Green Card Application for US Citizen Relatives

Petitioners must always be adults, 21 years of age or older. They may be either U.S. citizens (by birth or naturalization) or U.S. permanent residents (green card holders). The list of relatives for whom a permanent resident can file is not the same as the relatives for whom a U.S. citizen may file as sponsor or petitioner. Both U.S. citizens and green card holders may petition for their spouses, minor children, and unmarried sons and daughters (21 or older). However, as mentioned before, there are other differences between the relatives who may be beneficiaries of a case filed by a U.S. citizen, as opposed to those in a case filed by a green card holder. U.S. citizens may petition for their parents, married sons and daughters, as well as their siblings. (U.S. citizens can also file for fiancé/es, but because this is a temporary category, it is not included in the chart pertaining to permanent immigration benefits.) http://www.greencardfamily.com/news/news2012/news2012_0615.htm The question of how long a particular case will take can be a bit complicated. The United States sets strict annual limits on the number of individuals who may immigrate permanently each year. This is determined by the case category and country of chargeability. The date that the petition for a relative (Form I-130) is filed establishes the priority date. This, essentially, sets the family member's place in the queue. The waiting time in some categories is measured in years and, in some situations, is more than a decade. The situation for those cases categorized as immediate relatives, as explained below, is far more favorable. The U.S. Department of State (DOS) controls the annual legal limits on permanent immigration to the United States by the use of visa numbers, available in accordance with the legal limits. The availability of visa numbers by category is reflected in the monthly DOS visa bulletin. Some relatives of U.S. citizens are categorized as immediate relatives. These cases are not subject to visa number backlog, and are not reflected in the visa bulletin. These cases can move forward without waiting times for visa numbers. The paperwork needs to be processed by the U.S. Citizenship and Immigration Services and, in some cases, the DOS, through a U.S. consulate abroad. The waiting time for this paperwork processing is usually far less than the waiting time for visa number availability in family-preference cases. http://www.greencardapply.com http://www.greencardfamily.com

