Frequently Asked Questions

An immigrant visa is for people who intend to live in the United States permanently and normally leads to lawful permanent resident status, commonly known as a green card. A non-immigrant visa is for a temporary, specific purpose such as tourism, study, or work, and the person is expected to leave the United States when that temporary purpose ends. Some non-immigrant categories, like H‑1B, permit dual intent, meaning you can be in temporary status while also lawfully pursuing a green card. Buhler Thomas Law assists clients throughout Utah with both immigrant and non-immigrant visa applications in Salt Lake City and beyond.

Buhler Thomas Law focuses on employment-based and family-based immigration, handling a broad range of visa categories including H-1B specialty occupation visas, other non-immigrant work visas ( O-1, TN, E-3, H-1B1,

Q), employment-based green cards, family-based visas (including spouse and marriage visas and fiancé(e) visas), visitor and tourist visas, and citizenship and naturalization. The firm does not handle E1/E2, L1A/B, EB1A, EB1C, asylum, removal defense, or criminal immigration matters. Contact our immigration attorneys in Utah to confirm whether your situation falls within the firm’s practice areas.

Consular processing means you complete the final steps of your immigrant visa or green card case at a U.S. embassy or consulate outside the United States, attend a visa interview there, and then travel to the U.S. after the visa is issued. Adjustment of status is a process used inside the United States that allows eligible applicants to apply for a green card without leaving the country; the choice between these options depends on where you are currently living, what status you hold (if any), your travel plans, and whether you meet the legal requirements to adjust in the U.S., so an attorney can help you determine which path is safest and most efficient in your specific situation.

In many situations you can include your spouse and unmarried children under 21 as “derivative” family members on your visa or green card case, so they can obtain status through your application instead of filing separate petitions. Whether this is possible depends on the type of visa or immigrant category you are using, your family relationships, and the timing of when marriages or births occurred, so it is important to discuss your family structure with an attorney to make sure no one is accidentally left out.

The Visa Waiver Program (VWP) allows citizens of certain designated countries to travel to the United States for tourism or business for up to 90 days without obtaining a traditional visa. Instead of applying for a visa at a U.S. consulate, eligible travelers complete an ESTA (Electronic System for Travel Authorization) application online before departing for the U.S.

Current VWP countries include Andorra, Australia, Austria, Belgium, Brunei, Chile, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Israel, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, San Marino, Singapore, Slovakia, Slovenia, South Korea, Spain, Sweden, Switzerland, Taiwan, and the United Kingdom. As a general rule, individuals who enter under the Visa Waiver Program cannot extend their stay, change to another non-immigrant status, or adjust status inside the United States, with only narrow exceptions (for example, certain immediate relatives of U.S. citizens). If you are unsure whether you qualify or what options are available to you after arrival, the team at Buhler Thomas Law can help you understand your path forward.

If you want to come to the United States for tourism or to visit family or friends, you will usually apply for a B‑2 visitor visa. If you are from a Visa Waiver Program country and meet the requirements, you may instead travel using ESTA for visits of up to 90 days; otherwise, you apply for a B‑2 visa at a U.S. consulate and, if admitted, can typically stay up to six months. In both options, you cannot work or attend school while in the U.S. as a visitor.If you are interested in transitioning to a status that allows work or study, speak with an immigration attorney in Utah before your trip to understand your options. Buhler Thomas Law represents individuals and families navigating a wide range of visitor and tourist visa matters.

If you are traveling to the United States for short‑term business purposes, you may be eligible for a B‑1 business visitor visa. Permitted activities generally include attending business meetings, negotiating contracts, consulting with business associates, and participating in professional conferences or conventions. You must show that you have a specific, limited business purpose, strong ties to your home country, and that you will not be paid a salary or wage from a U.S. source. If you will be working in the U.S. in a way that requires ongoing employment authorization or longer‑term presence, a different non-immigrant work visa may be more appropriate. Buhler Thomas Law can help you determine which visa category fits your situation and advise employers on what documentation employees should carry when traveling on a B-1.

In many situations you can change from one visa status to another without leaving the United States, but only if you are still in valid status, have followed the terms of your current visa, and the new category allows a change from inside the U.S. Some statuses have important restrictions: for example, people who entered through the Visa Waiver Program generally cannot change to another non-immigrant status from within the United States and may need to depart and apply for a new visa at a consulate, so it is important to get case specific legal advice before filing.The immigration attorneys at Buhler Thomas Law can advise you on whether a change of status is available for your specific situation and help you avoid steps that could jeopardize your immigration options.

If your visa expires while you are in the United States, what matters is the date on your Form I‑94, not the expiration date on the visa stamp in your passport. If your I‑94 has expired and you have not timely filed for an extension or change of status, you may begin accruing unlawful presence, which can lead to serious penalties, including a three‑year bar on returning if you overstay more than 180 days but less than one year and then depart, and a ten‑year bar if you overstay one year or more and then depart. If your visa stamp has expired but your I‑94 is still valid, you may remain in the United States lawfully until the I‑94 date. If you are unsure of your status, contact Buhler Thomas Law immediately. Our immigration attorneys in Utah can review your I-94 and advise you on your options.

Overstaying your authorized period of stay which is the date on your I‑94, not the visa stamp in your passport  is serious and can affect your ability to get future visas, reenter the United States, or apply for a green card. If you overstay long enough, you may trigger a three‑year bar, ten‑year bar, or in some cases even a permanent bar on returning to the U.S. It is important not to ignore an overstay; speaking with an experienced immigration attorney in Utah as soon as possible can help you understand your risks and options. Buhler Thomas Law can review your specific situation, explain what bars or penalties may apply, and advise you on the safest steps to move forward.

If you entered the U.S. under the Visa Waiver Program (ESTA), you generally cannot change to another status, such as a work or student visa, while remaining in the United States. If you entered on a B‑2 visitor visa issued by a U.S. consulate, you may in some cases apply to change status to a different category (for example, a student or certain work visas), but this depends on your specific facts, the timing of your filing, and whether you are still in valid B‑2 status when you apply.

USCIS will also look at what your intent was when you entered; if you came as a “tourist” but actually planned to work or study, that can cause your change‑of‑status request to be denied and may raise fraud or misrepresentation concerns.

Visa and green card timelines can vary widely depending on the type of case, where you are applying, and how busy the government agencies are, so it is wise to start as early as possible. In general, we recommend contacting an immigration attorney several months before you hope to travel for short-term visits and at least a year (or more, for some categories) before a planned move or job start date, so there is time to prepare forms, gather documents, respond to any government requests, and address delays that may be outside your control.

Yes. A prior denial does not necessarily mean you are no longer eligible, but it does mean your case needs careful review to understand what went wrong and how to address it. Our attorneys can analyze the refusal, explain whether you can reapply, appeal, or file a different type of case, and help you prepare stronger evidence and explanations to avoid repeating past issues or creating new problems for future immigration options.

For most visa or green card consultations, it is helpful to bring your passport, any prior U.S. visas, your latest I-94 record (if you have visited or stayed in the U.S.), and copies of any applications or decisions you have received from USCIS, the U.S. consulate, or the National Visa Center. You should also bring basic biographical documents such as your full legal name, date of birth, and address history), details about your job or family relationships, and a list of any immigration problems (such as overstays, arrests, or prior denials) so the attorney can give you accurate, tailored advice from the beginning.

Yes. Because U.S. immigration law is federal, Buhler Thomas Law can represent clients anywhere in the world, including those living outside the United States. The firm offers video and telephone consultations and regularly handles cases involving consular processing at U.S. embassies and consulates abroad. Whether you are in Utah, elsewhere in the U.S., or internationally, our team can guide you through the U.S. visa process from start to finish.

Marriage to a U.S. citizen does not automatically confer U.S. citizenship or a green card. If your spouse lives outside the United States or is not eligible to apply for Adjustment of Status in the U.S., you must first file Form I‑130 (Petition for Alien Relative) to establish the marriage relationship. After USCIS approves the I‑130, the case is sent to the National Visa Center and then to the appropriate U.S. consulate, where your spouse will complete document processing, a medical exam, and an immigrant visa interview. If the visa is approved and your spouse is admitted to the United States as a permanent resident, they may later apply for U.S. citizenship through naturalization in as little as three years, as long as you remain married and meet all other requirements.”The team at Buhler Thomas Law regularly assists couples navigating the marriage visa process in Salt Lake City and throughout Utah. Our immigration attorneys can help you understand the timeline and prepare a strong petition.

The K‑3 is a non-immigrant visa that allows the foreign spouse of a U.S. citizen to come to the United States and wait here while the immigrant visa process is completed. By contrast, the CR‑1 (conditional) and IR‑1 (immediate relative) are immigrant spouse visas that grant lawful permanent resident status upon entry. A CR‑1 is issued when the couple has been married for less than two years at the time of the immigrant visa interview, and an IR‑1 is issued when the marriage is at least two years old. The best option depends on your timing goals and how long you have been married; Buhler Thomas Law, P.C. can help you choose the most efficient strategy for your marriage visa in Utah.

A fiancé(e) (K‑1) visa allows a foreign national engaged to a U.S. citizen to enter the United States for the purpose of getting married within 90 days, after which they must apply for Adjustment of Status to obtain a green card. By contrast, a spouse visa is filed after the marriage has already taken place and allows the foreign spouse to enter the U.S. as a permanent resident from day one. The fiancé(e) visa route can sometimes bring couples together in the United States more quickly, but it involves more steps and strict 90‑day timing, while the spouse visa often takes longer up front yet is more streamlined for obtaining a green card.Buhler Thomas Law can help you compare both pathways and choose the one that best fits your timeline and circumstances. Learn more about the fiancé(e)visa process here.

Yes. Once you are legally married, the fiancé(e) visa route is no longer available, and you will generally need to file a new petition for your spouse as a CR-1 or IR-1 immigrant. Although this means changing strategies, the spouse-visa process can be more straightforward because your spouse becomes a permanent resident upon entry if the case is approved.

Yes. You and your spouse can absolutely work with Buhler Thomas Law even if your spouse is outside the United States.

Buhler Thomas Law offers video and telephone consultations and regularly handles cases that require consular processing at U.S. embassies and consulates abroad. You and your spouse do not need to be in the same location to get started. Our immigration attorneys in Utah prepare and file the required petitions and applications in the United States while your spouse completes the consular process and interview in their home country.

