Could the Officer at the Canadian Border Deny my TN-1 Extension

Could the Officer at the Canadian Border Deny my TN-1 Extension Question: I am a Canadian citizen working in US. My current status is TN-1. My employer filed a labor certification application for me, and TN status will expire in a month. I am afraid that the Free Trade Officer at the Canadian border or the USCIS Service Center may deny my TN-1 extension, as I filed a labor certification application. What should I do? Answer: TN-1 is a temporary visa that needs intent to return to Canada upon completion of the one-year temporary work. Unlike the H-1B, TN does not enjoy dual intent. But filing of labor certification application does not in itself constitute such an intent not to return to Canada. In your case, you are in a very early stage of the immigration process, waiting for the labor certification application. Accordingly, you are not likely to face a serious problem either at the border or at the USCIS Service Center, in obtaining extension of TN status for another year. Just as with any important presentation, the key to a successful TN visa application at the Canada/U.S. border is preparation. Due to the high-stakes nature of the application process, many Canadian applicants are understandably uncomfortable with applying for TN status at a U.S. port of entry. With proper preparation and supporting documentation, though, you can effectively minimize the chances of your application being denied. The first step in preparing to apply for the TN visa is to ensure that you and the U.S. position you seek to fill are eligible for TN status. The most common reasons for denial are lack of evidence of eligibility, so it’s important to bring clear, concise documentation to your appointment. Most commonly, applicants encounter difficulties when they have forgotten educational records, or documentation from the employer that explains the position’s duties. http://www.greencardfamily.com/question/question2018/TN_Visa_Extension_062518.htm http://www.greencardfamily.com

What If the Immigrant Spouse Waits the Green Card Application in U.S. Illegally?

What If the Immigrant Spouse Waits the Green Card Application in U.S. Illegally? Question: My spouse has overstayed her B-2 visa. Can she wait for her Form -130 and Green Card application process inside U.S.? Answer: Starting a green card application process, that is filing Form 1-130 and placing the spouse on the waiting list, will not give him or her any right to come to or remain in the United States. Unless a spouse already has a valid visa and has not stayed past the required departure date, the spouse is expected to wait in the home country until the priority date is current, before moving forward to claim any immigration rights. Waiting in the United States illegally until a priority date becomes current can lead to disastrous results. That is because accruing unlawful presence in the United States can lead to an inadmissibility bar of several years long. With 180 days of unlawful presence, the spouse can be barred from returning to the U.S. for three years; and with one year’s unlawful presence, the time bar becomes ten years. The ground of inadmissibility arises if your spouse is living illegally in the United States, whether that is due to having entered without inspection or having overstayed a visa. These penalty bars are typically placed by the U.S. consulate when the immigrating spouse goes to apply for the immigrant visa, or green card. http://www.greencardfamily.com/question/question2018/Wait_GreenCard_Illegally_050818.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/question2018/RFE_Additional_Evidence_050718.htm http://www.greencardfamily.com

Do I Have to Have a Foriegn Employer to Apply for EB-1C Green Card?

Do I Have to Have a Foriegn Employer to Apply for EB-1C Green Card? Question, I have a H-1B visa in United States. If I want to apply for Green Card in the EB-1C Multinational Executive or Manager category, do I have to have a foriegn employer to apply for EB-1C Green Card? Answer, In order for an alien to apply for U.S. Green Card in the category of EB-1C Multinational Executive or Manager, there must be a foriegn employer. The foreign employer may take the form of any business organization, such as a company limited by shares, a limited liability company, a partnership, a joint venture, or any other type of business entity. The company abroad may be the parent, subsidiary, branch or affiliate of the U.S. company. The alien beneficiary of an EB-1C immigrant petition must have been employed in the foreign company in a managerial or executive capacity for not less than one year in the three years immediately preceding the date the petition is submitted. The company abroad must actively engage in business operations and financially viable to support the petition. Materials submitted in petitions must substantiate that the two organizations, the U.S. employer and foreign entity, whether they are a parent, branch, subsidiary, or affiliate of the other, have common ownership and control to demonstrate that a manager or executive qualifies as an EB-1C beneficiary. Here, a contractual relationship, i.e. licensing or franchising, is often not sufficient to establish the corporate relationship required for an EB-1C Green Card application. Moreover, if one or both of the qualifying entities has undergone or will undergo some type of corporate reorganization, such as a merger or acquisition, then USCIS must be apprised so that it can determine whether a qualifying relationship between the entities exists or will exist. http://www.greencardapply.com/question/question18/EB1C_Foriegn_Employer_061918.htm http://www.greencardapply.com

If I File I-485 now, May I Change My Current Job after 180 Days?