Q and A Deferred Action for Childhood Arrivals from USCIS

USCIS - Frequently Asked Questions About Deferred Action for Childhood Arrivals Q1: What is deferred action? A1:Deferred action is a discretionary determination to defer removal action of an individual as an act of prosecutorial discretion. Deferred action does not confer lawful status upon an individual. In addition, although an individual whose case is deferred will not be considered to be accruing unlawful presence in the United States during the period deferred action is in effect, deferred action does not excuse individuals of any previous or subsequent periods of unlawful presence. Under existing regulations, an individual whose case has been deferred is eligible to receive employment authorization for the period of deferred action, provided he or she can demonstrate “an economic necessity for employment.” DHS can terminate or renew deferred action at any time at the agency’s discretion. http://www.greencardfamily.com/news/news2012/news2012_1010.htm Q2: What is deferred action for childhood arrivals? A2: On June 15, 2012, the Secretary of Homeland Security announced that certain people who came to the United States as children and meet several key guidelines may request consideration of deferred action for a period of two years, subject to renewal, and would then be eligible for work authorization. Individuals who can demonstrate through verifiable documentation that they meet these guidelines will be considered for deferred action. Determinations will be made on a case-by-case basis under the guidelines set forth in the Secretary of Homeland Security’s memorandum. Q3: If my removal is deferred pursuant to the consideration of deferred action for childhood arrivals process, am I eligible for employment authorization? A3: Yes. Pursuant to existing regulations, if your case is deferred, you may obtain employment authorization from USCIS provided you can demonstrate an economic necessity for employment. Q4: Does this process apply to me if I am currently in removal proceedings, have a final removal order, or have a voluntary departure order? A4: This process is open to any individual who can demonstrate he or she meets the guidelines for consideration, including those who have never been in removal proceedings as well as those in removal proceedings, with a final order, or with a voluntary departure order (as long as they are not in immigration detention). If you are not in immigration detention and want to affirmatively request consideration of deferred action for childhood arrivals, you must submit your request to USCIS – not ICE – pursuant to the procedures outlined below. If you are currently in immigration detention and believe you meet the guidelines you should not request consideration of deferred action from USCIS but should identify yourself to your detention officer or contact the ICE Office of the Public Advocate through the Office’s hotline at 1-888-351-4024 (staffed 9 a.m. – 5 p.m., Monday – Friday) or by email at EROPublicAdvocate@ice.dhs.gov. Q5: Do I accrue unlawful presence if I have a pending request for consideration of deferred action for childhood arrivals? A5: You will continue to accrue unlawful presence while the request for consideration of deferred action for childhood arrivals is pending, unless you are under 18 years old at the time of the request. If you are under 18 years old at the time you submit your request but turn 18 while your request is pending with USCIS, you will not accrue unlawful presence while the request is pending. If your case is deferred, you will not accrue unlawful presence during the period of deferred action. Having action deferred on your case will not excuse previously accrued unlawful presence. Q6: If my case is deferred, am I in lawful status for the period of deferral? A6: No. Although action on your case has been deferred and you do not accrue unlawful presence during the period of deferred action, deferred action does not confer any lawful status. There is a significant difference between “unlawful presence” and “unlawful status.” Unlawful presence refers to a period an individual is present in the United States (1) without being admitted or paroled or (2) after the expiration of a period of stay authorized by the Department of Homeland Security (such as after the period of stay authorized by a visa has expired). Unlawful presence is relevant only with respect to determining whether the inadmissibility bars for unlawful presence, set forth in the Immigration and Nationality Act at Section 212(a)(9), apply to an individual if he or she departs the United States and subsequently seeks to re-enter. (These unlawful presence bars are commonly known as the 3- and 10-Year Bars.) The fact that you are not accruing unlawful presence does not change whether you are in lawful status while you remain in the United States. Because you lack lawful status at the time DHS defers action in your case, you remain subject to all legal restrictions and prohibitions on individuals in unlawful status. Q7: Does deferred action provide me with a path to permanent residence status or citizenship? A7: No. Deferred action is a form of prosecutorial discretion that does not confer lawful permanent resident status or a path to citizenship. Only the Congress, acting through its legislative authority, can confer these rights. Q8: If my case is deferred, will I be eligible for premium tax credits and reduced cost sharing through Affordable Insurance Exchanges starting in 2014? A8: No. The Departments of Health and Human Services and the Treasury intend to conform the relevant regulations to the extent necessary to exempt individuals with deferred action for childhood arrivals from eligibility for premium tax credits and reduced cost sharing. This is consistent with the policy under S. 3992, the Development, Relief, and Education for Alien Minors (DREAM) Act of 2010. Q9: Can I be considered for deferred action even if I do not meet the guidelines to be considered for deferred action for childhood arrivals? A9:This process is only for individuals who meet the specific guidelines announced by the Secretary of Homeland Security. Other individuals may, on a case-by-case basis, request deferred action from USCIS or ICE in certain circumstances, consistent with longstanding practice. Q10: Will the information I share in my request for consideration of deferred action for childhood arrivals be used for immigration enforcement purposes? A10: Information provided in this request is protected from disclosure to U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP) for the purpose of immigration enforcement proceedings unless the requestor meets the criteria for the issuance of a Notice To Appear or a referral to U.S. Immigration and Customs Enforcement under the criteria set forth in USCIS’s Notice to Appear guidance (www.uscis.gov/NTA). Individuals whose cases are deferred pursuant to the consideration of deferred action for childhood arrivals process will not be referred to ICE. The information may be shared with national security and law enforcement agencies, including ICE and CBP, for purposes other than removal, including for assistance in the consideration of deferred action for childhood arrivals request, to identify or prevent fraudulent claims, for national security purposes, or for the investigation or prosecution of a criminal offense. The above information sharing policy covers family members and guardians, in addition to the requestor. This policy, which may be modified, superseded, or rescinded at any time without notice, is not intended to, does not, and may not be relied upon to create any right or benefit, substantive or procedural, enforceable by law by any party in any administrative, civil, or criminal matter. Q11: If my case is referred to ICE for immigration enforcement purposes or if I receive an NTA, will information related to my family members and guardians also be referred to ICE for immigration enforcement purposes? A11: If your case is referred to ICE for purposes of immigration enforcement or you receive an NTA, information related to your family members or guardians that is contained in your request will not be referred to ICE for purposes of immigration enforcement against family members or guardians. However, that information may be shared with national security and law enforcement agencies, including ICE and CBP, for purposes other than removal, including for assistance in the consideration of the deferred action for childhood arrivals request, to identify or prevent fraudulent claims, for national security purposes, or for the investigation or prosecution of a criminal offense. This policy, which may be modified, superseded, or rescinded at any time without notice, is not intended to, does not, and may not be relied upon to create any right or benefit, substantive or procedural, enforceable at law by any party in any administrative, civil, or criminal matter. Q12: Does this Administration remain committed to comprehensive immigration reform? A12: Yes. The Administration has consistently pressed for passage of comprehensive immigration reform, including the DREAM Act, because the President believes these steps are critical to building a 21st century immigration system that meets our nation’s economic and security needs. Q13: Is passage of the DREAM Act still necessary in light of the new process? A13: Yes.The Secretary of Homeland Security’s June 15th memorandum allowing certain people to request consideration for deferred action is the most recent in a series of steps that DHS has taken to focus its enforcement resources on the removal of individuals who pose a danger to national security or a risk to public safety. Deferred action does not provide lawful status or a pathway to citizenship. As the President has stated, individuals who would qualify for the DREAM Act deserve certainty about their status. Only the Congress, acting through its legislative authority, can confer the certainty that comes with a pathway to permanent lawful status. Q14: Can I request consideration of deferred action for childhood arrivals under this process if I am currently in a nonimmigrant status (e.g. F-1, E-2, H-4) or have Temporary Protected Status (TPS)? A14: No. You can only request consideration of deferred action for childhood arrivals under this process if you currently have no immigration status and were not in any lawful status on June 15, 2012. http://www.greencardapply.com http://www.greencardfamily.com

