remove Conditions on Residence, during the 90-day period before the two-year anniversary of obtaining conditional status. They must provide evidence that the marriage is genuine and ongoing.
• Investment-Based Conditional Resident Status: Foreign investors who invest a significant amount of capital in a new commercial enterprise that creates jobs in the United States can obtain conditional resident status through the EB-5 Immigrant Investor Program. After two years of conditional status, they must file Form I-829, Petition by Entrepreneur to Remove Conditions, to demonstrate that they have met the investment and job creation requirements.

If the conditions are successfully removed, the individual becomes a regular permanent resident and is no longer subject to the two-year limit or the specific conditions associated with conditional resident status. 

However, failure to file the required petitions or provide sufficient evidence to remove the conditions can result in the termination of the individual’s conditional resident status and potential deportation from the United States.

What is termination of conditional status?

Termination of conditional status refers to the process by which the U.S. government can end the conditional resident status of an individual.

Here are some common reasons for the termination of conditional resident status:

• Failure to Remove Conditions: If a conditional resident does not file the necessary petition to remove the conditions on their status (Form I-751 for marriage-based cases or Form I-829 for investment-based cases) or fails to provide sufficient evidence to demonstrate eligibility for the removal of conditions, their conditional status may be terminated.
• Criminal Activity: Involvement in certain criminal activities, particularly those considered deportable offenses, can lead to the termination of conditional resident status. Serious crimes, such as drug trafficking or crimes of moral turpitude, can result in deportation proceedings.
• Misrepresentation or Fraud: If it is discovered that the conditional resident obtained their status through misrepresentation or fraud, their status can be terminated. This includes providing false information or documents during the immigration process.
• Abandonment of Permanent Residence: If the individual with conditional resident status abandons their intention to live in the United States as a permanent resident, their status may be terminated. This can include prolonged periods of absence from the U.S. without proper documentation.
• Divorce or Annulment: In marriage-based cases, if the marriage ends in divorce or annulment before the conditions are removed, the conditional resident may face difficulties in removing the conditions. However, it is still possible to pursue a waiver of the joint filing requirement in such cases, but it can be more challenging.

It’s important to note that the termination of conditional resident status can have serious immigration consequences, including deportation from the United States. 

Therefore, individuals with conditional resident status must carefully adhere to the requirements and conditions associated with their status and consult with an immigration attorney if they encounter any issues or changes in their circumstances that may affect their eligibility for permanent resident status.

The process of terminating marriage-based conditional status by USCIS

USCIS may terminate conditional status at any time during the two-year period if it determines that: 

• Conditional resident entered the marriage to procure an immigrant visa
• Marriage has been annulled, dissolved, or terminated, other than through the death of a spouse; or 
• A fee or other consideration was given for filing the immigrant visa petition, other than fees to an attorney for preparing the petition.

Before terminating the conditional resident status, USCIS sends a written notice to the conditional resident notifying them of the intention to terminate the status.

Before issuing an official notice of termination, USCIS must provide the conditional resident with an opportunity to review and rebut the evidence on which it is relying.

After providing the conditional resident an opportunity to rebut the evidence, USCIS may issue a notice of termination.

When USCIS issues the notice of termination, the conditional resident immediately loses all rights and privileges of permanent residency such as employment authorization.

In most cases USCIS will issue a notice to appear (NTA), which initiates removal (deportation) proceedings, at the same time it issues the termination notice.

USCIS decision to terminate conditional resident status cannot be appealed. However, the foreign national may request the immigration judge to review the termination decision in removal proceedings before the immigration court.

After receiving the notice of termination, the conditional resident can file a joint filing waiver application (Form I-751, Petition to Remove Conditions on

Residence).

These waiver applications can be filed at any time, either before or after the two-year conditional residence period has expired. We have discussed Form I-751 waiver applications in our Form I-751 Waiver of Joint Filing Requirement guide.

If USCIS approves the waiver, the conditions will be removed and the foreign national will obtain a 10-year unrestricted green card. 

Most terminations take place after the two-year conditional period has ended.

If a conditional resident fails to timely file Form I-751 to remove the condition at the end of the two-year period, USCIS can terminate the status at that time.

In the removal proceedings, the burden of proof will be on the foreign national to establish that they have complied with the removal of condition requirements.

Even if the foreign national has satisfied the requirements for removing the

condition, USCIS can still initiate proceedings to rescind the adjustment to permanent residence and subsequent naturalization (U.S. citizenship application).

This can happen when USCIS determined that the foreign national obtained the permanent resident status through a marriage that they entered into to evade the immigration laws.

