Questions
Everything people ask us
How we work, what it costs, how long it takes - and the questions that come up for each visa. If yours is not here, ask us directly.
Working with PassRight
Who does what, and what you can expect from us.
You will work with a case manager from PassRight and a licensed, experienced immigration attorney from our dedicated partner law firm, the Law Offices of Jacob J. Sapochnick. We structure it this way deliberately: a clear separation of responsibilities keeps each side accountable and lets you get the best of both, dedicated case management and dedicated legal counsel.
PassRight, your operations team – keeps your case organized and moving forward. We coordinate document collection according to your attorney's strategy, manage timelines, and maintain structured communication, so nothing falls through the cracks.
Law Offices of Jacob J. Sapochnick, your legal team – holds full legal responsibility for your case. The firm defines the legal strategy, prepares your filings, and represents you before USCIS and any other relevant government agency.
We're with you from the first conversation about strategy through your interview at the US embassy, and everything in between. That includes:
- Working with your attorney to turn legal strategy into a concrete, step-by-step action plan
- Coordinating document collection and keeping you on track without the stress of managing it yourself
- Supporting your attorney's preparation and filing of your petition
- Tracking your case after it's submitted to USCIS and flagging updates the moment they happen
- Preparing you for your interview at the US embassy, alongside your attorney, when your case requires one
Wherever you are in the process, you have a PassRight case manager working alongside your attorney, so no stage is yours to figure out on your own.
Our biggest differentiators are simple to describe and hard to copy: real customer care, and a product built to match it. Every client works with a dedicated case manager who is genuinely invested in the outcome, not a ticket number moving through a queue, and an experienced immigration attorney from our partner law firm who holds themselves to that same standard, so you're cared for by the same attorney throughout your case rather than starting over with someone new each time.
Our clients' reviews consistently point to exactly this: they felt cared for, and they always knew what was happening with their case.
You can. With us, you get the same attorney-led legal work, plus a team whose only job is to keep your case organized and moving, so you are never left wondering what happens next.
Timeline
How long each stage really takes.
It depends on the visa. Based on our experience, an O-1 or E-2 case typically takes about 3 to 6 months from start to finish, including preparation and the government's own processing time. Once your evidence is complete, your attorney generally needs about two weeks to prepare the final petition. In practice, the pace of the case is usually set by document collection on your side, so the sooner your evidence is in, the sooner your petition goes out.
A Green Card case runs on a longer timeline: typically around 1.5 to 2 years from start to finish, including preparation and USCIS processing.
It depends on your visa and how quickly your documents come together. Strategy usually takes about a week, and petition preparation about two weeks once your documents are ready.
Government times are set by USCIS and the consulate. Your attorney gives you a realistic timeline at the start.
Cost
What you pay us, and what the government charges separately.
Our fees, covering both the attorney's legal work and PassRight's case management, range from $7,500 to $11,500, depending on the visa category and the complexity of your case.
This does not include USCIS government filing fees, which are paid separately and set by the government rather than by us. For an O-1, for example, government fees currently range from roughly $830 to $3,795, depending on factors like company size and whether you choose premium processing. You can see a full breakdown by visa type on our pricing page.
RFEs and denials
What happens when USCIS pushes back.
Your attorney reviews the reason for the denial in detail, and from there, you and your attorney decide on next steps together, whether that means refiling promptly with a stronger case, building additional evidence before submitting a new petition, or another route entirely, depending on what the denial actually says. This is a decision we make as a team, not one you're left to figure out alone.
A Request for Evidence is common and does not mean your case will be denied. Your attorney reviews it and prepares the response with you.
If a case is denied, your attorney explains why and what your options are, such as filing again or an appeal.
O-1 visa
Not in the strict sense: USCIS requires a petitioner. In practice this is less of a barrier than it sounds. If you have your own U.S. company, it can be the petitioner, even if you are the founder and majority owner. If you work with several clients, an agent can petition for you and cover multiple engagements in one filing. The right structure depends on your situation, and it is one of the first things we settle with the attorney at the start of your case.
Either one major internationally recognized award, or at least three of the eight USCIS criteria. Most cases rely on the three-of-eight route, and the strongest petitions typically document four or five criteria rather than stopping at three. This gives the officer room to disagree on one and still approve. A common surprise for clients is that criteria like a critical role at a respected organization or pay above the norm in your field count just as much as press or awards. Our free evaluation done by the attorney tells you which criteria your record already meets and which ones are within reach.
They cover different fields and are judged by different criteria. O-1A is for sciences, business, education and athletics, so founders, engineers, researchers, executives and athletes file here. O-1B is for the arts, film and television, so musicians, designers, directors, actors and visual artists file here. Some profiles sit on the border, for example a creative director at a tech company or a game designer, and choosing the right category can change how strong the case looks. If your field is not obvious, the attorney will advise which one gives you the better position.