Processing times vary depending on the type of visa and your spouse’s country of residence. Immigrant spouse visas for spouses of U.S. citizens can take anywhere from roughly eight months to over two years, depending on USCIS and National Visa Center processing times and consular scheduling in your spouse’s country. fiancé(e) and non-immigrant spouse visa timelines differ again. Buhler Thomas Law can give you a more specific estimate based on your situation and help you choose the fastest legally appropriate path for your marriage visa in Salt Lake City or anywhere in Utah.

Common documents for a marriage based visa include a valid marriage certificate, proof the sponsoring spouse is a U.S. citizen or permanent resident, financial sponsorship documents such as an Affidavit of Support, and a medical exam from an approved doctor. You also need evidence your marriage is genuine, for example joint bank accounts, a shared lease, insurance in both names, travel records, or similar paperwork showing you share a life together. Buhler Thomas Law, P.C. can provide a simple, student friendly checklist so you know exactly what to gather for your spouse visa application in Utah.

The strategy of bringing a spouse to the United States on a visitor visa and then filing for them once they arrive carries serious legal risks and should never be attempted without careful legal advice. Although Adjustment of Status through USCIS can sometimes be faster than consular processing, not everyone who enters on a visitor visa is eligible to adjust, and a visitor must genuinely intend to stay only temporarily and then return home. Entering on a visitor visa with a secret plan to remain permanently can be treated as visa fraud, which may bar a person from ever obtaining a green card in Salt Lake City. Before considering this approach, speak with an immigration attorney at Buhler Thomas Law, who can assess the risks in your situation and help you choose a legally sound path to bringing your spouse to the United States.”

If your spouse is applying for a green card from inside the United States, they usually must wait for USCIS to approve a separate work permit (Employment Authorization Document or “EAD”) before they can work legally. You typically request this work permit by filing Form I-765 together with the Adjustment of Status application, and many applicants can expect several months of processing time before the EAD is issued.

To sponsor a spouse, you generally must show income at or above 125% of the federal poverty guidelines (or 100% if you are on active U.S. military duty and sponsoring a spouse). If your income is below the required level, you may be able to use certain assets or a qualified joint sponsor who agrees to sign a separate Affidavit of Support and accept financial responsibility as well. 

In many cases, your spouse’s unmarried minor children under 21 years old  can be included as “derivative beneficiaries” on your marriage-based case or be sponsored in a related process, depending on their age, marital status, and how you file. If the child qualifies, they may receive immigrant visas and green cards around the same time as your spouse, but it is important to plan early so no one “ages out” or is accidentally left out of the paperwork.

If you move, both you and your spouse generally must update your addresses with USCIS (and sometimes with the National Visa Center or consulate) so that notices and interview letters go to the correct place. Failing to update your address can lead to missed appointments or deadlines, so it is important to file the required change-of-address forms promptly whenever you relocate.

Generally, you should not leave the United States while your Adjustment of Status application is pending unless you have proper travel authorization. If you depart without advance parole, USCIS will usually treat your case as abandoned and deny the I‑485, and your case may instead have to continue through consular processing abroad. One important exception is for certain applicants in valid H1B or L1 status, who may be able to travel and reenter on that visa without abandoning their pending adjustment. To protect your ability to travel, it is usually best to file for advance parole (and work authorization) together with your adjustment case so you can leave the U.S. once the travel document is approved. In true emergencies, you may request that USCIS expedite your advance parole. Buhler Thomas Law, P.C. advises clients on travel, advance parole, and all aspects of the Adjustment of Status process to avoid costly mistakes.

A conditional green card means your spouse is a permanent resident, but their first card is only valid for two years because you had been married less than two years at the time of the interview. During the 90 days before the card expires, you and your spouse must file Form I‑751 to remove conditions and provide evidence that your marriage is genuine and ongoing, such as joint leases or mortgages, utility bills at the same address, joint bank or credit card statements, joint tax returns, shared insurance policies, records of major purchases, children’s birth certificates (if any), travel records, and affidavits from friends or family. If USCIS approves the petition, your spouse receives a regular ten‑year green card; if you miss the deadline or submit weak documentation, your spouse can fall out of status and face serious immigration consequences. Buhler Thomas Law helps couples track I‑751 deadlines and prepare strong, well‑organized filings to remove conditions from a marriage‑based green visa in Utah.

A divorce during the conditional green card period does not automatically end your spouse’s status, but it does make the I‑751 process more complicated and higher risk. If you cannot file a joint I‑751 because the marriage ended, the conditional resident may still file an I‑751 waiver, based on a good faith marriage that ended in divorce, battery or extreme cruelty, or extreme hardship if removed from the United States. These waiver cases are evidence intensive and must clearly show that the original marriage was genuine and that at least one waiver ground is fully met.Contact our immigration attorneys in Utah at Buhler Thomas Law, P.C. can help you evaluate your options, select the appropriate waiver category, and prepare a strong I‑751 filing if your marriage ends before the removal of conditions is approved.

Buhler Thomas Law can carefully review your denial notice or Request for Evidence, identify the underlying issues, and help you assemble the documentation and legal arguments needed to address them. Timely, thorough responses are critical; missing a deadline or submitting an incomplete response can result in a final denial. Engaging experienced immigration counsel to respond on your behalf can significantly improve your chances of a successful outcome. Contact our immigration attorneys in Utah promptly after receiving an RFE or denial so we can advise you on next steps and protect your case.

Several non-immigrant work visa categories exist depending on your nationality, employer type, and role. Canadian and Mexican citizens may qualify for TN status. Australian citizens in specialty occupations may be eligible for the E-3 visa. Citizens of Chile and Singapore may qualify for the H-1B1. Managers and executives transferring within a multinational company may apply for the L-1A, while specialized-knowledge employees may qualify for the L-1B. Individuals with extraordinary ability may be eligible for the O-1. Treaty traders and investors may qualify for E-1 or E-2 status. The immigration attorneys at Buhler Thomas Law can review your background and identify which category best fits your situation.

Canadian and Mexican citizens may be eligible for TN non-immigrant status under the USMCA (formerly NAFTA), which allows certain professionals to work in the United States in designated occupations such as accountants, engineers, lawyers, pharmacists, scientists, and teachers. To qualify, you must be a citizen of Canada or Mexico, have a prearranged full‑time or part‑time job offer from a U.S. employer in an approved TN profession, possess the required credentials for that profession, and intend to work only in that eligible occupation. The TN category is one of several non-immigrant work visa options that Buhler Thomas Law helps clients pursue, and the firm’s immigration attorneys in Utah can evaluate whether TN status is appropriate for you and guide you through each step of the application process.

Australian citizens coming to the United States to work in a specialty occupation may be eligible for an E‑3 visa. To qualify, you must be an Australian citizen with a qualifying job offer from a U.S. employer in a role that normally requires at least a bachelor’s degree (or equivalent experience) and have a certified Labor Condition Application from the Department of Labor. E‑3 status is usually granted for up to two years at a time, can be renewed in two‑year increments, and spouses granted E‑3 dependent status are eligible to work in the United States.If you are an Australian professional exploring work visa options in Salt Lake City or anywhere in Utah, the team at Buhler Thomas Law can help you determine whether the E-3 or another visa category best fits your goals.

Citizens of Chile and Singapore may be eligible for the H-1B visa, a specialty‑occupation category specifically for nationals of these two countries and closely modeled on the H‑1B program. Each year, 1,400 numbers are reserved for Chilean nationals and 5,400 for Singaporean nationals from within the overall H‑1B cap. H‑1B1 status is typically granted in one‑year increments and can be renewed in additional one‑year periods, but it does not permit self‑employment or independent contracting, and applicants must show they do not intend to immigrate permanently at the time of application.

If you are a Chilean or Singaporean citizen considering work in the United States, an immigration attorney at Buhler Thomas Law can help you compare H‑1B1 with other options and choose the category that best fits your long‑term plans.

The L‑1A visa is generally the right option for managers and executives transferring within a multinational organization to a U.S. parent, subsidiary, affiliate, or branch. To qualify, you must have worked for the related foreign company for at least one continuous year within the past three years, and your position in the United States must be truly executive or managerial in nature. First‑line supervisors of nonprofessional employees usually do not qualify for L‑1A classification, even if their job title includes “manager,” and USCIS closely examines whether your day‑to‑day duties involve high‑level management rather than routine operational tasks. 

The L‑1B visa is for employees with specialized knowledge transferring from a foreign related company to a U.S. entity within the same multinational group. “Specialized knowledge” can mean special knowledge of the company’s products, services, processes, research, techniques, or management, or advanced knowledge that goes beyond what is typically found in the broader industry; often, both concepts apply in a strong L‑1B case. This category is commonly used for technical specialists, product experts, and professionals who work with proprietary systems.

If your country has a qualifying treaty with the United States, you may be eligible for a Treaty Trader (E‑1) or Treaty Investor (E‑2) visa. The E‑1 is for individuals or companies engaged in substantial trade principally between the U.S. and the treaty country, while the E‑2 is for those who invest, or are actively in the process of investing, a substantial amount of capital in a U.S. business they will develop and direct. Both are temporary, non-immigrant visas that can generally be renewed as long as the underlying trade or investment continues to meet the legal requirements.

The O‑1 visa is for individuals with extraordinary ability or extraordinary achievement who are at the very top of their field, with sustained national or international acclaim. You must be coming to the United States to work in the same area of extraordinary ability or achievement, and USCIS expects extensive documentation such as major awards, prominent media coverage, or other high‑level recognition; this category is not meant for an average or even above‑average career. Because the standard is demanding and petitions are heavily scrutinized, many people are better suited to other work visa categories, and it is wise to have your credentials reviewed before pursuing O‑1 classification.

The immigration attorneys at Buhler Thomas Law can review your credentials and advise you on whether the O-1 is the right path — or whether another non-immigrant work visa may better fit your situation. We serve clients in Utah and internationally, including those seeking immigration attorney services in Salt Lake City and throughout the state.

To employ a noncitizen on F‑1 or J‑1 status, you must first confirm what work authorization they have and make sure the position fits within that authorization. F‑1 students cannot work in the United States unless they have specific work authorization, typically Curricular Practical Training (CPT) during their program or Optional Practical Training (OPT) after completion (up to 12 months), with some STEM graduates eligible for a 24‑month STEM OPT extension for up to 36 months total. J‑1 students usually work under Academic Training, which allows field‑related employment for a limited period based on written authorization from the J‑1 program sponsor; if you want to keep the employee beyond these student work options, you will generally need to sponsor them for H-1B visa or another long‑term work visa. Buhler Thomas Law concentrates on employer‑side immigration, with a particular focus on hiring and sponsoring international students and professionals. Our team guides Utah employers through every step of the process of preparing comprehensive H-1B petition and other work visa cases for petitions in Salt Lake City and across the state.