Related Links:

Conditional Resident Status

Form I-751 Waiver of Joint Filing Requirement

Form I-751 – How to Remove Conditions on Your Green Card

Form I-751 Checklist of Supporting Documents (Remove Conditions on Residence)

How to Fill Out Form I-751 – Step-By-Step Instructions

The USCIS Immigrant Fee, also known as the USCIS (U.S. Citizenship and Immigration Services) Immigrant Visa Application Processing Fee, is a mandatory fee that certain immigrants must pay before they can receive their lawful permanent resident (LPR) cards, also known as green cards (Form I-551), after being approved for immigrant visas.

Here are some key points about the USCIS Immigrant Fee:

• Amount: The current fee is $220. 
• Purpose: The fee is designed to cover the cost of processing and producing the immigrant’s green card.
• Who Pays: Individuals who are immigrating to the United States as lawful permanent residents and who receive an immigrant visa from a U.S. embassy or consulate abroad are required to pay this fee. 
• Timing: The fee is typically paid online to USCIS after the immigrant visa is issued but before the individual travels to the United States. It is an essential step in the process of becoming a lawful permanent resident.
• Payment Method: The fee must be paid online using a credit card or a U.S. bank account. It’s crucial to follow the payment instructions provided by USCIS to ensure timely processing.
• Consequences of Non-payment: Failure to pay the USCIS Immigrant Fee can result in delays in receiving the green card upon arrival in the United States. It’s essential to pay the fee as instructed to avoid such delays.

The USCIS Immigrant Fee is one of several fees associated with the U.S. immigration process. It is separate from the visa application fees paid to the U.S. Department of State for processing the immigrant visa application. 

Who needs to pay the USCIS Immigrant Fee?

You must pay the USCIS Immigrant Fee if you received the visa packet from the consulate or embassy where your immigrant visa was approved. Adjustment of Status applicants do not need to pay the USCIS Immigrant Fee, the green card production is covered by the Form I-485 filing fee.

How much is the USCIS Immigrant Fee?

The current USCIS Immigrant Fee is $220. To check the latest USCIS Immigrant Fee, visit the USCIS website.

Who is exempt from paying the USCIS Immigrant Fee?

The following individuals are are exempt from paying the USCIS Immigrant Fee:

• Children who enter the United States under either the Orphan or Hague adoption programs;
• Iraqi and Afghan special immigrants;
• Returning residents (SB-1s); and
• Individuals who are issued K visas.

How can I pay the USCIS Immigrant Fee?

To complete the USCIS Immigrant Fee payment, you will need to have the following documents available:

• Immigrant Data Summary Sheet, or
• USCIS Immigrant Fee Handout and immigrant visa.

Step-by-step instructions on paying the USCIS Immigrant Fee:

Step 1: Go to the USCIS Immigrant Fee page.

Step 2: Enter your A number. Your A number can be found on your immigrant data summary, USCIS Immigrant Fee handout, or immigrant visa in your passport. On a visa page, your A-Number is listed under “Registration Number”. A number is 8 or 9 digits long. Example: A201-768-129.

Enter your DOS Case ID. It can be found on your immigrant data summary, USCIS Immigrant Fee handout, or immigrant visa in your passport. DOS Case ID starts with 3 letters followed by 9 or 10 numbers. Example: WRW20918621341.

Step 3: Once you have entered your information, select “Next.” 

Step 4: Add additional immigrants to your payment (optional). When you are finished, select “Continue.”

Step 5: Review your payment. Provide and confirm your email address. When finished select “Proceed to Payment.”

Step 6: Select a payment method. You will be directed to Pay.gov, a payment portal managed by the U.S. Department of the Treasury. You can pay the fee with:

• valid credit card,
• debit card, or 
• electronic checking or savings (ACH) payment from a U.S. bank account. 

Choose your payment method and then select “Continue.” Any person can pay the fee (immigrant, petitioner or any other individual).

Step 7: Save the confirmation of your payment. Save a copy of the payment confirmation page for your records.

Step 8. We strongly recommend you to create an online USCIS account that will allow you to check the status of your green card online, change your mailing address and receive notifications with status updates. You will need to have the following documents available to create an online USCIS account: your passport with a stamped visa and your visa application.

Where will my green card be mailed?

After you pay the USCIS Immigrant Fee, USCIS will produce your green card and mail it to the U.S. address you indicated on your Form DS-260 online application. If your mailing address changes, you will need to change your mailing address online in your USCIS online account (recommended option). If you do not have an USCIS online account, you can also change the address on the USCIS website.

How long will it take to receive my green card?

According to official USCIS information, it can take up to 90 days to receive your green card after paying the USCIS Immigrant Fee or entering the U.S. (whichever date is later). If more than 90 days passed and you haven’t received your green card, you can submit an online inquiry with USCIS.