Science, Technology, Engineering and Math (STEM) Jobs Act

This bill is about pass in the House day after tomorrow, Friday, but the President released an information that he opposes this bill. It is thus certain that once this bill goes to the Senate, it will go nowhere. The Obama administration on Wednesday announced its opposition to an immigration bill by Rep. Lamar Smith (R-Texas) that is designed to boost the number of visas for foreign-born graduates with advanced technical degrees from U.S. universities, saying it fails to fulfill the President's long-term goal of achieving comprehensive immigration reform. The House is slated to vote on Smith's bill, the STEM Jobs Act, on Friday. The bill is expected to win backing from GOP members and pass the House, but likely won't see action in the Senate. In its statement of administration policy, the Obama administration said it "strongly supports" legislation aimed at keeping talented foreign-born graduates with advanced degrees in science, technology, engineering and math (STEM) disciplines from American universities in the U.S. as part of its push for immigration reform. The administration also voiced support for creating a startup visa that would allow foreign-born entrepreneurs to launch new businesses in the U.S., but said it would not back piecemeal immigration bills that do not address the broken immigration system. "The administration is deeply committed to building a 21st-century immigration system that meets the nation's economic and security needs through common-sense, comprehensive immigration reform," the statement of administration policy reads. "However, the administration does not support narrowly tailored proposals that do not meet the President's long-term objectives with respect to comprehensive immigration reform." Smith's bill was voted on under suspension of the rules this fall but failed to secure the two-thirds support needed to clear the House. House Democrats, along with members of the Congressional Hispanic Caucus and Congressional Black Caucus, have sounded alarm over the bill's proposal to eliminate the diversity visa program, which allocates visas to people from countries with low rates of immigration to the U.S. via a random selection process. Immigrants from African nations have generally come to the U.S. through the diversity visa program. Trade associations that represent tech companies such as Microsoft, Intel and Google have backed the bill. Passing high-skilled immigration reform legislation has long been a top policy issue for the industry. President Obama has signaled that he plans to make a push for immigration reform next year and the administration's statement on Wednesday echoed that sentiment. http://www.greencardapply.com/news/news12/news12_1130.htm "The administration is encouraged that the Congress appears to be ready to begin serious debate on the need to fix our broken immigration system and looks forward to working with both Democrats and Republicans to enact a common-sense approach that includes reforms to the legal immigration system," the administration said. "Such an approach must provide for attracting and retaining highly skilled immigrants and uniting Americans with their family members more quickly, as well as other important priorities such as establishing a pathway for undocumented individuals to earn their citizenship, holding employers accountable for breaking the law, and continuing efforts to strengthen the nation's robust enforcement system." Republicans have also been talking about this hot-button domestic issue after Obama won strong support from Latinos in November's election. http://www.greencardapply.com http://www.greencardfamily.com