If I File I-485 now, May I Change My Current Job after 180 Days? Question, I recently filed Form I-140 in the category of EB1 Extraordinary Ability. Currently I am on J-1 visa and waiting for H-1B approval from USCIS. I would like to concurrently file I-485 also. If I file I-485 now, may I change my current job after 180 days? Thank you for your time and advice. Answer, Under AC21 rule, you can change job after 180 days of filing I-485. But the new employment position should be similar or same as the job classification in the form I-140, and the form I-140 petition should be approved already. If your I-140 petition is still pending, you can not change employer, even the I-485 application has passed 180 days. Here, only the APPROVED form I-140 is portable to a new employer, after passage of 180 days of form I-485 filing. http://www.greencardapply.com/question/question18/I485_Change_Job_061818.htm http://www.greencardapply.com

The Part Two and Reference Letters for EB1-Extraordinary Ability Petition

The Part Two and Reference Letters for EB1-Extraordinary Ability Petition Question, I am preparing the petition in the category of EB1-Extraordinary Ability. What kind of comments and description that I should put into the Part Two for my accomplishments "in total"? and what are the major consideration for reference letters? Answer, You should set up your EB1-Extraordinary Ability petition in two parts. Part One should be reserved for a discussion of the submitted evidence under the EB1-Extraordinary Ability regulatory criteria; Part Two should be reserved for a review of your evidence “in its entirety”. Part Two is where it might be helpful to put in anything that would not be considered sufficient to prove a specific EB-1A criterion, but “in total” show up your achievements to the best advantage. For example, even through travel awards are generally not considered major prizes, the fact that you won several of those awards to attend major conferences gives a full and more accurate picture of your accomplishments. For reference letters, youn should focus on independent and objective experts in the field who know of your work primarily through reputation, and make sure that the reference letters address how each of your accomplishments meet each individual EB-1A criterion, as well as how the evidence in its entirety demonstrates that you have achieved national or international acclaim, and are one of the very few who have risen to the top of the field. http://www.greencardapply.com/question/question18/Extraordinary_Ability_Part_Two_060418.htm http://www.greencardapply.com

What Happens If I Find Another H-1B Visa Sponsoring Employer?

What Happens If I Find Another H-1B Visa Sponsoring Employer? Question, I was laid off last month, and my company has informed me that it sent U.S. Citizenship and Immigration Services (USCIS) a letter revoking my H-1B petition. What happens if I find another H-1B employer in the meantime? Answer, The revocation does not prevent the approval of an H-1B by a new employer, although the ability to extend H-1B status in the U.S. is affected by whether or not the individual is maintaining H-1B status at the time the new employer files its H-1B petition. H-1B status is lost upon termination of the employment, not upon revocation of the H-1B petition. It is necessary to make efforts to find another job as soon as possible and have the new employer sponsor another H-1B promptly. It is risky to remain in the United States without a valid immigration status. These risks include potential removal. If an extension of status is requested, the USCIS will review the proof of status submitted with the new employer's case. This is normally in the form of current pay stubs. If there are not current pay stubs as proof of continuing status, it may not be possible to obtain an extension of stay - reflected in an approval notice with an I-94 at the bottom. Thus, the new employer's H-1B petition may be approved, but with an instruction to depart the U.S. and request a visa at a U.S. consulate. In this event, it would be necessary to travel abroad, obtain a new H-1B visa at the consulate if needed, and obtain a new I-94 card at the port of entry. http://www.greencardapply.com/question/question18/H1B_Visa_Employer_060318.htm http://www.greencardapply.com

Do I Qualify for the "Culturally Unique" Requiremrnt of the P-3 Visa Application?

