Immigration Index

AC-21 (H-1B Portability):

The American Competitiveness in the 21st Century Act of 2000 (“AC-21”) was a law passed by Congress that created H-1B “portability.” This law allowed certain individuals who were in valid H-1B status with one company to begin employment with a new company, upon the filing of a new H-1B petition, rather than waiting for the new petition to be approved, provided that:

(A) The individual was lawfully admitted into the U.S.;

(B) The new company filed a non-frivolous H-1B petition for new employment before the expiration date of the individual’s authorized H-1B period of stay; and

(C) After admission, the individual was employed under valid work authorization.

AC-21 (I-485 Portability):

Under the American Competitiveness in the Twenty-first Century Act of 2000 (AC-21) law passed by Congress, in some circumstances, foreign nationals whose I-485 Adjustment of Status applications have been pending for at least 180 days may change employers and work for another employer in the "same or similar occupation" without abandoning their adjustment of status application.* Previously, the law required foreign nationals to continue to work for the employer who petitioned their "permanent resident status" until that petition was approved or until the foreign national obtained an immigrant visa at a consular post abroad.

Currently, USCIS is limiting portability to cases where the underlying I-140 petition filed by the original sponsoring employer was approved prior to the applicant "porting" to another company. For example: Company A files an I-140 petition for Employee and concurrently files an I-485 application. Employee "ports" to Company B after the I-485 application has been pending 180 days but not before I-140 filed by Company A is approved. USCIS will take the position that Employee was not eligible to port and will likely deny the I-485 application.

"Same or similar occupation" is also currently undefined by USCIS. If USCIS determines a job is not "same or similar," the I-485 application may be denied.

* Note that AC21 does not provide for green card portability for consular processing applicants — only adjustment of status applicants are protected. Thus, foreign nationals applying for their green card through consular processing whose applications have been pending for more than 180 days are not eligible for portability.

Address Change:

USCIS requires that all non-citizens notify them of a change of address within 10 days of moving. You can use this link to report your change of address online. Failure to notify USCIS of your address change can carry severe immigration consequences.

Adjustment of Status (AOS):

Adjustment of Status occurs when a foreign national applies for legal permanent residence in the U.S., or what is commonly referred to as a "green card."The application associated with AOS is Form I-485, Application to Register Permanent Residence or Adjust Status. The form can be found on the USCIS website here:

Advance Parole:

Advance Parole is a travel document for individuals who are in the process of adjusting their status (applying for a green card). Rather than having to use a visa, the advance parole document allows an applicant who is currently waiting for their I-485 application to be processed by USCIS to reenter the U.S. after foreign travel.

Use of an Advance Parole can affect a foreign national's underlying nonimmigrant status, depending on the specific situation. As there are pros and cons for using an advance parole document, each individual should consult their immigration attorney.

Application Support Centers:

Some applications to USCIS, such as the N-400 Naturalization and I-485 Application to Register Permanent Status or Adjust Status, require the applicant submit fingerprints for FBI background checks and other biometrics (single fingerprint, signature, picture). This service is completed at a designated USCIS Application Support Center (ASC).

B-1 (Business) Visa:

Business people who are entering the U.S. for a limited time (one year or less) must prove to consular and border officials that they are entering the U.S. temporarily for approved business purposes.

B-1 visa holders are not permitted to engage in employment in the U.S. nor may the B-1 visa holder engage in work as a freelancer or independent contractor. Please note: Visitors from many countries can enter the U.S for 90 days without a visa under the “Visa Waiver” Program. Business visitors who enter the U.S. through the Visa Waiver Program remain subject to the same restrictions as B-1 visa holders.

All nationals and citizens of Visa Waiver Program (VWP) countries are required by law to obtain a travel authorization prior to traveling to the U.S. under VWP. This authorization may be obtained online through the Electronic System for Travel Authorization (ESTA), a free Internet application administered by the Department of Homeland Security (DHS).

Citizenship:

Legal permanent residents who wish to become U.S. Citizens must apply for naturalization using Form N-400. The benefits of citizenship include being able to vote in general, state and local elections, having higher priority in sponsoring foreign family members to the U.S. and other benefits.

A detailed guide to the naturalization process is available here.

Civil Surgeons, USCIS Approved:

A medical examination by a USCIS-approved physician is required when applying for adjustment of status. USCIS provides a civil surgeon locator here.

Consular Processing:

Along with Adjustment of Status, Consular Processing is the other way to apply for Legal Permanent Resident status in the U.S.. Consular Processing can also refer to nonimmigrant visa application processing. More information can be found on the USCIS website.

