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?
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.
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?
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.
For a family-based immigration, what does a sponsor need to do to start the immigration process for a U.S. Citizen's relative?
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.
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?
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.
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.
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.
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?
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.
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?
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.
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?
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.
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?
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.
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?
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.
We also provide "Complete Do-It-Yourself Packages" for your immigration and Green Card application (or US Permanent Resident application). Our web site is very helpful for the immigrants with advanced degree and academic background. Your hard work is worth a US Green Card; you just need to know the US immigration process and requirements, and know how to apply for US Green Card or Permanent Residency for you and your family.
Green Card Application Service, Inc. P.O. Box 91 Rensselaer, NY 12144 USA
Green Card Application Service, Inc. P.O. Box 91 Rensselaer, NY 12144 USA
- Green Card Application Service1997 - presentwww.greencardapply.com is the largest online resources for U.S. immigration, Green Card application, and U.S. working visa application. We provide detailed U.S. immigration and Green Card application processes and requirements, answer various immigration and Green Card application related questions, and supply Complete Do-It-Yourself Green Card Application Packages and U.S. Working Visa Application Packages. We provide access to various U.S. green card and immigration application resources, immigration news, blogs, and frequently asked questions/ answers for green card application and work visa application. We also supply samples of reference letter, and share the best practices and immigration questions and answers to help your green card application process. We provide "Complete Do-It-Yourself Packages" for US immigration and Green Card application categories of EB1 Extraordinary Ability (EB1A or EB1-EA), EB1 Outstanding Researcher or Outstanding Professor (EB1B or EB1-OR), EB2 National Interest Waiver (NIW), EB1 Multinational Executive or Manager (EB1C), PERM Labor Certification application, Form I-140 immigrant petition, J1 visa waiver of two-year home country service, Form I-485 adjustment of status, H1B visa, O1 visa, L1 visa, P1, P2, P3 visa, and Request For Evidence (RFE) of Form I-140 application.
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