Yes. Your spouse and unmarried children under 21 receive O-3 visas that follow your O-1, with the same validity period and extensions. They can live in the U.S., children can attend school. The one limitation is work for your spouse: O-3 holders cannot be employed. If your spouse wants to work, we look at whether they qualify for a visa of their own, or whether a Green Card path, where the spouse does get work authorization, should come sooner in your plan.
The initial period is up to three years, tied to the work described in your petition. After that you can extend in one-year increments for as long as the work continues, with no limit on the number of extensions. Extensions are usually simpler than the first petition because your qualifications are already established; the filing focuses on showing the work is ongoing. If you change employers or start a new venture, you need a new petition rather than an extension, so it is worth telling the attorney early when plans change.
Not automatically, but it is one of the best starting points for one. The evidence you build for an O-1 (press, judging, contributions, critical role) is the same evidence USCIS looks for in an EB-1A or EB-2 NIW Green Card. Many of our clients file the O-1 first to start working in the U.S. within months, then file EB-1A or NIW while already living there.
EB-1A green card
It means you are your own sponsor. You file the petition (Form I-140) on your own behalf, with no employer, no job offer, and no labor certification.
You only need to show that you plan to keep working in your field in the U.S. You are free to change jobs, start a company, or work for yourself along the way.
The EB-1A has two steps.
Step 1: the I-140 petition. – USCIS decides whether you qualify as a person of extraordinary ability. With premium processing, an optional paid service, USCIS acts within 15 business days. Without it, this step typically takes several months.
Step 2: the Green Card itself. – Once your I-140 is approved and your priority date is current, you apply for the Green Card. If you are in the U.S., this is Adjustment of Status (Form I-485), filed with USCIS. If you are abroad, it is the immigrant visa process, through the National Visa Center and an interview at a U.S. consulate. This step usually takes several months, depending on where you file.
For most countries, EB-1 priority dates are current or close to it, so step 2 can start soon after approval. For some countries, such as India and China, there is a wait. The firm checks the latest Visa Bulletin and gives you a realistic timeline.
Yes. Your spouse and unmarried children under 21 can receive Green Cards as part of your case.
They do not need to meet the EB-1A criteria or show any achievements. They need to prove the family relationship, with a marriage or birth certificate, and go through the standard steps everyone completes: a medical exam and background checks. If a child is close to turning 21, tell your attorney early; in some cases the law protects their eligibility.
Yes, you can reapply. There is no waiting period and no limit on how many times you can file. A past denial does not ban you.
What matters is fixing what went wrong. Your attorney reads the denial notice, sees which criteria or points USCIS questioned, and strengthens that evidence before filing again. In some cases a motion or an appeal is an option instead, but these have short deadlines, usually about 30 days, so share the notice as soon as you can.
Your place in the Green Card line. For the EB-1A, it is the date USCIS receives your petition.
Every month the Department of State publishes the Visa Bulletin, which shows whose priority dates can move forward, by category and country. When your date is current, you can take the final Green Card step. A good detail to know: once your petition is approved, you can usually keep that priority date even if you file another Green Card petition later.
EB-2 NIW green card
It means you are your own sponsor. You file the petition (Form I-140) on your own behalf, with no employer, no job offer, and no labor certification. That is what the national interest waiver waives.
You only need to show that you plan to keep working on your proposed work in the U.S. You are free to change jobs, start a company, or work for yourself along the way, as long as you stay on that path.
The EB-2 NIW has two steps.
Step 1: the I-140 petition. – USCIS decides whether you qualify for EB-2 and whether your work meets the national interest test. With premium processing, an optional paid service, USCIS acts within 45 business days. Without it, this step typically takes several months.
Step 2: the Green Card itself. – Once your I-140 is approved and your priority date is current, you apply for the Green Card. If you are in the U.S., this is Adjustment of Status (Form I-485), filed with USCIS. If you are abroad, it is the immigrant visa process, through the National Visa Center and an interview at a U.S. consulate. This step usually takes several months, depending on where you file.
Unlike EB-1, EB-2 priority dates often have a wait, and it changes month to month. It is longest for countries such as India and China. The firm checks the latest Visa Bulletin and gives you a realistic timeline.
Yes. Your spouse and unmarried children under 21 can receive Green Cards as part of your case.
They do not need a degree or any achievements of their own. They need to prove the family relationship, with a marriage or birth certificate, and go through the standard steps everyone completes: a medical exam and background checks. If a child is close to turning 21, tell your attorney early; in some cases the law protects their eligibility.
Yes, you can reapply. There is no waiting period and no limit on how many times you can file. A past denial does not ban you.
What matters is fixing what went wrong. Your attorney reads the denial notice, sees which part of the test USCIS questioned, and strengthens that evidence or reframes your proposed work before filing again. In some cases a motion or an appeal is an option instead, but these have short deadlines, usually about 30 days, so share the notice as soon as you can.
Your place in the Green Card line. For the EB-2 NIW, it is the date USCIS receives your petition.
Every month the Department of State publishes the Visa Bulletin, which shows whose priority dates can move forward, by category and country. When your date is current, you can take the final Green Card step. A good detail to know: once your petition is approved, you can usually keep that priority date even if you file another Green Card petition later, for example an EB-1A.