For STEM graduates, you can often retain talent for up to three years before needing a long‑term work visa. A student who completes a qualifying STEM degree generally receives 12 months of standard OPT plus a 24‑month STEM OPT extension, giving up to 36 months of work authorization in roles related to their field. During that window, you typically have multiple chances to register the employee in the annual H‑1B lottery; if their registration is not selected in the first year, you can usually try again in later years while they remain in valid OPT or STEM OPT status.Our immigration attorneys at Buhler Thomas Law help employers understand OPT timelines and plan H-1B sponsorship well before authorization expires.

The J‑1 exchange visitor visa is temporary, and many J‑1 holders are subject to a two‑year home‑country residence requirement if they want to stay in the U.S. to work. If you are subject to this rule, you generally must either spend two years in your home country or obtain a waiver before changing to most work‑based statuses (like H‑1B or L‑1) or applying for a green card.

You can check your J‑1 visa and DS‑2019 to see if the two‑year rule applies, especially if your program was government‑funded or your field is on your country’s skills list. Waiver paths include a No Objection Statement, an Interested U.S. Government Agency request, a Conrad 30/state agency request (for certain physicians), Exceptional Hardship to a U.S. citizen or permanent resident spouse or child, or Fear of Persecution — and in most cases, that waiver must be approved before almost any work visa or green card filing.If you are unsure of your status or options, Buhler Thomas Law can review your situation and advise you on next steps.

Processing times vary by visa category, service center, and whether you use premium processing. For many petitions filed with USCIS, premium processing offers a 15-calendar-day adjudication window for an additional government fee, which can be valuable when you have a firm start date or need a fast decision for travel, licensing, or project planning. Even with premium processing, you should plan ahead because you still need time for document collection, drafting, and possible Requests for Evidence before a final approval.

In many categories, a material change in your job, such as switching employers, a significant change in job duties, or a move to a new worksite, requires a new or amended petition. Some visas, like H-1B, allow limited “portability” to a new employer once a new petition is filed, while others require you to wait for approval before you can start. It is important to have an immigration attorney review your specific status and offer letter before you resign or change roles so you avoid gaps in authorization or violations of status.

Most non-immigrant work visas do not automatically convert into permanent residence. Instead, your employer typically must go through a separate green card process, which may involve labor certification (PERM) and one of the employment-based immigrant categories such as EB-1, EB-2, or EB-3. Some categories, like H-1B and L-1, are “dual intent,” meaning you can lawfully pursue a green card while in that status, but you still need separate filings and approvals before becoming a permanent resident.

For many employment-based visas, the place where the work is actually performed matters for compliance, especially when a Labor Condition Application (LCA) or similar posting is required. Significant changes in work location, such as moving to a different metropolitan area or state, can trigger a need for a new or amended filing even if the job title and employer stay the same. Before allowing full-time remote work, long-term telecommuting from another city, or frequent travel-based arrangements, you should have an attorney review how those changes affect the specific visa category.

If USCIS issues a Request for Evidence, it means the officer needs more information or clarification before deciding your case, and timely, thorough responses are critical to keep the petition on track. A denial does not always end your options; depending on timing and strategy, you may be able to refile, appeal, or pursue a different category that better fits your background and the job. Our attorneys help employers and professionals evaluate the reasons for an RFE or denial and develop a practical plan for next steps tailored to your situation.

U.S. immigration law divides family-based visas into two main groups. The law allows certain family members of U.S. citizens and lawful permanent residents to apply for green cards in the family preference categories when they do not qualify as “immediate relatives.” These preference groups include unmarried adult sons and daughters (21 or older) of U.S. citizens, spouses and unmarried children under 21 of green card holders, unmarried adult sons and daughters of green card holders, married sons and daughters of U.S. citizens, and brothers and sisters of U.S. citizens who are at least 21 years old. Unlike immediate relatives, these categories are subject to annual numerical limits, which often create multi‑year visa queues tracked in the Department of State’s monthly Visa Bulletin.

If you are navigating these categories for a family-based immigration case in Salt Lake City or anywhere in Utah, Buhler Thomas Law can explain how these timelines apply to your specific situation.

A non-immigrant family visa is for a temporary stay, while an immigrant family visa is for permanent residence (a green card). non-immigrant family visas, like the K‑1 fiancé(e) and K‑3 spouse visas, let a foreign national come to the United States for a limited purpose or while a green card case is still in process. An immigrant family visa, by contrast, is issued after an immigrant petition is approved and, when the person enters the U.S. on that visa, they are admitted as a lawful permanent resident. Which option is appropriate depends on the family relationship, whether the relative is inside or outside the U.S., and whether the goal is a temporary visit or permanent residence.Buhler Thomas Law can advise you on which pathway best fits your situation when you contact our immigration attorneys in Utah.

Yes, but with important limitations. As a lawful permanent resident, you can file I‑130 petitions only for your spouse and unmarried children (both under 21 and over 21), which fall into the F2A and F2B family preference categories and are subject to annual visa caps and wait times. You cannot sponsor parents, siblings, or married children until you become a U.S. citizen through naturalization, at which point additional categories become available. Buhler Thomas Law can help you understand who you can sponsor now as a green card holder and how naturalization could expand your future sponsorship options.

Family visa waits are long in some categories because there are annual caps and country limits on how many family‑preference green cards can be issued. When more people apply than there are visas available, especially from high‑demand countries, backlogs form and families must wait until their “priority date” becomes current in the monthly Visa Bulletin. Immediate relatives of U.S. citizens are not subject to these numerical limits, which is why their cases usually move faster than the capped family‑preference categories.Buhler Thomas Law monitors these movements and helps clients plan their family visa cases in Salt Lake City and Utah accordingly.

The I‑130 is the foundational petition in most family‑based immigration cases. A U.S. citizen or lawful permanent resident files it with USCIS to prove a qualifying family relationship with the relative they want to sponsor. Approval of the I‑130 does not grant status by itself; it is only the first step.

Once the I‑130 is approved, there are two main paths to pursue the green card, depending on where the beneficiary is located and their eligibility:

• Adjustment of Status inside the United States (filing Form I‑485 if the person is in the U.S. and eligible to adjust), or
• Consular processing abroad through the National Visa Center and a U.S. embassy or consulate. 

Buhler Thomas Law prepares and files I-130 petitions for clients seeking family-based visas in Utah and ensures the petition is complete and properly documented from the start.

A K‑1 fiancé(e)visa lets the foreign‑national fiancé(e)of a U.S. citizen come to the United States specifically to get married; only U.S. citizens, not green card holders, can file this type of petition. The U.S. citizen files Form I‑129F with USCIS, and after approval the case goes to a U.S. consulate abroad for the fiancé(e)interview and K‑1 visa issuance. The fiancé must enter the U.S. on the K‑1, marry the U.S. citizen within 90 days, and then apply for Adjustment of Status to obtain a green card; there is no extension of the 90‑day period, and if the marriage does not occur in time, the K‑1 holder is expected to leave the United States.Buhler Thomas Law assists couples with the fiancé(e) visa process from initial filing through the post-marriage Adjustment of Status.

The K‑1 fiancé(e) visa is for couples who are not yet married — the foreign fiancé(e)enters the U.S. to marry a U.S. citizen within 90 days, then applies for a marriage‑based green card through Adjustment of Status. K‑1 entrants do not receive automatic permission to work; they can only work after applying for and receiving an Employment Authorization Document (EAD), usually by filing Form I‑765 with their green card application after the wedding.

A spouse visa, either a CR‑1 (conditional) or IR‑1 (immediate relative) is filed after the marriage has already taken place, and the foreign spouse enters the U.S. as a lawful permanent resident. This route usually takes longer up front but is often more economical overall and allows the spouse to live and work in the United States based on their green card as soon as they arrive. Buhler Thomas Law can help you compare both options and choose the best fit for your timeline, work‑authorization needs, and overall goals.

Yes, in almost every case. You and your fiancé(e) must meet in person at least once during the two years before you file Form I-129F. This requirement helps USCIS confirm your relationship is real. There are very limited exceptions if meeting would violate your culture or religion, or cause you extreme hardship, but these waivers are difficult to get and require strong evidence. Buhler Thomas Law can help you document your relationship and determine if a waiver might apply in rare cases.

The National Visa Center handles your case between USCIS approval and your consular interview. After USCIS approves your I-130 petition, the NVC assigns a case number, collects your documents and financial evidence (Form I-864), reviews everything for completeness, and schedules your interview at a U.S. embassy or consulate. The NVC does not decide whether to approve your visa. They just prepare your case for the consulate. Most families use the online CEAC portal to upload documents and pay fees. Buhler Thomas Law guides you through NVC processing to avoid 

USCIS and U.S. consulates look for proof that your marriage is real, not just for immigration purposes. Helpful evidence includes joint bank accounts, a joint lease or mortgage, shared bills or insurance listing each other as beneficiaries, and birth certificates of any children together. You can also submit photos over time (including the wedding), travel records together, messages or call logs showing ongoing communication, and affidavits from friends or family who know your relationship. The more varied and consistent your documents are, the stronger your case for a bona fide marriage.Buhler Thomas Law advises clients on assembling a thorough and well-organized evidence package for their marriage visa application in Utah.

For CR‑1 and IR‑1 spouse visas, a consular interview is an in‑person appointment at a U.S. embassy or consulate where an officer reviews your case, confirms your marriage is genuine, and decides whether to issue the immigrant visa.

A denial at the consular interview does not always mean the family visa case is permanently over. The consular officer must state the legal basis for the refusal on the notice you receive.

Some denials are temporary (for example, asking for missing documents or clarification), and the case can move forward once you respond properly. More serious denials based on ineligibility (such as certain immigration violations, misrepresentation, or criminal issues) may require a separate waiver application before a visa can be issued. Buhler Thomas Law can review the denial notice, explain what it means, and advise you on whether to submit more evidence, seek reconsideration, or pursue a waiver.Contact our immigration attorneys in Utah as soon as possible after receiving a denial.

