Can a Widow of U.S. Citizen Apply for Immigrant Visa with Form I-130 by Herself?

Can a Widow of U.S. Citizen Apply for Immigrant Visa with Form I-130 by Herself? Question: My friend came to United States last year and married a U.S. Citizen. But she became a widow before her husband could get time to file immigrant visa for her. Can she apply for immigrant visa to get Green Card by herself to stay in United States? Answer: If an alien spouse was married to a U.S. citizen, the alien spouse was in an especially good position to get a Green Card in the United States. Even if the U.S. citizen spouse died before filing the initial visa petition of USCIS Form I-130 for the alien spouse, or before the Form I-130 petition was approved by USCIS. For this kind of situation, the alien spouse may be able to carry on and file the immigrant visa petition of USCIS Form I-360 by herself or himself. Unlike other family beneficiaries, the alien spouse need not have an Affidavit of Support filed on her or him behalf for this situation. But there is a deadline to file the Form I-360. The alien spouse must file the Form I-360 petition no later than two years after the death of the U.S. citizen spouse. http://www.greencardfamily.com/question/question2014/Widow_Application_Form_I130_120814.htm http://www.greencardfamily.com/citizenspouse.htm

What Is the Necessary Process for Me to Enter the U.S. to Marry a U.S. Citizen?

What Is the Necessary Process for Me to Enter the U.S. to Marry a U.S. Citizen? Question: I live outside the United States, and will marry a U.S. citizen husband soon. What is the necessary process for me to enter the U.S. to marry a U.S. citizen? How could I get this kind of visa to enter U.S.? Answer: The U.S. citizen must file a fiancé/fiancée visa application (K-1 visa application) using Form I-129F, with the U.S. Citizenship and Immigration Services (USCIS). If the K-1 visa application is approves by USCIS, the USCIS will forward the approved application documents to a U.S. embassy or consulate abroad. Then U.S. embassy or consulate will then contact the alien beneficiary with information and eventually schedule an interview for a fiancé/fiancée visa. After the interview and issue of the K-1 visa, the alien beneficiary has 90 days from entry into the U.S. to marry the U.S. citizen. The alien fiancé/fiancée must leave U.S. within this time if he or she does not want to marry the U.S. citizen. http://www.greencardfamily.com/question/question2015/K1-Visa-Marriage_010215.htm http://www.greencardfamily.com/citizenspouse.htm

USCIS Has Discontinued the Legacy E-Filing System

USCIS Has Discontinued the Legacy E-Filing System Question: I am preparing to file Form I-140, immigrant petition for an alien worker, in the category of EB1 Extraordinary Ability by using your very helpful EB-1A DIY package. It looks like that the USCIS' e-filing system is no long available at USCIS website. Do I have to submit the paper copy of form I-140 to USCIS? Answer: U.S. Citizenship and Immigration Services (USCIS) has discontinued its legacy e-filing system, in order to maintain data security standards and focus resources on its replacement system. Five key applications, previously available for e-filing, has reverted to a paper-based system after the legacy system is decommissioned. Currently, paper copies of the following forms will have to be filled out and submitted to the USCIS: • Form I-131, application for travel document. • Form I-140, immigrant petition for an alien worker. • Form I-765, application for employment authorization. • Form I-821, application for temporary protected status. • Form I-907, request for premium processing service. USCIS is transitioning to a new system called the Electronic Immigration System (ELIS). “The new system is faster, more secure, and easier to upgrade and update,” the USCIS said. Although the above forms being removed from the legacy e-filing system would not immediately be available on ELIS, the USICS does plan to add them in the future. Currently, ELIS is capable only of accepting payment of the $165 fee for an immigrant visa and processing the Form I-90 application to replace a permanent resident card. USCIS is also planning on moving applications for the Deferred Action for Childhood Arrivals program to ELIS. http://www.greencardapply.com/question/question15/Efiling_End_102615.htm

How to Use the Dates of Filing Applications for Form I-485 Adjustment of Status?

How to Use the Dates of Filing Applications for Form I-485 Adjustment of Status? Question: In the U.S Department of State's Visa Bulletin, there are newly added "Dates for Filing Applications". How to use the dates listed to file USCIS Form I-485 inside United States, for employment-based Green Card applicants' Adjustment of Status? Answer: The procedures regarding immigrant visa availability have changed by U.S. Department of State, for the benefit of intending U.S. permanent resident (i.e., greencard) applicants. These changes are reflected in the Visa Bulletin which may be viewed at http://travel.state.gov/content/visas/en/law-and-policy/bulletin.html The U.S. Department of State’s (DOS’s) monthly Visa Bulletin will now include two charts per visa preference category for Family-based and Employment-based applicants as "Application Final Action Dates", and "Dates for Filing Applications." In Sections 4.B. (Family-Sponsored Preference Cases) and 5.B. (Employment-Based Preference Cases), “Dates for Filing Applications” are listed. The chart for "Dates for Filing Applications" reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. Applicants for immigrant visas who have a priority date earlier than the cut-off date in the chart may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. The cut-off date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa. If a category is designated “current,” all applicants in the relevant category may file applications, regardless of priority date For many employment-based Green Card applicants' Adjustment of Status using USCIS Form I-485 inside United States, U.S. Citizenship and Immigration Services (USCIS) will use the “Dates for Filing Applications” chart (in lieu of the “Application Final Action Dates” chart in paragraphs 4.A. and 5.A.) to determine when an application for adjustment of status (USCIS Form I-485) may be filed. Adjustment applicants may also visit "www.uscis.gov/visabulletininfo" for more information. The statement in Visa Bulletin is consistent with USCIS’s announcement that each month it will “monitor the visa numbers and post the relevant DOS Visa Bulletin chart” on its website under “When to File”. An intending greencard applicant can then use this information to determine when to file an adjustment application (Form I-485 Application for Adjustment of Status). The “Dates for Filing Applications” chart may be used only when USCIS determines that additional immigrant visa numbers are available. Otherwise, per USCIS guidance, the “Application Final Action Dates” chart must be used by intending Adjustment of Status applicants. http://www.greencardapply.com/question/question15/Visa_Application_102715.htm http://www.greencardapply.com/i485.htm

How to Use the DOL Wage Worksheet to Decide the Wage Level Properly?

How to Use the DOL Wage Worksheet to Decide the Wage Level Properly? Question: My employer will file Labor Condition Application (LCA) in an H-1B petition for me. How to use the DOL Wage Worksheet to decide the wage level properly? Answer: The petitioner preparinng the H-1B petition should use the DOL wage worksheet in the "Prevailing Wage Determination Policy Guidance" to assess the proper wage level. If the DOL found that the wage worksheet had been properly completed, the employer's H-1B petition should contain the correct wage. To use the wage worksheet when making an independent wage level determination of an LCA in an H-1B petition. An H-1B employer should be prepared to defend the wage level decisions. The petitioner should carefully reviewe the factors listed for proper wage level decisions. This is done to protect both the employer and the H-1B workers. An H-1B beneficiary should be properly classified under an O*Net category. The DOL will reviewe the wage level claimed by the H-1B petitioner, by applying the Prevailing Wage Determination Policy Guidance. This wage guidance sets forth a system for comparing the requirements of the employer's job offer to the standard requirements for similar occupations on O*NET, which is a DOL-sponsored program that serves as the primary source of occupational information in the United States. All job occupations start with a level I wage for an entry-level position. Where appropriate, points are added to the DOL wage worksheet to determine whether a higher wage level is required. There are 4 steps in determining when a wage level should be increased. The employer's offered job is compared to the O*NET description for that type of occupation. If there are special skills or requirements in the employer's job description not encompassed by the generic O*NET job description, then the wage level may be increased. Otherwise, the wage level should remain at level I. The DOL will go through the education and experience components of the wage level analysis. Even if certain parts of the job are above level I, that would not automatically put the job at level II. The purpose of the wage worksheet is to go through the factors in the checklist and use the definitions of each level as a guideline. Therefore, a wage worksheet is only as good as the information provided by the employer. The employer should provide accurate information in the worksheet. http://www.greencardapply.com/question/question15/DOL_Wage_Worksheet_110815.htm http://www.greencardapply.com/h1b.htm

Draft the Labor Certification Carefully to Avoid Problems at the Form I-140 Application Step

