Could I Apply for Green Card for My Wife and Son as Relatives of U.S. Permanent Resident?

Could I Apply for Green Card for My Wife and Son as Relatives of U.S. Permanent Resident? Question: I just received my Green Card in U.S. My wife and son are still in her home country. Could I to apply for Green Card for my wife and son as relatives of U.S. Permanent Resident? Answer: The spouse U.S. Permanent Resident Green Card category enables lawful permanent residents of the United States to sponsor their foreign spouses to live and work in the U.S. on a permanent basis. In addition, the unmarried children under 21 years of age of the spouse, and the unmarried children of the U.S. lawful permanent resident may apply for U.S. permanent residence as well. The spouse or child of US Permanent Resident Green Card category can be applied for from either inside or outside the United States. If in the U.S., the spouse must have made a legal entry to the United States and have maintained legal status. If outside the U.S., the spouse may not enter the U.S. until the visa is granted. http://www.greencardfamily.com/question/question2017/Permanent_Resident_Green_Card_091017.htm http://www.greencardfamily.com

I Want to Know How Could My Marriage Impact the I-485 Process?

I Want to Know How Could My Marriage Impact the I-485 Process? Question: My employment based I-140 has been approved, thank you very much for your great help and service! Now I plan to marry soon in my home country, and I want to file I-485 soon also. I want to know how could my marriage impact the I-485 process? and how could my wife join the I-485 application after the marriage? Answer: For your wife to join the I-485 application after the marriage, the marriage can be planned to coordinate with the immigration process. By doing so, your spouse becomes eligible for derivative immigration benefits. You do not want to receive the I-485 approval prior to the planned weddings, which will create an enormous problem. Generally, you should get married before your I-485 is approved. You should consider marrying either before the I-485 is filed, or before you are fingerprinted. The case cannot be approved without fingerprinting. http://www.greencardfamily.com/question/question2017/Marriage_Impact_I485_Process_091117.htm http://www.greencardfamily.com

How to Upgrade Form I-130 Petition After Becoming U.S. Citizen?

How to Upgrade Form I-130 Petition After Becoming U.S. Citizen? Question: I was a U.S. permanent resident when I filed the Form I-130 for my wife and children. Now I am U.S. citizen, how to upgrade my Form I-130 petition for my wife and children after becoming U.S. citizen? Answer: If you are now a U.S. citizen, you must file separate immigrant visa petitions (Form I-130) for each of your children. If you upgrade a family second preference (F2) petition for your spouse and you did not file separate petitions for your children when you were a lawful permanent resident (LPR), you must do so now. A U.S. citizen's child does not receive derivative status in an immediate relative petition. This is different from the family second preference (F2) petition where a child is included in his or her parent's F2 petition. Children born abroad after you became a U.S. citizen may qualify for U.S. citizenship. They should apply for U.S. passports. The consular officer will determine whether your child is a U.S. citizen and can have a passport. If the consular officer determines your child is not U.S. citizen, the child must apply for an immigrant visa if he/she wants to live in the U.S. http://www.greencardfamily.com/question/question2017/Upgrade_Form_I130_Petition_101617.htm http://www.greencardfamily.com

How to Upgrade Form I-130 Petition After Becoming U.S. Citizen?

How to Upgrade Form I-130 Petition After Becoming U.S. Citizen? Question: I was a U.S. permanent resident when I filed the Form I-130 for my wife and children. Now I am U.S. citizen, how to upgrade my Form I-130 petition for my wife and children after becoming U.S. citizen? Answer: If you are now a U.S. citizen, you must file separate immigrant visa petitions (Form I-130) for each of your children. If you upgrade a family second preference (F2) petition for your spouse and you did not file separate petitions for your children when you were a lawful permanent resident (LPR), you must do so now. A U.S. citizen's child does not receive derivative status in an immediate relative petition. This is different from the family second preference (F2) petition where a child is included in his or her parent's F2 petition. Children born abroad after you became a U.S. citizen may qualify for U.S. citizenship. They should apply for U.S. passports. The consular officer will determine whether your child is a U.S. citizen and can have a passport. If the consular officer determines your child is not U.S. citizen, the child must apply for an immigrant visa if he/she wants to live in the U.S. http://www.greencardfamily.com/question/question2017/Upgrade_Form_I130_Petition_101617.htm http://www.greencardfamily.com

How to Prove Our Marriage Is Real or "Bona Fide"?

How to Prove Our Marriage Is Real or "Bona Fide"? Question: As a U.S. citizen's wife, how to prepare documents to prove our marriage is real, for an USCIS interview? Answer: To obtain a U.S. Lawful Permanent Residence (Green Card) based on marriage, you will have to prove that the marriage is real or "bona fide". This means a marriage in which the two people intend, from the start, to establish a life together as husband and wife. An important step to prove the marriage is real or "bona fide" is joining your lives together. You should not wait until the last minute to look for ways that you can prove that you are really married, or that you live together, or that you trust each other enough to share financial and other personal matters. Also, you should take steps to prepare for a future together. For example, a U.S. citizen in a sham marriage might not remember to add his or her new spouse as a beneficiary to a company sponsored life insurance policy, while someone in a real marriage would or at least should. Thus, Some important steps to prove the marriage is real or "bona fide" might include: • make your spouse a beneficiary on your retirement account or other accounts that require or allow a payout to a beneficiary upon the holder’s death; • make sure that both spouses are covered under your health insurance policy, if the other spouse doesn't have his or her own insurance; • if you live together, add your spouse to your house deed, mortgage, or apartment lease; • if you live together, add your spouse’s name to your garbage, utility, cable, and other bills; • take out a joint credit card; • open a joint bank account; • file joint tax returns; • join a gym or club together; • buy a car or other major asset together. http://www.greencardfamily.com/question/question2017/Real_Marriage_112517.htm http://www.greencardfamily.com

The Difference between O-1 Visa and EB1-Extraordinary Ability Application

The Difference between O-1 Visa and EB1-Extraordinary Ability Application Hi William, What is difference between O-1 visa and EB1-Extraordinary Ability application? and what is difference between O-1 and other employment related nonimmigrant status, such as H-1B? Answer, The requirements for O-1 visa or status are similar to those for the EB1-EA, Alien of Extraordinary Ability, employment based permanent residence category. The difference is that the O-1 visa/status applies to those aliens seeking a non-immigrant status, while the EB1-EA standard is for those seeking permanent immigrant status. The O-1 visa/status is distinguished from other employment related statuses in that it applies to more types of work than other areas. For instance, H-1B status is limited to foreign professionals with at least a bachelor's degree for a specialty occupation, which cannot apply to alien artists, athletes or entertainers without such educational background. However, such as artists, athletes or entertainers can apply for O-1 visa/status. Moreover, the requirements of O-1 are much higher than that of H-1B. Also, O-1 visa/status could be obtained by those in H-1B status who have exhausted the full-authorized stay of 6 years. http://www.greencardapply.com/question/question17/O1_Visa_Extraordinary_Ability_090317.htm http://www.greencardapply.com

Can I Change to a Similar Job but with Different SOC Code and Higher Wage?

Can I Change to a Similar Job but with Different SOC Code and Higher Wage? Hi William, My form I-140 application has been approved and my form I-485 application is pending for more than 4 months. By using AC21 portability rule, can I change to a similar job but with different SOC code and higher wage? Answer, The job positions falling within identical SOC codes are generally considered as qualifying for AC21 portability. The same is true for positions within the same SOC broad occupational code, with first five digits match. The career progression to positions in different SOC codes can be acceptable for AC21 portability also. The AC21 qualification includes job progression to the management of functions, or positions that are the same or similar to the original sponsored employment. The AC21 same or similar requirement can also be met by positions in different SOC codes, even without career progression. If the evidence shows that the jobs share essential qualities or resemble each other, there is potential AC21 portability. This general recognition allows for variations in SOC codes that reflect different industries, but where the jobs are quite similar in duties, skills, requirements, and other factors. Wage differences are not determinative. Wage differences are to be reviewed in light of geography, inflation, promotion, employer size, industry, and other relevant factors. http://www.greencardapply.com/question/question17/AC21_Portability_Rule_090417.htm http://www.greencardapply.com

Qualify for the H-1B Requirement of Employer-Employee Relationship

Qualify for the H-1B Requirement of Employer-Employee Relationship Hi William, My potential employer is an independent contractor, and it may place me at a third-party worksite. Do you think my situation could qualify for the H-1B visa application requirement of "employer-employee relationship"? Answer, The H-1B regulations currently require that a United States employer establish that it has an employer-employee relations with respect to the beneficiary, as indicated by the fact that it may hire, pay, fire, supervise or otherwise control the work of any such employee. USCIS clarifies such relationships, particularly as it pertains to independent contractors, self-employed beneficiaries, and beneficiaries placed at third-party worksites. In addition to demonstrating that a valid employer-employee relationship will exist between the petitioner and the beneficiary, the petitioner must continue to comply with all of the requirements for an H-1B petition including: establishing that the beneficiary is coming to the United States temporarily to work in a specialty occupation; demonstrating that the beneficiary is qualified to perform services in the specialty occupation; and filing of a Labor Condition Application (LCA) specific to each location where the beneficiary will perform services. http://www.greencardapply.com/question/question17/H1B_Requirement_Employer_091717.htm http://www.greencardapply.com

