"Two-Step Approach" Form I-140 Petitions Evaluation

USCIS has issued a Policy Memorandum for "Two-Step Approach" Form I-140 Petitions Evaluation. This Policy Memorandum provides guidance regarding the analysis that Immigration Service Officers must use in adjudicating Form I-140, Immigrant Petition for Alien Worker, filed for: EB1 - Extraordinary Ability petitions, EB1 - Outstanding Professor or Researcher petitions, and Aliens of Exceptional Ability, including EB2 NIW petitions. Once USCIS determines that the petitioner has provided satisfactory evidence for the requisite number of prongs, the second phase of review requires the adjudicator to weigh the evidence against the required high level of expertise for the visa category. It is in the second phase of the review where the evidence can be evaluated to see if, cumulatively, it proves by a preponderance of the evidence that the applicant or beneficiary is at the very top of his or her field of endeavor. For your case, you need to work on the criterion of academic contribution in your field. A good way is to run a new report of your paper's citation number. You also need to prove that you are one of that small percentage who has risen to the top of the field of endeavor and, and you have sustained national or international acclaim. http://www.greencardapply.com/question/question14/EB1A-Two-Step-Approach_0401.htm

The Immigration Medical Examination (Form I-693) for I-485 Application of Status Adjustment

You have an appointment for immigration medical examination next week, for my I-485 application of status adjustment. What is the purpose of the exam? and how to submit the exam result to USCIS? Answer: A medical examination is a general requirement for an alien immigrant. The main purpose of the immigration medical examination is to make sure that the alien immigrant is admissible for not having a significant physical diseases or mental disorder of public health. For example, the tuberculosis can be a problem for immigration examination, which could be communicable or not be cured for a short time. The doctor may also ask you some questions, take a chest X-ray, and draw blood. After the examination, the doctor should fill Form I-693 - Report of Medical Examination and Vaccination Record, to document the results of your medical exam. The doctor should sign the Form I-693, and seal the form in an envelope. You must submit the sealed envelope to USCIS, together with your other I-485 application documents. http://www.greencardfamily.com/question/question2013/Medical-Examination_1208.htm

Questions of How to File an Online Form DS-160 for K Visa Application

I have a question of how to file an online Form DS-160 for my K visa application. I have a minor criminal issue in my country, and currently have no job. Do I have to put the information in the Form DS-160? Answer: The form DS-160 is for non-immigration application and for K visa application. It will ask the visa applicant to provide the current employment information, and the history of employment in the past five years. In addition to the history of U.S. travel, it will also ask the applicant to provide his or her travel history to all other foreign countries in the past five years, including names, years, and visits. If the visa applicant has relatives in the United States, the applicant should also list relatives in the United States, including those who are U.S. citizens or U.S. permanent residents. In the form DS-160, there are several questions about past immigration information, or possible criminal violations, and any other inadmissibility issues. If the alien applicant has been denied visas or refused entry to the U.S., the dates and details of those events also need to be provided. http://www.greencardfamily.com/question/question2013/Form-DS160-Questions_1209.htm

Green Card Application for U.S. Citizen Spouse Over-Stayed in U.S. Illegally

I am U.S. citizen, my fiancée is from a foreign country. She came to United States as a tourist and over-stayed illegally for more than 7 months. We would like to get married in U.S. soon. Please help me for what I need to do. Answer: A green card application is available to any non-citizen who has married a citizen of the United States. Spouses of U.S. citizens are afforded more rights than other applicants for green cards, and can normally obtain a green card more rapidly than other immigrant applicants. These applications can be processed more rapidly than most other cases. Because you are a U.S. citizen and your fiancée was inspected by USCIS when she entered the U.S. as a tourist, she will be eligible to process her immigration application here in U.S. once you are married. Please check our web pages at http://www.greencardfamily.com/citizenspouse.htm, for how to apply for Green Card for you wife after youmarriage. http://www.greencardfamily.com/question/question2014/Wife-Green-Card_0111.htm