In some situations, yes. If a family member is already in the United States in a valid status (for example, on a work or student visa) and otherwise eligible, they may be able to apply for a green card through Adjustment of Status with USCIS instead of attending a visa interview at a U.S. consulate abroad. Adjustment of Status lets them stay in the U.S. while the case is processed and receive the green card here, but eligibility depends on factors like how they entered (lawful admission or parole), whether a visa is available, and whether they have any status or inadmissibility issues.Buhler Thomas Law can determine which pathway is available and most advantageous for your family’s situation.

Yes, your spouse’s unmarried children under 21 can come as derivative beneficiaries. For CR-1 or IR-1 visas, the children get immigrant visas and green cards at the same time as your spouse. For K-1 visas, the children enter on K-2 visas and can apply for green cards after you marry. List all qualifying children on your original petition even if they won’t immigrate right away, because children who turn 21 or marry before getting a visa may lose their derivative status and wait years in other categories. Buhler Thomas Law ensures all eligible children are included and protected throughout the process.

It depends on which visa your spouse uses. K-1 fiancé(e) visa holders cannot work until after you marry and they apply for a work permit (Form I-765), which usually arrives within a few months. CR-1 or IR-1 immigrant visa holders can work immediately because they receive their green card when they enter the United States. Spouses already in the U.S. who are adjusting status can apply for a work permit with their green card application and typically receive it within 90 to 150 days. 

If USCIS approves your spouse’s Form I-485 at the interview, the officer gives you a written approval notice. The physical green card arrives by mail at your U.S. address within two to four weeks. If you have been married less than two years on the date USCIS approves the application, your spouse receives a conditional two-year green card and must file Form I-751 jointly with you during the 90-day period immediately before the card expires to get a permanent ten-year card. Once your spouse has the green card, they can work immediately without a separate work permit and can travel in and out of the United States. However, trips longer than six months (180 days) may raise questions about whether your spouse intends to maintain permanent residence in the U.S., and absences approaching one year can put their green card status at risk. For trips between six months and one year, it is best to apply for a reentry permit before departure. Buhler Thomas Law helps you maintain permanent resident status and plan for U.S. citizenship eligibility after three years of marriage to a U.S. citizen.

A non-immigrant work visa allows someone to work in the U.S. temporarily in a specific job, usually for one employer and for a set period of time (for example H-1B, L‑1, O‑1, TN, or E‑3). An employment-based green card grants permanent resident status, allowing the person to live and work anywhere in the United States indefinitely and eventually apply for U.S. citizenship, without being tied long‑term to a single employer or fixed end date. Many professionals start on a temporary work visa and later transition to an employment‑based green card as part of a longer‑term immigration strategy.Buhler Thomas Law helps clients navigate both the temporary and permanent pathways and plan strategically across both.

The firm assists clients with a full range of non-immigrant work visas, including H-1B (specialty occupation), H‑1B1 (for Chilean and Singaporean nationals), O‑1 (extraordinary ability), TN (Canadian and Mexican professionals under the USMCA), and E‑3 (Australian specialty occupation workers). The best category for you depends on factors like your nationality, job role, employer structure, and long‑term immigration goals. The immigration attorneys at Buhler Thomas Law can evaluate your background and identify the strongest available pathway.

Most non-immigrant work visa cases involve one to three months of preparation before filing, and we generally aim to file the petition at least six months before the intended start date to account for long processing times and reduce the need for costly premium processing upgrades. H‑1B cap cases follow a different schedule because registration takes place in March and the earliest possible start date is October 1. Buhler Thomas Law recommends contacting our office as early as possible to build a realistic timeline for your non-immigrant work visa in Salt Lake City or elsewhere in Utah.

If you are a citizen of Canada or Mexico, you may qualify for TN status under the United States‑Mexico‑Canada Agreement (USMCA), which allows certain professionals, such as accountants, engineers, lawyers, pharmacists, scientists, and  university teachers, to work in the United States temporarily. To qualify, you must be a Canadian or Mexican citizen with a prearranged professional job offer in a listed TN occupation and the required credentials, and you apply either at a U.S. port of entry if you are Canadian or through a U.S. consulate if you are Mexican. Buhler Thomas Law helps TN applicants and their employers navigate this process efficiently. Our immigration attorneys in Utah can assess whether TN classification is right for your situation.

Citizens of Chile and Singapore may qualify for the H‑1B1 visa, a U.S. work visa for specialty occupations that normally require at least a bachelor’s degree. This trade‑agreement category reserves 1,400 visas per year for Chilean nationals and 5,400 for Singaporean nationals, and these caps are rarely reached. Applicants usually apply directly at a U.S. consulate with a certified Labor Condition Application from a U.S. employer. H‑1B1 status is granted in renewable one‑year increments, does not allow self‑employment or independent contracting, and requires you to show that your stay in the United States will be temporary.”Buhler Thomas Law can walk Chilean and Singaporean professionals through the H-1B1 process and help compare it with other available non-immigrant work visas in Utah.’’

The O‑1 visa is for individuals with extraordinary ability who have earned sustained national or international acclaim in their field. You must be coming to the U.S. to work in the same area of expertise and be among the small percentage at the very top of your profession. Because USCIS demands extensive evidence and heavily scrutinizes these petitions, the O‑1 is generally suitable only for those with a truly exceptional, well‑documented record. The immigration attorneys at Buhler Thomas Law can review your credentials and advise whether the O-1 or another non-immigrant work visa better fits your situation. We serve clients in Utah and internationally, including those seeking immigration attorney services in Salt Lake City and throughout the state.

Many professionals hold a non-immigrantwork visa and pursue a green card at the same time.

The H‑1B and L‑1 are treated as dual‑intent categories, so you can go through an em

ployment-based green card process without normally jeopardizing your underlying work status. By contrast, visas like TN, H‑1B1, and E‑3 are technically “non-immigrant‑intent,” so green card planning must be more careful because strong evidence of permanent intent can create issues at future visa interviews or entries.Buhler Thomas Law can advise you on how pursuing permanent residence may interact with your current non-immigrantstatus and help you plan both pathways together.

non-immigrant work visas are temporary, but they are often an important first step toward a green card. H-1B visa allows dual intent, so you can work in the United States while your employer sponsors you for an employment-based green card, and L‑1 managers and executives may also transition to permanent residency, including through the EB‑1C category that can avoid PERM labor certification. Other visas such as TN, E‑3, and H‑1B1 require non-immigrant intent on paper, but are still commonly used while an employment based or family based green card process is underway. In some cases, time spent in valid non-immigrant status can also preserve work authorization and lawful presence while I‑140 petitions, PERM labor certification, or adjustment of status applications are pending. Buhler Thomas Law, P.C. helps clients coordinate their temporary work visa, long term green card strategy, and timing issues (such as quota backlogs and H‑1B max‑out dates) so that each move supports the next stage of their immigration journey.

In most employment-based non-immigrant categories, your spouse and unmarried children under 21 can apply for a dependent status (such as H-4 for H-1B workers, L-2 for L-1 workers, TD for TN workers, or E-3D for E-3 workers) so they can live with you in the United States while you are in valid status. Your dependents typically apply at a U.S. consulate abroad or, if they are already in the United States in another status, may file a change-of-status application with USCIS. Your spouse and children in dependent status are generally permitted to attend school, and in some categories, spouses may also be eligible for separate employment authorization. Buhler Thomas Law can review your family’s situation and help coordinate principal and dependent filings, so your family’s plans align.

Whether your spouse can work depends on your specific visa category and their dependent status. For example, certain spouses in L-2 or E-3D status are treated as employment-authorized incident to status, and some H-4 spouses may apply for an employment authorization document (EAD) if the H-1B principal meets specific green card milestones, while TD spouses of TN workers are not permitted to work in the United States. Because the rules differ significantly across categories and can change over time, it is important to understand which options, if any, apply in your case. Our immigration attorneys in Utah can explain your spouse’s work authorization options and help file the appropriate applications where available.

Most non-immigrant work visas are employer-specific, which means you cannot simply start working for a new employer without first taking legal steps to transfer or obtain new work authorization. Changing employers without proper authorization can jeopardize your current status and future immigration options. Buhler Thomas Law helps employers and employees evaluate timing, filing strategy, and risk when considering job changes on a temporary work visa.

Significant changes to your role, such as a substantial shift in job duties, a new worksite, or a promotion into a very different position may require an amended petition or new filing, especially for H-1B and L-1 workers. Smaller adjustments, such as routine raises or minor refinements in responsibilities, might not trigger a new filing, but it is important to confirm that your real-world position still fits the job description and wage level underlying your approved petition. Working in a materially different role than the one that was approved can create compliance issues for both you and your employer. Our attorneys can review proposed changes and advise whether an amendment or new filing is needed to keep your status secure.

As a prospective H-1B beneficiary, you must meet one of the following: (a) hold a U.S. bachelor’s degree or higher required by the specialty occupation from an accredited college or university; (b) hold a foreign degree determined to be equivalent to a U.S. bachelor’s degree, USCIS may request a credential evaluation to confirm this; (c) hold an unrestricted state license, registration, or certification that authorizes full practice in the specialty occupation; or (d) have education, specialized training, and/or progressively responsible experience equivalent to a U.S. bachelor’s or higher degree, recognized through progressively responsible positions directly related to the specialty. If you hold a foreign degree or are relying on work experience, Buhler Thomas Law recommends obtaining an equivalency evaluation from World Education Service, Trustforte (with an Edge analysis), or Park Evaluation before filing.

USCIS defines a specialty occupation as one requiring the theoretical and practical application of highly specialized knowledge, including fields such as architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, accounting, law, and the arts, and at minimum a bachelor’s degree in a specific specialty for entry. As our H-1B visa attorney in Utah regularly advises clients, obtaining specialty visas for STEM majors is often more straightforward than for humanities or communications fields. Those seeking an H-1B visa in Salt Lake City or anywhere in Utah should plan ahead and choose a major that is favorable for visa issuance.

To establish that a position qualifies as a specialty occupation for H-1B purposes in Salt Lake City or anywhere in Utah, the petitioning employer must demonstrate one of the following: (1) a bachelor’s or higher degree is normally the minimum requirement for entry into the position; (2) the degree requirement is so characteristic of the industry, or the position is so complex and unique, that only a degreed individual can perform it; or (3) the nature of the specific duties is so specialized that the knowledge required is typically associated with a bachelor’s or higher degree. The team at Buhler Thomas Law works closely with employers to build strong specialty occupation evidence for every petition.