The Affidavit of Support is a required document for certain family-based and employment-based immigrants to demonstrate that they have a sponsor who can financially support them in the U.S., thereby ensuring that they will not become a “public charge”.

In this guide, we will discuss the Form I-864-EZ – who is eligible to file this form, checklist of required documents and how to fill the form out.

The regular Form I-864, Affidavit of Support, is discussed in more detail in our guide.

Sponsors (U.S. citizens and permanent residents) petitioning a family member for permanent residence are called “Petitioners”. Foreign nationals being sponsored for immigrant visa or green card are called “Beneficiaries” or “Intending Immigrants”.

Who can file Form I-864-EZ?

Form I-864-EZ can be used by U.S. citizens or lawful permanent residents (green card holders) who meet the following requirements:

• Sponsor is petitioning for only one family member;
• Is employed (not self-employed). It means that you have a W-2 form issued by your employer for the most recent year
• Will satisfy the financial requirements with income (not assets). It means that the sponsor’s current income is above the 125% of the USCIS Poverty Guidelines or above 100% if sponsor is on active duty in the U.S. Armed Forces and sponsoring a spouse or unmarried child under 21)
• Using only their individual income (not using other household members’ or joint sponsors’ income)

All other sponsors must use the regular Form I-864, Affidavit of Support.

Note: sponsors who meet the I-864-EZ form requirements are allowed to use the regular Form I-864 to submit their Affidavit of Support.

Form I-864EZ does not have to be signed in front of a notary. The sponsor signs the form in ink, dates it and swears under penalty of perjury that the information provided is correct. Typed names and electronic signatures on Form I-864EZ are not accepted.

Which version of Form I-864EZ can I use?

As with all USCIS (U.S. Citizenship and Immigration Services) immigration forms, you must always use the most current version of Form I-864EZ. It can be downloaded from the USCIS official website. Failure to use the most current version of Form I-864EZ might result in application rejection which will significantly delay the intending immigrant’s processing time.

Form I-864EZ checklist

Form I-864EZ must be accompanied by supporting documents demonstrating the sponsor is financially able to support the applicant. 

Form I-864EZ checklist of required documents:

• If the sponsor is a U.S. citizen, proof of U.S. citizenship. At least one of the following documents:
  • U.S. birth certificate (if born in the U.S.);
  • Unexpired biographic page of U.S. passport;
  • Naturalization certificate;
  • Citizenship certificate, OR
  • Consulate Report of Birth Abroad (only if the sponsor was born abroad and obtained a Consulate Report of Birth Abroad, or CRBA)
• If the sponsor is a permanent resident:
  • Front and back of green card
• For all sponsors:
  • Federal tax return (all pages) for the most recent year or IRS tax transcript. Do not submit the state income tax returns
  • W-2 form(s) for the most recent year
  • Current employment verification letter (optional but recommended)
• ONLY if the sponsor is residing abroad and the beneficiary is applying for an immigrant visa at the U.S. Embassy or Consulate (if requested by the National Visa Center, NVC):
  • Proof of U.S. domicile:
    • a voting record in the United States (local, State, or Federal elections)
    • records of paying U.S. state or local taxes, having property in the United States
    • maintaining bank or investment accounts in the United States
    • having a permanent mailing address in the United States
    • other proof such as evidence that the sponsor is a student studying abroad or that a foreign government has authorized a temporary stay
    • transferring funds to the United States
    • making investments in the United States, seeking employment in the United States
    • securing a residence in the United States
    • A written statement signed by the sponsor stating that the sponsor intends to establish a domicile in the U.S. no later than the intending immigrant’s visa is issued

When am I required to submit Form I-864Z?

If the intending immigrant (beneficiary) is physically present in the U.S. and will be applying for Adjustment of Status, Form I-864Z and supporting documentation must be submitted together with the Form I-485, I-485, Application to Register Permanent Residence or Adjust Status. Failure to submit an Affidavit of Support (Form I-864Z) with Form I-485 might result in application denial. 

If the intending immigrant (beneficiary) is outside the U.S. and will be applying for an immigrant visa at the U.S. Embassy or Consulate in their home country, Form I-864EZ must be submitted together with Form DS-260. Form DS-260 can be completed only after Form I-130 is approved. The National Visa Center (NVC) will email and/or mail the instructions on logging into the DS-260 online form after Form I-130 is approved. 

How to fill out Form I-864EZ?