Immigrant Visa Application for U.S. Permanent Resident's Wife

Recently I married a U.S. Permanent Resident (Green Card holder) in my country. Please let me know how could I get U.S. immigrant visa to enter U.S. as a permanent resident? Answer: First, your husband needs to file Form I-130 Petition for Alien Relative for you. This petition should be filed accompanied by proof of your marriage, and the USCIS must approve the immigrant visa petition. Then, the U.S. Department of State must determine if an immigrant visa number is immediately available to you as the foreign national. You can check the status of an immigrant visa number in the U.S. Department of State’s Visa Bulletin. When an immigrant visa number becomes available for you, you should go to the U.S. consulate servicing the area in which you reside to complete your processing. Your husband should prove that he can support you at 125% above the mandated poverty line. http://www.greencardfamily.com/question/question2014/Immigrant-Visa-Application_0112.htm

Conditional Permanent Resident Status for Children of Alien Parent

My son and I have U.S. Green Card based on my marriage to U.S. citizen husband. We are now conditional permanent residents. It is true that the conditional Green Card will expires after two years for my son also, unless necessary steps are taken? Answer: Aliens who obtain permanent residence (Green Card) based upon a petition filed by a U.S. citizen spouse may be subject to conditional residence status for two years. Permanent residence will be conditional, if the duration of the marriage has been less than two years at the time permanent residence is granted. This means that it will expire after two years, unless the Form I-751 is filed and approved. This allows the USCIS to double check and reassess whether the marriage was real at the time of its inception. This same conditional grant of permanent residence is extended to children who obtain permanent residence based upon the marriage of that parent to a U.S. citizen, when the marriage is less than two years in duration. If the parent's marriage is not real, then the children of the alien can not obtain any immigration benefits as the result of the marriage. http://www.greencardfamily.com/question/question2014/Conditional-Permanent-Resident-Status_0217.htm

The Expedite "Aging-Out Process" for Child Green Card Application

The Expedite "Aging-Out Process" for Child Green Card Application Question: I am a family-based new immigrant. I will send out my I-1485 application to USCIS very soon. I have a 20 years son who will be included in my I-1485 application. I am worry about that he may reach 21 years old before the I-1485 approval. Could you please give me some idea about the "aging-out process"? Answer: If one of dependent child is about to reach 21 years of age and seeks immigrant status as the dependent beneficiary of either family-based or employment-based or for that matter, any other basis, it is the USCIS practice to take such case as the "top priority" case and expedite the process so that the green card applications for the entire family are adjudicated before the child reaches 21 years of age. Consequently, not only the aging out child but also the parents and other siblings receive "expedite" processing and cases are approved in a fairly short period of time. This aging-out expedite process has been available in the USCIS. Currently, aging-out expedite works well in the family-based proceedings. Such aging-out expedite works at the USCIS local district office one-step I-130/I-485 proceedings. The USCIS district offices approves I-485 applications for the entire family members in the event that a child will reach 21 years of age in a few months. http://www.greencardfamily.com/question/question2014/Expedite-Aging-Out-Process_0218.htm

The Background Check Process for I-485 Application

Question: I applied for U.S. Green Card for my husband, the Form I-130 has been approved. We were told that the I-485 application is in the process of background checks by FBI, after their fingerprinting. What is the background check process, and how long it may take? Answer: All applicants for a U.S. immigration benefit are subject to criminal and national security background checks to ensure they are eligible for that benefit. U.S. Citizenship and Immigration Services (USCIS), the Federal agency that oversees immigration benefits, performs checks on every applicant, regardless of ethnicity, national origin or religion. FBI name checks are also required for many applications. The FBI name check is totally different from the FBI fingerprint check. The records maintained in the FBI name check process consist of administrative, applicant, criminal, personnel and other files compiled by law enforcement. Initial responses to this check generally take about two weeks. In about 80 percent of the cases, no match is found. Of the remaining 20 percent, most are resolved within six months. Less than one percent of cases subject to an FBI name check remain pending longer than six months. Some of these cases involve complex, highly sensitive information and cannot be resolved quickly. Even after FBI has provided an initial response to USCIS concerning a match, the name check is not complete until full information is obtained and eligibility issues arising from it are resolved. http://www.greencardfamily.com/question/question2014/I485-Background-Check_0317.htm