Draft the Labor Certification Carefully to Avoid Problems at the Form I-140 Application Step Question: My employer will file labor certification for me soon, and will also sponsor my Green Card application later. How to draft the labor certification carefully to avoid problems at the Form I-140 application step? Answer: The chances of the Form I-140 application success for an immigrant visa are mainly determined at the Labor Certification step. Therefore, the labor certification needs to be drafted carefully to avoid problems at the Form I-140 application step, such as the employer's "ability to pay" issue. An alien beneficiary may get Form I-140 application success if the employer is sponsoring the Green Card application from the time the labor certification is filed. Ability to pay means a company’s ability to pay the wage listed on the labor certification to the foreign worker. Many green card applicants are under the mistaken impression that the ability to pay calculation begins only at the time of filing the Form I-140 petition. But actually, a company must demonstrate ability to pay from the time of filing the labor certification until the alien beneficiary has adjusted his or her status and become a U.S. permanent resident. The easiest and most preferred method to demonstrate that a company has the ability to pay, and obtain an Form I-140 approval, is for the alien beneficiary to work for the company, and be paid the wage listed on the labor application from the time of the labor certification filing. USCIS accepts only 2 forms of evidence to show the ability to pay: 1) an audited financial statement, which are time intensive and costly to prepare, especially for smaller companies, or 2) the company’s tax returns. Either way, the net income of the company must be greater than the wage payment. Sometimes, USCIS may send a Request For Evidence (RFE) letter sending to the Form I-140 petitioner to ask for evidence of “ability to pay all”. This means the company must demonstrate its ability to pay not just the alien beneficiary, but also the wages of all other employees they have filed I-140 petitions for. For some companies, reporting a high net income on the tax return is not usually in their best interest. This can lead to th Form I-140 being denied if the company does not report a net income high enough to cover the total of all pay gaps for all Form I-140s ever filed. http://www.greencardapply.com/question/question15/Ability_To_Pay_110915.htm http://www.greencardapply.com/perm.htm

The J-1 Waiver Application on the Financial Hardship Ground

The J-1 Waiver Application on the Financial Hardship Ground Question: I want to apply for J-1 waiver on the financial hardship ground. What kind of arguments or evidences that I should prepare for the J-1 waiver application? Answer: To apply for J-1 waiver in "financial hardship" option, the J-1 holder should consider the financial hardship for the U.S. citizen spouse and child. For example, if the J-1 alien goes back to his or her home country alone, the U.S. citizen spouse's salary may not be sufficient to cover the expenses of housing, childcare, and day-to-day life expenses inside the United States, especially in some expensive cities or states. Also, the J-1 alien would not be able to earn enough money in the home country to contribute to the family's support. Therefore, the situation is not financially viable. If the J-1 alien's family is in one of the highest cost-of-living areas in the United States, the couple may also not be able to accumulate significant savings upon which to rely for living without the J-1 alien in U.S. Additionally, as immigrants, they may not have relatives living in the United States to help them through the difficult time. Also, when one parent is abroad for the 2-year home country service and the other parent is in the United States, the U.S. citizen child would suffer. The child may not have contact with either parent, while both parents are working in U.S. and abrod, which lets to the negative impact of such a parental separation at a young age. While separation alone is not the hardship, but the situation may go beyond normal separation hardship levels in some cases. http://www.greencardapply.com/question/question15/J1Waiver_Financial_Hardship_112215.htm http://www.greencardapply.com/j1.htm

The Heightened Legal Standards for EB1 Extraordinary Ability Petition

The Heightened Legal Standards for EB1 Extraordinary Ability Petition Question: I recently received a notice of Request For Evidence (RFE) from USCIS with virtually insurmountable requirements for "the extraordinary ability has been demonstrated by sustained national or international acclaim", and "the achievements have been recognized in the field with extensive documentation", and it also requests many complicate evidence to be submitted again. How could I reply the RFE? Answer: The USCIS approval in the EB1 extraordinary ability (EB1-EA or EB-1A) petition is difficult to obtain. The EB-1A regulation requires that the alien applicant should reach the very top of his or her field. In some instances, U.S. Citizenship and Immigration Services (USCIS) adjudicators may go beyond the high standard that is appropriate for the EB-1A category, and create novel and virtually insurmountable requirements. The legal standard in the EB1 extraordinary ability category is very high. While the EB-1A category was intended to apply to a small group of individuals, it was not meant to be unattainable. The alien applicants should be able to demonstrate their extraordinary abilities in the fields of science, art, education, business, and athletics. It is necessary to establish that the extraordinary ability has been demonstrated by sustained national or international acclaim, and that the achievements have been recognized in the field with extensive documentation. With the wide discretion the USCIS having in adjudicating of the EB1 extraordinary ability cases, and the complexity of the evidence presented, USCIS adjudicators sometimes apply heightened legal standards. These are standards which are created by the adjudicator to support a negative decision. In some EB-1A petition cases, it may be difficult to challenge the ineligibility finding made by the USCIS. Therefore, it is necessary to carefully analyze the actual legal criteria, and the application of the criteria by the adjudicator to the often highly complex individual facts. http://www.greencardapply.com/question/question15/EB1A_Requirements_112315.htm http://www.greencardapply.com/ea.htm

How Long Does It Take to Get My U.S. Citizenship

How Long Does It Take to Get My U.S. Citizenship Help Desk: I got my Green Card based on my marriage to a U.S. Citizen. How long does it take to get U.S. Citizenship after the Green Card? Answer: Most U.S. Permanent Residents have to wait 5 years after receiving Green Card to qualify for U.S. Citizenship. However, the immigration law gives a break to spouses of U.S. Citizens. If you are a U.S. permanent or conditional resident, you cannot apply for U.S. citizenship until you have lived in U.S. as a lawful permanent resident for at least five years. That means exactly five years to the day. You can check your U.S. permanent resident card for the exact date on which you became a permanent resident. If you start out as a conditional resident rather than a permanent resident, because you got your residence through your marriage to a U.S. citizen, your two years as a conditional resident count as permanent residence. If you have been married for at least 3 years, and your spouse has been a U.S. Citizen for at least 3 years, you are eligible for citizenship 3 years after you become U.S. Permanent Resident. Actually, you are allowed to apply for naturalization 3 months before the end of your 3 year residence. The U.S. citizenship application must be submitted by mail, using USCIS Form N-400. USCIS will take a long time to process the N-400, to arrange for you to be fingerprinted, and to call you in for the interview at which it actually reviews your application, tests you on your knowledge of English and U.S. government, and makes a decision on whether to approve or deny you. USCIS may take at least 90 days to call you in for your interview. http://www.greencardfamily.com/question/question2015/US_Citizenship_Application_081715.htm http://www.greencardfamily.com/index.htm

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

How Can My Fiancé Get a Fiancé Visa to Enter U.S.? Help Desk: How can my fiancé get a fiancé visa to enter U.S.? and will my spouse become a U.S. citizen automatically? Answer: A fiancé visa grants permission to a foreign alien who is engaged to marry a U.S. citizen to enter U.S. for getting married inside United States. For your fiancé to get a fiancé visa to enter United States, you will need to file a petition using Form I-129F with U.S. Citizenship and Immigration Services (USCIS). If the Form I-129F petition is approved, it will then be forwarded to the U.S. consulate in the fiancé's home country for review. The review process could take several months. An personal interview with the alien applicant will be scheduled to take place at the consulate. If the visa interview process goes well, the K-1 fiance visa will be issued to the alien applicant. Once the fiancé visa is issued, the alien immigrant has 6 months time period to enter United States, and then another 90 days for the alien fiancé to get married inside United States. If possible, It it best to get married early in stay if the alien fiancé wishes to apply to adjust status inside United States to get a U.S. green card. An immigrant who marries a U.S. citizen must apply for U.S. green card. This process includes many USCIS forms and documents. The green card application can be refused, because of a medical problem, criminal history, past immigration violations, or the U.S. immigration authorities' belief that the marriage is a fraud to get a green card. After successfully obtaining a U.S. green card, the immigrant spouse can apply for U.S. citizenship, after 3 years as a U.S. permanent resident, assuming that the alien spouse still married and living together when the immigrant applies. http://www.greencardfamily.com/question/question2015/K1_Fiance_Visa_081815.htm http://www.greencardfamily.com/k1visa.htm

"Notice of Intent to Deny" from USCIS for my Form I-140 application.