Consulates and Embassies (Foreign) in U.S.:

The U.S. Department of State provides a website to search for foreign embassies and consulates located inside the U.S.

Consulates and Embassies of U.S. Abroad:

Consulates are offices of the U.S. State Department that provide governmental services, including visa processing for foreign national applicants wishing to enter the U.S.. Embassies provide the same and more comprehensive services in addition to housing the office of the U.S. Ambassador to that country.

The U.S. Department of State provides a list of U.S. Embassies and Consulates around the world online.

Department of Homeland Security (DHS):

The U.S. Department of Homeland Security (DHS) was formed after September 11, 2001 in order to protect the U.S. Creation of DHS involved reorganizing and repurposing multiple portions of the government that previously oversaw immigration, naturalization and border issues.

DHS now oversees the U.S. Citizenship and Immigration Services (USCIS), a division that handles all immigration related matters; U.S. Customs and Border Protection (CPB), a division that tracks the entry and exit of travelers and products into and out of the U.S.; and U.S. Immigration and Customs Enforcement (ICE), a division that investigates and enforce customs and immigration laws within the U.S.

Diversity Visa Lottery (Green Card Lottery):

The Diversity Visa Lottery is a means for qualified foreign nationals to enter and win a chance of obtaining an immediate visa number to apply for legal permanent residence (commonly known as a “green card”) in the U.S.

The Diversity Visa Lottery is overseen by the U.S. Department of State. The annual lottery awards up to 50,000 immigrant visas to people from countries with low rates of immigration to the U.S.. There are strict eligibility requirements to enter the lottery.

Driver’s License Requirements:

Foreign nationals living in the U.S. who wish to apply for a driver’s license to operate a motor vehicle must check with their local state Department of Motor Vehicle (DMV) to obtain more details on requirements for applying for a driver’s license. USCIS has provided a list of all state DMVs here.

DS-160:

The U.S. Department of State requires all visa applicants to complete Form DS-160 online when applying for a visa application. Form DS-160 is submitted electronically to the Department of State via the Internet. Consular Officers use the information entered on the DS-160 to process the visa application and, combined with a personal interview, determine an applicant’s eligibility for a nonimmigrant visa.

Note that Form DS-160 has replaced all old Forms DS-156, 157 and 158. The form, along with FAQs, can be found here.

E-2 Treaty Investor:

The E-2 visa classification enables a foreign national to temporarily work and live in the U.S. as a result of directing or developing an enterprise in which he or she has invested, or is actively involved in the process of investing, a substantial amount of capital. One of the major qualifications for this visa category requires that the foreign national come from a country that has signed a commercial treaty with the U.S. The U.S. Department of State also outlines other requirements here.

E-3 Visa:

This non-immigrant visa category enables an Australian citizen to temporarily live and work in the U.S. After obtaining a certified Labor Condition Application from the Department of Labor, an E-3 visa application can be made directly at a U.S. consulate without first having to obtain approval from the U.S. USCIS. The E-3 visa is similar to an H-1B, with three important exceptions:

Workers in the U.S. on E-3 may not have “immigrant intent,” meaning they may not apply for green cards and must intend to return to Australia when their status expires;
Spouses of E-3 workers may apply for employment authorization; and
There are only 10,500 “visa numbers” set aside per year for this status.

E-Verify:

E-Verify is an online system enabling U.S. employers to verify the Social Security numbers of new employees hired. Employers using the system provide the Department of Homeland Security (DHS) and the Social Security Administration (SSA) essentially the same information they now enter on the paper version of Form I-9.

USCIS provides an FAQ on E-Verify here.

Pearl Law Group has extensive FAQs and other information available regarding E-Verify, including in-depth guides to registering for and using the E-Verify system. Please contact us at to request more information on the E-Verify.

Employment Preference System (EB-1, EB-2, EB-3, etc.):

Applying for an immigrant visa petition based on work involves several options, broken down into an employment preference system. Each year, the U.S. Department of State allots 140,000 employment-based visas to immigrants according to their qualification in each of the five preference categories:

First Preference (EB-1): Priority workers—up to 40,000 per year. People who have “extraordinary ability” or who are “outstanding professors and researchers” and “certain multinational executives and managers” fall into this category. In addition, any numbers left over from the fourth and fifth preferences (below) can be added to this category.