The Requirements for Sponsor of a Family Based Immigration Petition

Question: I am U.S. citizen. My fiancee is from a foreign country. She came here as a tourist, and over-stayed now for 7 months. We would like to get married soon, but I don not know how or what I need to do as a sponsor to apply for a Green Card for her. What are the requirements for sponsor of a family based immigration petition? Please Help me. Answer: Because you are a U.S. citizen and your fiancee was inspected when she entered the U.S., she will be eligible to file her Green Card application inside United States, once you are married. A U.S. citizen or legal permanent resident can be the sponsor of a family based immigration petition. However, the sponsor has to meet some requirements and legal obligations. The sponsor has to execute a legally binding affidavit of support for the beneficiary, in which the sponsor guarantees to maintain the standard of living of the intending immigrant at a level not lower than 125% of the national poverty level. This obligation continues until the beneficiary has become a U.S. citizen, or has worked in the United States for 40 qualifying quarters. http://www.greencardfamily.com/question/question2014/Requirements-Sponsor_0318.htm

How Can My Fiancé Get a Visa to Enter U.S. to Get Married with Me?

How Can My Fiancé Get a Visa to Enter U.S. to Get Married with Me? Question: My fiancée and I are not married yet. How can my fiancé get a visa to enter U.S. to get married with me? Answer: A K-1 visa or fiancée visa gives permission for an foreign fiancée or fiancé to enter U.S. to get married. To get a K-1 visa, the U.S. citizen needs to file a K-1 visa application with Form I-129F to the USCIS (U.S. Citizenship and Immigration Services). If the Form I-129F is approved by USCIS, the documents will be forwarded to the U.S. consulate in the foreign fiancée's / fiancé's home country for review. An interview with the K-1 applicant will be scheduled to take place at the U.S. consulate. A K-1 visa will be issued if the interview goes well. After the K-1 visa is issued, the fiancée or fiancé has 6 months to enter the United States, and then have another 90 days to get married in the United States. If the foreign fiancée/fiancé wants to get a U.S. Green Card (adjusting status in U.S.), the official government issued marriage certificate is needed to submit the Form I-485 application - adjustment of status. http://www.greencardfamily.com/question/question2014/K1_Fiance_Visa_0421.htm

The Availability of a Visa Number, and the Process for Adjusting Status

Question: I am U.S. citizen. My son is in U.S. and he has married. How could he adjusts his status in U.S. if the Form I-130 is approved for him? In another words, what is the availability of a visa number for him? and what is the process for adjusting status for him? Answer: To adjust status in the United States or to get U.S. Green Card, an immigrant visa number must be readily available to the alien immigrant. Each year, a certain number of immigrant visas are available for alien immigrants. The available immigrant visa numbers and their current "priority dates" can be checked at the monthly Visa Bulletin issued by the U.S. Department of State. The Priority Date is the date on which an immigrant visa petition is filed with the USCIS. Therefore, an alien immigrant can apply to adjust status only when his or her priority date is "current". The immediate relatives of U.S. Citizens are exempted from this requirement as they are not subject to the immigrant visa quota system. But other relatives of U.S. Citizens, such as U.S. citizen's married child or U.S. citizen's brother or sister, are subject to the immigrant visa quota system. By filing USCIS form I-485 - Application to Register Permanent Residence of Adjust Status, an alien immigrant can adjust his or her status to a lawful permanent resident within the United States, if the alien immigrant can meets the requirements and is not subject to any ground of inadmissibility. Also, the alien immigrant needs to submit other mandatory governmental forms, relevant documents, and application fees to USCIS. http://www.greencardfamily.com/question/question2014/I485_Adjusting_Status_0422.htm

What I should know for this kind of L-1A extension RFE?

My employer filed a renewal application for my L-1A visa, and we got a notice of Request for Additional Evidence from USCIS Vermont Service Center. The RFE requests include the organizational charts of my employer in and outside U.S., and my position in the charts. What I should know for this kind of L-1A extension RFE? Answer: To replying the REF requests, the organizational charts are important pieces of the L-1 visa application or L-1 visa extension. Every company should submit two organization charts, one for the home country office and the other for the company in the U.S. They are especially important when the company seeks to send an executive or a manager to the U.S. on an L-1A visa. When transferring persons from higher company ranks, the role of the organization chart is to show that the concerned person is an executive or a manager, and to present a clear view to USCIS about the company’s personnel expansion plans in the new U.S. office. When it comes to RFE request of organization charts, creativity is highly discouraged and the best organization charts are those that provide a clear hierarchical view of the company’s leadership from top to bottom. One common problem in making organization charts is that companies often insist on including department or divisions on the chart. This should be avoided, because it only provides a confusing picture to USCIS. The various departments or divisions should be represented by its personnel on the chart and not as separate entities by the name of the division. The idea behind the organization chart as used in the immigration context is to show the personnel reporting structure in your home company and the U.S. entity. http://www.greencardapply.com/question/question14/L1A-Organizational-Chart_0408.htm

