Can I Sponsor My Father's Immigration Application Inside the United States?

Can I Sponsor My Father's Immigration Application Inside the United States? Question: My Father Entered U.S. illegally, Can I sponsor his immigration application inside the United States? Answer: If your father entered the U.S. without inspection - illegally without passport or visa, as a general rule, he will have to return to the his native country and have the interview at the U.S. Embassy or Consulate there, after you file the Form I-130 application for him. There is a problem with having a consular process for persons who have remained in the US in unlawful status for more than 180 days, and they leave before the U.S. permanent residence case is approved, these people will be banned to return to the U.S. for 3 years. If the person remained unlawfully in the US for a whole year or more, then he will be banned of returning to the U.S. for 10 years. If he can avoid leaving the U.S. in the first place, he cannot be banned from returning. http://www.greencardfamily.com/question/question2016/Father_Immigration_Application_111316.htm http://www.greencardfamily.com

How to Assemble and Send My RFE Response to USCIS?

How to Assemble and Send My RFE Response to USCIS? Question, I received a notice of Request For Evidence from USCIS for my Green Card application. How to assemble and send my RFE response to USCIS? Answer, Before sending your Request For Evidence (RFE) response to United States Citizenship and Immigration Services (USCIS), you should make a duplicate copy of the USCIS' RFE notice, and save it for your records, because the original RFE notice should be the first page of your RFE response packet. After receiving your RFE response packet, USCIS will scan the RFE notice and forward it for further processing. Therefore, if you do not include the RFE notice, or if it is not on top of your RFE response packet, you can expect further delays for your Green Card application process. Also, you need to write a response cover letter that clearly outlines the contents of your submission, and it should reply each of the RFE requests in detail. The cover letter should be organized very similarly to the RFE requests, so that you can show the USCIS adjudicator handling your petition case that you provided all of the requested information. You should also make copies all of the documents that you send to USCIS, and save them for your records. The RFE notice should include the USCIS address to which your RFE response should be mailed. You should make sure that you mail the RFE response to that USCIS address, and not any other USCIS address to which you may have sent documents before. It is better to send your RFE response via priority mail with delivery confirmation, so that you have proof that you complied the USCIS requirements with the deadline. http://www.greencardapply.com/question/question16/Assemble_RFE_Response_103016.htm http://www.greencardapply.com/rfe.htm

Can a Partially or Fully Self-Incorporated Person Applies for O-1 Visa? Question, Can a partially or fully self-incorporated person applies for O-1 visa for himself or herself? Also, can a foreign employer be a corporation owned by the O-1 visa beneficiary? Answer, The U.S. immigration regulations require that an O-1 visa application should be filed by a U.S. employer, a U.S. agent, or a foreign employer through a U.S. agent. The regulations also indicate that an O-1 visa cannot be files by alien himself or herself. The regulations require that an O-1 visa petition should be filed by an U.S. employer or agent. Documentation of ownership and control of the business may be requested to verify that the petitioning entity is a real U.S. employer. The O-1 visa petition should not be based on speculative employment, and the terms and conditions of actual employment are required for O-1 visa application. For O-1 visa application, a foreign employer can be a corporation owned by the O-1 visa beneficiary, but the O-1 petition must be filed by a U.S. agent. A foreign employer may be a corporation owned wholly or in part by the O-1 visa beneficiary, but the foreign employer must utilize a U.S. agent to file the O-1 visa petition. USCIS may request information regarding the foreign employer and documentation to establish that there is work in place for the O-1 beneficiary in U.S. http://www.greencardapply.com/question/question16/O1_Visa_Beneficiary_103116.htm http://www.greencardapply.com/o1visa.htm

Can I Use the “On-the-Job” Experience in My PERM Labor Certification Application?