Second Preference (EB-2): Members of the professions holding advanced degrees or aliens of exceptional ability—up to 40,000 a year (plus any numbers left over from EB-1). This category includes workers with applicable degrees higher than a Bachelor, “exceptional ability aliens,” and certain workers who obtain a waiver of the labor certification requirement because their work is “in the national interest.”

Third Preference (EB-3): Skilled workers, professionals and other workers—up to 40,000 a year (plus any numbers left over from the first and second preferences). The other workers category (5,000 per year) covers workers who are “capable of performing unskilled labor,” and who are not temporary or seasonal. Skilled workers must be capable of performing skilled labor requiring at least two years training or experience. Professionals must have an applicable Bachelor’s degree.

Fourth Preference (EB-4): Certain special immigrants, including ministers, religious workers, former U.S. government employees and others—up to 10,000 a year.

Fifth Preference (EB-5): Investors—up to 10,000 a year. To qualify, persons must have between $500,000 and $3 million to invest in a job-creating enterprise in the U.S. At least 10 U.S. workers must be employed by each investor. The amount of money can vary depending on which area of the country will benefit from the investment. If the investor fails to meet the conditions specified, s/he can lose permanent resident status.

ESTA:

All nationals and citizens of Visa Waiver Program (VWP) countries are required by law to obtain a travel authorization prior to traveling to the U.S. under the VWP. This authorization may be obtained online through the Electronic System for Travel Authorization (ESTA), a free Internet application administered by the Department of Homeland Security (DHS).

Extraordinary Ability:

Extraordinary Ability refers to either a:

(EB-1) First Preference Employment-based Immigrant Petition (EB-1) to enable a foreign national to live and work permanently in the U.S.; or
(O-1) Non-Immigrant Visa Petition to enable a foreign national to live and work temporarily in the U.S.
The standards for both categories are very high and require substantial documentation of the individual’s international acclaim in the field of expertise.

F-1 Visa:

The F-1 Visa allows a foreign national to temporarily live in the U.S. and pursue a full course of study in an approved educational program. Temporary work authorization may also be allowed but certain restrictions must be met in order to qualify.

Global Visas, Work Permits & Residency:

Every country has unique requirements for foreign nationals to travel, work and live in the country. To ensure full compliance with immigration regulations worldwide, please contact contact us to get up-to-date information on the country you are interested in.

Green Card Renewal:

A permanent resident who was issued a Permanent Resident Card (Form I-551), valid for ten is required to renew their card within six months prior to expiration.

Persons within the U.S. who are in possession of an expired Permanent Resident Card and have not filed an application to renew should do so immediately. There is no penalty for filing a renewal application late but it is critical that individuals always maintain valid documentation of their legal status in the U.S.

Persons outside the U.S. whose Permanent Resident Card will expire within six months (but who will return within one year of their departure from the U.S. and before the card expires), should file for their renewal card as soon as they return to the U.S.

Permanent residents who are outside of the U.S. at the time of the card’s expiration and have not applied for the renewal card prior to their departure should contact the nearest American Consulate, USCIS office or Port of Entry before attempting to renew their card.

More information is available at the USCIS website.

H-1B and H-1B1 Visas:

The H-1B visa category enables a foreign national to temporarily live and work in the U.S. in a specialty occupation for a U.S. company. A specialty occupation is one which requires at least a Bachelor’s degree. The foreign national must have obtained a U.S. Bachelor degree or its equivalent in a field related to the specialty occupation. This visa allows up to a maximum of six years stay in H-1B status with some exceptions and is limited to an annual quota of 65,000, with an additional 20,000 for graduates of U.S. advanced degree programs.

Citizens of Chile and Singapore have each been granted a special H-1B1 visa quota for their countries, respectively, as a result of reciprocal treaties with the U.S. Qualifications for Chileans and Singaporeans vary slight from the regular H-1B visa.

Dependent spouses and children are granted H-4 visas for the duration of the principal visa holder’s valid stay but are not eligible for independent work authorization.

I Visa:

The I visa category is reserved for representatives of the foreign media, including members of the press, radio, film or print industries, whose activities are essential to the foreign media function, such as reporters, film crews, editors and persons in similar occupations, traveling to the U.S. to engage in their profession.

I visa applicants may also include accredited representatives of tourist bureaus that are controlled, operated or subsidized in whole or in part by a foreign government, who engage primarily in disseminating factual tourist information about that country, and who are not entitled to A-2 visa classification. Employees in the U.S. offices of organizations, which distribute technical industrial information, may also be eligible for I visas.