choosing different Green Card application categories

I have worked for my current employer about 2 years with H-1B visa. When I ask my company to support my green card application, my employer hired lawyer wants to file a Labor Certification for me. I think it may take too long for Labor Certification application, so I discussed the option of National Interest Waiver (NIW) application with the lawyer. But he still think the NIW may not good for me. What I should do? Answer: When choosing different Green Card application categories, the Labor Certification may be considered. However, the Labor Certification process is long to get approval. Thus, serious thought could be given to the petition of EB-1 or NIW, according to an applicant's qualification. If you believe that you could meet the qualification requirements of EB1 or NIW, applying Green Card through Labor Certification should not be your first choice. Another option is to file two petitions at the same time - a petition based on Labor Certification, and another petition based on NIW or EB-1. http://www.greencardapply.com

self-petition or employer-petition EB1-Extraordinary Ability petition

After I get my Green Card in self-petition EB1-Extraordinary Ability, do I still have to stay in the same or similar field? Also, as a derivative beneficiary, if my wife wants to change her job, does she has to stay in the same or similar field also? Answer: For self-petition or employer-petition EB1-Extraordinary Ability petition, if you were granted a U.S. Permanent Resident status because of your extraordinary ability in a field, you may want to work in the field at least for a while after your Green Card petition approval. It is not recommended that you change job quickly. For your wife, since she is not the direct beneficiary of the EB1-EA I-140 petition, she is not subject to the requirement of any specific employment. Before obtaining her Green Card and with a valid EAD, she can work for any job and anywhere. After receiving her Green Card, she can also change job at any time. http://www.greencardapply.com/question/question14/EB1A-GreenCard-Approval_0331.htm

How Could I Reply the RFE Request for my NIW Application?

Question: I recently received a Request For Evidence for my NIW application, with the question of NYSDOT third prong of "whether a foreign national’s work benefits the national interest so much as to outweigh the competing interest in preserving the labor certification process." How could I understand and reply this request in my RFE response? Answer: The RFE process creates the opportunity for an alien applicant to emphasize evidence already in the record that the USCIS adjudicator may not have fully considered, to clear up misunderstandings, and to clarify issues and facts. The RFE also give an opportunity for alien applicants to provide additional evidence through the RFE process. The NYSDOT third prong of EB2-National Interest Waiver petition is difficult to satisfy in light of the USCIS bias toward the Labor Certification process. For this test, the alien applicant needs to prove that the alien’s work benefits the national interest so much as to outweigh the competing interest in preserving the labor certification process in that case. Undoubtedly this test would take into account many factors, most of which would be difficult to objectively measure or quantify. On the one hand, a researcher who develops a vaccine for HIV would probably outweigh the interest in preserving the job for a minimally qualified U.S. researcher who did not make this discovery. Here, strong testimonial letters are key to a successful RFE response. USCIS requires that a foreign national must present national benefits so great as to outweigh the national interest in preserving U.S. jobs for U.S. workers through the Labor Certification process. http://www.greencardapply.com/question/question14/NIW-RFE-Reaponse_0317.htm

Two-Step Approach" Form I-140 Petitions Evaluation.