Can I Use the “On-the-Job” Experience in My PERM Labor Certification Application? Question, I worked for my current employer for more than 2 years. In my PERM labor certification application, can I include my experience with the current employer as the required experience? Answer, The PERM labor certification application should state the employer’s minimum educational and experience requirements for the offered position. It could be an issue if the alien employee gained all or a part of the required experience for the position while employed by the sponsoring employer. The required education and experience should be limited to the minimum for any person applying for the job. The U.S. Department of Labor (DOL) is skeptical of the accuracy of the stated minimum requirements, if these requirements exceed the qualifications when an applicant was initially hired by the employer. The DOL is only interested in the minimum requirements for a person to do the job, not the requirements for the ideal candidate. Thus, the DOL will be skeptical if the employer files a PERM labor fora position which states that the requirements for this particular job are a bachelor’s degree plus five years of experience "for the ideal candidate." Although the employer may consider the position as already filled by an alien employee, but DOL views that the alien employee's job is temporary, allowed to work in U.S. temporarily based on the H1-B or L-1 or other working visa. There should be a test of the U.S. labor market for the permanent position to be filled by the U.S. employer, to ensure that there are no able and willing U.S. workers who are minimally qualified and can perform the alien employee's job adequately. Using on-the-job experience in a PERM labor certification application case may increase the risk of a DOL audit and decreases the chances of PERM labor certification application approval. It is unfortunate that restrictions on the use of experience with the sponsoring employer influences some people to change employers. In some cases, alien employee may need to use on-the-job experience to qualify for particular positions. While it is challenging, it is also possible to use experience gained with the sponsoring employer. http://www.greencardapply.com/question/question16/PERM_On_Job_Experience_111316.htm http://www.greencardapply.com/perm.htm

USCIS Increases the Filing Fees for Most Types of Immigration Applications

USCIS Increases the Filing Fees for Most Types of Immigration Applications Question, What are the U.S. immigration application fees for next year after the fees increase? Answer, On October 24, 2016, the U.S. Citizenship and Immigration Services (USCIS) posted a notice in the Federal Register announcing an increase in filing fees for most types of immigration applications. These fee increases are scheduled to go into effect December 23, 2016. The USCIS determined that the fee increase was necessary in order to avoid a budget shortfall in the coming years. The fee increase was proposed on May 4, 2016 and was made final on October 24, 2016. Pursuant to the final rule, USCIS filing fees will increase by a weighted average of 21 percent. Any applications received by the USCIS on or after December 23, 2016 will have to include the fee set under the new rule. It has been 6 years since the USCIS last raised its fees. So, it is reasonable to conclude that these newly set fees will remain in place for at least a few years. http://www.greencardapply.com/question/question16/USCIS_Fee_Increase_111416.htm http://www.greencardapply.com/index.htm

EB1C Beneficiary Must Be Employed Abroad in a Managerial or Executive Position

EB1C Beneficiary Must Be Employed Abroad in a Managerial or Executive Position Question, I am in L-1B visa for almost 2 years. With newly promotion to a division manager, I can apply for U.S. Green Card in the category of EB1-Multinational Executive or Manager? Answer, For EB1-Multinational Executive or Manager petition ( EB1C), the petitioner must establish that the beneficiary was employed abroad in a qualifying managerial or executive position for at least one out of the three years prior to his entry to the United States as a nonimmigrant to work for the same employer. For a EB1C case, a detailed description of job duties is the key to determine the true nature of the employment. Without the necessary information, USCIS cannot conclude that the beneficiary was employed abroad in a qualifying managerial or executive capacity. http://www.greencardapply.com/question/question16/EB1C_Managerial_Executive_Position_112616.htm http://www.greencardapply.com/l1visa.htm

What Should Consider When Evaluating the H-1B Employer-Employee Relationship?

What Should Consider When Evaluating the H-1B Employer-Employee Relationship? Question, My potential employer may assign me to a client's worksite for long time. For the employer to apply for H-1B visa for me, what factors does USCIS consider when evaluating the employer-employee relationship? What types of evidence can my employer provide to demonstrate that I have a valid employer-employee relationship with the beneficiary? Answer, For the H-1B visa application requirement of employer-employee relationship, USCIS will evaluate whether the petitioner has the “right to control“ the beneficiary's employment, such as when, where and how the H-1B alien beneficiary performs the job. The factors to be considered include: 1) the manner and extent to which the petitioner actually supervises the H-1B alien beneficiary; 2) the petitioner's right to control the alien beneficiary's daily work and work product; and 3) the petitioner's right to hire, pay, and fire the beneficiary. USCIS adjudicators will review the totality of the circumstances when making a determination as to whether the employer-employee relationship exists. The H-1B petitioners should provide detailed documentation of the employment relationship. Particularly in cases in which the beneficiary will be assigned to third-party or client worksites, H-1B employers should carefully document that it, and the employer should have the right to supervise, direct, and review the H-1B visa holder's work, and terminate the employment. A detailed itinerary providing information on the multiple work locations should also be attached with the H-1B visa application documents. http://www.greencardapply.com/question/question16/H1B_Employer_Employee_Relationship_112716.htm http://www.greencardapply.com/h1b.htm