Question: I recently get a letter of "Notice of Intent to Deny" from USCIS for my Form I-140 application. What is the difference between the Request for Evidence and Notice of Intent to Deny? Answer: A Request for Evidence (RFE) from a USCIS Service Center is that the USCIS adjudicator is requesting additional evidence to address and support specific parts of the pending I-140 petition. The petitioner may have certain days indicated in the RFE notice to respond the requests in the RFE notice. If the petitioner does not respond within the indicated time, the petition may be denied by USCIS. After USCIS receives your response to an RFE notice, further action will generally occur within 60 days, but may take longer for some cases. A Notice of Intent to Deny (NOID) is that the USCIS adjudicator is giving notice that USCIS will deny the pending case, unless you provide certain extra documentation. The petitioner may have certain days indicated in the NOID notice to respond. If the petitioner does not respond within the prescribed period, the petition may be denied. Once the USCIS receives your response to an NOID, further action will generally occur within 60 days, but may take longer. www.greencardapply.com/ea/eb1a-questions.htm www.greencardapply.com/ea.htm

The Reference Letters for the Alien’s Contributions in the Field

The Reference Letters for the Alien’s Contributions in the Field The foreign applicant should obtain multiple letters of recommendation or recommendation letters from recognized experts in their academic field. The majority of these letters should be from independent experts outside the alien applicant's circle, and preferably from international sources. The letters should evidence the foreign national’s international recognition as extraordinary in their field and original scientific or scholarly research contributions. The letters should state that the foreign national is extraordinary and in what ways. The letter of recommendation is also called reference letter, and it is a letter written by an expert in the alien applicant's field. The recommendation letters are essential for EB1 Extraordinary Ability petition. The USCIS adjudicators are normally not experts in an academic field, thus the only way for them to determine whether an alien applicant qualify for extraordinary ability is looking at submitted objective evidence. A recommendation letter is among the most important objective evidence. Generally, scholarly work is expressed in specialized language. In order to assist the alien’s original contributions in the field, USCIS adjudicators will consider the reference letters from the experts in the field for the alien’s contributions. But not all reference letters could help to provide such analysis. The reference letters that specifically indicate how the alien beneficiary has contributed to the field and its impact on subsequent work would add value for an EB-1A petition. On the other hand, the reference letters do not include specifics, and simply use hyperbolic language do not add value for an EB-1A petition. www.greencardapply.com/ea/extraordinaryability-referenceletters.htm www.greencardapply.com/ea.htm

Consular Processing - Another Primary Path to Green Card of United States

Consular Processing - Another Primary Path to Green Card of United States Question: USCIS has approved my Form I-140 - Petition for Alien Worker, but my H-1B visa has close to 6-years limit and the immigration visa number is not available for me at this time. Therefore, I cannot file Form I-485 application inside U.S to get my Green Card. What is my solution? Please help! Answer: There are two primary paths to U.S. permanent resident status (a Green Card). USCIS Form I-485 application of adjustment of status is a process by which an eligible person, who is already in the United States, can apply for U.S. permanent resident status without having to return to his/her home country to complete the processing of Green Card application. Another primary path to U.S. permanent resident status is called "Consular Processing." An foreign person who is the beneficiary of an approved immigrant petition, such as Form I-140 approval or Form I-130 approval, and has an immigrant visa number immediately available may apply at a U.S. Department of State (DOS) consulate abroad for an immigrant visa, to come to U.S. and be admitted as a permanent resident. Thus, this pathway is referred to as “consular processing.” The first step in consular processing is to determine if you fit into a specific U.S. immigrant category. Many immigrants become eligible for a U.S. Green Card through a petition filed by a family member (Form I-130 approval) or U.S. employer ( Form I-140 approval). The employment based immigration categories require the U.S. employer to file a Form I-140 - Petition for Alien Worker. The family based categories require that a U.S. citizen or permanent resident relative file a Form I-130 - Petition for Alien Relative. If the immigration petition is approved (Form I-140 approval or Form I-130 approval) and if you are the beneficiary of the petition and living outside the U.S., USCIS can send the approved petition to the Department of State’s National Visa Center (NVC) for consular processing, where it will remain until an immigrant visa number is available. http://www.greencardapply.com/question/question15/Consular_Processing_081015.htm http://www.greencardapply.com/i485.htm

Employer's Ability to Pay for EB1 Multinational Executive or Manager Petition

Employer's Ability to Pay for EB1 Multinational Executive or Manager Petition Question: For my EB1 Multinational Executive or Manager Green Card application (EB-1C), we received an Request For Evidence (RFE) notice from USCIS for more evidence of "the employer's ability to pay. " What documents can be supplementary evidence for the RFE response? Answer: For EB1 Multinational Executive or Manager Green Card application (EB-1C), if the required initial evidence does not establish ability to pay, the USCIS adjudicator may send a Request For Evidence (RFE) notice to the petitioner for more evidence, or even deny the EB-1C petition since the petitioner has not met the burden to establish eligibility for the requested benefit. Normally, net income and net current assets do not always accurately reflect the financial health of an organization or the employer. Therefore, according to these calculations, it may appear that the petitioner has not demonstrated an ability to pay. Thus, the use of additional financial information and different evidence may be able to demonstrate the employer's ability to pay. The USCIS adjudicator can consider additional financial information, such as profit/loss statements, bank account records, or personnel records, but he or she may choose not to accept such information or different calculations. But it is wise to provide all financial information that may show ability to pay and to clearly explain how additional evidence other than net income and net current assets demonstrate the ability to pay. The petitioner can have its financial officers and accountants perform such calculations in order to show that the company is able to pay the beneficiary. Statements from the petitioner’s financial officers clearly explaining the analysis and how it proves ability to pay should then be included with the EB1 Multinational Executive or Manager Green Card application. http://www.greencardapply.com/question/question15/EB1C_Ability_To_Pay_081115.htm http://www.greencardapply.com/manager.htm

USCIS Adjudicator's Wide Discretion in Adjudicating the EA-1A Petition

USCIS Adjudicator's Wide Discretion in Adjudicating the EA-1A Petition Question: I submitted by EB1 Extraordinary Ability (EA-1A) petition 2 months ago, and then received a Request For Evidence (RFE), which challenges the evidence's "ineligibility" that I provided with very high standard of requirements. What I should do? Please help! Answer: The alien applicants should be aware that approvals in the EB1 Extraordinary Ability (EA-1A) petitions are difficult to obtain. The legal standard requires showing that the alien applicant has reached the very top of his or her field. The legal standard in the EB1 Extraordinary Ability category is high. While this category was intended to apply to a small group of extraordinary individuals, it was not meant to be unattainable. There are alien applicants who are able to demonstrate their extraordinary abilities in the fields of science, art, education, business, and athletics. It is necessary to establish that this extraordinary ability has been demonstrated by sustained national or international acclaim, and that the achievements have been recognized in the field with extensive documentation. In some EB1 Extraordinary Ability petition cases, additional challenges are applied in this category by USCIS adjudicators, which are going beyond the high standard that is appropriate for the EA-1A category, and creating novel requirements. USCIS adjudicators have wide discretion in adjudicating the EA-1A petition cases, and the complexity of the evidence presented. USCIS adjudicators sometimes apply heightened legal standards for EB1 Extraordinary Ability petitions to support a negative decision, or a Request For Evidence (RFE) In such cases, it can be difficult to challenge the ineligibility finding made by the adjudicators, or provide evidence to reply the Request For Evidence. Therefore, it is necessary to carefully analyze the actual legal criteria, and the application of the criteria by the adjudicator to the often highly complex individual facts. http://www.greencardapply.com/question/question15/EA1A_Petition_082415.htm http://www.greencardapply.com/ea.htm

How Can I Meet the "Advanced Degree" Requirement for National Interest Waiver Petition?

How Can I Meet the "Advanced Degree" Requirement for National Interest Waiver Petition? Question: I have a baccalaureate degree in engineering from my home country, and also have more than 5 years work experience in my field. Can I apply for Green Card in the EB2 National Interest Waiver category? and how could I prove that I can meet the "advanced degree" requirements for National Interest Waiver petition requirement? Answer: For EB2 National Interest Waiver (EB2 NIW) petition, the petitioner must establish that he or she have an advanced degree as of the priority date. The petitioner should submit advanced degree certificate with certified translation of English language, and/or submit a detailed advisory evaluation of the beneficiary's foreign credentials. The evidence for advanced degree may consist of the following documentation: • A copy of the beneficiary's official academic record, showing that the beneficiary has a U.S. advanced degree or a foreign equivalent degree, the dates of attendance, area of concentration of study, and the date the beneficiary received the degree; or • A copy of the beneficiary's official academic record showing that the beneficiary has a U.S. baccalaureate degree or a foreign equivalent degree, and evidence in the form of letters from current or former employer showing that the beneficiary has at least five years of progressive post-baccalaureate experience in the specialty. The employer can issue the letter of experience on official letterhead and must list the employer's name and address, the date, the signer's name and title, and a description of the beneficiary's experience, including dates of employment and specific duties. If the beneficiary completed his education outside the United States, in addition to the beneficiary's official academic record, the petitioner should submit a detailed advisory evaluation of the beneficiary's credentials. This evaluation is necessary to determine the level and major field of the beneficiary's education in terms of equivalent education in the United States. An acceptable evaluation should consider formal education only, and not practical training or experience; state whether the beneficiary completed the United States equivalent of high school before entering college; provide a detailed explanation of the evaluated material, rather than a simple conclusive statement; and briefly state the evaluator's qualifications and experience. http://www.greencardapply.com/question/question15/NIW_Advanced_Degree_082515.htm http://www.greencardapply.com/niw.htm

Obtain Multiple Reference Letters for EB1 Extraordinary Ability (EB-1A) Application

Obtain Multiple Reference Letters for EB1 Extraordinary Ability (EB-1A) Application Many EB1 Extraordinary Ability application include letters of reference. Certain testimonials written by other experts working in the alien applicant’s field may be submitted as evidence. But the letters of reference should not be the cornerstone of a successful application of EB1 Extraordinary Ability. Be sure to include letters from experts in the field who have not collaborated directly with the alien beneficiary, or from "independent experts" in the field. However, it undermines the claim to an international reputation when the peer reference did not previously know the beneficiary, but is writing the letter simply after reviewing his or her resume and publications. Therefore, a combination of letters from collaborators and mentors who describe the beneficiary’s reputation in the field, along with a few other letters from independent references who know the beneficiary’s work via their conference presentations or publications, is the best recipe for success. 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 petition. By "independent", the USCIS means an expert with whom the alien applicant 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. www.greencardapply.com/ea/extraordinaryability-referenceletters.htm www.greencardapply.com/ea.htm

How to Find a Medical Doctor for the Form I-485 Medical Examination?