Yes. Some roles present greater challenges because they do not clearly meet the “specialty occupation” test, which requires the position to normally call for at least a bachelor’s degree in a specific, directly related field. Sales or generalized business roles can be difficult to qualify if the employer cannot show that the position, by its nature, requires a specialized bachelor’s degree rather than general skills or on-the-job training. Certain computer-industry roles, especially broad “analyst” or support positions, can also be harder to qualify when the job description looks more like general IT support than work that clearly requires a computer science, engineering, or other directly related technical degree. 

By contrast, positions in well-defined STEM fields (such as engineering, computer science, data science, and many research roles) tend to fit the specialty-occupation framework more naturally than roles in more general humanities, communications, or creative fields, where degree requirements and job duties are often less tightly linked. Success often comes down to how precisely the employer defines the job: detailed duties, a clear connection to a specific degree field, and a consistent history of requiring that degree can make a critical difference. If you are unsure whether your role qualifies, an immigration attorney at Buhler Thomas Law can review your job description, proposed degree requirement, and company history and then advise you on the strength of your case and any adjustments that might improve your odds before you invest time and resources in a petition.

Universities and related nonprofit entities, nonprofit research organizations, and government research organizations are generally exempt from the annual H-1B cap, so they can often file H-1B petitions without going through the lottery. A person who has never been counted against the cap is still treated as “cap-exempt” only as long as they remain in qualifying cap-exempt employment; if they later want to move to a regular, cap-subject employer, that new job normally must go through the H-1B registration and lottery process. In some situations, it is also possible to hold a concurrent H-1B, working for a cap-exempt employer and a cap-subject employer at the same time, if both jobs independently meet H-1B requirements. In total, most people can be in H-1B status for up to six years in the United States, across all H-1B employers combined, with limited exceptions that may allow additional time when certain employment-based green card steps have been started. If you have questions about whether a particular job is cap-exempt, whether concurrent H-1B employment is possible, or how close you are to the six-year limit, Buhler Thomas Law can review your situation and explain your options.

Congress still limits new cap-subject H-1B approvals to 65,000 each fiscal year, with an additional 20,000 numbers reserved for beneficiaries who hold a U.S. master’s degree or higher from a qualifying institution. When demand exceeds these caps, USCIS now uses a wage-weighted selection process rather than a purely random lottery: each valid registration is entered into the selection pool one to four times based on how the offered wage compares to the Department of Labor’s prevailing wage levels for that occupation and work location (Level I through Level IV), so higher wage levels receive proportionally better odds of selection. Employers first submit an electronic registration during the USCIS registration period, which usually runs in March, and only selected registrations may proceed to full petition filing, generally between April 1 and June 30 for an October 1 start date. Because the process is competitive and wage-sensitive, employers and employees should ideally begin preparing several months before the registration window opens to confirm the appropriate SOC code, prevailing wage level, and offered salary, and to gather the documents needed to support a strong, higher-wage, specialty-occupation case.

Before filing a cap-subject H-1B petition, the employer must submit an electronic registration to USCIS for each prospective beneficiary and pay the required nonrefundable registration fee for that fiscal year’s cap season. Under the current rule, each registration must identify not only basic employer and beneficiary information but also the offered wage, the job’s SOC code, the area of intended employment, and the corresponding Department of Labor prevailing wage level, because this wage level determines how many entries the registration receives in the wage-weighted selection pool. If USCIS selects the registration, the employer may then file the full H-1B petition during the designated filing period, and the information on the petition and certified LCA, particularly the wage level, SOC code, and work location, should be consistent with what was represented at registration to avoid selection-related issues.

No. The additional 20,000 H-1B visas are reserved exclusively for individuals who hold advanced degrees from U.S. colleges and universities. If you hold a foreign advanced degree, you will still be considered under the standard 65,000 cap. Contact Buhler Thomas Law to understand how your credentials factor into your eligibility and petition strategy for an H-1B visa in Salt Lake City or elsewhere in Utah.

No. If you hold a degree from a foreign college or university, you must obtain a foreign credential evaluation confirming that your education is equivalent to a U.S. bachelor’s degree. USCIS will review that evaluation as part of your H-1B visa application in Salt Lake City or elsewhere. The immigration attorneys at Buhler Thomas Law recommend obtaining an equivalency evaluation from companies such as World Education Service, Trustforte (with an Edge analysis), or Park Evaluation.

Yes. In some cases you may establish H-1B eligibility based in part or in whole on professional experience instead of a traditional four-year degree, as long as the job itself qualifies as a “specialty occupation” and your background is equivalent to at least a U.S. bachelor’s degree in that field. USCIS commonly follows a “three-for-one” guideline, under which three years of relevant, specialized training and/or progressively responsible work experience may be treated as equivalent to one year of college-level education in a related discipline, so someone with around twelve years of well-documented, progressive experience may be able to show the equivalent of a four-year U.S. bachelor’s degree.

Experience is typically documented through detailed letters from past and current employers that describe job titles, dates of employment, specific duties, technologies used, level of responsibility, and how your role progressed over time into professional-level work in the specialty. To convert that background into a formal degree equivalency, many H-1B applicants use independent expert opinion evaluations that combine foreign education (if any) with work experience; companies such as Park Evaluations and Trustforte are examples of services that provide these progressive work-experience evaluations consistent with USCIS’s three-for-one standards. Buhler Thomas Law can help you assess whether your experience is likely to be treated as degree-equivalent for H-1B purposes, coordinate a compliant evaluation, and gather the employer documentation needed to present a strong experience-based H-1B.

An H-1B petition may initially be valid for up to three years and can be extended for an additional three years, for a standard maximum of six years. After the sixth year, you must generally remain outside the U.S. for one year before obtaining a new H-1B unless you are eligible for an extension. If a PERM or I-140 petition has been pending for more than one year, you may receive annual one-year extensions beyond the six-year limit. If your I-140 has been approved but an immigrant visa is not yet available, three-year extensions may be available. Buhler Thomas Law can help you track your authorized period of stay and plan for timely extensions or a transition to a green card in Salt Lake City.

If you are already in H-1B status and have previously been counted against the cap, you are not subject to the lottery again, unless you were previously employed by a cap-exempt institution. Your new employer simply files a transfer petition on your behalf. Our immigration attorneys in Utah can confirm your cap status and advise on any amendments or extensions needed.

Yes. You cannot begin working for a new employer until that employer files a new H-1B petition on your behalf, which is a process known as ‘portability.’ However, because you are already in H-1B status, you may begin working for the new employer as soon as USCIS issues a receipt notice confirming the petition has been accepted, without waiting for full approval. Contact Buhler Thomas Law to ensure a smooth, compliant transition between employers.

Yes, but the H-1B is position-specific. If your employer wishes to significantly change your job duties or other material conditions of employment after your H-1B has been approved, the employer must file an amended petition with USCIS. The team at Buhler Thomas Law regularly assists employers with amended petitions to keep their sponsored employees in compliance.

Yes. You may work for more than one employer simultaneously, provided each employer files a separate H-1B petition on your behalf and receives its own petition approval. The H-1B is employer-specific and only authorizes work for the filing employer. If you have questions about concurrent H-1B employment in Salt Lake City or elsewhere in Utah, Buhler Thomas Law can help you understand your options.

Yes. A U.S. employer can file an H-1B petition on your behalf while you are residing abroad. Once the petition is approved, you would obtain the H-1B visa stamp at a U.S. embassy or consulate in your country and then enter the U.S. in that status. In many new cases involving workers outside the United States, a one-time $ 100,000-H-1B fee must also be paid by the employer under recent federal rules, which can significantly increase the overall cost of sponsorship. Buhler Thomas Law works with both U.S.-based and international clients throughout this process.

If your H-1B employment is terminated before your authorized period of stay ends, you have a 60-day grace period during which you may file for a new H-1B visa or other work visa, change to another immigration status, or depart the U.S. After that window closes, you will be out of status. Regardless of the circumstances, your former employer is generally liable for the cost of your return transportation to your home country, unless you voluntarily resigned. If you find yourself in this situation, contact Buhler Thomas Law right away. Our immigration attorney can help you evaluate your options quickly.

Yes. All H-1B workers must be paid the prevailing wage for their position in the geographic area of employment, as determined by the Department of Labor. This requirement applies equally regardless of what U.S. workers in comparable roles are paid. Employers can access the DOL online wage library for a preliminary determination. Our visa attorneys at Buhler Thomas Law guide employers through prevailing wage compliance from the outset.

Employment generally cannot begin until the H-1B petition is approved unless the worker already holds H-1B status with another employer, in which case employment may begin as soon as USCIS issues a receipt notice for the new petition. An employee whose extension was filed on time may also continue working for up to 240 days past the end date of the prior petition while the extension is pending. Buhler Thomas Law helps employers track these timelines closely to maintain continuous, compliant work authorization for their employees.

As early as possible, ideally when you begin interviewing with a prospective employer. Let them know that while you have current work authorization for one year (non-STEM) or up to 29 months (STEM), they will need to file for an H-1B work visa on your behalf at some point. Kim Buhler-Thomas and the team at Buhler Thomas Law recommend initiating the conversation well before the March registration window to allow adequate preparation time.

Not necessarily. Students should encourage employers to register for the H-1B lottery every year the student is on OPT to maximize their chances of selection. USCIS also allows registrations to be filed in March for applicants graduating between April 1 and June 30 of that same year. That said, most F-1 students will find it advantageous to use OPT to begin working right away, since cap-subject H-1B employment cannot begin until October 1 and lottery selection is not guaranteed. An immigration attorney in Utah can help you build a timeline that protects your work authorization throughout the process.

Some J-1 exchange visitors are subject to a two-year home country physical presence requirement and are not eligible for H-1B status until that requirement is either satisfied or waived. Check your visa stamp or DS-2019 form to see whether this requirement applies to you. If it does not apply, you may be eligible for H-1B status if you otherwise meet the standard requirements. Contact Buhler Thomas Law for a full assessment of your situation.

Under current regulations, H-4 dependent spouses of H-1B holders generally cannot work in the United States. There is a limited exception where the H-1B holder has an approved I-140 or has received an H-1B extension beyond the standard six-year limit, in which case the H-4 spouse may be eligible for work authorization. For the most current information on H-4 EAD availability, contact Buhler Thomas Law directly, our immigration attorney stays current on regulatory changes that could affect your family’s options.