General instructions on filling out the Form I-864EZ:

• Type or print legibly in black ink.
• All dates must be entered in the mm/dd/yyyy format. You may provide approximate dates if you do not know the exact date. Do not leave a date response blank.
• If you need extra space to complete any item in the Form I-864, go to Part 11, Additional Information. Indicate the Page Number, Part Number, and Item Number to which your answer refers.
• Answer all questions fully and accurately. USCIS instructions advise that if an item is not applicable or the answer is “none,” to type or print “N/A” 
• Sign and date the form

Form I-864EZ consists of 9 parts.

For Government Use Only – leave this section blank.

To be completed by an attorney or accredited representative (if any) – this section must be filled out by your attorney or accredited representative. If you are preparing this form yourself or your preparer is not an attorney or accredited representative, leave this section blank.

Part 1. Qualifying to Use Form I-864EZ – this section must be completed by the petitioner. Petitioner is a U.S. citizen or green card holder sponsoring their family member (spouse, child, parent, sibling) for permanent residency using Form I-130.

1.a. I am the petitioner of the family member sponsored on this affidavit:

• Answer “Yes” if you are sponsoring one family member only and you have filed or will be filing Form I-130 to petition this family member for permanent residency (either in the U.S. or abroad)
• Answer “No” if you are sponsoring more than one family member and you did not file or will not be filing Form I-130 to sponsor the family members for permanent residency. In this case, you must use the regular Form I-864

1.b. I am using my own earned or retirement income, which is documented using Internal Revenue Service (IRS) Form W-2:

• Answer “Yes” if you will be using your own individual income and you receive Form W-2 from your employer or retirement plan.
• Answer “No” if you are self-employed, or receive 1099 form(s) for work you perform as independent contractor or dividends income. You cannot use Form I-864EZ if you will be using your assets, someone else’s income (a household member’s or joint sponsor’s income). If you answered “No”, you must use the regular version of Form I-864

Part 2. Information About the Immigrant You Are Sponsoring (Intending Immigrant) – in this section, provide information about the beneficiary, a person being sponsored for permanent residence

Name of Immigrant

1.a. Family Name (Last Name) – enter the beneficiary’s last name

1.b. Given Name (First Name) – enter the beneficiary’s first name

1.c. Middle Name – enter the beneficiary’s middle name (if any). If the beneficiary does not have a middle name, leave this field blank

Mailing address 

2.a. – 2.i. – provide the beneficiary’s mailing address (in the U.S. or abroad). If the beneficiary wants to receive the correspondence herself/himself, leave “In Care of Name” field blank. If the beneficiary wants someone to receive the correspondence on their behalf, enter that person’s first and last name in the “In Care of Name” field.

Other Information

3. Daytime Telephone Number – enter the beneficiary’s daytime phone number (it can be a cell phone number) in the U.S. or abroad. If you need more space to provide the beneficiary’s foreign phone number, you can enter it on the last page of the Form (Part 9. Additional Information). Indicate the Page Number, Part Number, and Item Number to which your answer refers.

4. Date of Birth (mm/dd/yyyy) – enter the beneficiary’s date of birth in the mm/dd/yyyy format.

5. Alien Registration Number (A-number) (if any) – enter the beneficiary’s A number. Learn where to find the A number. If the intending immigrant doesn’t have an A number, enter “None”.

6. USCIS Online Account Number (if any) – if the beneficiary has ever created an USCIS Online Account Number, enter it in this field. If you never created an online USCIS account or do not have access to it, leave this field blank. Keep in mind that USCIS Online Account Number is not the same as an A-Number (Alien Registration Number).

7. U.S. Social Security Number (if any) – enter the beneficiary’s SSN (Social Security Number). Intending immigrants who have never been in the US, do not have SSNs. If the intending immigrant does not have a SSN, enter “None”.

Part 3. Information About You (Sponsor) – provide the petitioner’s information in this section

1.a. Family Name (Last Name) – enter the petitioner’s last name

1.b. Given Name (First Name) – enter the petitioner’s first name

1.c. Middle Name – enter the petitioner’s middle name (if any). If the beneficiary does not have a middle name, leave this field blank

Mailing address 

2.a. – 2.i. – provide the petitioner’s mailing address (in the U.S. or abroad). If the petitioner wants to receive the correspondence herself/himself, leave “In Care of Name” field blank. If the petitioner wants someone to receive the correspondence on their behalf, enter that person’s first and last name in the “In Care of Name” field.

3. Is your current mailing address the same as your physical address? – Answer “Yes” if you listed your physical address as mailing address in the previous question. If your mailing address is different from your physical address answer “No”.

Physical address – this section must be filled out by the petitioner only if the petitioner’s mailing address and physical address are different. If the petitioner’s mailing address is the same as his/her physical address, leave this section blank.

4.a. – 4.h. – provide the petitioner’s physical address (in the U.S. or abroad).