How to Find a Medical Doctor for the Form I-485 Medical Examination? Question: After the EB1 Extraordinary Ability approval by using your EB-1A DIY package, I need to file Form I-485 application to get my Green Card. Please let me know how to find a medical doctor for the I-485 medical examination? Answer: When an alien immigrant applys for Green Card by using Form I-485 for adjustment of status, the alien applicant should have a medical examination. The medical examination can be done by a medical doctor who is authorized by U.S. Citizenship and Immigration Services (USCIS). The authorized medical doctors are called also civil surgeons. The U.S. Citizenship and Immigration Services has launched an improved online application, called "Find a Doctor" (https://my.uscis.gov/findadoctor), to assist applicants for U.S. permanent residence (Green Card) find doctors authorized to provide the medical examination required for Form I-485 applications for adjustment of status. The website also provides useful information regarding the medical examination process in the immigration context. Many I-485 applicants need to undergo a medical exam performed by a USCIS authorized civil surgeon. Upon completion of the exam, the medical doctor will complete the report of medical examination and vaccination record (Form I-693), places it in a sealed envelope, and provides it to the alien applicant. This sealed envelope must accompany the Form I-485. The USCIS also now issues Requests For Evidence (RFEs) on long-pending I-485s to ask for updated medical examinations. The "Find a Doctor" web tool provides the names and contact information for authorized civil surgeons in the area based on the address or zip code provided by the individual. It also lists what documents applicants should bring to their respective appointments and briefly explains the medical tests conducted during the exams. http://www.greencardapply.com/question/question15/I485-Medical-Exam_051815.htm http://www.greencardapply.com/i485.htm

Unauthorized Employment and Form I-485 Application for U.S. Green Card

Unauthorized Employment and Form I-485 Application for U.S. Green Card Question: My Form I-140 application based on the EB1-Outstanding Researcher (EB-1B) was approved 6 months ago by USCIS. Thereafter, I filed the Form I-485 application and EAD (Work Permit) for adjusting my status for U.S. Green Card. But then, I was laid off by my employer due to the company's business problem, and found a work in a small company with a lower pay. There is a gap between my approved EAD and the new employment, do you think it will be a problem for my Form I-485 approval with USCIS? Answer: For the impact of the unauthorized employment during the EAD gap on the pending Form I-485 application, the I-485 applicants should keep in mind two points. First, 245(k) provision makes I-485 applicants still eligible for I-485 approval, if since last admission to the U.S. before filing of I-485 application, and they should have accumulated an aggregate of less than 180 days of unlawful stay or unauthorized employment, during the period either before or after filing of I-485 application. As a USCIS rule, a foreign national is barred from adjustment of status (Form I-485 application) for certain immigration-related violations. The alien applicants who are not in lawful immigration status on the date of filing the Form I-485, or who have failed to maintain lawful immigration status since entry into the U.S., generally are not eligible to file the Form I-485 and obtain approval. The rule is true of those who violate the terms and conditions of their admission inthe United States. The alien applicants who engage in unauthorized employment are also ineligible to file or obtain approval of the I-485. However, Section 245(k) provides a helpful exception to these general rules for those who may have violated their respective statuses for a limited period. In calculating 180 days, they should aggregate both the days of unlawful stays and the days of unauthorized employment. Consequently, even if the unauthorized employment has lasted less than 180 days, the alien can be ineligible for I-485 application approval, if the total period of unlawful stay AND unauthorized employment add up to 180 days or longer. http://www.greencardapply.com/question/question15/I485-245K-Provision_053015.htm http://www.greencardapply.com/i485.htm

The Difference Between the EB2 NIW and the EB1 Extraordinary Ability Application

The Difference Between the EB2 NIW and the EB1 Extraordinary Ability Application Question: I want to know the difference between the EB2 National Interest Waiver (EB2 NIW) application and the EB1 Extraordinary Ability (EB-1A) application. What are the advantages of one over the other? Answer: The EB2 National Interest Waiver (NIW) and all EB1 immigrant categories (EB1 Extraordinary Ability, EB1 Outstanding Researcher and Professor, and EB1 Multinational Executive or Manager) do not not require Labor Certification. For the EB2 Exceptional Ability category (not EB2 NIW), the U.S. employer can submit the Form I-140 petition only after obtaining the Labor Certification from U.S. Department of Labor. The EB1 Extraordinary Ability and EB2 NIW immigrant categories can be self-petitioned, so the foreign aliens do not even need an job offer of employment and the U.S. employer's sponsorship. But for EB2 Outstanding Researcher and Professor petition, an applicant needs a job offer and U.S. employer's sponsorship. The scope for EB2 NIW petition does not have to be very narrow. An alien applicant can submit both EB1 NIW and EB-1A petitions at the some time to increase the approval chance, if the alien applicant can meet the qualification requirements. If an alien applicant is from a visa retrogressed countries, such as India or China, then EB1 category is more desirable route than NIW, becuse the waiting time for filing Form I-485 form is much shorter. http://www.greencardapply.com/question/question15/EB2-NIW-Advantages_051715.htm http://www.greencardapply.com/niw.htm

The Alien Applicant Should Meet the Three-Prong Test for EB2 National Interest Waiver Petition

The Alien Applicant Should Meet the Three-Prong Test for EB2 National Interest Waiver Petition As the USCIS adopted AAO decision for EB2 National Interest Waiver petition, the standard for the National Interest Waiver can be broken down into 3 prongs: 1) The alien must seek employment in an area of substantial intrinsic merit: This prong for a EB2 National Interest Waiver application is applicable to many areas. To demonstrate that the alien applicant’s work is important, the petitioner should be able to clearly explain the benefits of the alien applicant's work. Most scientific and engineering disciplines can directly benefit society and people's life, and the reference letters and other supporting evidence should indicate the ways in which the alien applicant’s work benefits the society. In the case of New York State Department of Transportation's NIW petition, the USCIS indicated that the construction of bridges inside New York State is in an area with substantial intrinsic merit. 2) The proposed benefit must be national in scope: After the petitioner showing that the alien applicant works in an area of substantial intrinsic merit, the petitioner needs to prove that the alien's work can benefit the nation in scope. As in the case of New York State Department of Transportation's NIW petition, the alien applicant can involve in projects that affect the nation as a whole indirectly, such as working on roads and bridges in a specific area (inside New York State only). According to USCIS, while the alien's work does not directly impact the nation as a whole, it represents technological progress that may be used in other parts of the United States. Also, this prong requires the benefits with national importance should not be contrary to any part of the nation, or the benefit for one area should not deprive the another area. Therefore, the petitioner can argue that the alien applicant's proposed benefits are national in scope, if an area of work has substantial intrinsic merit, and also has no contrary to the interests of other parts of the United States. 3) The national interest would be adversely affected if a labor certification were required for the alien: This is the difficult requirement to demonstrate in an EB2 National Interest Waiver petition, and the petitioner needs to prove that the alien applicant is capable of performing at a substantially higher level than a minimally qualified U.S. worker. This is a subjective standard that requires skilful argument and appropriately worded recommendation letters and reference letters. http://www.greencardapply.com/ http://www.greencardapply.com/niw/niw-process.htm