Outstanding Professors and Researchers Green Card Application

The EB1-OR category was created for Outstanding Professors and Researchers in order to speed up the process for outstanding professors and researchers to become permanent residents. One of the requirements for EB1-OR is that the alien beneficiary receives a permanent job offer from the sponsoring employer. The USCIS has clarified the definition of “permanent employment” when considering EB1-OR petitions. According to current definitions, “permanent” is defined as “either tenured, tenure-track, or for an indefinite or unlimited duration, and in which the employee will ordinarily have an expectation of continued employment unless there is good cause for termination.” A major concern for many has been research positions that are based on grant money received yearly. This usually means that the researchers are employed on one-year contracts. The USCIS says that if the employer petitioning for the alien shows the intention to continue to get funding and gives a reasonable expectation that funding will continue, then the employment may be considered “permanent.” The USCIS has asked adjudicators to take into consideration the circumstance of the job and its benefits. If a research position has a term limit of one year, but evidence is provided that the job will be continued beyond that one year, then it can be considered a permanent job. This is good news for many petitioners who employee researchers or are researchers. In the past, researchers may have been reluctant to file an EB1-OR petition since the job was not permanent, but was instead determined by funding on a yearly basis. http://www.greencardapply.com/news/news12/news12_0805.htm Now, instead of having to file through a process such as EB2 National Interest Waiver (NIW), employers wishing to employee researchers may be able to file through EB1-OR, which in some cases has a shorter wait time than the NIW. This means that the employee can start working for his/her employer sooner. http://www.greencardapply.com http://www.greencardfamily.com

Travel Outside of the United States for F1 Students and J1 Exchange Visitors

U.S. Customs and Border Protection has created a helpful guide for students and exchange visitors who intend to travel outside of the United States. The arrival procedures outlined in this guide, which can be found on the CBP WebSite, can help minimize waiting times at the U.S. ports of entry (POEs), and reduce the need for the issuance of the Notice to Student or Exchange Visitor (I-515A). The I-515A is issued to students and exchange visitors attempting to enter the United States in F-1, M-1, and J-1 statuses when they forget the necessary travel paperwork or travel with unsigned or outdated travel documents. The form allows for lawful admission to the United States for a period of 30 days, during which time students must remit appropriate documentation. The failure to timely submit the required documentation may result in termination of the related Student and Exchange Visitor Information System (SEVIS) records. According to the CBP, careful planning by students and exchange visitors can ensure that delays at the POE are minimal and reduce the need for issuance of the I-515A. It therefore would be better for everyone involved - the student / exchange visitor, the school, and the U.S. government - for F-1, M-1, and J-1 foreign nationals to travel with appropriate documents, as described below. In addition, the CBP suggests that students in F-1, M-1, and J-1 status carry evidence of their student or exchange visitor status, such as recent tuition receipts, transcripts, and acceptance letters, as well as the name and contact information of the Designated School Official (DSO) or Responsible Officer (RO). It is also advisable that students and exchange visitors prepare their own affidavits, verifying the status of their travel documents. http://www.greencardapply.com/news/news12/news12_0909.htm Although these requirements are not new, many routinely forget to obtain proper documentation that would allow them to travel safely to the United States. While these individuals are fortunate that the I-515A procedure is in place, so that they may gain temporary admission to the United States, it would be best to avoid this process altogether. Those who are subject to these requirements should plan well in advance of travel to obtain proper documentation. In case of emergency, the documentation should be requested immediately all efforts should be made to have this in hand when seeking to reenter the United States. http://www.greencardapply.com http://www.greencardfamily.com