Eligibility Must be Established as of the Filing Date of the EB1 Petition

Eligibility Must be Established as of the Filing Date of the EB1 Petition Hi William, I recently read some USCIS' previous decisions about EB1-EA application, and found the decision statement like "the petitioner has not provided any first hand empirical evidence that this article or her work had already attracted significant attention from the scientific community at the time of filling the petition. Eligibility must be established as of the filing date of the visa petition." I want to know what will happen after the filing date if more evidence is generated which would help the EB1-EA application? Answer, For EB1-EA and EB1-OR petitions, usually USCIS claims that they will look at evidence for any of the clauses which you claim, as of the date on which you applied. It is true that "eligibility must be established as of the filing date of the visa petition". Therefore, petitioner must be careful to chose the filing date such that they have collected the most persuasive evidence. This is also a concern for many NIW petitioners. Generally, you should not use evidence after the filing date to make up for a deficient petition, which means that if you do not qualify for one of the criteria in the petition, you cannot later claim that now you qualify for it. Evidence after filing date can be considered useful if you prove to the USCIS that you are using this evidence to show that you are still equally productive or qualify for it as before. http://www.greencardapply.com/question/question17/EB1_Eligibility_091817.htm http://www.greencardapply.com

Write Reference Letter for Green Card Application Purpose

Write Reference Letter for Green Card Application Purpose Hi William: I am currently working for an NIH Agency under J1 visa, and would like to apply for Green Card under the EB1 and NIW (National Interest Waiver) categories at the same time. I want to ask my advisor at the agency to write a reference letter for me. Is it true that a NIH employee cannot write reference letter for Green Card application purpose. Answer: The NIH staff members may not write letters of reference/recommendation to or for submission to another federal agency in support of visa or Green Card applications, on behalf of the NIH Agency or on NIH Agency's letterhead. But an employee should be able to his/her own personal letter on plain stationery for an alien's performance and achievement. Also, the NIH staff members may send the requestor copies of any performance evaluations ("form of evaluation") which was previously prepared describing the person's relative skills, performance, development, etc., or copies of any letters of reference that previously wrote to evaluate his/her suitability for a job at another institution. Furthermore, an official letter may be written by a high level NIH official (IC Director, Scientific Director, or above) as part of the official agency (e.g. NIH) sponsorship of a candidate for NIH employment, and submitted by the Division of International Services-Office of Research Services (DIS-ORS), NIH, to the DHS-USCIS. DIS-ORS is the only office at NIH authorized to communicate with other agencies on immigration matters http://www.greencardapply.com/question/question17/Green_Card_Reference_Letter_101617.htm http://www.greencardapply.com

Apply for a Reentry Permit to Avoid Lose Immigrant Status

Apply for a Reentry Permit to Avoid Lose Immigrant Status Hi William: Thank you very much for your DIY packages. I purchased your NIW and I-485 DIY packages two years ago and have successfully obtained my Green Card. Now, my company will send me to work in my home country. How long can I remain outside the U.S. without losing my immigrant status? Do I need to apply for the Reentry Permit? Answer: If you are a lawful permanent resident and will be outside of the U.S. for more than a year, you will need to make special preparations for your re-entry before you leave the U.S. If you have applied to adjust to permanent resident status, you should be careful of any trip outside the U.S. The U.S. Customs and Border Protection (“CBP”) officers at airports have become increasingly probing about Green Card abandonment. If a trip outside the U.S. is anything more than short, you may need to demonstrate your ties to the U.S. to the CBP official at the port of entry, Reentry Permit is suitable for lawful permanent residents or conditional permanent residents who wish to remain outside the United States for more than one year, and for lawful permanent residents who want to travel outside the United States, but cannot get a passport from their country of nationality. http://www.greencardapply.com/question/question17/Reentry_Permit_101717.htm http://www.greencardapply.com

Can I Stay in U.S. Longer with My Non-immigrant Visa?

Can I Stay in U.S. Longer with My Non-immigrant Visa? Hi William, I have a non-immigrant visa. What will happen if I decide to stay in U.S. longer beyond the period of time authorized? Does that mean I will be out-of-status? Answer, If you would like to stay in the U.S. for a longer duration than originally planned, you will need to extend your nonimmigrant stay in the U.S. Many people refer to this as extending the visa. However, in reality, you are not extending the date in your visa stamp, but in your I-94 form. If you came to the United States on a nonimmigrant visa and you want to extend your stay, you must apply with USCIS before your authorized stay, denoted on your admission stamp or paper Form I-94, expires. With a non-immigrant visa, you should carefully consider the dates of your authorized stay and make sure you are following the procedures. Failure to do so will cause you to be out-of-status. Staying beyond the period of time authorized by the Department of Homeland Security and out-of-status in the U.S. is a violation of U.S. immigration laws, and may cause you to be ineligible for a visa in the future for return travel to the U.S. If you overstay the end date of your authorized stay, as provided by the CBP officer at a port-of-entry, or United States Citizenship and Immigration Services (USCIS), your visa will generally be automatically be voided or cancelled. http://www.greencardapply.com/question/question17/Nonimmigrant_Visa_102917.htm http://www.greencardapply.com

Is EB2 National Interest Wavier Application only for Scientists and Researchers?

Is EB2 National Interest Wavier Application only for Scientists and Researchers? Hi William, I have a Master degree, can I apply for NIW? Also, is National Interest Wavier green card application only for scientists and researchers? Answer, If you have a Master degree, it will depend your qualification for EB2 National Interest Waiver (NIW) application. An advanced degree or exceptional ability is only the statutory requirements for EB2 NIW petition. In addition to meeting the statutory requirements, you also need to prove that granting you permanent residence is in the U.S. national interest. It is not true that EB2 National Interest Wavier green card petition is only for scientists and researchers. Although a majority of NIW petitioners are researchers in various fields of science, the law does not exclude individuals working in any specific field or profession. In practice, USCIS has granted national interest waiver to engineers, actors, musicians, painters, movie directors, writers, educators, entrepreneurs, and chefs, etc. http://www.greencardapply.com/question/question17/National_Interest_Wavier_Application_103017.htm http://www.greencardapply.com

If I Am Laid off by My H-1B Employer, Can I Change Employer?

If I Am Laid off by My H-1B Employer, Can I Change Employer? Hi William, If I am laid off or terminated by my H-1B employer, am I out of status? If I receive advance notice that I will be laid off, before my validity period ends, can I change employer? Answer, If you are no longer employed by the U.S. employer who petitioned for your H-1B visa, and you are not being paid by that H-1B employer, then you are out of status. You can look for other employment with an employer who can petition for your H-1B transfer. When you transfer your H-1B employment to a new employer, USCIS will request pay statements, the sooner you find another H-1B employer, the better. You shold have little to no gap in your employment. Prior to being laid off, another qualified H-1B employer may file a Form I-129, Petition for a Nonimmigrant Worker, on your behalf with USCIS. In order to change employers without having to depart the U.S., the Form I-129 petition should have been filed prior to the termination of your job, and you should maintaining valid H-1B status. If the I-129 petition is filed after your dismissal, you may have to return overseas to process your H-1B visa for the new employer. http://www.greencardapply.com/question/question17/H1B_Employee_Layoff_111217.htm http://www.greencardapply.com

Do I Have Go back to My Home Country to Get the H-1B Visa Stamping?

Do I Have Go back to My Home Country to Get the H-1B Visa Stamping? Hi William, How do get H1B visa stamping or re-stamping on my passport? Do I have go back to my home country to get the H1B visa stamping? Answer, If you hold H-1B visa or L1 visa, you may need to get the re-stamping upon the extension of your expired H-1B visa or L1 visa. H1B visa stamping in the passport is needed for a foreign national to enter or reenter the United States as an H1B worker. In other words, visa stamped on your passport is the authorization to enter into United States. For a U.S. consulate to issue H1B visa stamp in your passport, the passport must be valid for 6 months after the expiration of a U.S. visa. The re-stamping can be done at any U.S. consulate out side of United States. While some neighboring country allow to do re-stamping for foreign nationals, It is recommended to get the stamping or re-stamping done in your home country. The process of re-stamping is same as any new U.S. visa stamping, except that there is flexibility and different documents requirement. The applicant may need to appear for personal interview at the U.S. consulate. In order to get your H1B specialty occupation visa stamped, a list of documents must be submits which includes: A completed and signed non-immigration visa application form (Form DS-156). Separate form must be submitted for each applicant. 1) A completed Form DS-157. 2) A valid passport (at least six months validity remaining) for each applicant. If your passport will expire within six months, it is necessary to extend the validity period before your interview date. 3) One photograph (37x 37mm) for each applicant. 4) Original H1B approval notice (Form I-797). 5) H1B visa petition application form (Form I-129). 6) A Labor Condition Application accepted by the Department of Labor. 7) A support letter from your employer. It should include a description of your position, proving that the position is temporary and should also include a confirmation that the candidate will be a direct employee, and the salary level. Besides, the nature of the employer's business should be included. US company information which must include photographs of the inside and outside of the employer’s place of business, brochures, prospectus, and annual report. 8) Proof of your academic qualifications such as certified copies of your qualifications including university diplomas; mark sheets and any certificates you may have (if applicable). 9) A copy of the candidate's resume (curriculum vitae). 10) Fee for issuing visa stamping. http://www.greencardapply.com/question/question17/H1B_Visa_Stamping_111317.htm http://www.greencardapply.com

How Many Days Is Needed for Me to Renew the EAD in Advance?