I applied the EB1-Extraordinary Ability petition. I recently got RFE (Request For Evidence) for my petition which said that "the evidence does not demonstrate how your field has changed as a results of your work beyond the incremental improvements in knowledge and understanding expected from valid original research. Additionally, the evidence does not demonstrate that your work has been adopted by many or that your work has led to company investments in new products or processes." It looks like that USCIS used the much strict "Two-Step Approach" for my case. I claimed 3 EB1A criteria: authorship, contribution and review. I meet the requirements of authorship and review, but not the contribution. What should I do? Answer: USCIS has issued a Policy Memorandum for "Two-Step Approach" Form I-140 Petitions Evaluation. This Policy Memorandum provides guidance regarding the analysis that Immigration Service Officers must use in adjudicating Form I-140, Immigrant Petition for Alien Worker, filed for: EB1 - Extraordinary Ability petitions, EB1 - Outstanding Professor or Researcher petitions, and Aliens of Exceptional Ability, including EB2 NIW petitions. Once USCIS determines that the petitioner has provided satisfactory evidence for the requisite number of prongs, the second phase of review requires the adjudicator to weigh the evidence against the required high level of expertise for the visa category. It is in the second phase of the review where the evidence can be evaluated to see if, cumulatively, it proves by a preponderance of the evidence that the applicant or beneficiary is at the very top of his or her field of endeavor. For your case, you need to work on the criterion of academic contribution in your field. A good way is to run a new report of your paper's citation number. You also need to prove that you are one of that small percentage who has risen to the top of the field of endeavor and, and you have sustained national or international acclaim. http://www.greencardapply.com/question/question14/EB1A-Two-Step-Approach_0401.htm

EB2 Outstanding Professors or Researchers Green Card Application

I like to apply for Green Card in the category of EB1 Outstanding Researcher. As a researcher with Ph.D. working in a small company, the EB1 Extraordinary Ability category may be difficult for me, and the waiting time for EB2 National Interest Waiver category is longer for my country. But I am not sure if my employer (less than 20 employees) can use of this EB1 Outstanding Researcher visa category. Any suggestion? Thank you. Answer: To qualify for a U.S. Green Card in the EB2 Outstanding Professors or Researchers category, the alien applicant should have an international reputation for being outstanding in an academic field, and have an job offer from a U.S. employer. Also, the foreign alien should have at least three years experience at either teaching or research in the relevant academic field. Not every employer can use the EB2 Outstanding Professors or Researchers category. The U.S. employer must be a qualified employer, which can be either a university or institution of higher education, or a department, division, or institute of a private research entity with at least three full-time researchers on staff. Also, the private U.S. employer will need to show a history of significant research achievements http://www.greencardapply.com/question/question14/EB1B-Qualified-Employer_0302.htm

what is difference between O-1 and other employment related nonimmigrant status,

What is the major differences between O-1 visa and EB1-Extraordinary Ability application? and what is difference between O-1 and other employment related nonimmigrant status, such as H-1B? Answer: The requirements for O-1 visa or status are similar to those for the EB1 Extraordinary Ability (EB-1A or EB1-EA), employment based permanent residence category. The difference is that the O-1 visa applies to those aliens seeking a non-immigrant status, while the EB-1A standard is for those seeking permanent immigrant status. The O-1 visa is distinguished from other employment related statuses in that it applies to more types of work than other areas. For instance, H-1B status is limited to foreign professionals with at least a bachelor's degree for a specialty occupation, which cannot apply to alien artists, athletes or entertainers without such educational background. However, such as artists, athletes or entertainers can apply for O-1 visa or O-1 status. Moreover, the requirements of O-1 are much higher than that of H-1B. Also, O-1 visa could be obtained by those in H-1B status who have exhausted the full-authorized stay of 6 years. http://www.greencardapply.com/question/question14/O1-Visa-Difference_0318.htm 

what are the other J-1 waiver options?

I am a J-1 visa holder and want to obtain an “agency request“ J-1 waiver. Do I have to be employed in a U.S. government agency to file the agency request J-1 waiver? and what are the other J-1 waiver options? Answer: If a U.S. government agency believe that the J- visa exchange visitor's departure would be detrimental to a program or activity of interest to the U.S. government agency, it may request a J-1 waiver on behalf of the alien visitor. The J-1 exchange visitor can be employed by either a private employer or a U.S. government agency. An J-1 visa holder object to the 2-year foreign residence requirement can file an J-1 waiver application on the following bases. 1) A J-1 waiver may be requested by a U.S. governmental agency on behalf of the J-1 visitor. It should be beneficial to the U.S. security interests, or to that of the public good. 2) A J-1 waiver may be obtained when the 2-year foreign residence requirement would result in exceptional hardship to the U.S. citizen or permanent resident spouse or child. 3) If the J-1 visitor can show that he or she would be subject to persecution in the home country on the basis of race, religion, political opinion, nationality, or membership. 4) The J-1 visitor's home government issues a letter of “no objection “ to the exchange visitor's remaining in the United States. But a foreign medical graduates are not eligible for the “no objection“ J-1 waiver. http://www.greencardapply.com/ http://www.greencardapply.com/question/question.htm

How Do I Get Employment Authorization for My Wife As Soon As Possible?