Extraordinary Ability Application Process

Extraordinary Ability Application Process - the "Two-Part Evaluation" for EB1 Aliens of Extraordinary Ability The initial evidence must include either evidence of a one-time achievement (i.e., a major international recognized award, such as the Nobel Prize), or at least three of the ten types of evidence. USCIS adjudicator must use a two-part analysis to determine eligibility First, the adjudicator must determine if the applicant has, by a preponderance of the evidence, met at least three of the criteria, and then the adjudicator should consider all of the evidence in totality in making the final merits determination. To evaluate whether the evidence provided meets at least three criteria, USCIS adjudicator must determine whether the application is supported by evidence of a one-time achievement (that is, a major, internationally recognized award). If it is not, then they must make a determination that is limited to whether the evidence submitted in the application meets at least three criteria as discussed above. Meeting the minimum requirement of providing evidence relating to at least three criteria does not, in itself, establish that the alien in fact meets the requirements for classification as an Alien of Extraordinary Ability. In making this determination, the quality of the evidence, such as whether the judging responsibilities were internal and whether the scholarly articles (if pertinent to the occupation) are cited, is an appropriate consideration in the final merits determination. In addition, the performance of the alien applicant at the so-called major-league level does not automatically establish that he or she meets the extraordinary ability standards. Also, U.S. Congress intended that in the absence of a one-time achievement, an alien could qualify for the classification based on a career of acclaimed work. www.greencardapply.com/ea/extraordinary-ability-evaluation.htm www.greencardapply.com/ea.htm

USCIS' Expedite Process for "Aging-out" Child about to Reach 21 Years of Age

USCIS' Expedite Process for "Aging-out" Child about to Reach 21 Years of Age Question: I am a family-based new immigrant. I will sent out my Form I-1485 application to USCIS very soon. I have a 20 years son who will be included in my Form I-1485 application. I am worry about that he may reach 21 years old before the Form 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 immigration, 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/question2015/Child-Aging-Out_040115.htm http://www.greencardfamily.com/child.htm

My I-485 Application Is Pending. Can I Leave U.S. Now?

My I-485 Application Is Pending. Can I Leave U.S. Now? Question: My I-485 adjustment application is pending. Can I leave the U.S. while waiting for the Green Card? Answer: If your Form I-485 application is pending, and if you have a valid and unexpired visa, such as H, L, O, K or V visa, then you can travel to outside of United States. If you do not have a valid visa, or your visa is expired, before you leave the United States while waiting to be called in for and interview on your adjustment of status application, you should apply for a permit called "Advance Parole," using Form I-131 issued by U.S. Citizenship and Immigration Services. If you have not already included the "Advance Parole" form with your Form I-485 adjustment of status packet, you can submit it separately. You can avoid paying a separate fee with this I-131 application by submitting a copy of the Form I-485 receipt notice that you got from USCIS upon submitting your adjustment application. If you do not submit Form I-131 application before you leave the United States, USCIS may consider your application to have been abandoned, and will stop processing it. You will then be denied U.S. entry unless you have some other form of visa. http://www.greencardfamily.com/question/question2015/I131-Advance-Parole_040215.htm http://www.greencardfamily.com/i485.htm

What Should I Do for My O-1 Job Change in the United States?

What Should I Do for My O-1 Job Change in the United States? Question: I am a TV producer working in United States with O1 visa. I may need to work with another project about a professional athlete team in the same company but in another city. Do I need to let the USCIS know this? Also, If I change employer in the future, what should I do for my status in United States? Answer: If there has been material change in the terms and conditions of the O-1 visa holder's employment or the eligibility for the employment in United States, the O-1 employer should file an amended petition on USCIS Form I-129 with the USCIS Service Center where the original O-1visa petition was filed. If an O-1 nonimmigrant wants to change employer in the United States, then the new employer should file a USCIS Form I-129 with the USCIS. If the previous O-1 visa petition was filed by an agent, not by the employer, then an amended Form I-129 petition must be filed with evidence relating to the new employer and a request for an extension of stay. There are special rule for athletes. When professional athletes with O-1 nonimmigrant status are traded from one team to another, employment authorization will continue with the new team for 30 days during which time the new employer must file a new Form I-129. The simple act of filing the Form I-129, within this 30-day period, extends the employment authorization at least until the petition is adjudicated. If the new employer does not file a new Form I-129 within 30 days of the trade, the athlete loses his or her employment authorization. The athlete also loses his or her employment authorization if the new Form I-129 is denied. http://www.greencardapply.com/o1visa.htm http://www.greencardapply.com/question/question15/O1-Job-Change_042715.htm

Permanent Position for EB1 Outstanding Researcher or Professor and the Employment "At Will"

Permanent Position for EB1 Outstanding Researcher or Professor and the Employment "At Will" Question: I am from a visa retrogressed country with EB2 National Interest Waiver (EB2 NIW) pending. I am planning to apply for EB1-Outstanding Researcher or Professor (EB-1B) through employer, which is a small state college. The question is my employer willing to sign the Form I-140 petition but stating I am a full time researcher with employment at will. Is it necessary to state I have a "permanent position" for EB1 Outstanding Researcher or Professor petition? Answer: According to USCIS, the “good cause for termination” clause has been an important issue when adjudicating EB1-Outstanding Researcher or Professor petitions. This clause should be included in employment offers to ensure that the job is not “at will” employment. However, USCIS also indicated that EB1-Outstanding Researcher or Professor petitions should not be denied simply because the offer of employment is lacking a “good cause for termination” clause. Therefore, the employment "at will" is also accepted by USCIS for EB1-Outstanding Researcher or Professor petitions, since USCIS considers it is a common business practice to have such clause in the job offer letters. If the employment "at will" cause is in your job offer, then in the EB-1B petition, your employer needs to demonstrate that your research position will have “an expectation of continued employment.” http://www.greencardapply.com/or.htm http://www.greencardapply.com/question/question15/EB1B_Employment_042615.htm

Can I File a Motion to Reopen or Motion to Reconsider after Form I-140 Denial?

Can I File a Motion to Reopen or Motion to Reconsider after Form I-140 Denial? Question: My Form I-140 immigrant visa application was denied after the Request For Evidence (RFE) response to USCIS. What should I do next? Can I file a appeal of a Motion to Reopen? or file a Motion to Reconsider? Answer: A Motion to Reopen is a request to the original decision officer of USCIS to review a decision of the immigrant petition. The motion must be based on factual grounds, such as the discovery of new evidence or changed circumstances. If your Form I-140 immigrant petition was denied by USCIS due to a Request For Evidence (RFE) or a Notice of Intent to Deny, you can file a motion to reopen if you can show that: •The requested evidence was not material; •The required initial evidence was submitted with the petition; •The request for appearance or additional evidence was complied with during the allotted period, or •The request for evidence or appearance was not sent to the address of record. As another choice, you can also file a "Motion to Reconsider." A motion to reconsider is a request to the original decision officer of USCIS to review a decision based on new or additional legal arguments. The motion must establish that the decision was incorrect based on the evidence of record at the time of that decision, and it must state the reasons for reconsideration. A motion to reconsider must be supported by “any pertinent precedent decisions to establish that the decision was based on an incorrect application of law or USCIS policy.” Unlike a motion to reopen, new evidence or changed circumstances cannot support the filing of a motion to reconsider. http://www.greencardapply.com/question/question15/Form-I140-Appeal_041115.htm http://www.greencardapply.com/i140.htm

Can I Apply for J-1 Waiver Based on Exceptional Hardship?

Can I Apply for J-1 Waiver Based on Exceptional Hardship? Question: I am the J-1 visa holder with the requirement of 2-year home country service. My U.S. citizen has medical problem. Can I apply for J-1 waiver in hardship? Is it difficult to get approval? Answer: Many J-1 visa holders are required to return to their home country for two years, or must obtain a “J-1 waiver” before they can change or adjust their status in the United States. If a J-1 visa holder does not want to return home country for the two-year to meet the home country residence requirement, he or she can apply for a waiver of the requirement under any one of following five grounds: 1) request by a designated State Department of Health; 2) Interested Government Agency (IGA); 3) persecution; 4) no objection statement; or 5) exceptional hardship. A J-1 visa holder who can demonstrate that his/her departure for two years would cause “exceptional hardship” to their United States citizen or permanent resident spouse or child may obtain a waiver of the two-year foreign residence requirement. The benefits of the hardship waiver are that if approved, the applicant can immediately apply for permanent residence (Green Card) or change of status in the United States. The disadvantages include that the outcome of the J-1 exceptional hardship waiver application is difficult to predict. The typical hardships include medical hardship, psychological hardship, political and social conditions in the home country, and economic and career disruption which would impact the qualifying relatives. Length of marriage, number of children, original nationality of the qualifying relative, and any past separation between the J-1 waiver applicant and the qualifying relatives can also be taken into consideration. Mere separation is not enough to outweigh the public policy objectives of the J1 program. Because the J-1 hardship waiver is not easy to obtain and it is subject to discretionary considerations by adjudicating officers, the J-1 waiver in exceptional hardship should be submitted with careful preparation. http://www.greencardapply.com/question/question15/J1-Waiver-Exceptional-Hardship_041015.htm http://www.greencardapply.com/j1.htm