Spouses and/or children under the age of 21 who wish to accompany or join the principal media visa holder in the U.S. for the duration of his/her stay require media visas (derivative I visas) but are not allowed to work in the U.S.

I-9 Verification Process:

All U.S. employers are required to complete and retain a Form I-9 for each individual they hire for employment in the U.S., including foreign nationals, legal permanent residents and U.S. citizens. This form is used as a means to ensure the identity of each individual and that they are legally authorized to work in the U.S.

Many software tools are available for employers to complete Form I-9 and verify social security numbers online utilizing the E-Verify system.

I-94 Card:

The I-94 Arrival/Departure Card is issued to a foreign national upon admission into the U.S. The dates indicated on this record dictate how long a foreign national may live and/or work in the U.S. Copies of the I-94 card should be kept in a safe place.

For issues involving I-94 card not being issued, issued with improper dates, issued with an improper visa category, or for lost cards, please contact us for assistance.

Immigrant Visa:

Before an individual can apply for U.S. Permanent Residency (Green Card), they must obtain an immigrant visa. Immigrant visas are typically sponsored by either a prospective (or current) employer, or a U.S. Citizen or Permanent Resident relative. Further information on immigrant visas can be found here.

Immunization Requirements:

All foreign nationals who wish to apply for a U.S. immigrant visa may be required to obtain certain vaccinations prior to the issuance of an immigrant visa. Vaccinations may be required against such diseases as Hepatitis A, Hepatitis B, Measles, Mumps, Polio and others.

Panel physicians who conduct medical examinations of immigrant visa applicants verify that immigrant visa applicants have met the immunization requirements. They also may determine whether it would be medically inappropriate for the visa applicant to receive one or more of the vaccinations.

More information about immunization requirements for immigrant visa applicants is available from the U.S. Department of State website.

InfoPass:

InfoPass is a free, internet based system that can be used by foreign nationals who may require immigration assistance, to schedule an appointment to speak with an immigration officer at a local USCIS Field Office nearest them.

Appointments for InfoPass can be made online.

J-1 Visa (Exchange Visitor):

This non-immigrant visa category allows foreign nationals to temporarily live and work in the U.S. based on an exchange program (reciprocal exchange in the foreign national’s home country).

Some participants in J-1 programs are subject to a requirement that they return to their home country for two years following completion of their programs. Waivers of this requirement are difficult, but not impossible, to obtain. Those subject to this two year foreign residency requirement are those 1) who obtained money from either their home government or the U.S. government; 2) whose occupation is listed on the list of shortage skills for their country (click here); or 3) are coming to the U.S. to obtain graduate medical education or training.

K Visa:

The K visa is a non-immigrant visa category that enables the fiancé of a U.S. Citizen to apply for a visa to be united with their fiancé in the U.S. and also apply for a visa petition and adjustment of status. Foreign national fiancés holding K visas must marry within 90 days of U.S. entry. Children of the foreign national fiancé may also accompany them to the U.S.

The U.S. government defines a spouse as a legally wedded husband or wife. Merely living together does not qualify a marriage for immigration. Common-law spouses may qualify as spouses for immigration, but only if the laws of the country where the common-law marriage occurs recognize common-law marriages and grants them all the same rights and obligations as a traditional marriage. In cases of polygamy, only the first spouse may qualify as a spouse for immigration.

L-1 Visa:

The L-1 visa category enables foreign nationals to temporarily live and work in the U.S. who have already previously been working as managers, executives, or specialized knowledge employees of foreign companies who have a parent, branch, affiliate or subsidiary office in the U.S. The foreign employment must equal one full year within the three years preceding application for L-1 admission. L-2 dependent spouses may apply for employment authorization in the U.S. while accompanying their L-1 spouses. Copyright © 2011 Pearl Law Group. All rights reserved.

Labor Certifications (PERM):

In order to qualify for an immigrant visa number under the Second (EB-2) and Third (EB-3) Preference categories for immigrant visa petitions, a U.S. employer must undergo extensive recruitment processes that satisfies the PERM standards laid out by the U.S. Department of Labor.

The PERM process is detailed online. Because of the complexity of the PERM program, we highly encourage you to contact us for more up-to-date information.

Labor Condition Application (LCA):

The Labor Condition Application (LCA), not to be confused with Labor Certification Application (PERM), is a required part of the H-1B, H-3, and E-3 processes. It is an electronic filing made with the Department of Labor to verify that the petitioner is paying the prevailing wage for the H-1B position, usually according to the Department of Labor’s surveys, though exceptions may apply. In filing an LCA, an employer attests, among other things, that it has posted notice of the LCA, including the actual and prevailing wages, in at least two places at the worksite.