Requirement of “Permanent Employment” For EB1-OR Petitions

The "Good Cause for Termination" and the Requirement of “Permanent Employment” For EB1-OR Petitions The “good cause for termination” clause has been an important issue when adjudicating EB1-OR petitions. This clause is to be included in employment offers to ensure that the job is not “at will” employment. “At will” employment means that the employer can terminate an employee at any time with any or no cause at all. This clause was included to prevent this from happening and making sure employment was only terminated if there was a good cause for it. Some employers have not been including a “good cause for termination” clause in the employment offers, as it raises legal and business issues for them and may be impractical for them. Some adjudicators of EB1-OR petitions for researchers have determined the outcome of the petition simply on the basis if the employment offer included this clause. According to the USCIS’ memo, EB1-OR petitions should not be denied simply because the offer of employment is lacking a “good cause for termination” clause. However, it must be indicated that the employment offer is indefinite or unlimited in duration and that the employee will have an “expectation of continued employment.” http://www.greencardapply.com/news/news12/news12_0825.htm This may be beneficial to many of petitioners because petitions will not automatically be denied because this clause is missing, as long as the employment offer has an “expectation of continued employment.” Also, employers may be more willing to apply through EB1-OR if the “good cause for termination clause” does not have to be present. Applying through the EB1-OR petition may allow employees begin working sooner than applying through a different process, such as NIW. Furthermore, for tenured or tenure-track positions, a “good cause for termination” clause is not mandatory and petitions should not be denied on the lack of one. The adjudicators of the petition should evaluate the petition by determining the nature of the position – if it is tenured or tenure track position. Those positions in which the employee does not have expectation of long-term employment, such as temporary or adjunct positions and limited duration fellowships will not be considered tenured or tenured-track positions by the USCIS. http://www.greencardapply.com http://www.greencardfamily.com

The Quality of the Evidence Considered by USCIS for EB1-EA and EB1-OR Application

The Quality of the Evidence Considered by USCIS for EB1-EA and EB1-OR Application (美国移民局对EB1绿卡申请证据质量的要求) Question: As a newly hired Research Scientist, I am very interested to read the articles in your excellent web site about EB1-OR and EB1-EA applications, and the two-step analysis process used by USCIS adjudicators. To prepare the petition documents of my own, what is the quality of the evidence considered by USCIS? Answer: Petitioners of EB1, like petitioners in other immigrant categories, need to submit a petition letter and related evidence to support the claims in the petition letter to the USCIS. There is no specific format required. However, petitioners are suggested to follow attentively the requirements specified in law and the USCIS rules. An USCIS adjudicator for EB1-Extraordinary Ability case has to determine, in totality, whether the applicant is at the very top of his/her field of endeavor. In making this determination, the quality of the evidence is considered very important. For example, if one of the evidence submitted is judging others' work, an internal judging responsibility is less important than an external judging responsibility. If the evidence is scholarly articles, the number of citations of the material is an appropriate consideration in the final merits determination. The two-step analysis does not substantially deviate from the standard USCIS used to determine the merits of a petition. The quality of the evidence submitted is still essential for an adjudicator to decide on an application. http://www.greencardapply.com/question/question12/question12_1116.htm http://www.greencardapply.com http://www.greencardfamily.com