Other Information – this section collects the petitioner’s information

5. Country of domicile – enter the country where the petitioner maintains his/her principal residence and where the petitioner plans to reside for the foreseeable future. If the petitioner enters “U.S.”, no additional information is required. If the petitioner enters any other foreign country, then proof of U.S. domicile must be provided with Form I-864EZ.

6. Date of birth – enter the petitioner’s date of birth in the mm/dd/yyyy format.

7. City or Town of Birth – enter the petitioner’s city or town of birth.

8. State or Province of Birth (if applicable) – enter the petitioner’s state or province of birth. If this question does not apply to the petitioner, enter “Not applicable”.

9. Country of birth – enter the petitioner’s country of birth.

10. U.S. Social Security Number (Required) – enter the petitioner’s SSN. This is a required field. Petitioner filing Form I-864EZ must submit a federal tax return (or IRS tax transcript) and Form W-2 for the most recent year.

11. USCIS Online Account Number (if any) – if the petitioner has ever created an USCIS Online Account Number (12-digit number), enter it in this field. If you never created an online USCIS account or do not have access to it, leave this field blank. Keep in mind that USCIS Online Account Number is not the same as an A-Number (Alien Registration Number). If you have access to your online USCIS account, you can find your online account number in “My Account” – “Profile” – Online Account Number.

Citizenship or Nationality – this section collects information about the petitioner

12. I am a U.S. citizen – choose this box if the petitioner was born in the U.S., naturalized, obtained citizenship through parents or was born abroad and obtained a Consular Report of Birth Abroad.

13.a. I am a lawful permanent resident – choose this box if the petitioner is a green card holder.

13.b. My alien registration number is – U.S. citizens born in the U.S. or those who obtained citizenship through Consular Report of Birth Abroad do not have Alien Registration Numbers. They must leave this section blank. Permanent residents, naturalized U.S. citizens, those who applied for Certificate of Citizenship do have Alien Registration Numbers issued. This number can be found on the green card, certificate of naturalization, or certificate of citizenship. Alien Registration Number (A Number) – Where to Find it?

Military Service – this question must be answered by the petitioner

15. I am currently on active duty in the United States Armed Forces or U.S. Coast Guard – answer “Yes” if the petitioner is on active duty in the U.S. military. Answer “No” if you the petitioner is not on active duty in the U.S. military.

Part 4. Information About Your Household Size – this section gathers information about the petitioner’s household size. This guide provides more information about counting the household size for purposes of Form I-864 and I-864WZ. 

Note: Do not count any household member more than once

1.a. Yourself and the person you are sponsoring on this Form I-864EZ – the default number is set to 2. Do not change it.

1.b. Your spouse – enter “1” if you are married. If you are sponsoring your spouse on this form, enter “0” as you cannot count the same household member more than once. Enter “0” even if your spouse is located outside the U.S. and not residing with you.

1.c. Your dependent children under 21 years of age – list the total number of all the petitioner’s children under 21 years of age (living with petitioner or separately, in the U.S. or abroad).

1.d. If you have sponsored any other persons on a Form I-864 who are now lawful permanent residents in the United States, enter the number here – enter the total number of other immigrants you have sponsored in the past using Form I-864 or I-864EZ (as a main sponsor, joint sponsor, or substitute sponsor).

1.e. If you have any other dependents listed on your most recent Federal income tax return, enter the number here – if petitioner listed dependents on the Federal income tax return for the most recent year, enter the total number of dependents claimed.

1.f. Add together Item Numbers 1.a. – 1.e. and enter the number here. This is your HOUSEHOLD SIZE for the purpose of this Form I-864EZ – if you are filling out this form on the computer, the pdf form will calculate the total household size number automatically. Otherwise, manually enter the total number of all persons listed in this part.

Part 5. Information About Your Employment and Income – this section is completed by the petitioner

I am currently:

• Employed (Complete Item Numbers 2.a. – 2.c.) – choose this box if you are employed by a company and receive a W-2 wages statement
• Retired (Complete Item Numbers 3.a. – 3.b.) – choose this box if you are retired.

Note: if the petitioner is self-employed or works as an independent contractor and receives 1099 forms, or relies on household member’s or joint sponsor’s income, petitioner must instead use the Form I-864.

2.a. Current occupation – if petitioner is employed, enter the petitioner’s occupation in this field (for example, registered nurse, software engineer, sales representative, etc.) Leave this field blank if the petitioner is retired.

2.b. Name of Employer 1 – if the petitioner is employed, enter the petitioner’s employer name (company or organization). For example, Cisco Inc., Montefiore Hospital Center, etc. Leave this field blank if the petitioner is retired.