I have not filed the I-485 application yet, but I need to apply for the Work Permit for my wife. How do I get employment authorization for her as soon as possible. Answer: To get the work permit or employment authorization, the Form I-765, Application for Employment Authorization, should be filed with the United States Citizenship and Immigration Services (USCIS). Generally, the employment authorization application should be filed together with Form I-485 application for adjustment of status simultaneously, without paying the Form I-765 application fee. But if the employment authorization Form I-765 is filed separately with the Form I-485 application, an Form I-765 application fee should be paid to USCIS. http://www.greencardapply.com/question/question14/Work-Permit-Application_0310.htm

What Are the Requirements and Advantages for a P Visa?

I have a short term contract to perform in U.S. with an entertainment company. I do not know exactly which visa type is good for my situation. I am considering the P visa or O visa. What are the requirements and advantages for a P visa? Answer: P visa is a U.S. work visa, and it is available to outstanding athletes, athletic teams, and entertainment companies with a job offer from a U.S. employer. There is no annual limit for the number of people who can receive P visa. The P visas will be granted for the length of time needed to complete a particular event, up to a maximum of one year. However, P-1 athletes may be admitted for a period of up to five years, with one extension of up to five years. The key features of the P visa and some of the advantages/disadvantages of the P visa include: The P visa holder can work legally in the U.S. for the P visa sponsor. If the alien wants to change jobs, getting a new viswill be necessary; P visas can be issued relatively quickly; A P visa holder may travel in and out of the U.S. or stay continuously for as long as the P visa and status are valid; A spouse and unmarried children under age 21 may receive P-4 visas to accompany the P visa holder, but they may not accept employment in U.S.; P visa holder's essential support personnel may also be granted P visa. http://www.greencardapply.com/question/question14/P-Visa-Advantages_0223.htm

major differences between O-1 visa and EB1-Extraordinary Ability application

The requirements for O-1 visa or status are similar to those for the EB1 Extraordinary Ability (EB-1A or EB1-EA), employmentbased permanent residence category. The difference is that the O-1 visa applies to those aliens seeking a non-immigrant status, while the EB-1A standard is for those seeking permanent immigrant status. The O-1 visa is distinguished from other employment related statuses in that it applies to more types of work than other areas. For instance, H-1B status is limited to foreign professionals with at least a bachelor's degree for a specialty occupation, which cannot apply to alien artists, athletes or entertainers without such educational background. However, such as artists, athletes or entertainers can apply for O-1 visa or O-1 status. Moreover, the requirements of O-1 are much higher than that of H-1B. Also, O-1 visa could be obtained by those in H-1B status who have exhausted the full-authorized stay of 6 years. http://www.greencardapply.com/question/question14/O1-Visa-Difference_0318.htm

choosing different Green Card application categories

I have worked for my current employer about 2 years with H-1B visa. When I ask my company to support my green card application, my employer hired lawyer wants to file a Labor Certification for me. I think it may take too long for Labor Certification application, so I discussed the option of National Interest Waiver (NIW) application with the lawyer. But he still think the NIW may not good for me. What I should do? Answer: When choosing different Green Card application categories, the Labor Certification may be considered. However, the Labor Certification process is long to get approval. Thus, serious thought could be given to the petition of EB-1 or NIW, according to an applicant's qualification. If you believe that you could meet the qualification requirements of EB1 or NIW, applying Green Card through Labor Certification should not be your first choice. Another option is to file two petitions at the same time - a petition based onLabor Certification, and another petition based on NIW or EB-1. http://www.greencardapply.com/ http://www.greencardapply.com/question/question.htm

how could I get the "advisory opinion"?