The Analysis of USCIS Request for Evidence and Notice of Intent to Deny Letters

分析美国移民局对绿卡申请证据的要求和拒绝意向通知信函 The Analysis of USCIS Request for Evidence and Notice of Intent to Deny Letters The processing of most immigration petitions is divided into three main areas. There is the initial acceptance, prima facie review, and the final processing. In this article I will briefly discuss these three main areas for processing and provide some tips on how best to respond to Immigration. The United States Citizenship and Immigration Services, (USCIS) usually sends an applicant a fee receipt after the receipt of an application and the appropriate fees. There have been rare cases when USCIS has failed to send out a fee receipt. Once USCIS receives an application this is the receipt process. It is important to know that at this point the USCIS has made no determination on the merits of an applicant’s application. http://www.greencardapply.com/news/news12/news12_1108.htm It is a common misconception that if USCIS accepts an application that the application will be approved. At the initial stage all applications are sent in bulk to the service center. The service center’s job is simply to verify that the applicant’s application is timely and that the requisite supporting documents and fees are included. This is the initial acceptance stage. At this stage it is very rare that an applicant’s application will be reviewed in detail to determine if the application will be approved or denied. The second stage is the prima facie review. Prima facie is Latin for “at first view.” It is used in modern legal English to signify that on first examination, a matter appears to be self-evident from the facts. At this stage USCIS’ personnel will review the application to ensure that the applicant has filed the correct application that is in keeping with the applicant’s goal. In addition, USCIS’ personnel will review the application to ensure that the applicant has met the basic requirements to establish eligibility to file the application. If the applicant has filed the incorrect application then USCIS will send a denial letter or a rejection notice. The third stage is the final processing stage. At this time the applicant’s file has been assigned to an adjudicating officer to review or an appointment has been scheduled to interview the applicant. It is usually at this stage that an applicant will receive USCIS’ request for evidence or a Notice of Intent to Deny letter. In either case an applicant must exercise caution in replying to USCIS’ request. At this stage the applicant has demonstrated prima facie eligibility but the USCIS’ officer is in need of additional documentation in order to make a final decision on the applicant’s application. In situations where additional documentation is needed, USCIS will issue a Request for Evidence to the Applicant. The Request for Evidence is usually very specific in its request and it is time sensitive. USCIS will usually impose a 30 day, 60 day or 87 day deadline depending on the applicant’s specific case. All responses to USCIS’ Request for Evidence should be detailed, timely and address all of USCIS’ requests as indicated in USCIS’ letter. USCIS must receive all responses on or before the imposed deadline. Consequently, depending on the deadline, an applicant may need to send his or her response to USCIS via express mail, certified mail with return receipt or courier delivery. Under no circumstances should an applicant send his/her request to USCIS via first class mail. If USCIS receives an applicant’s response after the deadline this is grounds for a denial. Likewise if USCIS receives an incomplete response this is also grounds for a denial. In the final stage of processing, USCIS may also send the applicant a Notice of Intent to Dent letter. At this stage USCIS has reviewed the applicant’s application and has made a determination that the applicant’s case will be denied unless the applicant can come forward with clear and convincing evidence that the applicant is actually eligible to receive an approval. In situation where USCIS has issued this letter it is simply not enough to provide USCIS with additional documents. At this juncture, in addition to providing additional documentation to USCIS, the applicant must provide documentation to overcome USCIS’ presumption that his/her case must be denied. In both instances with USCIS’ Request for Evidence and USCIS’ Notice of Intent to Deny, it is important to provide a timely and thorough response that addresses all the issues raised by USCIS. Finally, it is important to retain a complete copy of all documentation that is sent and received by USCIS. In cases where the facts are complicated and/or an applicant is not able to provide the requisite documents it is best to seek legal counsel. http://www.greencardapply.com/news/news12/news12_1116.htm http://www.greencardapply.com http://www.greencardfamily.com

The Family-Sponsored Immigration

家庭赞助的美国移民: 家庭关系和家庭成员 The Family-Sponsored Immigration Family-sponsored immigration is to become a U.S. permanent resident through certain family relations. Normally, a U.S. citizen or legal permanent resident would file an immigration petition with the United States Citizenship and Immigrations Services (USCIS). The U.S. citizen or legal permanent resident is called the sponsor. The alien relative for whom the immigration petition is filed is called the beneficiary. A U.S. citizen or legal permanent resident can be the sponsor of a family-sponsored immigration petition. However, the sponsor has to meet certain requirements and legal obligations. The sponsor has to submit a legally binding affidavit of support for the beneficiary to USCIS, in which the sponsor guarantees to maintain the standard of living of the intending immigrant at a level not lower than 125% of the national poverty level. This obligation continues until the beneficiary has become a U.S. citizen, or has worked in the United States for 40 qualifying quarters. http://www.greencardfamily.com/citizenspouse/ctspouse_whatis.htm Spouses of U.S. citizens are eligible for permanent resident status as "immediate relatives". The process of completing and submitting an immigrant visa application for relatives can be confusing. As a U.S. citizen, you can submit an immigrant application if you have a close family relation, and you can sponsor the following family members: Husband or wife; Widow or widower of a U.S. citizen; Brother or sister (including half-brothers and half-sisters); Son or daughter (including illegitimate children); Stepson or stepdaughter; Stepparent of a U.S. citizen child; Adopted son or daughter; Adopted parent; Father or mother; Battered or abused spouse or child. http://www.greencardapply.com http://www.greencardfamily.com