A missed lottery selection is not the end of the road. STEM graduates on OPT may receive an 18-month extension, providing another opportunity to apply in the next cycle. Canadian and Mexican citizens may be eligible for TN status. Australian citizens may qualify for the E-3 visa. Citizens of Chile and Singapore may apply for the H-1B1. Individuals with extraordinary ability may be eligible for the O-1. Intracompany transfers may qualify for L-1 status. Treaty traders and investors may apply for E-1 or E-2 status. Buhler Thomas Law can evaluate your background and identify the strongest available path among all available work visa options in Salt Lake City and throughout Utah.

No. Depending on your background, nationality, and employer, you may be eligible for other non-immigrantcategories that permit U.S. employment, including TN (Canadian/Mexican citizens), E-3 (Australian citizens), H-1B1 (Chilean/Singaporean citizens), L-1A/L-1B (intracompany transfers), O-1 (extraordinary ability), and E-1/E-2 (treaty traders and investors). The experienced immigration attorneys at Buhler Thomas Law can review all available non-immigrant work visa options and employment visa options in Salt Lake City and Utah to determine the best fit for your circumstances.

Yes. The H-1B is a ‘dual-intent’ visa, meaning you can pursue permanent residence while in H-1B status without jeopardizing your non-immigrant standing. You may apply for a green card in Salt Lake City through employer sponsorship via the employment-based green card process, which typically begins with PERM labor certification and an I-140 petition, or through family sponsorship if you qualify. Buhler Thomas Law regularly guides H-1B holders through the full transition from temporary to permanent status.

Many green card applicants do have to attend an interview, although the exact process depends on the type of case and whether the application is handled through USCIS or a U.S. consulate abroad. At the interview, an officer will usually review your application, confirm your identity, and ask questions to make sure you qualify for the green card category requested. In marriage-based cases, the officer may also ask questions about the relationship and review documents showing that the marriage is real. Buhler Thomas Law prepares clients for green card interviews and helps them organize documents so they feel more confident and ready.

The required documents depend on the type of green card case, but many applicants need identity documents, birth and marriage certificates if applicable, passport-style photos, immigration records, medical exam results, and proof that they qualify for the category requested. Employment-based cases may also require employer support letters, labor certification documents, or evidence of education and experience. Family-based cases often require proof of the qualifying relationship and, in many cases, financial sponsorship documents. Buhler Thomas Law helps clients gather the right records and prepare a complete filing package to reduce delays and requests for additional evidence.

Processing times vary widely depending on the green card category, whether the case is filed inside or outside the United States, government processing backlogs, and whether additional evidence or security checks are required. Some cases move faster than others, and timelines can change even after a case has been filed. Because every case is different, it is important to evaluate the specific category and filing strategy before predicting how long the process may take. Buhler Thomas Law helps clients understand likely timelines and build a strategy that fits their goals as closely as possible.

In many cases, yes. If you file for Adjustment of Status in the United States, you may also apply for an Employment Authorization Document (EAD), which can allow you to work legally while your green card application is pending. Until that work permit is approved, however, you should not assume you are authorized to work unless you already have another valid status that permits employment. Buhler Thomas Law helps clients understand when they may begin working and how to avoid mistakes that could affect the underlying case.

If you move after filing a green card case, you should update your address with USCIS as soon as possible so you do not miss important notices, appointment letters, or requests for evidence. Failing to update your address can lead to missed deadlines and serious problems for your case. In some situations, a move may also affect where your interview is scheduled or whether your case needs to be transferred to a different office. Buhler Thomas Law helps clients update their case information properly and track any next steps that may result from a change of address.

As a green card holder (lawful permanent resident), you may only file immigrant visa petitions for your spouse or unmarried children under current U.S. immigration law. You cannot sponsor your parents for a green card until you become a U.S. citizen through the naturalization process. Once you naturalize, your parents fall into the ‘immediate relative’ category — meaning there is no annual cap on visas and no waiting period for a visa to become available. Buhler Thomas Law can help you understand your eligibility for naturalization and plan the most efficient timeline for sponsoring additional family members.

No. Under current U.S. immigration law, a sibling does not automatically receive a green card when a U.S. citizen files an immigrant visa petition for their parents. Parents of U.S. citizens are classified as ‘immediate relatives,’ and there is no derivative status for their other children in this category. However, once your parents obtain their green cards, they themselves may file visa petitions to sponsor your siblings. Be aware that these petitions fall under a preference category subject to annual numerical limits, so waits can span several years. Buhler Thomas Law can help your family understand the full timeline and plan the most efficient path forward.

In most cases, yes. Spouses and unmarried children of the principal applicant, known as derivative beneficiaries, can usually receive green cards based on that main case. A key exception is children who “age out” by turning 21 before the green card is approved, although the Child Status Protection Act may sometimes preserve eligibility; because this depends on timing and specific facts, these cases should be reviewed individually.

The immigration attorneys at Buhler Thomas Law can evaluate your family’s circumstances and advise you on how to protect eligibility for all qualifying family members.

U.S. immigration law divides family-based visas into two main groups. The law allows certain family members of U.S. citizens and lawful permanent residents to apply for green cards in the family preference categories when they do not qualify as “immediate relatives.” These preference groups include unmarried adult sons and daughters (21 or older) of U.S. citizens, spouses and unmarried children under 21 of green card holders, unmarried adult sons and daughters of green card holders, married sons and daughters of U.S. citizens, and brothers and sisters of U.S. citizens who are at least 21 years old. Unlike immediate relatives, these categories are subject to annual numerical limits, which often create multi‑year visa queues tracked in the Department of State’s monthly Visa Bulletin.

If you are navigating these categories for a family-based immigration case in Salt Lake City or anywhere in Utah, Buhler Thomas Law can explain how these timelines apply to your specific situation.

Not in all situations. Spouses and unmarried children under 21 can often be included as derivative beneficiaries on the principal applicant’s employment or family based green card case, so their green card applications are filed and processed alongside the principal’s once a visa is available. By contrast, other relatives such as parents, married children, or siblings cannot be added to the principal’s case and must wait until the principal becomes a permanent resident or U.S. citizen and then file their own separate petitions, which may involve additional waiting periods.Buhler Thomas Law can map out the full family immigration plan and advise on sequencing for all qualifying relatives.

An Affidavit of Support is a legally enforceable contract in which a sponsor agrees to accept financial responsibility for an intending immigrant coming to live permanently in the United States. The sponsor must show that their income (and, if needed, certain assets) is sufficient to maintain the sponsoring household and the intending immigrant at or above 125 percent of the applicable federal poverty guidelines, with some limited exceptions for active duty military sponsoring a spouse or child. If the petitioner’s income alone is not enough, a joint sponsor may also submit a separate Affidavit of Support to meet the financial requirements. The sponsor’s financial obligation generally continues until the immigrant becomes a U.S. citizen, earns 40 qualifying quarters of work under the Social Security system (often about ten years), permanently leaves the United States, or loses permanent resident status, and it is not ended by divorce. Buhler Thomas Law guides both petitioners and joint sponsors through the Affidavit of Support requirements to ensure every family visa application is complete and properly documented.

If your income alone does not meet the financial requirements for the Affidavit of Support, you may still be able to complete the process with a qualifying joint sponsor. A joint sponsor is another person who is willing to accept the same financial obligations and who independently meets the income and other eligibility rules.

Family based green card timelines vary widely depending on the family relationship and the beneficiary’s country of birth. Immediate relatives of U.S. citizens, such as spouses, unmarried children under 21, and parents, are not subject to annual visa caps, so their overall wait is usually driven only by USCIS and consular processing times, often around one to two years in many cases. By contrast, preference category cases for adult children or siblings can face multi year or even decade long waits because visa numbers are limited and backlogs in the Visa Bulletin are significant for many countries.Buhler Thomas Law can provide a realistic timeline estimate based on your specific situation and the current Visa Bulletin when you contact our immigration 

A family based visa preference category is a group for family relationships that do not qualify as “immediate relatives” of U.S. citizens, such as adult children, certain spouses and children of green card holders, and siblings of U.S. citizens. Because each preference category has an annual numerical limit, demand often exceeds the number of visas available, so applicants must wait until their priority date becomes current in the Department of State’s monthly Visa Bulletin before they can complete the final steps of their family-based green card application. The main family preference categories are F1 (unmarried adult sons and daughters of U.S. citizens), F2A (spouses and unmarried children under 21 of green card holders), F2B (unmarried adult children who are over 21 of green card holders), F3 (married sons and daughters of U.S. citizens), and F4 (siblings of U.S. citizens).Buhler Thomas Law monitors Visa Bulletin movements and helps clients understand how priority date trends affect their specific case.

Almost all family-based green card applicants must attend an interview, either at a USCIS office in the United States or at a U.S. embassy or consulate abroad. At the interview, an officer confirms the relationship, reviews the evidence, and checks eligibility and admissibility before making a decision on the case.

In many cases, a family member applying through adjustment of status in the United States may request a work permit and, if eligible, begin working once the permit is approved. Those processing through a consulate abroad typically must wait until they enter the U.S. as permanent residents before starting work.

Green card holders are expected to keep the United States as their primary home, so spending more than six months outside the country in a single trip or in total during a year can raise questions about whether they have abandoned their permanent resident status. If your parents expect to be abroad for more than six months, especially if they may be gone close to or over a year, they should speak with an immigration attorney about applying for a reentry permit before they leave and about ways to maintain strong ties to the United States such as housing, taxes, and family or community connections so they can better protect their green card while traveling frequently.If your parents have concerns about maintaining their green card status while traveling, the immigration attorneys at Buhler Thomas Law can advise them on how to protect their status.

It is sometimes legally possible for a person who entered on a visitor visa to apply for a marriage‑based green card, but our firm does not recommend using a visitor visa with any plan to marry and remain in the United States, because that can be treated as fraud or misrepresentation. U.S. immigration authorities look closely at timing under the so‑called 30–60–90 day concepts and the current 90‑day rule: if someone marries a U.S. citizen and files for a green card soon after entering as a “tourist,” officers may presume they misrepresented their true intent at the border, which can lead to denial and even a permanent bar unless a difficult waiver is granted.Before proceeding, it is essential to consult with an immigration attorney at Buhler Thomas Law to assess the risks involved and other possible options. 