E-2 treaty investor visa
No. The law does not set a dollar amount. The investment has to be substantial compared with the total cost of the business: the lower the cost, the larger the share you are expected to invest.
Many E-2 cases involve $100,000 or more, but the right amount depends on your business. The money must also be committed and at risk, and it cannot be a loan secured by the business's own assets. The firm reviews your plan and tells you what is realistic.
Only nationals of countries that have an E-2 treaty with the U.S. can apply. There are over 80 of them, and the U.S. Department of State publishes the current list. Some large countries, such as China, India, and Brazil, are not on it.
If you hold a second citizenship from a treaty country, you may qualify through it. If you gained that citizenship through an investment program, extra rules may apply, so mention it early. The business must also be at least 50% owned by nationals of the same treaty country.
Yes. It is a common E-2 route. The purchase price, the franchise fee, and startup costs can count toward the investment once they are paid or legally committed.
A proven model can make it easier to show the business is real and can grow. It still has to be a business you run yourself, not a passive investment.
Yes. Your spouse can work for any U.S. employer. E-2 spouses are work-authorized based on their status, and their I-94 record shows it.
Unmarried children under 21 can live and study in the U.S., but cannot work on their dependent status. When a child turns 21, they need their own status to stay. You, as the investor, can only work for your E-2 business.
Two dates matter. Your E-2 status: each time you enter the U.S., you are generally admitted for up to two years. Your E-2 visa: the stamp in your passport, which may be valid for a shorter or longer period, depending on your country.
There is no limit on how many times you can extend your status or renew your visa. Each time, you need to show that you still run the business, that it still meets the E-2 requirements, and that you plan to leave when your status ends. The firm tracks the dates so your status stays current.
There is no fixed number of jobs. The business must be more than marginal, meaning it will make more than a minimal living for you and your family.
Hiring U.S. workers, or a realistic plan to hire within five years, is one of the clearest ways to show this. A good business plan sets it out with numbers.
Not directly. The E-2 is a temporary visa, and it asks you to intend to leave when your status ends.
You can still apply for a Green Card later, for example through EB-5, EB-1A, or EB-2 NIW. Filing for a Green Card can affect E-2 renewals and travel, so plan the timing with your attorney before you file.
L-1A intracompany transfer
The U.S. company and the company abroad must be connected by ownership and control. They can be the same company with a U.S. branch, a parent and its subsidiary, or affiliates owned by the same people in about the same shares.
Both companies must keep doing business for as long as you are on the L-1A, the one abroad included. Clear ownership documents are one of the most important parts of the case.
Yes. You need at least one continuous year of full-time work for the company outside the U.S., within the three years before the petition. The role can be managerial, executive, or based on specialized knowledge.
Short business trips to the U.S. do not break that year, but time spent in the U.S. does not count toward it. For a new U.S. office, your year abroad must be in a managerial or executive role.
Yes. You need secured office space, funding, and a realistic plan for the first year. The first approval is for up to one year.
To extend, you show that the office is up and running, doing real business, and able to support your managerial or executive role.
Yes. Your spouse can work for any U.S. employer. L-2 spouses are work-authorized based on their status, and their I-94 record shows it.
Unmarried children under 21 can live and study in the U.S., but cannot work on their dependent status. You, as the L-1A employee, can only work for the company that filed your petition.
Up to seven years in total. An established office usually starts with up to three years, a new office with up to one year, and extensions are given in steps of up to two years.
Time spent outside the U.S. during that period can often be added back.
It can. The L-1A allows dual intent, so applying for a Green Card does not by itself affect your L-1A status.
Many managers and executives move to a Green Card through EB-1C, which does not need a labor certification. It generally requires that the U.S. company has been doing business for at least one year. Your attorney can map the path.
EB-5 investor green card
No. You file the petition yourself, as the investor. There is no employer, no job offer, and no labor certification.
You also do not need a degree or work experience. What matters is your investment, where the money came from, and the jobs it creates.
The EB-5 has two steps, and a final one to make your Green Card permanent.
Step 1: the I-526 or I-526E petition. – USCIS reviews your investment, your source of funds, and the project. There is no premium processing for EB-5. Review times vary widely, and rural projects are usually decided faster.
Step 2: the Green Card itself. – When your priority date is current, you apply through Adjustment of Status (Form I-485) if you are in the U.S., or through the immigrant visa process, with the National Visa Center and an interview at a U.S. consulate, if you are abroad. If you are in the U.S., you may be able to file both steps at the same time.
Then: a 10-year Green Card. – Your first Green Card is conditional, for two years. Before it ends, you file Form I-829 to show the investment and jobs, and receive a 10-year Green Card.
Yes. Your spouse and unmarried children under 21 are included in your case and receive Green Cards with you. One investment covers the whole family.
They do not need to invest or meet any requirements of their own. They need to prove the family relationship, with a marriage or birth certificate, and complete the standard steps: a medical exam and background checks. If a child is close to turning 21, tell your attorney early; in some cases the law protects their eligibility.
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