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