How to Prove that Requiring a Labor Certification Would Adversely Affect the U.S. National Interest

How to Prove that Requiring a Labor Certification Would Adversely Affect the U.S. National Interest Proving the first two prongs of the three-prong test for EB2 National Interest Waiver petition is not very difficult for many petitioners, but proving the third prong could be challenging for some EB2 National Interest Waiver petitioners. In the NYSDOT case, the petitioner failed to show that it would “suffer a substantial disruption in its efforts to maintain New York’s bridges and roads” if an EB2 National Interest Waiver petition were not granted. To meet this requirement, the alien applicant should demonstrate that “the national interest would be adversely affected if a labor certification were required.” It means that the alien applicant should show a national benefit that is so great that the benefit outweighs the national interest in protecting job opportunities for U.S. workers having the same minimum qualifications through the DOL's labor certification process. For the third prong test, the petitioner may argue that the alien applicant's skill set and achievements are outstanding, thus the labor certification process may overlook the exceptional skills and outstanding achievements, and therefore harm the U.S. national interest, by employing other workers only meeting the minimum qualification requirements for employment in the proposed field. To help satisfy this requirement, the alien applicant may focus on several aspects: 1) Alien's past record of achievement: The alien applicant may provide evidence of the alien's past record of achievement. The alien applicant should establish that “the alien’s past record justifies projections of future benefit to the national interest.” These specific past achievements should distinguish the alien applicant from other people in the field. These past achievements can be shown in the form of publications, citations, prizes or awards, patents, organization membership, judging the work of others, presentations at conferences or seminars, authoring book chapters, and media coverage. 2) Significant impact or influence on the field: The alien applicant may demonstrate a significant impact or influence on the field of endeavor. The alien applicant could demonstrate “a significant benefit to the field of endeavor” by showing the practical significance of the alien’s work or the widespread adoption by others in the field, through evidence such as citations to the work or successful applications of the work in the field. http://www.greencardapply.com/ http://www.greencardapply.com/niw/niw-criteria-analysis.htm

The EB-1A Criteria Analysis - Alien's Original Scientific, Scholarly, Artistic, Athletic, or Business-Related Contributions of Major Significance in the Field

The EB-1A Criteria Analysis - Alien's Original Scientific, Scholarly, Artistic, Athletic, or Business-Related Contributions of Major Significance in the Field To satisfy this EB1 extraordinary ability criterion, the petitioner should provide evidence of the alien's "original contributions of major significance" to the field. The arguments alone are not sufficient. Although published work and funded research could be "original contributions” to a field. USCIS will check if the published work and funded research is indeed a major, significant contribution to the field. USCIS will determine whether the alien has made original contributions in the field, and whether the alien’s original contributions are of major significance to the field. USCIS officers will evaluate whether the alien applicant's work constitutes major, significant contributions to the field. Although funded research and published work may be “original,” this fact alone is not sufficient to establish that the alien applicant's work has "major significance." For example, peer-reviewed presentations or peer-reviewed articles in scholarly journals may have significance of the alien’s contributions to a field, if the presentations or articles have provoked widespread commentary or received a goodly number citations. To assist the USCIS' assessment of the alien’s original contributions in a field, USCIS officers will also consider the reference letters from experts in the fields regarding the significance of the alien’s contributions. But only reference letters that specifically indicate the alien applicant’s contributions of major significance to the field and its impact on subsequent work could add value for the EB-1A petition. The reference letters that lack specifics do not add value, and will not be considered to be probative evidence by USCIS. To meet this criterion, the submitted evidence should show that the beneficiary’s contributions are considered to be of major significance in the field of endeavor. To assist in determining whether the beneficiary’s contributions are original and of major significance in the field, the petitioner may submit: • Objective documentary evidence of the significance of the beneficiary’s contribution to the field. • Documentary evidence that people throughout the field currently consider the beneficiary’s work important. • Testimony and/or support letters from experts which discuss the beneficiary’s contribution of major significance. • Evidence that the beneficiary’s major significant contribution has provoked widespread public commentary in the field, or has been widely cited. • Evidence of the beneficiary’s work being implemented by others. Also, the reference letters and testimonies, if submitted, must provide a much detail as possible about the beneficiary’s contribution, and must explain, in detail, how the contribution was “original” (not merely replicating the work of others), and how they are of “major” significance. General statements regarding the importance of the endeavors are insufficient. www.greencardapply.com/ea/extraordinary-ability-criteria.htm www.greencardapply.com/ea.htm

Is the Interview for Form I-485 Application (Adjustment of Status) Required? Question: Are adjustment of status interviews always required for Form I-485 application? Answer: In many Form I-485 application cases, usually where the alien immigrant is applying for a Green Card based on employment in the United States, USCIS will decide that an interview is not necessary. The alien applicant will receive its decision on Form I-485 application by mail in writing, without an interview. Or USCIS may request additional documents from the Form I-485 applicant, and then make a decision. However, if the alien applicant are applying for Green Card of Form I-485 application based on marriage, the applicant mat be called in for an adjustment of status interview. That’s because USCIS is very concerned about people committing marriage fraud, and wants to have a chance to test the spouse on knowledge of everyday matters that will prove that you are sharing a life. Also for Form I-485 application based on marriage, if USCIS suspects marriage fraud in a Form I-485 application case, it may separate you and your spouse in separate rooms, for what is called a “marriage fraud interview.” That means USCIS will ask each of you the same questions, and then compare your answers. If the answers don’t match up well, you can expect your Green Card to be denied. http://www.greencardapply.com/question/question15/I485_Interview_031615.htm http://www.greencardapply.com/i485.htm

The Foreign Labor Certification iCERT Visa Portal System Question: What is Foreign Labor Certification iCERT Visa Portal System? How to apply for the Labor Condition Application for Nonimmigrant Workers? Answer: The iCERT Visa Portal System provides a single point-of-entry for employers, attorneys, and agents to file and track their employment-based visa applications It is a portal system in the DOL Foreign Labor Certification site that gives a number of features. Registration creates a single account system for each employer or legal representative and the information in the account is shared throughout the subsequent filings of new LCAs and PERMs. If you are new to iCERT, you must create a new user account to access any electronic filing system. Begin on the iCERT Home Page http://icert.doleta.gov The portal will also allow access to the Online Wage Library in the portal rather than as a separate site. According to the agency's information, the new portal system will include the followings: * Prepare applications with the feature of automatic pre-populating of visa forms with the employer's business/contact information. * Create and manage sub-account users (e.g., HR staff or in-house legal counsel) to prepare and submit applications on behalf of the company. * Track the status of applications across visa programs through a single account. * Submit requests to withdraw applications or authorize sub-account users to do so on behalf of the company. * Notify DOL, at any time, when the employer becomes aware that applications for labor certification have been submitted without its authorization. * Allow attorneys or agents and their sub-account users such as paralegals to prepare and submit applications taking advantage of all the foregoing features which will be allowed to their clients, employers. http://www.greencardapply.com/question/question15/iCERT_Visa_Portal_031515.htm http://www.greencardapply.com/perm.htm

What Is the Procedure of FBI Name Check?

What Is the Procedure of FBI Name Check? Question: My NIW Green Card application has been approved, thank you very much for your very helpful NIW DIY package! I and my wife also filed the I-485 application, and we just get fingerprinted. We were told that we need to wait for the FBI name check. What is the procedure of the "FBI name check", and how long it would 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.greencardapply.com/question/question14/I485_Name_Check_0608.htm http://www.greencardapply.com/i485.htm

Application Documents for P3 Visas - Culturally Unique Individual or Group

Application Documents for P3 Visas - Culturally Unique Individual or Group Question: I am a singer in a performing group. Our group is invited to perform at an noncommercial cultural event this summer at Chicago by a U.S. organization. We were told that we need to apply for P3 visa to come to U.S. to participate the event. What kind of documents we need to prepare the P3 visa application? Answer: The P3 visa is for artists or entertainers who come to United States to develop, interpret, represent, teach, or coach in a program that is considered culturally unique, either individually or as part of a group. The art or entertainment program may be of either a commercial or noncommercial nature. The P3 applicant must be coming to United States to participate a cultural event or events that will further the understanding or development of an art form. For P3 visa application, the U.S. employer should submit an application to USCIS on behalf of the alien applicant, including the following evidence: 1) statements from experts in the field, to show the authenticity of the person or group’s skills in performing, presenting, coaching, or teaching the unique or traditional art form. 2) evidence that the person or group’s art form is culturally unique, as shown by reviews in newspapers, journals, or other published materials, and that the performance will be culturally unique. www.greencardapply.com/question/question14/P3_Visa_Application_0607.htm http://www.greencardapply.com/pvisa.htm