How Many Days Is Needed for Me to Renew the EAD in Advance? Hi William, Since my I-485 application is still pending, I need to renew my EAD. How many days is needed for me to renew the EAD in advance of the expiration? Can I work when the renew process is pending? Answer, An alien applicant is permitted to request the renewal of an expiring EAD up to 120 days in advance of the expiration. It is advisable to take advantage of the full filing window, if the ability to work legally in the United States is based solely on the EAD. The U.S. Citizenship and Immigration Services (USCIS) is permitted to take up to 90 days to process EAD applications. Filing 120 days in advance allows enough time to accommodate additional minor delays or problems with the EAD request. USCIS is taking the full 90 days, or close to 90 days, to adjudicate EADs. There have been times in the past when the USCIS processed EADs more quickly. As a result, some EAD holders file their extension requests expecting processing times in keeping with those they may have previously experienced. The urgent problem faced by many who have delayed their EAD extension filings is the prospect of not being permitted to work between the expiration of the current EAD and the approval and issuance of the new EAD extension. Unlike an H-1B petition, there is no employment authorization granted based upon a "pending" EAD, even if it is an extension request. http://www.greencardapply.com/question/question17/Renew_EAD_112617.htm http://www.greencardapply.com

Do I Need the Paper Form I-94 Arrival/Departure Record?

When I arrived U.S. las month, I did not complete the paper Customs and Border Protection Form I-94. Do I really need the form as an admission process record? Answer, Foreign visitors to the U.S. arriving via air or sea no longer need to complete paper Customs and Border Protection Form I-94 Arrival/Departure Record or Form I-94W Nonimmigrant Visa Waiver Arrival/Departure Record. Those who need to prove their legal visitor status to employers, schools/universities or government agencies can access their CBP (U.S. Customs and Border Protection) arrival/departure record information online at https://i94.cbp.dhs.gov. CBP now gathers travelers’ arrival/departure information automatically from their electronic travel records. Because advance information is only transmitted for air and sea travelers, CBP will still issue a paper form I-94 at land border ports of entry. If travelers need the information from their Form I-94 admission record to verify immigration status or employment authorization, the record number and other admission information they are encouraged to get their I-94 Number. Upon arrival, a CBP officer stamps the travel document of each arriving non-immigrant traveler with the admission date, the class of admission, and the date that the traveler is admitted until. If a traveler would like a paper Form I-94, one can be requested during the inspection process. All requests will be accommodated in a secondary setting. Upon exiting the U.S., travelers previously issued a paper Form I-94 should surrender it to the commercial carrier or to CBP upon departure. Otherwise, CBP will record the departure electronically via manifest information provided by the carrier or by CBP. An I-94 form is needed by all persons except U.S. Citizens, returning resident aliens, aliens with immigrant visas, and most Canadian citizens visiting or in transit. Air and Sea travelers will be issued I-94s during the admission process at the port of entry. A traveler lawfully admitted (or paroled) into the U.S. may print their lawful record of admission (I-94 form) from this CBP website. If someone requests your admission information, this is the form you would provide. http://www.greencardapply.com/question/question17/Form_I94_112717.htm http://www.greencardapply.com

Same or Similar Job Requirement and Job Portability Under AC21

Same or Similar Job Requirement and Job Portability Under AC21 Question, What kind of evidence that I can provide to apply for job change by using job portability under AC21, which my I-485 application is pending? Answer, U.S. Citizenship and Immigration Services (USCIS) has issued the finalized policy memorandum on determining whether a new job is the same or similar in the context of a job change pursuant to the American Competitiveness in the Twenty First Century Act (AC21). The memo provideed guidance for USCIS adjudicators reviewing applications for adjustment of status for Form I-485. AC21 allows an I-485 applicant to move to a position that is in the “same or similar occupational classification” as the one set forth in the underlying PERM labor certification once the I-485 has been pending for at least 180 days. The memo provides guidance to adjudicators on the meaning of “same or similar occupational classification” and how AC21 cases are to be evaluated. The key points in the AC21 portability include: * The standard of evidence is “preponderance of the evidence,” which is defined as “more likely than not” or “probably true.” * Evidence considered includes the U.S. Department of Labor (DOL) standard occupational classification (SOC) codes. * Other evidence can include: job duties, skills, experience, education, training, licenses, and any other material and credible evidence. * AC21 permits lateral moves, career progression, and/or self-employment. http://www.greencardapply.com/question/question17/AC21_Job_Portability_060617.htm http://www.greencardapply.com

Can I Apply for Premium Processing of O1 Visa?

Can I Apply for Premium Processing of O1 Visa? Question, Can I apply for O1 visa by myself? can I apply for Premium Processing of O1 visa? Answer, You cannot apply for the O1 visa as an individual. A U.S. employer has to sponsor your O1 visa. To sponsor you, the U.S. employer must file Form I-129, Petition for a Nonimmigrant Worker, with the Form I-129 O/P supplement, and supporting documentation. The petition is submitted to the U.S. Citizenship and Immigration Services (USCIS) Service center with jurisdiction over the location of the job. Once the USCIS approves of the O1 visa petition, you may apply for the O1 visa at an American Consulate overseas. For premium processing of O1 visa application, the O1 petition can be adjudicated within 15 calendar days by applying for premium processing. For an additional fee, the USCIS guarantees a prompt decision on your O1 petition. You will receive either an approval notice, a request for further evidence, or a notice of intent to deny the petition ithin 15 calendar days from the date you applied for premium processing of your O1 visa. If USCIS fails to respond within 15 calendar days, it will refund the fee and continue to process the petition under the expedited process. An O1 petition is filed on USCIS Form I-129, along with the I-129 O/P Supplement. Your O1 petition must include a written consultation with a peer group in your area of ability, and a copy of any written contract between you and your employer, or summary of terms of the oral agreement under which you will be employed. http://www.greencardapply.com/question/question17/O1_Visa_Premium_Processing_060517.htm http://www.greencardapply.com

No Official Grace Period for L1 Visa Holder After Employment Terminated

No Official Grace Period for L1 Visa Holder After Employment Terminated Question, My L1 employment was terminated with notice period of only 3 days. Home many days of grace period that I have to stay in United States after the end of employment? Answer, There is no official grace period for L1 visa holder. However, it is reasonable for a L1 person to stay for an additional week or so to wrap-up things or sell stuff. It may be a question for how much time is "reasonable". Once your employment ends, the L1 employer has right to inform USCIS about the decision. Even though your L-1 visa and Form I-94 may be still valid. The employment in U.S. is "at will". The employer can terminate an employment after giving reasonable notice period, which can be as less as one day. So the length of notice period will not impact reasonable grace period. http://www.greencardapply.com/question/question17/L1_Visa_Grace_Period_051617.htm http://www.greencardapply.com

If I Want to Change Job, Can My Employer Harm My I-485 Application?

If I Want to Change Job, Can My Employer Harm My I-485 Application? Question, My EB2 NIW application is employer sponsored, and the I-485 application is pending for more than 180 days. If I want to change job now by using the AC-21 rule, can my employer harm my I-485 Green Card case? What are the risks? Answer, The employer does not control the I-485 application, since it is filed directly by you, not employer. In your case, the I-485 is based on the NIW I-140 which is the employer's filing. The employer can always withdraw or revoke the I-140 petition. If the I-140 petition has been approved, and the I-485 has been pending for 180 days, the employer can still revoke the I-140 petition approval. However, this does not prevent your case from being approved. Under the USCIS policy, an approved I-140 petition remains valid, once the I-485 application has been pending for 180 days, even if the employer requests the revocation of the I-140 petition. http://www.greencardapply.com/question/question17/I485_Change_Job%20_051517.htm http://www.greencardapply.com

President Trump's Executive Order to Control the Hiring of H-1B Workers

President Trump's Executive Order to Control the Hiring of H-1B Workers Question, What are the President Trump's executive order for any H1B program changes? Answer, President Trump has signed an executive order - buy American, hire American. The ‘hire American’ portion of the executive order aims to control the hiring of foreign national workers, especially via the H1B workers, and it seeks out ways to stop supposed “abuses” of the H1B program. While the executive order will not directly make changes to the H1B program, it does pave the way for changes to be made later. For "hire American" and createing higher wages and employment rates for workers in the United States, and to protect their economic interests, it shall be the policy of the executive branch to enforce the laws governing entry into the United States of workers from abroad. The H-1B visa program has been assailed for years by critics who say it is used by companies to hire cheap, foreign workers in place of Americans. Its proponents say it provides much-needed skilled workers to sectors where companies have struggled to hire Americans. US Citizenship and Immigration Services (USCIS) approved 85,000 H-1B visas annually, 65,000 go to foreign workers who possess at least a bachelor's degree or equivalent, and an additional 20,000 for those who have earned a master's degree or higher in the US. Trump took aim at the "totally random" lottery system in his remarks, saying the visa system must ensure that only the most skilled, highly paid workers are allotted such visas, and never at the expense of American labor. http://www.greencardapply.com/question/question17/H1B_Workers_Executive_Order_050117.htm http://www.greencardapply.com