A previous green card denial does not automatically bar you from getting a family based green card, but everything depends on why the earlier case was denied. If the issue was procedural, like missing documents or weak evidence, you may be able to refile, file a motion, or appeal; if it involved fraud, crimes, or other serious inadmissibility problems, options are more limited and may require a waiver or a different strategy, so a case specific legal review is essential.Buhler Thomas Law can review the denial and advise you on the strongest path forward. Do not assume a denial means your case is over, contact our immigration attorneys in Utah as soon as possible to assess your

No. U.S. immigration law is federal, so the basic eligibility rules for sponsoring a family member are the same in every state. However, where you and your family member live can affect which USCIS office or consulate handles the case and some local processing times.

Adjustment of status is the process of applying for a green card from within the United States, while consular processing is completed through a U.S. embassy or consulate abroad. Which path is available depends on the family member’s immigration history, lawful entries, and whether a visa is currently available in the category.

The most common path to an employment-based green card in Salt Lake City involves three sequential steps. First, the employer files a PERM labor certification with the U.S. Department of Labor, confirming that there are no qualified, available U.S. workers for the role at the prevailing wage and that hiring the foreign worker will not negatively affect similarly employed U.S. workers. Second, after the PERM is approved, the employer files a Petition for Immigrant Worker (Form I-140) with USCIS to show that the position qualifies in the appropriate employment category, that the foreign national meets the job’s minimum requirements, and that the employer can pay the offered wage. Third, once the I-140 is approved and an immigrant visa is available based on the worker’s priority date, the employee can apply for a green card either through Adjustment of Status (Form I-485) in the United States or through consular processing abroad, and in some categories the I-140 and I-485 can be filed together when the visa category is current.The I-140 and I-485 may be filed concurrently in some cases. The team at Buhler Thomas Law manages the full employment-based green card process for employers and employees across Utah.

PERM (Program Electronic Review Management) is the U.S. Department of Labor process most employers must complete before sponsoring a foreign national for an EB-2 or EB-3 employment based green card. In PERM, the employer conducts a structured recruitment and obtains labor certification to show there are no qualified, willing, and available U.S. workers for the role at the required prevailing wage and that hiring the foreign worker will not harm similarly employed U.S. workers. PERM is not required for every employment based category; many EB-1 cases such as extraordinary ability, outstanding professors and researchers, and multinational managers and executives, as well as EB-2 national interest waiver cases, can be pursued without labor certification.

Buhler Thomas Law handles PERM labor certification filings for employers throughout Utah.

Form I‑140, Immigrant Petition for Alien Worker, is the petition an employer files with USCIS after a PERM labor certification is approved to classify the foreign national in the appropriate employment‑based category and to show that the worker meets the job’s minimum requirements and that the employer can pay the offered wage. Approval of the I‑140 is a critical step because it confirms the worker’s eligibility for the employment-based green card category and allows them to move forward toward filing for permanent residence when their priority date (usually the PERM filing date) is current on the Visa Bulletin. Buhler Thomas Law prepares and files I-140 petitions for employers of all sizes, working closely with both the employer and the employee throughout the process.

A priority date is your place in line for an immigrant visa. In PERM based EB-2 and EB-3 cases, it is usually the date your employer files the PERM labor certification; in EB-1 and EB-2 National Interest Waiver cases, where there is no PERM step, it is generally the date USCIS receives the I-140 petition. Your case cannot move to the final green card stage until that date becomes “current” on the U.S. Department of State’s monthly Visa Bulletin, which can mean long waits for applicants from high demand countries for employment-based green cards such as India and China. Because of this, it is important to understand and track your priority date, and the immigration attorneys at Buhler Thomas Law help clients follow the Visa Bulletin and plan their filings around current and anticipated priority date movement.

When the Department of Labor audits a PERM application, the employer must provide extensive back up documentation showing exactly how recruitment was conducted, what applicants applied, why any U.S. workers were rejected, and that the job requirements and wage comply with DOL rules. If the employer’s audit response is late, incomplete, or inconsistent with the original PERM filing, DOL can deny the PERM labor certification or impose supervised recruitment, which can add many months of delay to the overall employment-based green card process. Having counsel like Buhler Thomas Law prepare and submit the audit response helps ensure the recruitment file, business necessity evidence, and employer statements are properly organized and presented.

EB-2 is the second employment-based preference category, available to professionals with advanced degrees (master’s or higher, or a bachelor’s with at least five years of progressive related experience) and to individuals with exceptional ability in their field. EB-3 is the third preference category and covers skilled workers in positions requiring at least two years of training or experience, professionals with bachelor’s degrees, and certain unskilled workers. EB-2 also includes the National Interest Waiver subcategory, which allows qualifying individuals to self-petition without employer sponsorship or PERM. Buhler Thomas Law can help you identify which category applies to your credentials and offers the most efficient path toward permanent residency in Salt Lake City.

The National Interest Waiver (NIW) is a subcategory of the EB-2 preference that allows highly qualified individuals to self-petition for an employment-based green card without employer sponsorship or PERM labor certification. To qualify, applicants must demonstrate that their work is in a field of substantial merit and national importance, that they are well-positioned to advance that work, and that waiving the standard job offer and PERM requirements would benefit the United States. NIW petitions are commonly pursued by researchers, scientists, engineers, healthcare professionals, academics, and entrepreneurs with a demonstrated record of impact. Buhler Thomas Law can evaluate whether you meet the NIW criteria and help build a strong, well-documented self-petition.

Adjustment of Status is the process for someone already inside the United States to change from a temporary (non-immigrant) status to lawful permanent resident status by filing Form I‑485 to obtain a green card. In most employment based cases, this is done after the employer’s I‑140 petition is approved and an immigrant visa is available based on the worker’s priority date, and many applicants file applications for work authorization and advance parole at the same time. A crucial point is that a person generally should not leave the United States while the I‑485 is pending unless they have approved advance parole or another valid exception, because departing without it can result in the Adjustment of Status application being treated as abandoned. Buhler Thomas Law guides both employers and employees through the adjustment process to ensure filings are complete and timely.

USCIS may deny an employment based green card application for reasons such as mistakes or omissions on forms, missing or weak supporting documents, failure to prove the employee is qualified, the employer’s inability to show it can pay the offered wage, or other eligibility or admissibility problems. A denial can cause serious delay and extra cost, but options like a motion, appeal, or refiling may be available. Working with an experienced immigration attorney in Utah from the outset significantly reduces the risk of avoidable errors. Buhler Thomas Law reviews every filing thoroughly before submission to ensure it is complete and properly documented.

Yes, in most cases. An employee holding a valid work visa — such as an H-1B or L-1 — can generally continue working while their green card application is pending, as long as their underlying visa status remains valid. Employees without an active work visa must obtain an Employment Authorization Document (EAD), which can be requested concurrently with the I-485 filing once a visa is available. Buhler Thomas Law helps both employers and employees coordinate work authorization throughout the employment-based green card process to ensure there are no gaps in employment eligibility.

In many situations, yes, but the rules are technical and depend on where you are in the process. Once your I-485 Adjustment of Status application has been pending for at least 180 days and your I-140 is approved, a law known as AC21 may allow you to “port” your case to a new employer in a same or similar occupational role without starting the entire green card process over. Before the I-485 has been pending 180 days, or if you change to a very different job, changing employers can jeopardize the case and may require a new PERM and I-140. The attorneys at Buhler Thomas Law can review your timeline, job duties, and documentation to determine whether a proposed job change is safe under AC21 portability rules.

If your I-140 is approved but you cannot file you I-485 yet because your priority date is not current, you generally can still change employers, but the new employer will usually need to start a fresh PERM and I-140 process. The good news is that, in many cases, you can keep (or “retain”) your original priority date from the first approved I-140 and use it for the new case, which preserves your place in line even though you changed jobs. Because the impact of an employer’s withdrawal of an I-140 and the timing of your departure can be complicated, it is wise to talk with Buhler Thomas Law before moving to a new position so you do not accidentally lose valuable time you have already accrued.

Employment-based green cards are based on the understanding that you and the sponsoring employer intended a genuine, ongoing, permanent job relationship at the time of approval. There is no fixed rule that you must stay for a specific number of months or years, but leaving very quickly after approval, especially for a very different job, can lead USCIS to question whether you ever intended to work in the sponsored position. While many practitioners recommend staying with the sponsoring employer for at least one year as a conservative approach, the key consideration is whether you had a good-faith intention to work in the sponsored position. Buhler Thomas Law can assess your individual situation and advise you on potential job changes after receiving your green card.

Yes. Employers can run multiple PERM labor certification cases simultaneously. However, each case requires it’s own recruitment process and documentation. Buhler Thomas Law can manage multiple employment-based green card cases for the same employer and help create efficient internal processes for ongoing immigration program needs.

An employee can only work in the United States while waiting for an employment based green card if they have their own valid work authorization; simply filing a green card or I-485 application does not, by itself, give permission to work. Someone who is already in a work authorized status, such as H-1B or L-1, can usually keep working for that sponsoring employer as long as that underlying status remains valid and its conditions are followed, even while the green card case is pending. An employee who does not have an independent work visa must first apply for and receive an Employment Authorization Document through Form I-765, filed with or after the I-485; they cannot legally start or continue working based only on having filed for the green card or for the EAD. Buhler Thomas Law advises employers on employer immigration sponsorship obligations to help companies stay compliant and avoid penalties. If your organization employs or plans to employ foreign national workers in Utah, contact our immigration law firm to discuss how we can support your workforce immigration needs.

Most green card holders who have been lawful permanent residents for at least five years (or three years if married to and living with a U.S. citizen spouse) may be eligible to apply for naturalization. Additional requirements include continuous physical presence in the United States for at least half of the relevant period, physical presence in the U.S. at the time of filing, residence in the USCIS district or state where you are filing for at least three months, good moral character, the ability to read, write, and speak basic English, and a passing score on the U.S. civics test. Buhler Thomas Law assists clients throughout Utah with citizenship and naturalization applications and can advise you on whether you currently meet all eligibility requirements.

If you obtained your green card through marriage to a U.S. citizen and you remain married to and living with that spouse, you may apply for naturalization after three years of continuous permanent residency rather than the standard five years. You may file your N-400 application up to 90 days before you reach the three-year mark. If the marriage ends before you naturalize, the five-year residency requirement applies. Buhler Thomas Law can help you confirm your eligibility date and prepare a complete naturalization application.

Most applicants can file up to 90 days before they complete the required three-year or five-year continuous permanent residence period as long as all other eligibility requirements are met at the time of filing. The three-year rule applies to certain spouses of U.S. citizens who are still living in marital union; otherwise, the five-year rule typically applies. An attorney can help you calculate your exact earliest filing date based on your green card history and travel.