The Basic Requirement for EB1 Extraordinary Ability application

The Basic Requirement for EB1 Extraordinary Ability application The first basic requirement for EB1 Extraordinary Ability application is that you must be able to establish that you have extraordinary ability in your field. The EB-1 extraordinary ability immigrant visa is for alien applicants who are recognized as being at the very top of a field, and who are coming to U.S. to continue their work in the field. To establish the eligibility EB-1 extraordinary ability application, the petitioner must demonstrate sustained national or international acclaim, and that the alien applicant's achievements have been recognized in the field. The following are the USCIS requirements for EB1 Extraordinary Ability application: "The EB1 Extraordinary Ability classification applies to individuals with extraordinary ability in the sciences, arts, education, business, or athletics. The individual must demonstrate that they have sustained national or international acclaim, and that their achievements have been recognized in the field of expertise, indicating that they are one of that small percent who has risen to the top of their field of endeavor. The individual must plan to continue to work in their area of extraordinary ability and must substantially benefit the United States." http://www.greencardapply.com/ea.htm http://www.greencardapply.com/ea/extraordinary-ability.htm

The USCIS' Two-Part Evaluation Approach for EB2 National Interest Waiver Petition

The USCIS' Two-Part Evaluation Approach for EB2 National Interest Waiver Petition The USCIS' Two-Part Evaluation approach adjudication method applies to EB2 National Interest Waiver Petition. The evidence listed in the NIW regulations serve only as guidelines for the petitioner. Eventually, the submitted evidence should establish that the "proposed benefit will be national in scope", and the "national interest would be adversely affected if a Labor Certification were required." USCIS adjudicators will use the Two-Part Evaluation process to evaluate the submitted evidence with an EB2 National Interest Waiver petition. First, USCIS adjudicators will evaluate the submitted evidence to determine which evidence meets the regulatory criteria, by a preponderance of the evidence. Second, USCIS adjudicators will evaluate the submitted evidence together, for the final merits determination regarding the total requirements for the EB2 National Interest Waiver immigrant visa category. Simply presenting evidence which relates to the EB2 National Interest Waiver criteria does not necessarily mean that the immigrant visa application should be approved, since the USCIS adjudicator needs to evaluate the submitted evidence. If the USCIS adjudicator determines that the evidence does not meet the standard for EB2 National Interest Waiver classification, the additional evidence may be requested by USCIS, or Request For Evidence (RFE). http://www.greencardapply.com/ http://www.greencardapply.com/niw/niw-questions.htm

The Basic Requirement for EB1 Extraordinary Ability application

The Basic Requirement for EB1 Extraordinary Ability application The first basic requirement for EB1 Extraordinary Ability application is that you must be able to establish that you have extraordinary ability in your field. The EB-1 extraordinary ability immigrant visa is for alien applicants who are recognized as being at the very top of a field, and who are coming to U.S. to continue their work in the field. To establish the eligibility EB-1 extraordinary ability application, the petitioner must demonstrate sustained national or international acclaim, and that the alien applicant's achievements have been recognized in the field. The following are the USCIS requirements for EB1 Extraordinary Ability application: "The EB1 Extraordinary Ability classification applies to individuals with extraordinary ability in the sciences, arts, education, business, or athletics. The individual must demonstrate that they have sustained national or international acclaim, and that their achievements have been recognized in the field of expertise, indicating that they are one of that small percent who has risen to the top of their field of endeavor. The individual must plan to continue to work in their area of extraordinary ability and must substantially benefit the United States." http://www.greencardapply.com/ea.htm http://www.greencardapply.com/ea/extraordinary-ability.htm

Is It True that the Conditional Green Card Will Expires after Two Years?

Question: My son and I have U.S. Green Card based on my marriage to U.S. citizen husband. We are now conditional permanent residents. Is it true that the conditional Green Card will expires after two years for my son also, unless necessary steps are taken? Answer: Because of the concern of the marriage being likely to be shams, U.S. Citizenship and Immigration Services (USCIS) will review the validity of the marriage based Green Card, by initially making the new immigrant a "conditional," not "permanent" resident. 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. The conditional residency will expire after two years. Before the expiration date, the immigrant will have to apply for permanent status. The application process involves proving that the marriage is ongoing, and supplying further proof that the couple is truly establishing a life together. This also means that the conditional Green Card 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/citizenspouse.htm http://www.greencardfamily.com/question/question2015/Conditional-Green-Card_013115.htm

Do I Remain in J-2 Status after My Marriage to the J-1 Husband Is Terminated?

Do I Remain in J-2 Status after My Marriage to the J-1 Husband Is Terminated? Question: My husband is in J-1 status, and I was admitted to the U.S. with J-2 visa. My husband and I now have a separation, and we do not plan to live together as husband and wife ever again. However, we have not gone through the legal divorce process. Am I still in valid J-2 status? Answer: Normally, physical separation or legal separation, a separation formalized by a court, of married parties does not constitute a legal termination of a marriage. This is the case even in circumstances where each party of the marriage has no intention of residing with each other again. However, in some instances, a legal separation may be considered a legal termination of a marriage for immigration law purposes. This occurs when the law of a state or country converts legal separations automatically into divorces after a period of time. You will remain in J-2 status until your marriage to the J-1 holder is terminated. Your physical separation from your husband should not influence your J-2 status. http://www.greencardfamily.com/question/question2015/J2-Status_020115.htm http://www.greencardfamily.com/index.htm

What Documents Should Be Used for EB-1C Multinational Executive or Manager Petition?

What Documents Should Be Used for EB-1C Multinational Executive or Manager Petition? Question: I am a L-1A visa holder for 2 years, and want to apply for Green Card in the category of EB1 Multinational Executive or Manager petition (EB-1C). How difficult is it to have EB-1C petition approved? What eligibility criteria and documents should be used in the case of EB-1C Multinational Executive or Manager petitions in Form I-140? Answer: The burden of proof in EB1 Multinational Executive or Manager petition (EB-1C) rests solely with the petitioner. The petitioner has to provide substantial evidence of the U.S. employer and the alien employee's position and duties. If an alien beneficiary is qualified for EB-1C petition with Form I-140, the probability of an EB-1C petition's success depends largely on the way the case is presented by the U.S. employer. If the evidence is relevant and well presented, and the argument is made persuasively, then the case should be approved routinely. The EB1 Multinational Executive or Manager petition should include the follow documents: 1) provide evidence and a cover letter that describes the name of the foreign employer; 2) the position offered in the U.S.; 3) the position held abroad and the years of employment as well as the date the beneficiary transferred to the U.S.; 4) state the claimed relationship between the foreign employer and the U.S. petitioner, i.e. affiliates, subsidiary, joint venture etc.; 5) provide evidence that the U.S. employer has been doing business for at least one year prior to the filing of the petition. http://www.greencardapply.com/question/question15/EB1C-Eligibility_020115.htm http://www.greencardapply.com/manager.htm

The Advantages of O-1 Visa over H-1B Visa?

The Advantages of O-1 Visa over H-1B Visa? Question: My employer is now considering to apply O-1 visa or H-1B visa for me, because the less H-1B visa quota each year. What are the major advantages of O-1 visa over H-1B visa? Can my wife work in U.S. legally if I am in the O-1 status? Answer: The O-1 visa and H-1B visa have some common requirements and characteristics. The H-1B visa allows the alien professionals in specialty occupations to work for a U.S. employer within 6 year limit. H-1B visa holders often work in fields including engineering, mathematics, science, biotechnology, and businesses. The O-1 visa is a working visa for aliens of extraordinary ability in the sciences, arts, business or athletics. The extraordinary ability can be proved with the evidence such as scholarly publications or proof of high salary that they are at the top of their respective field. An alien applicant seeking an H-1B visa may also be able to qualify for an O-1 visa, if they can provide the necessary documentation of their extraordinary ability. For the advantage of O-1 visa, there is no annual cap on the number of O-1 visa petitions the USCIS can approve each year, and there is no maximum number of years one can stay in O-1 status. Unlike H-1B, an O-1 visa petition does not require the Labor Condition Application (LCA) to be filed with the U.S. Department of Labor (DOL). However, an O-1 filing requires that aliens with extraordinary ability in arts to obtain an advisory opinion from a relevant peer group, which may sometimes be difficult to identify. Also, both H-1B and O-1 require an offer of employment, and O-3 visa dependents are not allowed to work in the U.S. http://www.greencardapply.com/question/question15/O1-Visa-Advantages_013115.htm http://www.greencardapply.com/o1visa.htm

Will the Job Change and New Job Title Affect My Pending Form I-485 Application?