With Pending I-485 Application, File Supplement J for AC21 Job Portability

With Pending I-485 Application, File Supplement J for AC21 Job Portability Question, I have a pending Form I-485 application, and now I want to change job for "AC21 job portability". Do I need to file Form I-485 supplement J to USCIS, to let them know that my I-485 application should be approved on the basis of a change to a “same or similar” position? Answer, The U.S. Citizenship and Immigration Services (USCIS) now requires most new employment-based Form I-485 adjustment of status applications to be accompanied by an Form I-485 supplement J. There are two situations in which I-485 supplement J must be filed: 1) The supplement J must be filed concurrently with form I-485, if it is based on a pending or approved form I-140, unless the Form I-140 application is an EB1 Extraordinary Ability petiiton or a Eb2 National Interest Waiver (NIW) petition. 2) If an alien applicant has a pending Form I-485 application and qualifies for AC21 job portability, supplement J must be submitted to the USCIS to request that the Form I-485 application be approved on the basis of a change to a “same or similar” position. In this case, the alien applicant may file the supplement J upon the employment change. If supplement J is filed concurrently with the I-485, the USCIS will simply issue a receipt notice for the I-485. No separate receipt will be issued for the supplement J. If supplement J is submitted for AC21 purposes regarding a change in employment, the USCIS will issue a receipt notice to confirm receipt of the supplement. The USCIS will then adjudicate the form, and either issue an approval or denial on the AC21 request. http://www.greencardapply.com/question/question17/I485_Supplement%20J_043017.htm http://www.greencardapply.com

USCIS Policy Change for Some Computer Programmers to Apply for H1B Status

USCIS Policy Change for Some Computer Programmers to Apply for H1B Status Question, I read some news that there is a USCIS policy change for some computer programmers to apply for H1B status. Is it true and what is the change actually? Answer, USCIS (United States Citizenship and Immigration Services) recently released a policy memorandum that may affect the ability of some foreign aliens employed as computer programmers to obtain H1B status. The new memorandum specifically revokes previous memorandum, which had stated that a computer programmer position would generally qualify as a “specialty occupation”, and be eligible for approval of an H1B petition. The previous memorandum does not fully or properly articulate the criteria that apply to H-1B specialty occupation adjudications, also it did not accurately portray essential information from the USCIS Handbook that recognized that some computer programmers qualify for these jobs with only “2-year degrees.” The new USCIS memorandum advises that persons employed as computer programmers, particularly those in entry-level positions, may not be considered to be employed in a “specialty occupation,” and may not qualify for H1B status, because a bachelor’s degree in a specific field may not be required for the computer programmer position. The USCIS states in the memorandum that this is not a change in policy. However, the language of the memorandum does appear to present some new challenges to companies in the information technology field. http://www.greencardapply.com/question/question17/H1B_Computer_Programmers_041717.htm http://www.greencardapply.com

My Current J1 Status Will Expire Soon, Can I Work while My Form I-485 Is Pending?

My Current J1 Status Will Expire Soon, Can I Work while My Form I-485 Is Pending? Question, My current J1 status will expire soon. I have submitted Form I-485 application based on my EB-1A petition approval. Can I work while my Form I-485 is pending? Answer, If you filed Form I-485 based on the approved Form I-140 immigrant petition prior to expiration of your I-94, you will remain in the authorized period of stay until your Form I-485 is adjudicated. It is not a status, but you are authorized to stay in the U.S. to await a decision on your case, and you are also authorized to apply for work authorization (EAD) and travel document (Advance Parole) while your Form I-485 application is pending. You can also apply for EAD and Advance Parole together with your Form I-485 application. If your I-485 was filed prior to the expiration of your nonimmigrant status (I-94), then you remain lawfully present in U.S. and you will continue to be eligible for adjustment of status, as long as you do not work without authorization or violate other laws. You will not be overstaying, nor will you accrue any unlawful presence. http://www.greencardapply.com/question/question17/Form_I485_Pending_041617.htm http://www.greencardapply.com

USCIS Will Temporarily Suspend Premium Processing for all H-1B Petitions

USCIS Will Temporarily Suspend Premium Processing for all H-1B Petitions Question, Is it true that USCIS will temporarily suspend premium processing for all H-1B petitions? and even include H-1B application for cap-exempt jobs, such as working for a university?. Answer, Starting April 3, 2017, USCIS will temporarily suspend premium processing for all H-1B visa/status petitions. This H-1B premium processing suspension may last up to 6 months. While H-1B premium processing is suspended, the H-1B petitioners will not be able to file Form I-907, Request for Premium Processing Service for a Form I-129 (Petition for a Nonimmigrant Worker) The temporary suspension applies to all H-1B petitions filed on or after April 3, 2017. This suspension will apply to all petitions filed for the FY2018 H-1B regular cap and master’s advanced degree cap exemption. The suspension also applies to petitions that may be cap-exempt. While premium processing is suspended, petitioners may submit a request to expedite an H-1B petition if they meet the criteria on the Expedite Criteria webpage. It is the petitioner’s responsibility to demonstrate that they meet at least one of the expedite criteria, and we encourage petitioners to submit documentary evidence to support their expedite request. USCIS will review all expedite requests on a case-by-case basis and requests are granted at the discretion of the office leadership. http://www.greencardapply.com/question/question17/H1B_Premium_Processing_040417.htm http://www.greencardapply.com

Can I Self-Petition for U.S. Green Card while Outside the United States?

Can I Self-Petition for U.S. Green Card while Outside the United States? Question, I am living outside the United States, and I have chieved great successes in my field. Can I self-petition for U.S. Green Card while outside the United States? Answer, In two immigrant classifications, the foreign applicants are not required to have a U.S. job offer, and may self-petition for U.S. Green Card - the foreign applicants do not need an U.S. employer to sponsor them. These two categories are: 1) Individuals of extraordinary ability in the sciences, arts, education, business or athletics, (E11 or EB-1A) 2) Individuals who were granted a National Interest Waiver (NIW), (E21, or EB2 NIW) Individuals of extraordinary ability are considered to be the best in their field, and the EB1 Extraordinary Ability is an eligibility category that applies to very few individuals. Examples of who may be considered an E11 or EB-1A immigrant include those who have achieved great successes in their field. If you are living outside the United States, you can become a U.S. permanent resident by first submit Form I-140 application, then go through consular processing. The consular processing is when U.S. Citizenship and Immigration Services (USCIS) works with the U.S. Department of State to issue an immigrant visa on an approved Form I-140 (Immigrant Petition for Alien Worker). http://www.greencardapply.com/question/question17/Self_Petition_Green_Card_040317.htm http://www.greencardapply.com

U.S. Citizenship Application and Good Moral Character

U.S. Citizenship Application and Good Moral Character Question: My application for U.S. citizenship was rejected because of "good moral character" issue, such as not support my dependents and missted tax return. What can I do next? Answer: Good moral character includes supporting your spouse and dependents. Abandoning your spouse or children do not reflect well on moral character, and it can result in the denial of the application for U.S. citizenship. Many permanent residents are experiencing financial problems that have resulted in foreclosure, bankruptcy, and unpaid debts. The debt alone is not a bar to naturalization. However, there are some financial issues that affect the moral character requirement, and could interfere with their ability to naturalize as a U.S. citizen. Failure to pay taxes is a common reason to have a Form N-400 denied. If you let USCIS find this problem, you will likely be denied U.S. citizenship application. You can contact a tax adviser that can help you develop a plan to pay the taxes and demonstrate to USCIS that you are fixing the problem. By addressing the problem, most people can continue the naturalization process and avoid an N-400 denial. Another common issue for N-400 applicants is the willful failure to support or dependents. If an applicant for naturalization has a minor child or children who do not live with the applicant, it is necessary to prove that the applicant is providing adequate financial support. If there is a court order of support, it’s important to have evidence of compliance with that order. An applicant that fails to make timely child support payments could have the Form N-400 denied. Person in immigration status should realize that a marital termination will have consequences on their status. What is often overlooked is the issue of non-support of his or her spouse. Some angry spouses sometimes may attempt to send the other spouse out of the country, or force them to leave. Sometimes, spouses are tricked into traveling abroad, signing one-sided separation agreements, or are left stranded without documents. Individuals who behave in this manner generally do not realize that non-support of their spouse or dependents is relevant to their own immigration aspirations in the context of naturalization to U.S. citizenship. Those who wish to naturalize to U.S. citizenship must demonstrate good moral character. http://www.greencardfamily.com/question/question2017/Good_Moral_Character_060517.htm http://www.greencardfamily.com