I want to file an O-1 visa application with the help of an U.S. employer. I am a visual artist. Do I need to get an "advisory opinion" to file an O-1 visa application? and how could I get the "advisory opinion"? Thank you. Answer: To file an O-1 visa application, an Advisory Opinion should be be accompanied the O-1 visa application documents. The U.S. employer should consult with an appropriate peer group, labor organization, or management organization in the area of the alien's outstanding ability to get the advisory opinion for the alien beneficiary. Generally, a written advisory opinion should be obtained from the appropriate consulting entity with expertise in the alien beneficiary's field. But an advisory opinion may not be required if the petitioner could prove that an appropriate consulting entity does not exist to provide Advisory Opinion. Also, if the petitioner is requesting expeditious handling of the O-1 visa application, an advisory opinion from an appropriate consulting entity may not be submitted with the application documents. The expeditious handling could be granted with regard to O-1 visa application on behalf of an alien who will be employed in the fields of art, entertainment, or athletics. http://www.greencardapply.com/question/question14/O1_Visa_Advisory_Opinion_0417.htm

How Do I Get Employment Authorization for My Wife As Soon As Possible?

To get the work permit or employment authorization, the Form I-765, Application for Employment Authorization, should be filed with the United States Citizenship and Immigration Services (USCIS). Generally, the employment authorization application should be filed together with Form I-485 application for adjustment of status simultaneously, without paying the Form I-765 application fee. But if the employment authorization Form I-765 is filed separately with the Form I-485 application, an Form I-765 application fee should be paid to USCIS. http://www.greencardapply.com/question/question14/Work-Permit-Application_0310.htm

How Could I Get Reference Letter from Independent and Well-Recognized Expert for EB-1A Application

According to USCIS, the reference letter should come from independent and well-recognized expert, based upon his/her review of the documents that are submitted with the EB1 Extraordinary Ability application. By "independent", the USCIS means an expert with whom the alien application has not worked before - not an employer, colleague, advisor, or client. By "well-recognized", the USCIS means a well-credentialed expert with lengthy experience in the field of endeavor. The experience should include an advanced degree, more than ten years of experience in the field, a lengthy publication and presentation record. Not every EB-1A application case needs the reference letter from "independent" and "well-recognized expert", especially when the alien applicant has Ph.D. degree and a lengthy publication record and several wards, which could distinguish the alien applicant from other individuals in the field. http://www.greencardapply.com/question/question14/Independent-Reference-Letters_0303.htm 

Can I Work for an Employer Other than the L-1 Visa Sponsor?

The L-1 visa holder should only work for the U.S. employer which is the L-1 visa sponsor. The L-1 visa employer should be a parent, branch, subsidiary, or affiliate that employed the L-1 visa holder outside the U.S. Generally, the L-1 visa holder is expected to work full-time in United States. But the alien can also work less than full-time, if he or she uses a major portion of time to the job. The L-1 visa holder can travel out of the United States before the L-1 status expires; and the L-1 visa holder's spouse can apply for employment authorization to work in U.S. http://www.greencardapply.com/question/question14/L1-Visa-Sponsor_0309.htm 

What Are the Requirements and Advantages for a P Visa?

What Are the Requirements and Advantages for a P Visa? Question: I have a short term contract to perform in U.S. with an entertainment company. I do not know exactly which visa type is good for my situation. I am considering the P visa or O visa. What are the requirements and advantages for a P visa? Answer: P visa is a U.S. work visa, and it is available to outstanding athletes, athletic teams, and entertainment companies with a job offer from a U.S. employer. There is no annual limit for the number of people who can receive P visa. The P visas will be granted for the length of time needed to complete a particular event, up to a maximum of one year. However, P-1 athletes may be admitted for a period of up to five years, with one extension of up to five years. The key features of the P visa and some of the advantages/disadvantages of the P visa include: The P visa holder can work legally in the U.S. for the P visa sponsor. If the alien wants to change jobs, getting a new visa will be necessary; P visas can be issued relatively quickly; A P visa holder may travel in and out of the U.S. or stay continuously for as long as the P visa and status are valid; A spouse and unmarried children under age 21 may receive P-4 visas to accompany the P visa holder, but they may not accept employment in U.S.; P visa holder's essential support personnel may also be granted P visa. http://www.greencardapply.com/question/question14/P-Visa-Advantages_0223.htm