2.c. Name of Employer 2 (if applicable) – fill out this field only if the petitioner has more than one employer. If the petitioner has only one employer or retired, leave this blank.

3.a. Name of Former Employer – if the petitioner is retired, enter the petitioner’s previous employer name (company or organization). Leave this blank if the petitioner is employed.

3.b. Date of retirement (mm/dd/yyyy) – if the petitioner is retired, enter the retirement date in the mm/dd/yyyy format. Leave blank if the petitioner is employed.

4. My current individual annual income $ – enter the petitioner CURRENT individual yearly income. If the petitioner’s income changed compared to the last year, enter the current year’s expected yearly income in $_______/year format.

Federal Income Tax Information – this section gathers the petitioner’s federal income tax information for the last 3 years.

5.a. Have you filed a Federal income tax return for each of the three most recent tax years? – Answer “Yes” if the petitioner has filed federal income tax returns for the last three years. Answer “No” if the petitioner did not file the federal income tax returns for the previous three years. 

Note: if the petitioner (U.S. citizen or permanent resident) is residing abroad, they are still required to file the federal income tax returns. If the petitioner did not file the federal income tax return for the most recent year, a written statement explaining the reasons for non-filing of the most recent year’s federal income tax return must be provided.

5.b. (Optional) I have attached photocopies or transcripts of my Federal income tax returns for my second and third most recent tax years – Submitting the federal income tax returns for the second and third most recent tax years is OPTIONAL and must be chosen only by petitioners who believe that the additional tax returns will help them meet the minimum income requirements. Petitioners are only required to submit the federal income tax return for the most recent year. If the petitioner wants to provide tax returns for the last 3 years, choose this box. Otherwise, leave this box unchecked.

My total income (adjusted gross income on IRS Form 1040EZ) as reported on my Federal income tax returns for the most recent three years was:

6.a. Most Recent – enter the tax year and the total income listed on your previous year’s federal tax return. Mandatory for all petitioners. You can find the “total income” line on the 1st page of petitioner’s federal income tax Form 1040, Line 9, “This is your total income”. IRS 1040EZ was discontinued from 2018.

6.b. 2nd Most Recent – enter the tax year and the total amount listed on the petitioner’s federal income tax return for the second most recent tax year. This field is optional and must be filled out ONLY by the petitioners who decided to submit all tax returns for the last 3 years. 

6.c. 3rd Most Recent – enter the tax year and the total amount listed on the petitioner’s federal income tax return for the third most recent tax year. This field is optional and must be filled out ONLY by the petitioners who decided to submit all tax returns for the last 3 years. 

Part 6. Sponsor’s Contract, Statement, Contact Information, Declaration, Certification, and Signature – this part must be completed by the petitioner.

Sponsor’s statement

1.a. I can read and understand English, and I have read and understand every question and instruction on this contract and my answer to every question – choose this box if the petitioner is fluent in English and did not use an interpreter’s services to prepare this form.

1.b. The interpreter named in Part 7. read to me every question and instruction on this contract and my answer to every question in ______________ (enter your native language, for example Spanish), a language in which I am fluent, and I understood everything – choose this box if the petitioner used an interpreter’s services to understand the questions on this form. Anyone can serve as an interpreter – a family member, friend, or professional interpreter. Indicate into which language the interpreter translated questions on this form.

2. At my request, the preparer named in Part 8., _______________(enter the preparer’s first and last name), prepared this contract for me based only upon information I provided or authorized – choose this box if anyone helped the petitioner to prepare this form (it can be a family member, a friend, interpreter or immigration attorney). Enter the preparer’s first and last name. If the petitioner prepared the form herself/himself, leave this box unchecked.

Sponsor’s Contact Information

In this section provide the phone number and email address of the petitioner who is filing Form I-864EZ for the intending immigrant.

3. Sponsor’s Daytime Telephone Number – enter petitioner’s cell phone or work phone number in this field where the petitioner will be available at daytime hours
4. Sponsor’s Mobile Telephone Number (if any) – enter petitioner’s cell phone number
5. Sponsor’s Email Address (if any) – enter petitioner’s email address.

Sponsor’s Signature

This section must be signed by the petitioner (sponsor) who is filing Form I-864EZ for the intending immigrant.

6.a. Sponsor’s Signature – petitioner must sign in black ink. Do not type or stamp the petitioner’s name. It must be a handwritten signature.

6.b. Date of Signature (mm/dd/yyyy) – date the form in the mm/dd/yyyy format.

Unsigned or undated forms will be rejected by USCIS.

Part 7. Interpreter’s Contact Information, Certification, and Signature 

Part 7 must be completed by an interpreter who helped to translate the questions on this form. 