Layoffs:

Layoffs have a variety of affects on the legal status and work status of foreign nationals depending on where in the immigration process they may be.

We encourage you to contact us for a consultation to assess your options in the event of a layoff.

M-1 Visa:

M-1 visa category is a temporary visa reserved for foreign nationals who want to study in the U.S. for more than 18 hours a week as part of a non-academic or vocational study or training. (Those going to the U.S. primarily for tourism, but who also want to take a short course of study of less than 18 hours per week, may be able to do so using a visitor visa.)

Applicants who wish to engage in academic studies in the U.S. at an accredited U.S. college or university or to study English at a university or intensive English language institute should apply for an F-1 student visa instead.

Machine Readable Passports:

The term “machine-readable passports” as used by the U.S. Department of Homeland Security (DHS) refers to passports containing two lines of printed machine-readable data that can be swiped by U.S. Customs and Border Protection (CBP) officers to confirm the passport holder’s identity and other information typically located on the passport’s inside cover. Since June 26, 2005, DHS has required machine-readable passports of all travelers from Visa Waiver Program (VWP) countries who are seeking to enter the U.S. without a visa.

As of 2011, there are 36 countries participating in the Visa Waiver Program. You can find out if your country is on this list of VWP countries and to read more about machine-readable passports here.

Marriage to a U.S. Citizen

A bona fide marriage to a U.S. Citizen carries the benefit of expediting the Green Card process. Foreign nationals who marry a U.S. Citizen are immediately eligible to apply for permanent residency. Applicants who are married for less than two years at the time of the Green Card application, will be granted a two-year conditional residency. At the end of the two-year period, provided the applicant can verify the validity of the marriage, the conditions will be removed and a 10-year Green Card will be issued.

Multinational Managers and Executives

Intracompany managers and executives who have previously worked for a foreign parent, affiliate, subsidiary, or branch office of the U.S. employer, in a managerial or executive capacity are eligible for fast-track Green Card processing as an EB-1 candidate. The requirements are:

Employment for at least 1 year within the 3 years preceding admission to the U.S. with a foreign parent, affiliate, subsidiary, or branch office of the U.S. company;
The prior employment must have been in a managerial or executive capacity; and
The U.S. employment must be in a managerial or executive capacity.

National Interest Waiver (NIW):

The National Interest Waiver refers to the Second-Preference Employment-Based (EB-2) category.

An individual who possesses an Advanced Degree OR meets the government standard for “Exceptional Ability”, AND whose work can be deemed in the “National Interest” of the government may apply for U.S. permanent residence. This category exempts the individual from the Labor Certification (PERM) requirement (test of the labor market through open market advertising for available U.S. workers).

National Visa Center (NVC):

The U.S. Department of State’s National Visa Center (NVC) is located in Portsmouth, New Hampshire. The NVC processes all permanent immigrant visa applications that have been approved by USCIS and have been indicated to receive “consular processing” on the petition form.

The NVC serves as a liaison between the applicant seeking U.S. permanent residence and the designated U.S. Embassy or Consulate that will eventually review the final permanent residence application abroad.

Naturalization

Naturalization is the process in which foreign nationals can obtain U.S. Citizenship. With some exceptions, the general requirements are status as a U.S. Permanent Resident (Green Card holder) for at least five years, and physical presence in the U.S. for at least half that time.

If you have questions concerning your eligibility for naturalization, please contact your immigration attorney.

O-1 Visa:

Reserved for foreign nationals demonstrating extraordinary ability in their field of expertise, the O-1 visa can be issued for an initial period of three years and extended indefinitely in one-year increments, provided the foreign national and employer demonstrate the temporary nature of the employment. O-1 visa holders should not possess immigrant intent.

Dependent spouses and children can be granted O-3 visa status for the duration of the principal O-1 visa holder’s valid period of stay but are not eligible for independent work authorization.

Optional Practical Training (OPT):

Students who enter the U.S. to pursue a degree program may qualify for a one-year period of optional practical training (OPT) during or after their program is completed. Students should discuss this option with their school’s international student advisor’s office.