Do I Qualify for the "Culturally Unique" Requiremrnt of the P-3 Visa Application? Question, I am a folk dancer and seeking P-3 visa to perform in U.S. during the summer. Do I qualify for the "culturally unique" requiremrnt of the P-3 visa application? Answer, There are a number of different visa options available to artists and entertainers to perform in the U.S. The P-3 visa is available to both groups and individuals for the purpose of developing, interpreting, representing, coaching, or teaching a culturall unique ethnic, folk, cultural, musical, theatrical, or artistic performance or presentation. USCIS views “cultural unique” as synonymous with traditional or historically tied to a particular culture in some fashion. This means artists qualifying for P-3 visas primarily practice some type of traditional art form. This includes varied acts as folk dancers, bagpipers, acrobats, kabuki performers, flamenco dancers, chanson singer, or bharatanatyam dancers. P-3 performers can often trace the history of their art form back hundreds and even thousands of years, but that is not always the case. http://www.greencardapply.com/question/question18/P3_Visa_Culturally_Unique_052218.htm http://www.greencardapply.com

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/question18/L1_Petitions_Employees_052118.htm http://www.greencardapply.com

Do I Need to File an Amended H-1B Petition?

Do I Need to File an Amended H-1B Petition? Question, I am a H-1B worked, and will relocate to work in another location. Do I need to file an amended H-1B petition? Answer, If the employer asserts that there has been a significant change in the H1B worker's job role, the H1B petition should reflect those changes, typically with the filing of an amended H1B petition. On April 9, 2015, USCIS’ Administrative Appeal Office (AAO) issued a precedent decision, Matter of Simeio Solutions, LLC (PDF), which held that employers must file amended H-1B petitions when a new Labor Condition Application for Nonimmigrant Workers (LCA) is required due to a change in the H-1B worker’s worksite location. Specifically, the decision stated: When H-1B employees change their place of employment to a worksite location that requires employers to certify a new Labor Condition Application for Nonimmigrant Workers to the Department of Homeland Security. When there is a material change in the terms and conditions of employment, the petitioner must file an amended or new H−1B petition with the corresponding LCA. This precedent decision represents the USCIS position that employers are required to file an amended petition before placing an H-1B employee at a new worksite. USCIS will accept comments on the below draft guidance for a limited period of time. You must file an amended H-1B petition if your H-1B employee changed or is going to change his or her place of employment to a worksite location outside of the metropolitan statistical area (MSA), or an “area of intended employment” covered by the existing approved H-1B petition, even if a new LCA is already certified and posted at the new location. If your H-1B employee is moving to a new job location within the same MSA or area of intended employment a new LCA is not required. Therefore, you do not need to file an amended H-1B petition. However, you must still post the original LCA in the new work location within the same MSA or area of intended employment. http://www.greencardapply.com/question/question18/Amended_H1B_Petition_050618.htm http://www.greencardapply.com

How to Determine the "Prevailing Wage" in a Labor Certification Application

How to Determine the "Prevailing Wage" in a Labor Certification Application Question, How to determine the "prevailing wage" in a Labor Certification application? Does my employer must pay the listed prevailing wage on the Labor Certification? Answer, The prevailing wage determination issued by the Department of Labor’s National Prevailing Wage Center (NPWC), establishes the minimum wage the employer must pay to the sponsored employee at the time he or she receives their green card. Obtaining a prevailing wage determination (PWD) for the sponsored green card position is a mandatory step that must be completed prior to filing Form 9089, the PERM Labor Certification Application. The prevailing wage determination by DOL will tell the employer how much is normally paid to people in jobs equivalent to the one the foreign national has been offered. The determination is good for only a limited amount of time, depending partly on when the DOL does its annual updating of wage information. Finding out the prevailing wage is a crucial step, because the employer must offer at least this amount in the labor certification process. Even if the employer is offering a wage the DOL would find appropriate, a PERM labor certification application can be denied if the DOL learns that no formal PWD was issued. This is different from the process of obtaining an H-1B or other nonimmigrant work visa, where no formal DOL statement of prevailing wages is absolutely required. Because many factors go into a wage determination, such as geographic location, job title, discipline, job duties, required education, and so on, it is not possible to predict the exact amount of the prevailing wage until the DOL provides it. The employer is obligated to pay the sponsored employee either the prevailing wage or the offered salary, whichever is higher, at the time they receive their green card. The required wage must also be used during the recruitment portion of the PERM process. http://www.greencardapply.com/question/question18/PERM_Prevailing_Wage_050518.htm http://www.greencardapply.com