If you did not use a translator to complete this form, leave Part 7 blank.

If an interpreter was used to read the questions on this form, Part 7 must be completed with the information of the interpreter and the interpreter must sign and date certifying that they are:

• Fluent in English and the language used by the applicant; 
• They have completely read the application to the applicant in that language; and 
• The applicant confirmed they understood what was in the application and they verified the accuracy of the application.

Part 7 is filled out by entering the following details:

• Full legal name of the interpreter
• The name of the interpreter’s business or organization (if applicable). If the interpreter does not belong to any company or organization, enter “Not applicable”.
• Interpreter’s mailing address, daytime phone number, and email address. 

Interpreter’s Certification – The language used by the interpreter to translate the form to the petitioner is entered in the appropriate box in the certification. It should be the same language listed in Part 6.

The interpreter must sign and date the Interpreter’s Certification where indicated at Questions 7.a. and 7.b. that can be found in Part 7 of this form.

Part 8. Contact Information, Declaration, and Signature of the Person Preparing this Contract, If Other than the Sponsor or Household Member

Part 8 must be completed only if any person has assisted you to prepare this form (a friend, immigration attorney, any other person).

If you did not use a preparer to complete this form, leave the whole Part 8 blank.

This part is completed and signed by the preparer. 

Part 8 is completed by the preparer answering Questions 1–7:  full name, preparer’s company or organization (can enter “Not applicable” if preparer is not a part of a company or organization), mailing address, daytime telephone number, cell phone (if any), and email address (if any). 

Preparer must sign the Preparer’s Statement, declaring that they prepared the Form I-864EZ based on the information provided by the petitioner, and it is based on all the information of which the preparer has knowledge. The preparer must sign and date the Preparer’s Declaration where indicated as Questions 8.a. and 8.b.

Part 9. Additional Information

You can use this if there is not enough space in any other parts of the form to provide all requested information. 

Note: Even if no information is provided in Part 9, this page should still be included with the application when submitted to USCIS. 

If additional space is required, make additional copies of this page to provide all the details requested. 

If Part 8 is being used to provide additional information, enter the intending immigrant’s name and Alien Registration Number (A-Number) (if intending immigrant has one), where indicated on each page being used. 

For each additional item of information provided, indicate the Page Number, Part Number, and Item Number to which your answer refers.

Related Links:

How to Count Household Size for I-864 (Affidavit of Support)

What is a Joint Sponsor – Affidavit of Support (Form I-864)

Affidavit of Support Checklist – Form I-864

How to Fill Out Affidavit of Support – Form I-864

Affidavit of Support, Form I-864

Form I-864A, Contract Between Sponsor and Household Member

How to fill out Form I-864A, Contract Between Sponsor and Household Member

How CSPA affects children of U.S. citizens

The children of U.S. citizens can preserve their “immediate relative” status when their parents filed the I-130 petition. If they were immediate relatives (unmarried children under 21) on that date, they will still be considered immediate relatives even if they turn 21 before they obtain permanent residency.

In other words, as long as the U.S. citizen parent filed Form I-130 petition before the unmarried child turned 21, children will never “age out.” 

However, if the child will marry before obtaining permanent residency, the child will convert to the third-preference category (F3) and will become subject to longer waiting time. 

For example, at the time of writing this guide, the waiting period in the F3 category (married sons and daughters of U.S. citizens) was 14 years and longer. You can check the current U.S. Visa Bulletin waiting time for the F3 category here.

The married children of U.S. citizens can also benefit from the CSPA provisions. 

If they divorce before turning 21, they convert to immediate relative status. This means that the visa number is readily available for them and they can apply for Adjustment of Status or Consular Processing immediately. Divorced children will preserve that status even if they turn 21 before immigrating. The date of the child’s marriage termination that controls the status. On the other hand, if they divorce after turning 21, the CSPA does not affect their status – they would still convert to the first-preference category (F1 – unmarried sons and daughters of US citizens over 21).

How CSPA affects children of green card holders and derivatives

If a permanent resident parent naturalizes, then their unmarried child under 21 will move to the “Immediate Relative” category. A naturalized permanent resident parent will need to file a separate Form I-130 to preserve the child’s new immediate relative status. Filing Form I-130 will ensure that the child will never “age out” even if the child will obtain permanent residency after the child’s 21th birthday. A child becoming an “immediate relative” means that the visa number is always available and there’s no need to wait until the priority date becomes current. Keep in mind that if the naturalized permanent resident’s child will marry, the child will move to the F3 category which has a long waiting line.