Will the Job Change and New Job Title Affect My Pending Form I-485 Application? Question: My employer sponsored Form I-140 petition and Form I-485 application for me after the PERM Labor Certification was approved. The Form I-485 application for status adjustment has been pending for more than 180 days. Because the employer's business slow, I changed my job using the AC-21 rule after the 180 day of Form I-485 pending. My new position gives me a different position title, with the same duties as the job described in the PERM Labor Certification form the previous employer. Will the job change and new job title affect my pending Form I-485 application? Answer: The AC-21 rule's determination is governed by duties of the job rather than the job title, because the job titles often differ between companies, even for very similar positions. The AC-21 rule uses the terminology of "same or similar job classification." The alien employee's duties listed for the original job offer should be compared with the job duties of the new position to determine within which category he or she may fall. The job categories from Department Of Labor (DOL) are generally fairly broad. In many situations, this does not present a significant problem. It is important to know that the job duties are generally important, not the specific job title. http://www.greencardapply.com/question/question15/I485-AC21-Rule_011715.htm http://www.greencardapply.com/i485.htm http://www.greencardapply.com/perm.htm

Important Differences between the Labor Certification and the Employment Authorization Document (EAD)

Important Differences between the Labor Certification and the Employment Authorization Document (EAD) Question: My employer recently filed Labor Certification for me. Since my wife needs the work permit to work in U.S., can we use the approved Labor Certification for her to work in the United States? or what is the difference between Labor Certification and the Employment Authorization Document (EAD)? Answer: The Labor Certification is an immigration process step. Its goal is to "protect U.S. workers and the U.S. labor market by ensuring that foreign workers seeking immigrant visa classifications are not displacing equally qualified U.S. workers". The Labor Certification is a process of proving that there are no qualified U.S. workers for the position being offered. If there are qualified U.S. workers, then the alien worker cannot be offered the position on a permanent basis. The Employment Authorization Document (EAD) gives the alien beneficiary authorization to work for any U.S. employer. The Labor Certification itself does not give the alien beneficiary any work authorization. Also, the alien worker must have a job offer from a U.S. employer in order for the employer to file the Labor Certification. A U.S. employers file the Labor Certification application at the beginning of the alien employee's immigration process. However, an alien worker file the EAD application for himself/herself and spouse at the last step of the immigration process, with the adjustment of status or Form I-485 application. A Labor Certification is typically for a particular U.S. employer who files the Labor Certification with the Department Of Labor. But an alien worker can use an EAD to work for any U.S. employer. Also, the law forbids alien workers from paying any of the costs associated with an Labor Certification, but alien workers are allowed to pay any and all of the costs associated with the EAD application with USCIS. http://www.greencardapply.com/question/question15/Employment-Authorization-Document_011815.htm http://www.greencardapply.com/i485.htm http://www.greencardapply.com/perm.htm

USCIS' View of the Reference Letters for EB2 National Interest Waiver Petition

USCIS' View of the Reference Letters for EB2 National Interest Waiver Petition The USCIS adjudicators normally do not understand the alien applicant's work and contributions in the field, and they do not have the alien's expertise. Thus, the only way for them to determine whether a case may qualify the EB2 National Interest Waiver regulation requirements is by reviewing the submitted objective evidence. Based on our experience, people from government agencies, universities, and think tanks are the more prestigious reference letter writers for EB2 National Interest Waiver petition, and the recommendation letters or reference letters from U.S. government officials are especially helpful. As indicated at USCIS' National Interest Waiver adjudication regulations, recommendation letters or reference letters from U.S. government officials and government agencies attesting to the U.S. national interests which will be served by the alien's permanent residence will greatly increase the successful chances for a national interest waiver application case. When USCIS evaluates the statements in the reference letter, the relationship between the alien applicant and the reference letter writer is also an important considering factor. USCIS expects that an alien beneficiary in the EB1 extraordinary ability caliber should receive recognition beyond the circle of personal and professional acquaintances. In some cases, the statements in the reference letters make general assertions about the alien applicant, and may indicate that the alien is a competent or a respected person, but the writers of the reference letters fail to support such statements with sufficient evidence. USCIS may consider such reference letters, but they do not necessarily show the alien’s exception ability. USCIS' View of the Reference Letters for EB2 National Interest Waiver Petition http://www.greencardapply.com/ USCIS' View of the Reference Letters for EB2 National Interest Waiver Petition http://www.greencardapply.com/niw/niw-reference-letter.htm

What is the Application Process to Get an Immigrant Visa for a Brother of a U.S. Citizen?

What is the Application Process to Get an Immigrant Visa for a Brother of a U.S. Citizen? Help Desk: I am a U.S. citizen, and will apply for immigrant visa for my brother. What is the application process to get an immigrant visa for a brother of a U.S. citizen? Answer: To start the immigrant visa application process for U.S. citizen's brother or sister, the U.S. citizen will need to file an immigrant visa petition using USCIS Form I-130, with the proof of U.S. citizenship and the proof of siblings. Other evidence includes both person's birth certificate and showing at least one parent in common. If the U.S. citizen and his/her brother or sister are related only through a father with different mother, U.S. citizen will also need the father's marriage certificate from his marriage to U.S. citizen's mother, and the one from his marriage to his/her sibling's mother. What is the Application Process to Get an Immigrant Visa for a Brother of a U.S. Citizen? http://www.greencardfamily.com/question/question2015/Brother-Immigrant-Visa_010315.htm What is the Application Process to Get an Immigrant Visa for a Brother of a U.S. Citizen? http://www.greencardfamily.com/sibling.htm

What Is the Eligibility for Cap-Gap Extension of My F-1 Status?

What Is the Eligibility for Cap-Gap Extension of My F-1 Status? Question: I am a F-1 international student, and my potential U.S. employer will file H-1B status application for me. How to get the Cap-Gap extension for my F-1 status? and what is the eligibility for Cap-Gap extension of my F-1 status? Answer: The "Cap-Gap" is known as the period of time when a F-1 international student’s status or work authorization expires to the start date of approved H-1B employment. The Cap-Gap occurs because the earliest date that an U.S. employer can file an H-1B status petition is April 1, for the following fiscal year, starting October 1. If USCIS approves the H-1B petition and the change of status request, the earliest date that the student may start the approved H-1B employment is October 1. The USCIS regulations allow H-1 international students with approved H-1B petitions to remain in F-1 status during the cap-gap period, which provides a way of filling the "gap" between the end of F-1 status and the beginning of H-1B status, that might otherwise occur if F-1 status is not extended for qualifying students. H-1B petitions that request a change of status to H-1B on October 1 qualify for a cap-gap extension. What Is the Eligibility for Cap-Gap Extension of My F-1 Status? ttp://www.greencardapply.com/question/question15/Cap-Gap-Extension_010315.htm What Is the Eligibility for Cap-Gap Extension of My F-1 Status? http://www.greencardapply.com/h1b.htm

After PERM Application Approval,How Long the I-140 Petition Process Will Likely Take?

After PERM Application Approval,How Long the I-140 Petition Process Will Likely Take? Question: My employer has started the PERM Labor Certification application for me. After the PERM application approval, how long the I-140 petition process will likely take? Answer: After the U.S. Department of Labor (DOL) approves the PERM Labor Certification application, the U.S. employer can file an Form I-140 petition with U.S. Citizenship and Immigration Services (USCIS). The Form I-140 petition should includes the original approved PERM application in which the U.S. employer and the alien beneficiary worker must sign it. The Form I-140 petition should also include the evidence of the U.S. employer’s ability to pay the alien worker’s salary, and documents confirming that the alien beneficiary is qualified for the position, such as a copy of the alien worker’s educational degrees. The approved PERM Labor Certification application is only valid for a certain period of time, therefore the Form I-140 petition must be filed within this validity period. Otherwise the PERM Labor Certification application will expire, and the employer must start over again. Generally, USCIS may take at least four months for I-140 decisions, and it can take USCIS much longer to adjudicate the Form I-140 petitions. Also, there is an expediting option available, Form I-140 Premium Service, for Form I-140 petition. The employer can pay an extra $1000 fee and request premium processing within 15 calendar days of receipt. A USCIS officer will review the application and determine the appropriate action which would be an approval. Alternatively, an USCIS officer could issue a Request for Further Evidence (RFE), or a Notice of Intent to Deny (NOID). For the case of RFE, USCIS will make a decision within 15 days of receipt of the response. How Long the I-140 Petition Process Will Likely Take? http://www.greencardapply.com/question/question15/I140-Petition-Time_010215.htm After PERM Application Approval,How Long the I-140 Petition Process Will Likely Take? http://www.greencardapply.com/perm.htm