The Following-To-Join Benefit for a Permanent Resident's Spouse

The Following-To-Join Benefit for a Permanent Resident's Spouse Question: I recently got my family-based I-485 application approval and the Green Card. Now, I want to bring my wife to United States. We married a few years ago before I come to the United States. Please let me how would I do this, Thank you very much. Answer: Since the spousal relationship have existed before your admission to the United States, your wife may qualify for the following-to-join benefit for a permanent resident's spouse. You should file Form I-824 at the USCIS office that took the I-485 approval on your case. The documents you must file with the USCIS include a copy of the I-797, Notice of Action, for your original I-485 application. If your I-824 application is approved, USCIS will notify a U.S. consulate in your wife's country that you are a U.S. lawful permanent resident, so that your wife can apply for a following-to-join immigrant visa. Your wife must then contact the local U.S. consulate to complete the visa processing. http://www.greencardfamily.com/question/question2017/Following_To_Join_060417.htm http://www.greencardfamily.com

The Two-Year Rule of Immigration Status for Widows or Widowsers of U.S. Citizen

The Two-Year Rule of Immigration Status for Widows or Widowsers of U.S. Citizen Question: My U.S. citizen husband died last month. The Form I-130 application for my immigration has been approved by USCIS. What can I do for my immigration status in United States? Answer: The widow or widowers often find themselves facing not only the loss of a loved one - U.S. citizen, but an absence of immigration options and the risk of removal or deportation from the United States. This has resulted in various legal challenges and proposed legislation. There can be serious immigration problems faced by surviving foreign national spouses of U.S. citizens, if the U.S. citizen dies before the marriage has lasted at least two years. The issue surrounds options available to the widow or widower of a U.S. citizen, if his or her marriage was not marked by at least a second anniversary at the time of the U.S. citizen's death. But these problems do not exist for foreign national spouses who have been granted permanent residence. If the marriage has endured for at least two years, there is an option for the widow or widower to self-petition for immigration relief. Additionally, there is an option if the marriage was less than two years in duration, but a Petition for Alien Relative (Form I-130) should be approved before the death. The general rule is that an I-130 petition is automatically revoked if the petitioning relative dies. There is an exception that can be granted on humanitarian grounds if the I-130 petition was approved before the death. http://www.greencardfamily.com/question/question2017/Widowsor_Immigration_Status_041617.htm http://www.greencardfamily.com

The Difference of Additional Evidence and the Initial Evidence

The Difference of Additional Evidence and the Initial Evidence Question: I am preparing the I-130 petition documents for my wife's immigration application based on your excellent DIY package. Please explain the difference of 'additional evidence' and the 'initial evidence', in case of Request For Evidence (RFE). Thank you. Answer: If the USCIS determines that a Request For Evidence (RFE) must be issued, then the RFE will cover all needed evidence. If the RFE is for “additional evidence” which is required to assist an USCIS officer in making a decision rather than an RFE for “initial evidence” which is required to make a petition case. If the RFE is for “initial evidence” which is requested by an USCIS officer to determine whether or not the petition meets the basic requirements, then the processing of application will be put on hold until the information and evidence are received. The applicant will only be entitled to the interim benefits after receipt of the requested evidence. http://www.greencardfamily.com/question/question2017/RFE_Additional_Evidence_041517.htm http://www.greencardfamily.com

Not Need to File Form I-485 Supplement J for Approved EB-1A and NIW Petitioner

Not Need to File Form I-485 Supplement J for Approved EB-1A and NIW Petitioner Question, My Form I-140 petition in the EB-1A category has been approved, and I will file Form I-485 application to get my Green Card, do I need to file Form I-485 supplement J? Answer, Unless you are filing Form I-485 together with Form I-140 that names you as the principal beneficiary, you must file Supplement J at the time you file your Form I-485 to confirm that the job offered to you in the underlying Form I-140 is still bona fide and available to you. USCIS may request that you file Supplement J again prior to final processing of your Form I-485. If the alien applicant is filing Form I-485 application based on an approved or pending Form I-140 petition, the Form I-485 supplement J is generally required. If the alien applicant having a pending I-485 application qualifies for AC-21 job portability, a supplement J must be submitted to the USCIS to request that the previously filed I-485 adjustment of status application be approved, on the basis of a change of employers or a new job with the same employer, if the new employment is considered a “a same or similar” position. Also, the supplement J may be filed proactively by the alien applicant at any time. Otherwise, prior to approving the I-485 application, the USCIS may issue a Request For Evidence (RFE) or Notice of Intent to Deny (NOID) to request an updated supplement J. Supplement J must be filled out in its entirety, and must be signed in the original. The supplement requests information about the sponsoring employer and the proposed job. There is no filing fee for submitting a supplement J. But the supplement J is not required in the following situations: 1) Form I-485 supplement J is not required, if the Form I-140 petition is being filed concurrently with the Form I-485 2) Form I-485 supplement J is not required, if the I-485 is being filed based on a National Interest Waiver (NIW) I-140 application; 3) Form I-485 supplement J is not required, if the I-485 is being filed based on a EB1 Extraordinary Ability (EB-1A) I-140 application. Individuals seeking or granted a EB2 National Interest Waiver (EB2 NIW) of the job offer requirement, and individuals seeking or granted classification as an alien of EB1 Extraordinary Ability (EB-1A), do not need to file Supplement J. Because these employment-based immigrant visa categories are not tied to a specific job offer. Also, individuals seeking or granted classification as an alien of EB1 Extraordinary Ability or seeking or granted a National Interest Waiver of the job offer requirement do not have to file Supplement J, when filing Form I-485 or to request job portability under AC-21 job portability. http://www.greencardapply.com/question/question17/I485_Supplement_J_EB1A_022817.htm http://www.greencardapply.com

Do I Need to File Form I-485 Supplement J also?

Do I Need to File Form I-485 Supplement J also? Question, I will file Form I-485 application for my status adjustment after the Form I-140 approval, do I need to file Form I-485 supplement J also? Answer, U.S. Citizenship and Immigration Services (USCIS) has released Form I-485 supplement J, a form used in conjunction with Form I-485 application to adjust status. The Form I-485 supplement J is used to provide confirmation of job offer from U.S. employer, and to notify the USCIS in cases where the job is ported to a new employer or a new job. Form I-485 supplement J provides a standardized way of verification that a job offer continues to exist, or of notifying the USCIS of a new job offer. Although this does not make any substantive changes to the requirements to qualify for an employment-based Green Card application, it is still important to understand the requirements for when this supplement must be submitted. The Form I-485 supplement J should be included with Form I-485 application submission. The supplement J is used for one of the two purposes: 1) Confirm that the job offered to you in Form I-140 remains a bona fide job offer that you intend to accept once your Form I-485 is approved; or 2) Request job portability under AC-21 job portability to a new, full-time, permanent job offer that you intend to accept once your Form I-485 is approved. This new job offer must be in the same or a similar occupational classification as the job offered to you in Form I-140 that is the basis of your Form I-485. In adjudicating Supplement J, U.S. Citizenship and Immigration Services (USCIS) does not make a determination whether you have current work authorization with an employer. The basis for adjustment of status to lawful permanent resident under a valid Form I-140 is not actual (current) employment. Rather, the basis is prospective employment. Therefore, the adjudication of Supplement J, for applicants requesting job portability under AC-21 job portability, is primarily limited to a determination of whether you have a bona fide job offer from a U.S. employer that is in the same or a similar occupational classification as the position for which the underlying Form I-140 was filed and approved. Individuals seeking or granted a EB2 National Interest Waiver (EB2 NIW) of the job offer requirement, and individuals seeking or granted classification as an alien of EB1 Extraordinary Ability (EB-1A), do not need to file Supplement J. Because these employment-based immigrant visa categories are not tied to a specific job offer. Also, individuals seeking or granted classification as an alien of EB1 Extraordinary Ability or seeking or granted a National Interest Waiver of the job offer requirement do not have to file Supplement J, when filing Form I-485 or to request job portability under AC-21 job portability. http://www.greencardapply.com/question/question17/I485_Supplement_J_022717.htm http://www.greencardapply.com

Will I Be Eligible for Form I-485 Application for Adjustment of Status?