Extensions of a student’s OPT is allowed in two circumstances. If a student has a STEM (Science, Technology, Mathematics and Technology) major, an extension of an additional 17 months is available if the employer is enrolled in E-Verify. Another circumstance is when an employer files a petition for an F-1 student on OPT to change status to H-1B. In this case, an F-1 student’s OPT can be extended under “cap-gap” relief provided the following has occurred:

An employer files an H-1B Change of Status petition with a start date of October 1;
The H-1B petition is filed before the current OPT period expires; and
The H-1B petition is receipted for processing by USCIS.

The F-1 student’s OPT period will be extended, and a new Form I-20 issued, until a final decision is made on the H-1B petition. If the H-1B petition is approved, the OPT period will be extended until October 1.

Outstanding Researcher Visa:

The Outstanding Researched is a subcategory of the first Preference Employment-Based (EB-1) category.

Outstanding Researchers and Professors are considered priority workers, which are exempt from Labor Certification requirement (test of the labor market through open market advertising for available U.S. workers).

The classification is applicable to scholars, researchers and professors who meet certain specific criteria evidencing their noteworthy research or teaching contributions. Because of the complexity of this category, please contact us for up-to-date developments on the requirements and strategies.

P Visas:

The P visa is a visa category reserved for foreign nationals who wish to live and work in the U.S. temporarily while conducting the following:

P-1 classification applies to individual or team athletes, or members of an entertainment group that are internationally recognized.

P-2 classification applies to artists or entertainers who will perform under a reciprocal exchange program.

P-3 classification applies to artists or entertainers who perform under a program that is culturally unique.

Premium Processing:

USCIS has enabled certain immigration petitions to be reviewed in an expedited manner. By paying an additional $1,225 (as of January 2011) to USCIS along with the relevant petition, a petitioner may request the petition be “Premium Processed” so that the petition is reviewed by USCIS within 15 calendar days from the day the petition was received.

Student & Exchange Visitor Information System (SEVIS):

The Student and Exchange Visitor Information System was initiated in 2003 to track and monitor the status and activities of nonimmigrant students (F visa and M visa students), along with exchange visitors (J visa holders). SEVIS is a web-based system managed by the Student and Exchange Visitor Program, which is administered by U.S. Immigration and Customs Enforcement (ICE). SEVIS collects information on nonimmigrant students, exchange visitors, approved schools and exchange visitor program sponsors. This information is available to a number of government agencies.

Here is the link to ICE’s comprehensive series of FAQs on the SEVIS program.

TN Visa:

The TN visa category allows citizens of Canada and Mexico to hold professional employment in the U.S. in certain industries of work. Self-employment is not permitted.

The TN visa may be initially obtained for up to three years and may be renewed indefinitely (provided that the foreign national maintains sufficient ties to his or her home country).

Canadian citizens applying for TN status may present their applications for admission to Customs and Border Protection (CBP) inspectors at the ports of entry into the U.S. or U.S./Canada land-border posts. Mexican citizens must file an application for a TN visa at a U.S. consular post.

Foreign nationals wishing to apply for or extend their TN status may submit a petition with USCIS.

Travel Warnings & Alerts:

The U.S. Department of State regularly issues travel warnings and alerts for various countries. Travelers should check this site and plan accordingly.

US-Visit Program:

The US-Visit program was designed by the U.S. Department of Homeland Security to increase security at U.S. borders through the collection of biometric identification of foreign nationals who enter and exit the U.S. You can read more about this program here.

USCIS Forms and Fees:

USCIS provides detailed information regarding each form and any mandatory government filing fee for all of its petitions and applications. More information may be found here.

USCIS Processing Centers:

USCIS currently has service centers around the country that each process different types of petitions and applications depending. Processing times are available here.

California Service Center
National Benefits Processing Center
Nebraska Service Center
Texas Service Center
Vermont Service Center

Visa Quotas and Bulletin:

The U.S. Department of States set annual quotas for the number of visas each preference categories receive for employment-based and family-based visas. The visa quotas are mandated by statute based on country and category. The quotas are published in the Visa Bulletin, which is updated monthly.

Quotas are tabulated by the Department of State based on the numbers of documentarily qualified applicants applying primarily in the numerically limited family- and employment-based visa categories.

Visa Waiver Program:

The U.S. participates with 36 other countries (as of January 2011) in the Visa Waiver Program. This allows travelers of these participating countries to visit as tourists without having to apply for a visitor visa. International visitors must first register through ESTA in order to travel on the Visa Waiver Program to the U.S.

Since June 26, 2005, DHS has required machine-readable passports of all travelers from Visa Waiver Program (VWP) countries who are seeking to enter the U.S. without a visa.

You can find out if your country is on this list of VWP countries here.