Under the CSPA, the child’s age will be reduced by the period of time the I-130 petition was pending for the following beneficiaries:

• Unmarried children under 21 of permanent residents (F2A category). Such children can preserve their F2A status only of they apply for permanent residency or immigrant visa within 1 year of visa availability.
• Derivative children in the family preference categories (F1, F3, F4).

To better understand this rule, let’s review some examples. 

• Unmarried children under 21 of permanent residents (F2A category). A permanent resident Anna files a Form I-130 for her unmarried daughter Ileen who was 20 years old at the time of filing. It took USCIS 12 months to approve Anna’s Form I-130 petition. Priority date for category F2A is current and Ileen is eligible to apply for an immigrant visa. However, Ileen is already 21 years old at the time of Form I-130 approval and she converted to F2B category (unmarried children of permanent residents over 21 years of age). Despite Ileen turning 21, the Child Status Protection Act (CSPA) allows subtraction of the period of time that Form I-130 was pending. In Ileen’s case, I-130 was processed by USCIS for 12 months. So, under CSPA Ileen is allowed to subtract 12 months from her current biological age to determine her immigration category. At the time Form I-130 is approved and Ileen is eligible to apply for an immigrant visa, she is technically 20 years old and is allowed to keep her F2A category. Ileen must apply for Adjustment of Status (if in the US) or Consular Processing (if abroad) to stay in the F2A category. Keep in mind that if Ileen gets married before obtaining permanent residency, she will lose her F2A eligibility status.
• Derivative children in the family preference categories (F1, F3, F4). The same age-adjusting rule applies to derivative children – look at the date the Form I-130 is approved or the priority date becomes current if that is later. If the derivative beneficiary is under 21 when subtracting the time Form I-130 was pending, then they can keep their derivative status despite turning 21. For example, a U.S. citizen Peter filed Form I-130 to sponsor his married son Jacob, his married son’s wife Teresa and married son’s daughter Ashley. Ashley is a derivative beneficiary of the petition filed by her grandfather Peter. The F3 category for married sons and daughters of US citizens has a long waiting period before their priority dates become current. For example, as of writing this guide, the waiting period for F3 applicants is 14 years, 25 years for applicants born in Mexico and 21 years for applicants born in the Philippines. When Ashley turns 21, she will lose her derivative status and can immigrate to the US only if one of her parents immigrates to the US first and then separately files Form I-130 for her. But under the CSPA provisions, Ashley can subtract the amount of time Form I-130 was pending from her biological age on the date F3 category becomes current. This age is called “adjusted age”. If Ashley’s adjusted age is under 21 at the time F3 category becomes current, then Ashley can preserve her derivative status and MUST apply either for Adjustment of Status (if physically present in the US) or immigrant visa with the National Visa Center (if abroad). Failure to apply for immigrant status within 1 year since F3 category becomes current will lead to Ashley losing her derivative status preserved by the CSPA.

Relief for F-2B beneficiaries when the petitioner naturalizes

If a permanent resident parent who filed Form I-130 for their unmarried child over 21 years old  (F2B category) naturalizes and becomes a US citizen, the child can choose if they want to convert to the F1 category (unmarried sons and daughters of US citizens over 21 years) or stay in the F2B category. 

A child in these circumstances would choose to stay in the F2B category because the waiting line in the F1 category is typically longer than in the F2B category.

• For example, at the time of writing this guide, the waiting line in the F1 category was 9 years and 8 years in the F2B category. 

The decision must be made on the basis of the most current Visa Bulletin. Since the Visa Bulletin gets updated every month, you need to carefully review the bulletin and decide which category you want to choose.

If you decide to stay in the F2B category, you must inform the appropriate agency in the written form:

1. If you are in the U.S. and want to apply for Adjustment of Status, file a written request with your local USCIS district office that has jurisdiction over your physical residence. You can find the appropriate USCIS district office by entering your ZIP code here (scroll down to the bottom of the page, “Field Office Locator” search). In your written request, provide the petitioner’s name and date of birth, beneficiary’s name and date of birth, Form I-130 receipt number.
2. If you are outside the U.S. and want to apply for Consular Processing, submit an online request with the National Visa Center (NVC) here.
3. If the case is already at the U.S. Embassy or Consulate – ask the embassy or consulate to submit a request on your behalf.

Related Links:

How to Read the Visa Bulletin for Family-Based Immigrants

Family-Based Immigration: Immediate Relatives and the Preference System

Unmarried Sons and Daughters of U.S. Citizens (F1) Visa

Spouses and Children of Green Card Holders (F2A)

Unmarried Sons and Daughters of Green Card Holders (F2B)

Married Sons and Daughters of U.S. Citizens (F3)

Brothers and Sisters of Adult U.S. Citizens (F4)