Will I Be Eligible for Form I-485 Application for Adjustment of Status? Question, I had a H-1B visa vefore. I have accrued more than 2 months of unlawful stay in U.S., will I be eligible for Form I-485 application for adjustment of status? What are the penalties for accruing unlawful stay? Answer, If you are currently in United States unlawfully, then it is unlikely you are qualify to file USCIS Form I-485 application for adjustment of status inside U.S. The Form I-485 application is for people who has valid visa or status in the United States. If you came to U.S. on a temporary visa, such as a tourist visa, H-1B or L1 visa, F-1 visa, J1 exchange visa, or other visa categories, you are required to either leave the U.S. before your authorized stay expires, or successfully apply for an extension of your stay. You can find the date that you are expected to leave U.S. on the I-94 card that the U.S. border official placed in your passport when you entered U.S. If you apply for a visa or status renewal, you should make sure to submit the renewal application, such as Form I-539 application, to U.S. Citizenship and Immigration Services (USCIS) before the date shown on your I-94 card. Once you have submitted your renewal application, you can lawfully stay in the United States while awaiting a decision. If you become eligible for Green Card application for U.S. permanent residence while you are on a nonimmigrant visa, you are then able to submit Form I-485 application for adjustment of stats before your visa expires, and receive a Green Card. However, if your visa runs out before you submit your Form I-485 application for adjustment of status, you are considered to be in the United States unlawfully, and you may not be apply for adjustment of status inside United States. The U.S. immigration law has created various penalties for people who stay in U.S. unlawfully, such as not ineligible to apply for a Green Card from within the United States. But you may be able to go to a U.S. consulate in your home country and complete your Green Card application process there - referred to as the "consular processing" procedure. But there are other penalties for unlawful stay in Unoted States. If you have spent more than 180 days in the United States unlawfully, and then leave U.S., such as for an immigrant visa/green card interview, you will be required to spend three years outside the United States before returning. If your unlawful stay was for one year or more, than you face a ten-year bar on returning. http://www.greencardapply.com/question/question17/I485_Application_Eligible_022017.htm http://www.greencardapply.com

The Status Extension and Employment after a H-1B Petition for F-1 Student

The Status Extension and Employment after a H-1B Petition for F-1 Student Question, I am a beneficiary of an H-1B petition filed by an U.S. employer, and I am now in my 60-day grace period following the end of my OPT employment authorization. May I benefit from an automatic status extension? If yes, would I be able to continue employment? or will it just extend my grace period until the October 1 employment start date? Answer, The H-1B petition requesting for change of status has to be timely filed, which is defined as filing before your current nonimmigrant status expires. In addition, the duration of status while on OPT is defined as including the 60-day grace period. Furthermore, the USCIS rule also states that any employment authorization is extended if an H-1B petition is timely filed. Based on USCIS rule, if an H-1B petition with change of status is timely filed before your current F-1 status expires, then you may be able to take advantage of both the automatic extension of status and the automatic extension of employment authorization. http://www.greencardapply.com/question/question17/F1_Grace_Period_021917.htm http://www.greencardapply.com

The Dhanasar Decision's Impacts on National Interest Waiver Application for Entrepreneurs

The Dhanasar Decision's Impacts on National Interest Waiver Application for Entrepreneurs Question, What are the Dhanasar case decision's impacts on the EB2 National Interest Waiver Application for foreign entrepreneurs? Answer, The Dhanasar case decision opens the NIW category to entrepreneurs. The decision reviews the history of NIWs and what did and did not work in the past. This decision will make NIW green cards more accessible in general, and specifically for entrepreneurs. Here are the few aspects of the new decision: 1) The case allows using the person’s degrees and experience. This benefits highly educated entrepreneurs. 2) The case allows teaching as evidence. So an entrepreneur who also teaches in his or her field will now get a boost in the NIW category. 3) The benefit to the U.S. interest can be local, such as helping to create jobs in a depressed area or creating a specialized local product. Entrepreneurs can argue the impact of their work on the economy, starting regionally, and then adding national supply chain implications if applicable. 4) Dhanasar decision specifically notes that entrepreneurial work can lead to an NIW petition approval. This has been on the USCIS website for several years, but now it is even clearer. The decision notes that “evidence that the endeavor has significant potential to employ U.S. workers, or has other substantial positive economic effects may well be understood to have national importance.” 5) The decision also notes that the entrepreneurial venture does not need to succeed: “many innovations and entrepreneurial endeavors may ultimately fail, in whole or in part, despite an intelligent plan and competent execution. We do not, therefore, require petitioners to demonstrate that their endeavors are more likely than not to ultimately succeed.” The business just needs to be “well positioned to advance the proposed endeavor.” This stresses the importance of a high quality business plan for entrepreneur's NIW petitions. 6) The decision requires an NIW applicant to show that it would be “impractical” to go through the normal labor certification process. The labor certification is the most common form of employer-sponsored Green Card application. But for entrepreneurs, it can be difficult because labor certification requires a full time job offer at a competitive salary, and evidence that the company has the ability to pay that salary. As always, NIW immigration category is a chance for creativity in showing a foreign national’s talents. http://www.greencardapply.com/question/question17/NIW_Entrepreneurs_020717.htm http://www.greencardapply.com

President Trump's Immigration Executive Orders and H1B Program

President Trump's Immigration Executive Orders and H1B Program Question, Will the President Trump's immigration executive orders impact the H1B program and H1B workers? Answer, President Trump has signed several immigration related executive orders. Another possible proposed order, entitled “Executive Order on Protecting American Jobs and Workers by Strengthening the Integrity of Foreign Worker Visa Programs” may include several provisions related to the employment-based immigration system. The unconfirmed draft version of a new executive order would impact on the H1B visa program, the executive order instructs the Secretary of Homeland Security to: “in consultation with the Secretaries of State and Labor restore the integrity of employment-based nonimmigrant worker programs and better protect U.S. and foreign workers affected by those programs.” “consider ways to make the process for allocating H1B visas more efficient and ensure that beneficiaries of the program are the best and the brightest.” "provide recommendations for making U.S. immigration policy better serve the national interest; and to recommend changes to the immigrations [sic] laws to move towards a merit-based system.” Among other provisions, it would require that rather than H-1B visa being awarded in lotteries, the U.S. government would be required to prioritize the top foreign students who have studied in the U.S. These would include advanced degree holders, those earning high wage, and those with valuable skills. Also, the OPT program gives foreign graduates in fields like science, technology, engineering or math the right to find jobs in the U.S. for up to 36 months, depending on their degree subject. Mr. Trump could roll the time limit back to the original 12 months, the threshold until it was expanded under President George W. Bush in 2008, and tighten the eligible fields of study. These instructions are vague, and they may impact H1B program. It may result in direct action against H1B program, but it is possible that this order will never be signed. http://www.greencardapply.com/question/question17/H1B_Executive_Order_020617.htm http://www.greencardapply.com

How to Meet the 3 Prong Requirements of Matter of Dhanasar for EB2 NIW Petitions

How to Meet the 3 Prong Requirements of Matter of Dhanasar for EB2 NIW Petitions Question, Please provide a guidance for how to meet the requirements of the 3 tests or prongs of the Matter of Dhanasar case, for EB2 National Interest Waiver petition? Answer, One of the most productive, often efficient ways to U.S. permanent residence, is through a National Interest Waiver (EB2 NIW), under which a foreign national can receive U.S. permanent residence by showing that his or her employment will serve to the U.S. national benefits. There are two immense advantages to the EB2 NIW immigration category: 1) a foreign national can self-petition for U.S. permanent residence, rather than having to be sponsored by an U.S. employer; 2) the NIW petition submission is made directly to USCIS (U.S. Citizenship and Immigration Services), thereby avoiding entirely the recruitment and advertising requirements of the labor certification application process through the Department of Labor. However, over years, despite the advantages of the National Interest Waiver petition, USCIS immigration examiners have operated under somewhat vague guidance of precedential NYSDOT case, on the adjudication standards for National Interest Waiver petitions. The precedential EB2 National Interest Waiver case of Matter of Dhanasar (AAO, December 2016) provides a more flexible analysis that may benefit many petitioners. For the case of Matter of Dhanasar, regarding the first prong of showing "substantial merit and national importance", the USCIS Administrative Appeals Office (AAO) noted that the alien beneficiary’s merit may be shown in the fields of business, entrepreneurialism, science, technology, health, culture or education. It held that the petitioner is not required to show that the alien beneficiary has the potential to create a substantial impact, since it acknowledged that pure science and research may not translate into economic benefits for United States. Regarding whether the proposed endeavor has national significance, the AAO focused on potential prospective impact. It clearly stated that this impact is not to be evaluated solely geographically, but on a broader scale. Regarding the second prong of the Matter of Dhanasar case, in determining "whether the foreign national is well positioned to advance the proposed endeavor", the following factors may include, but are not limited to: the individual’s education, skills, knowledge, record of success in similar areas; a plan for the future; progress made in achieving the proposed endeavor; the interest of other related parties, such as users, customers, or investors. The AAO noted that the petitioners are not required to demonstrate that they are more likely than not to succeed in their fields. Regarding the third prong of the Matter of Dhanasar case, the AAO listed the following factors that may be considered in showing that "on balance it benefits the U.S. to waive the requirements of a job offer and labor certification": in light of the foreign national’s background; whether it would be impractical for the foreign national to obtain a job offer or labor certification on the foreign national’s behalf; whether it would still benefit the U.S. even if other qualified U.S. workers are available; and whether U.S. interest in the foreign national’s contributions is sufficiently urgent to forgo the labor certification. It should also be emphasized that the AAO eliminated the requirement of comparing the foreign national to other U.S. workers in the same field, and stressed that the new test was more flexible, so that more foreign nationals may satisfy the requirements of the EB2 National Interest Waiver. The third prong is actually a new prong, unlike the third prong of NYSDOT case, this third prong does not require a showing of harm to U.S. national interest or a comparison against U.S. workers in the petitioner’s field. The NYSDOT case’s previous third prong was especially problematic for certain petitioners, such as entrepreneurs and self-employed individuals. This more flexible third test which can be met in a range of ways is meant to apply to a greater variety of individuals. However, the factors to be evaluated regarding this prong requiring that on balance, it benefits the U.S. to waive the requirements of a job offer and labor certification still leaves much room for subjectivity, especially in determining when it is considered “impractical” for the foreign national to obtain a job offer or labor certification, and whether the U.S. interest in the foreign national’s contributions is sufficiently urgent to forgo the labor certification. That is where excellent advocacy skills will continue to play a critical role in obtaining an approved EB2 National Interest Waiver petition. http://www.greencardapply.com/question/question17/NIW_Matter_Dhanasar2_012417.htm http://www.greencardapply.com

What is the New Precedential National Interest Waiver Decision Released by AAO?