Yes. Certain factors can affect eligibility or create complications in the naturalization process. These include extended absences from the United States that may break continuous residence, any criminal history (even minor offenses) that could affect the good moral character requirement, pending immigration matters or prior immigration violations, and tax filing inconsistencies. Applying for naturalization when one of these issues exists without first addressing it can result in a denial and, in some cases, trigger removal proceedings. Before filing, it is important to have your full history reviewed by an immigration attorney. Buhler Thomas Law can assess your situation and let you know the best time and approach for your citizenship application in Utah.

USCIS charges a filing fee for Form N-400, which sometimes changes, so you should always check the current amount before filing. Some applicants with limited income or certain public benefits may qualify for a fee waiver or reduced fee, but you must file a separate form and provide documentation to show you meet USCIS’s guidelines. An immigration attorney can help you determine the correct fee and whether you may qualify for a waiver or discount.

The naturalization process begins with filing Form N-400 (Application for Naturalization) with USCIS along with supporting documentation and the filing fee. After filing, USCIS will schedule a biometrics appointment to collect fingerprints, then an interview with a USCIS officer who will review your application, conduct an English language assessment, and administer the civics test. If approved at the interview, you will be scheduled for an oath ceremony, the final step, at which you take the Oath of Allegiance and receive your Certificate of Naturalization. The processing time for your case is dependent on the USCIS field office handling your case. Buhler Thomas Law guides clients through every stage of the citizenship process in Salt Lake City and throughout Utah.

The U.S. civics test is administered by a USCIS officer at your naturalization interview. USCIS now uses a bank of 128 possible civics questions covering American history, government, and the rights and responsibilities of citizenship for most applicants who file Form N‑400 on or after October 20, 2025. At your interview, the officer will ask up to 20 of those questions, and you must answer at least 12 correctly to pass the civics portion of the test. The test is oral; the officer asks the questions and you answer verbally, and the officer may stop once you have either answered 12 correctly or 9 incorrectly. USCIS makes all 128 questions and answers, along with study materials, publicly available so you can prepare in advance. Buhler Thomas Law can help you understand which version of the civics test applies to you, what to expect at your interview, and ensure your N‑400 application is complete and accurate before you appear.

Yes. Certain applicants may qualify for exemptions from the English test and special rules for the civics test. If you are 50 or older with at least 20 years as a permanent resident (“50/20”) or 55 or older with at least 15 years as a permanent resident (“55/15”), you are exempt from the English requirement but must still take the civics test, which you may take in your native language with an interpreter. If you are 65 or older and have been a permanent resident for at least 20 years (“65/20”), you receive special consideration on the civics test, including a reduced set of questions. USCIS can also waive both the English and civics requirements for applicants with certain qualifying physical, developmental, or mental impairments. Buhler Thomas Law can help you determine whether any exemptions apply to your naturalization application in Utah.

At your naturalization interview, a USCIS officer will review your completed N-400 application, ask you questions about your background and the information on your application, assess your ability to speak and understand English through the conversation itself, and administer the civics test by asking up to 20 questions from the official 128 question list. You must answer at least 12 correctly. If you fail either the English or civics test at your first interview, you will be given one more opportunity to take the failed portion within 60 to 90 days. Buhler Thomas Law prepares clients thoroughly before their citizenship interview in Salt Lake City to minimize the chance of unexpected issues.

Form N-648 is the Medical Certification for Disability Exception and is used only when an applicant has a qualifying physical, developmental, or mental impairment that prevents them from learning or demonstrating the required English or civics knowledge. The form must be completed by a licensed medical professional who explains how the condition affects learning and test performance, and USCIS carefully reviews these requests. Because these cases can be complex, working with both a medical provider and an immigration attorney is strongly recommended before filing an N-648.

If your U.S. citizenship application is denied, you usually keep your lawful permanent resident (green card) status and can continue to live and work in the United States, unless the denial is based on something serious such as fraud or a criminal issue that also makes you deportable. In most cases, USCIS will explain the reason in a written decision, and you may have the option to request a new review of the case (by filing Form N‑336 for a hearing) or to correct the problem and apply again later when you meet all of the requirements. Buhler Thomas Law can advise on the strongest path forward based on the specific reason for denial. Contact our immigration attorneys in Utah as soon as you receive a denial notice.

Yes. Buhler Thomas Law assists not only individuals seeking their own citizenship but also those helping eligible family members navigate the naturalization process in Utah. Each person’s eligibility depends on their individual immigration history, residency period, and other factors. Contact our immigration attorneys to discuss your family’s specific situation.

Yes, in many cases a child born abroad to a U.S. citizen parent is automatically a U.S. citizen at birth, but it depends on specific rules about the parents’ citizenship, marital status, and the U.S. citizen parent’s prior physical presence in the United States, which vary based on the child’s date of birth. U.S. law allows many children born overseas to U.S. citizen parents to acquire citizenship at birth, but the transmission requirements are technical, and some children instead obtain citizenship later under the Child Citizenship Act after living in the U.S. as permanent residents with their U.S. citizen parent. The best way to confirm your child’s status is to have your situation reviewed and, if eligible, obtain proof of citizenship through a Consular Report of Birth Abroad, a Certificate of Citizenship, or a U.S. Birth Certificate. Buhler Thomas Law can review your situation and advise you on whether your child is already a U.S. citizen or whether steps are needed to document or transmit citizenship. Contact our immigration attorneys in Salt Lake City to discuss.

Under the Child Citizenship Act of 2000, a child born outside the United States automatically becomes a U.S. citizen after birth when all of the following are true at the same time (on or after February 27, 2001): at least one parent is a U.S. citizen (by birth or naturalization, including adoptive parents), the child is under 18, the child is a lawful permanent resident (green card holder), and the child is living in the United States in the legal and physical custody of that U.S. citizen parent. There is no required order for these conditions, but they must all be met together before the child turns 18, and because a person born abroad is presumed to be a noncitizen, the family must be able to provide evidence showing that each requirement is satisfied. Buhler Thomas Law can walk you through what documentation your child will need after you naturalize in Utah.

Yes. Naturalization significantly expands your ability to sponsor family members. As a U.S. citizen, you may file immigrant visa petitions for your spouse, unmarried children under 21, and parents as immediate relatives (no annual cap, no waiting period for a visa). You may also file preference category petitions for your married and unmarried children, and your siblings, though these categories are subject to annual limits and often involve long waiting periods. Buhler Thomas Law can help you understand the full scope of family sponsorship available after naturalization and plan the most efficient path forward for each family member.

U.S. citizenship obtained through naturalization can be lost, but only in limited and specific circumstances. These include voluntarily renouncing U.S. citizenship before a U.S. consular officer, committing certain acts deemed expatriating under U.S. law (such as serving in a foreign military that is engaged in hostilities against the U.S.), or having your naturalization revoked if USCIS determines it was obtained through fraud or misrepresentation. Simply obtaining citizenship in another country does not automatically cause loss of U.S. citizenship in most cases. Buhler Thomas Law can advise you on protecting your status after you naturalize in Salt Lake City or anywhere in Utah.

The United States does not formally recognize dual citizenship as a policy matter, but it does not generally prohibit it either. U.S. citizens who naturalize in another country, or foreign nationals who naturalize in the United States while retaining their original citizenship, may hold dual nationality in practice provided the other country also permits it. U.S. citizens are expected to use their U.S. passport when entering and exiting the United States. The rules and implications of dual citizenship vary significantly by country. Buhler Thomas Law can help you understand the practical implications for your specific situation as part of your naturalization planning in Utah.

In many cases, you can ask to change your legal name as part of your citizenship application by making the request on Form N-400. Whether the change is granted and how it is processed can vary by location, but you can indicate the new name you would like to use when you apply.

The TN visa is a temporary non-immigrant classification that allows certain professionals from Canada and Mexico to work in the United States under the United States–Mexico–Canada Agreement (USMCA), formerly NAFTA. This classification is available only to Canadian and Mexican citizens who have a qualifying job offer from a U.S. employer in a designated TN professional occupation, possess the required degree, license, or credentials for that occupation, and intend to work in the United States on a temporary basis while maintaining non-immigrant intent.

TN classification is limited to specific professional occupations listed in the USMCA schedule, including fields such as accounting, engineering, law, and the sciences, among others. The offered position must clearly correspond to one of these listed professions and require a qualified professional in that field. The applicant must generally hold at least a bachelor’s degree in a related field and, where applicable, any required professional license or certification.

Canadian citizens may apply for TN status directly at a U.S. port of entry, including land border crossings, preclearance locations, or airports, by presenting proof of citizenship, an employer support letter, and evidence of their qualifications. Alternatively, a U.S. employer may file a petition with USCIS to request a change or extension of TN status from within the United States.

Mexican citizens are generally required to apply for a TN visa at a U.S. consulate or embassy before seeking admission at a port of entry. If a Mexican national is already in the United States in another valid non-immigrant status, a U.S. employer may, in many cases, file a petition with USCIS to request a change of status to TN classification without requiring the individual to depart the country.

TN classification generally does not permit self-employment. Individuals may not use TN status to establish or operate their own business in the United States or to work for an entity they own or control. A valid TN arrangement requires a bona fide employer-employee or qualifying professional relationship with a separate U.S. employer or client within a listed TN occupation.

TN status is typically granted for periods of up to three years and may be extended in additional three-year increments, provided that the employment remains temporary and all eligibility requirements continue to be met. Individuals in TN status may change employers or hold concurrent TN positions; however, each employer must independently obtain TN authorization, and employment with a new employer may not begin until the corresponding TN approval has been granted.

Spouses and unmarried children under the age of 21 may qualify for TD (Trade Dependent) status to accompany or follow the principal TN worker. TD dependents are not authorized to work in the United States but may attend school. TN visa holders may travel internationally and seek reentry in TN status, although travel can present risks if certain applications are pending. Because TN classification does not permit dual intent, pursuing permanent residence while in TN status requires careful planning and coordination with an experienced immigration attorney.

If a TN application is denied, the adjudicating officer will typically provide a reason for the decision, which may include insufficient documentation, a mismatch between the job duties and a listed TN profession, concerns regarding the applicant’s qualifications, or doubts about temporary intent. In many cases, applicants may address the deficiencies, strengthen the supporting evidence, and reapply. However, repeated denials or more serious issues—such as misrepresentation or prior immigration violations—can negatively impact future eligibility, making it advisable to consult with an immigration attorney before reapplying.