What is the New Precedential National Interest Waiver Decision Released by AAO? Question, What is the new precedential National Interest Waiver decision released by AAO, and the case of Matter of Dhanasar? Answer, In Matter of Dhanasar that USCIS' Administrative Appeals Office (AAO) released on December 27, 2016, AAO created a precedential new test for a EB2 National Interest Waiver petition (EB2 NIW) in sustaining the appeal, and approved the national interest waiver petition. For an EB2 National Interest Waiver petition, USCIS may grant a national interest waiver of the labor certification, which allows for self-petitioning by the foreign national, if the petitioner demonstrates that the alien is a member of the profession holding an advanced degree or equivalent, or because of exceptional ability in the arts, sciences or business, and will substantially contribute to the U.S. economy, culture, educational interests or welfare. The foreign national’s services must be in the sciences, arts, professions, or business. In the landmark case of Matter of New York State Department of Transportation (NYSDOT). USCIS established a framework for evaluating national interest waiver petitions. This EB2 NIW petition case required: 1) the employment is of substantial intrinsic merit; 2) any proposed benefit be national in scope; and 3) the national interest would be adversely affected if a labor certification were required for the foreign national. In Matter of Dhanasar, the AAO held that the NYSDOT analysis caused much confusion, and had a tendency to lead to unnecessary subject evaluation. AAO held that it was vacating NYSDOT criteria, and adopting a new and clearer framework for adjudicating EB2 National Interest Waiver petitions, which is stated as: Under the new framework, and after eligibility for EB-2 classification has been established, USCIS may grant a national interest waiver if the petitioner demonstrates by a preponderance of the evidence: 1) the foreign national’s proposed endeavor has both substantial merit and national importance; 2) the foreign national is well positioned to advance the proposed endeavor; and 3) on balance, it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification. If these three elements are satisfied, USCIS may approve the national interest waiver as a matter of discretion. In the underlying case of Matter of Dhanasar, the AAO noted that the petitioner: holds two master’s degrees and a Ph.D. in fields related to his area of developing air and space propulsion systems; is serving as a postdoctoral research associate and developed novel models; provided evidence of his publications and other published materials citing to his work; evidence of his membership in professional associations; documentation regarding his teaching activities; letters of recommendation from experts in his field. In finding that the foreign national petition satisfied all 3 prongs of the new test, it also noted his funding from national science agencies. http://www.greencardapply.com/question/question17/NIW_Matter_Dhanasar1_012317.htm http://www.greencardapply.com

The Battered Spouse Waivers for Conditional Permanent Residents

The Battered Spouse Waivers for Conditional Permanent Residents Question: I obtained conditional permanent resident status based upon a marriage with a U.S. citizen spouse. Can I apply for the removal of conditions by myself based on the cruelty by a U.S. citizen spouse? Answer: Conditional permanent residents are spouses of U.S. citizens who obtain permanent resident status based upon a marriage of less than two years at the time of approval. These individuals must file to remove the conditions, or the status will expire after two years. The removal of conditions must be filed jointly - that is, it must be signed by both spouses. There is a waiver of the joint filing requirement if the conditional permanent resident spouse has been subjected to battery or extreme cruelty by a U.S. citizen spouse. If approved, the victim may have her/his conditions removed on permanent residence, and thus will hold permanent status, without the help of the abusive spouse. http://www.greencardfamily.com/question/question2017/Waivers_Conditional_Resident_022017.htm http://www.greencardfamily.com

The Following-To-Join Benefit for a Permanent Resident's Spouse

The Following-To-Join Benefit for a Permanent Resident's Spouse Question: I recently got my family-based I-485 application approval and the Green Card. Now, I want to bring my wife to United States. We married a few years ago before I come to the United States. Please let me how would I do this, Thank you very much. Answer: Since the spousal relationship have existed before your admission to the United States, your wife may qualify for the following-to-join benefit for a permanent resident's spouse. You should file Form I-824 at the USCIS office that took the I-485 approval on your case. The documents you must file with the USCIS include a copy of the I-797, Notice of Action, for your original I-485 application. If your I-824 application is approved, USCIS will notify a U.S. consulate in your wife's country that you are a U.S. lawful permanent resident, so that your wife can apply for a following-to-join immigrant visa. Your wife must then contact the local U.S. consulate to complete the visa processing. http://www.greencardfamily.com/question/question2017/Spouse_Following_Join_021917.htm http://www.greencardfamily.com

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. http://www.greencardapply.com/question/question15/I140-Petition-Time_010215.htm http://www.greencardapply.com/perm.htm

Why Would the USCIS Conduct a Site Visit for Alien Workers in H-1B, L-1, or O-1 Status?

Why Would the USCIS Conduct a Site Visit for Alien Workers in H-1B, L-1, or O-1 Status? Question: I am in L-1B visa, and my co-worker with L-1B visa in another city has just had a "Site Visit" by USCIS. Why would the USCIS conduct a site visit? Is there anything I need to know or be careful for the possible site visit for my work place? Answer: A special office of U.S. Citizenship and Immigration Services (USCIS), called the Office of Fraud Detection and National Security (FDNS) will conduct a site visit for companies with alien workers in H-1B, L-1, or O-1 status. There may be a few red flags to trigger the FDNS to have a site visit. For example, the alien workers may be placed at a location that is different from the U.S. employer’s actual work location. These practice and work location arrangements are often occur with alien workers in the Information Technology (IT) field. Some U.S. service companies employ many alien workers as "consultant", and assign these consultants to work for their "end client" companies at the client's locations. Because these arrangements can be confusing for USCIS, the FDNS conducts the site visits to confirm that the worksite location explanation on the non-immigrant visa application Form I-129 for H-1B, L-1, or O-1 visa is correct, and that the U.S. service companies are truly the alien worker’s employer. It is very importance to provide true and accurate information on all H-1B, L-1, or O-1 visa applications. The USCIS' Office of Fraud Detection and National Security is very likely to conduct a site visit if the U.S. employer has previously committed immigration visa fraud. If the FDNS finds the fraud, it will carefully review all subsequent immigration petitions filed by the U.S. employer. http://www.greencardapply.com/question/question14/USCIS-Site-Visit_122014.htm http://www.greencardapply.com/l1visa.htm

What Should I Do If I Wait to Re-Marry here in the U.S.?

What Should I Do If I Wait to Re-Marry here in the U.S.? Question: I came to U.S. with B-1 visa, and married a U.S. husband. Now, my divorce has taken a while to come through, and I am now out of status in U.S. If I wait to re-marry here in the U.S. with a U.S. Citizen or a Permanent Resident (Green Card holder). What should I do? Answer: If you marry a U.S. Citizen, you can apply for Adjustment of Status inside U.S. However, if you marry a Permanent Resident, the mere filing of an immigrant visa I-130 petition on your behalf does not give you permission to remain in the United States. However, beware of leaving the U.S. If you remain in the United States unlawfully for more than 180 days, you may not be able to return to the United States for 3 years. If you remain in the United States unlawfully for more than 1 year, you may not be able to return to the United States for 10 years. There are waivers of the 3 and 10 year bars, if you can prove extreme hardship to your spouse. However, USCIS interprets the words "extreme hardship" very narrowly. http://www.greencardfamily.com/question/question2016/Out_Of_Status_121116.htm http://www.greencardfamily.com/index.htm

Joint Filing USCIS Form I-751 with Troubled Marriage

Joint Filing USCIS Form I-751 with Troubled Marriage Question: I married to a U.S. citizen husband, and now I am in a difficult situation of failing marriage. We are in the process of divorce, can we still file USCIS Form I-751 filings jointly? Answer: USCIS Form I-751 can be filed by a couple jointly, even it they are legally separated or in the process of divorce. But USCIS will review these Form I-751 applications carefully, because there is a potential indication that the marriage may not have been real at its beginning. In these I-751 application cases, the USCIS may issue a Request For Evidence (RFE) asking for response in certain time. This RFE will request a copy of documentation proving termination of the marriage, and a request to have the joint petition treated as a request for a waiver of the joint filing. This allows the alien applicant to obtain the waiver, if the marriage has been terminated, without having to re-file the I-751. If there is no response to the RFE, or the response does not establish that the marriage is terminated, the USCIS will adjudicate it as a joint petition. The result will depend on the evidence of real marriage. The I-751 application case may be forwarded to a USCIS field office for an in-person interview to determine if the marriage was real at the time when the couples entered into the marriage. It is often the case that a marriage is genuine at the outset, but ultimately does not survive. http://www.greencardfamily.com/question/question2016/Form_I751_Troubled_Marriage_121216.htm http://www.greencardfamily.com/citizenspouse.htm

What Does a Sponsor Need to Do to Start an Immigration Process?

What Does a Sponsor Need to Do to Start an Immigration Process? Question: For a family-based immigration, what does a sponsor need to do to start the immigration process for a U.S. Citizen's relative? Answer: To start the immigration process for a U.S. Citizen's relative, there are two scenarios: 1). The Beneficiary is already in the United States in a nonimmigrant status: If the alien is an immediate relative of a U.S. Citizen then he/she does not need to be in nonimmigrant status, but does need to have been admitted into the U.S. with a valid visa. In this case, if the Beneficiary is an immediate relative of a U.S. citizen, the U.S. Citizen sponsor can file an immigration petition, and the Beneficiary can file an application for adjustment of status at the same time. If the Beneficiary belongs to one of the four Preferences, then only the immigration petition can be filed, and the Beneficiary has to wait for the immigrant visa number to become current before he or she may apply to adjust to permanent resident. During this waiting period, the Beneficiary needs to independently maintain a valid nonimmigrant status. 2). The Beneficiary is outside the United States: In this case, the Sponsor needs to file an immigration petition and request that the USCIS notify a U.S. Consulate in the country where the Beneficiary lives. Once the immigration petition is approved, the National Visa Center of the U.S. State Department sends a forms and information package, "Packet 3", to the Sponsor. After the necessary forms are completed, the Beneficiary goes to the U.S. Consulate overseas to apply for an immigrant visa. On the day that the Beneficiary enters the United States on an immigrant visa, he or she becomes a U.S. permanent resident. http://www.greencardfamily.com/question/question2017/Immigration_Process_010317.htm http://www.greencardfamily.com/index.htm

What Will Happen for Her Green Card If She Wants to Live outside U.S. for Long Time?

What Will Happen for Her Green Card If She Wants to Live outside U.S. for Long Time? Question: My mother has U.S. Green Card, and she wants to live in her home country for a longer time. What will happen for her Green Card if she wants to live there for more than one year? Answer: Many people want to apply for U.S. Green Card for their parents, and hope it will facilitate easy travel and long visits for their parents. But their hope does not fit with U.S. immigration laws, which require that the Green Card holders should make their permanent home in U.S., not in their home country. Also, there is no minimum amount of time that a parent can live in the United States to avoid the problem of "abandonment of residence" of United States. If a parent with Green Card leaves the United States, even for a short time, and upon return the border U.S. officials can be convinced that the parent's real home is outside the United States. So, the official can deny the parent's entry into U.S., and revoke the Green Card. Also, trips outside the U.S. of 5 months or longer are guaranteed to raise series questions, and trips of a year or more can raise a presumption that the parent has abandoned their residence of United States. http://www.greencardfamily.com/question/question2017/Abandonment_Residence_010417.htm http://www.greencardfamily.com/parent.htm

Can I Stay in U.S. Longer with My Non-immigrant Visa?

Can I Stay in U.S. Longer with My Non-immigrant Visa? Question, I have a non-immigrant visa. What will happen if I decide to stay in U.S. longer beyond the period of time authorized in the visa? Does that mean I will be out-of-status? Answer, With a non-immigrant visa, you should carefully consider the dates of your authorized stay, and make sure you are following the procedures. Failure to do so will cause you to be out-of-status. Staying beyond the period of time authorized by the Department of Homeland Security and out-of-status in the U.S. is a violation of U.S. immigration laws, and may cause you to be ineligible for a visa in the future for return travel to the U.S. If you overstay the end date of your authorized stay, as provided by the CBP officer (U.S. Customs and Border Protection) at a port-of-entry, or United States Citizenship and Immigration Services (USCIS), your visa will be automatically voided or cancelled. http://www.greencardapply.com/question/question16/Non-immigrant_Visa_121116.htm http://www.greencardapply.com/index.htm

Does EB1 Outstanding Researcher or Professor Petition Need Employer Sponsorship?

Does EB1 Outstanding Researcher or Professor Petition Need Employer Sponsorship? Question, I am now working for a small company as a researcher. Does EB1 Outstanding Researcher or Professor petition need employer sponsorship? Can a private company sponsor me for immigrant application in this category? Answer, A labor certification is not required in EB1 Outstanding Researcher or Professor petition (EB-1B or EB1-OR). But the EB1 Outstanding Researcher or Professor petition immigration application requires that the alien beneficiary has a permanent employment offer from an U.S. employer. The permanent job offer may includes tenure or tenure track position in a university, or other permanent job position in a company. For positions other than a tenure or tenure track position, the job offer letter should be carefully drafted to meet the "permanent job" requirement of EB-1B application. The EB1 Outstanding Researcher or Professor petition is an immigration category for researchers and professors only. To be eligible for this classification, the alien applicant's job duties must be primarily research. A private company can file EB-1B application for an alien worker. But there are other requirements that a private company has to meet for filing an EB-1B application. If the U.S. employer is a private company, not a university or educational institution, the private employer must employ at least 3 full time researchers in their research activities, and have achieved documented accomplishments in an academic field. http://www.greencardapply.com/question/question16/EB1B_Sponsorship_121216.htm http://www.greencardapply.com/or.htm

The L-1 Petitions for Multiple Employees by the Same Employer

The L-1 Petitions for Multiple Employees by the Same Employer Question, As a multinational company, we need to transfer several employees into United States for a major project. We just heard that we could bundle together the L-1 petitions for multiple employees. Is this true? and how could we do it? Thank you very much. Answer: USCIS has announced in that it will be allowable to "bundle" together L-1 petitions for multiple employees when filed for identical positions by the same employer. The L-1 petitions may be bundled in order to streamline and improve the adjudication process. It is helpful that the USCIS recognizes that businesses often need to transfer multiple employees with specialized knowledge to the U.S. for the same project at the same time. It is still necessary to prepare a separate petition with separate filing fee for each foreign national beneficiary. However, it now is possible to identify certain groups of essentially identical petitions as L-1 bundles. The requirements for bundling are as follows: The petitions grouped in a bundle must be filed by a single petitioner. These petitions must be filed on behalf of beneficiaries employed at the same foreign entity who will seek initial L-1 status or an extension of their L-1 status. In order to file several petitions as a single bundle, the U.S. employment must be for the same project, at the same location, with each L1B employee performing the same specialized knowledge duties. The petitions for L1A managers who will manage the bundled group of L1B beneficiaries working on the project can also be included in the bundle. All of the petitions must be filed either as non-premium processing or premium processing cases in a group. The application to change / extend nonimmigrant status (Form I-539) filed for dependents of these L-1 beneficiaries can also be filed in the same bundle. http://www.greencardapply.com/question/question17/L1_Visa_Petitions_Employees_010317.htm http://www.greencardapply.com/l1visa.htm

Can I File EB1 and EB2 NIW Categories at the Same Time

Can I File EB1 and EB2 NIW Categories at the Same Time Question, I am a pharmaceutical researcher, and I have several publications with hight number of citations. Can I file EB1 (EB1 Extraordinary Ability or EB1 Outstanding Professor and Researchers) and EB2 NIW at the same time, to increase my approval chance? Answer, EB1 Extraordinary Ability (EB-1A) and National Interest Waiver (NIW) are in the "special categories" of green card petitions. We have successfully helped a great many people in the EB1 Extraordinary Ability, EB1 Outstanding Professor and Researchers (EB-1B), EB1 Multinational Executive or Manager (EB-1C), and National Interest Waiver categories. An alien applicant can actually file in two categories at one time, and may receive approvals in both. This strategy is sometimes used where the alien applicant potentially qualifies in multiple categories, to enhance the likelihood of successful approval. For example, an applicant can receive Form I-140 petition approvals in both the EB1 Extraordinary Ability and EB2 National Interest Waiver categories. It is necessary to demonstrate and argue an applicant's qualifications in those areas that are relevant to the particular special category. These employment-based categories can potentially provide faster routes to complete the green card process for those who are eligible. For example, an researcher had a record of conducting groundbreaking research in the field of Biomedical Sciences, specifically in the area of DNA research. He filed in both the EB1 Extraordinary Ability and EB2 National Interest Waiver categories at the same time, and got both approvals. The evidence was presented that he had resulted in advancements of significant benefit to research on cancer; viral infections, such as AIDS/HIV; diabetes; bacterial diseases, such as leprosy, tuberculosis, and pneumonia; and antibiotic resistance. http://www.greencardapply.com/question/question17/EB1_NIW_Petitions%20_010417.htm http://www.greencardapply.com/ea.htm http://www.greencardapply.com/niw.htm