Three Ideal Options for a Green Card Application

美国绿卡申请的三个理想选择 Three Ideal Options for a Green Card Application Aliens of Extraordinary Ability may be eligible for a First Employment-Based Preference (EB1-EA or EB1A). A Green Card applicant with extraordinary ability in the arts, sciences, education, business or athletics is eligible for treatment as a priority worker in the EB1 immigration category. For alien applicants with an advanced degree - masters or above, there are three ideal options to apply for a U.S. Green Card. These options are in different immigration classifications in Employment-Based (EB) immigration, which include: EB-1A: Aliens with Extraordinary Ability in the Sciences, Arts, Education, Business or Athletics (or EB1-EA); EB-1B: Outstanding Researchers and Outstanding Professors (or EB1-OR); EB-2 NIW: Members of Professions Holding Advanced Degrees Applying for a Waiver of Labor Certification in National Interest (or NIW). Some people with advanced degree do not know how to apply for Green Card in above three preferred categories, but instead, these people apply for a Labor Certification. However, choosing Labor Certification is not the best strategy and quicker way for people who may qualify for one of the above three ideal immigration classifications. http://www.greencardapply.com/ea/ea_whatis.htm An alien should determine the most appropriate type and fast route to obtain a U.S. Green Card. By using the Form I-140 of USCIS (United States Citizenship and Immigration Services), each type of above EB Form I-140 petition requires different kind of evidence. Some aliens may qualify for more than one immigrant categories of EB1 or NIW. http://www.greencardapply.com http://www.greencardfamily.com

What Is a USCIS Request for Evidence

Whether you’re applying for a visa, a green card, asylum or an extension of stay, you may receive a Request for Evidence from US Citizenship and Immigration Services at some point during the application process. Hundreds of thousands of petitions are filed with USCIS every year, and receiving a Request for Evidence is common — just make sure you respond to it within the designated period of time. Nearly every USCIS application requires some kind of documentation — from personal documents and translations to photographs, bills and correspondence. This evidence is used to determine important factors in your immigration case, such as whether your marriage is real or fraudulent or whether you have enough money to support yourself and your family. If you do not send enough evidence, or if the documentation is incomplete or incorrect, you may receive a Request for Evidence from USCIS. Many people become concerned after receiving a Request for Evidence, but an RFE is not the same thing as a Notice of Intent to Deny from USCIS. A Request for Evidence simply means that you will need to submit additional paperwork, documents or translations. On the other hand, a Notice of Intent to Deny could mean that sufficient evidence was provided, but it may not be able to establish eligibility for the petition being sought. USCIS will almost always specify on the Request for Evidence form the additional documents that they would like to see to continue processing your application. If you are not in possession of all of the evidence USCIS is requesting, make sure to include as many other types of evidence as possible that would establish the eligibility of your case. Photocopies of personal documents, photographs and bills are acceptable. Clip together the evidence with the original Request for Evidence form and mail it to the address listed on the form. You can include a cover letter that lists your additional evidence, but make sure the Request for Evidence is the top sheet in your envelope. If you have documents or correspondence in another language that can be used to support your case, have them translated by a professional translator. USCIS has been known to send Requests for Evidence to those who chose to translate their documents themselves instead of obtaining a certified, notarized translation. The most important thing to do if you receive a Request for Evidence from USCIS is to respond within the given time frame. USCIS typically asks for a response within 30 days. Applicants who are not in the United States may be given 42 to 84 days to respond. Not replying on time may result in the denial of your application. Responding to a Request for Evidence from USCIS should be any US immigrant’s top priority. http://www.greencardfamily.com/news/news2012/news2012_1009.htm

The Immigration Related Programs Extension Alerts By USCIS

U.S. Citizenship and Immigration Services (USCIS) advises the public that Public Law 112-176, signed by the President on Sept. 28, 2012, extends the following USCIS programs until Sept. 30, 2015: E-Verify: E-Verify, an Internet-based system operated by USCIS in partnership with the Social Security Administration (SSA), allows participating employers to electronically verify the employment eligibility of their newly hired employees. More than 402,000 participating employers at nearly 1.2 million worksites nationwide currently use the program. Since Oct. 1, 2011, more than 20 million employment verification queries have been run through the system and approximately 98.3 percent of all queries are now automatically confirmed without any need for employee action. Immigrant Investor (EB-5) Pilot Program: Under the Immigrant Investor Pilot Program, USCIS will continue to receive, process, and adjudicate all Regional Center Proposals, Forms I-526, Immigrant Petition by Alien Entrepreneur, and Forms I-485, Application to Register Permanent Residence or Adjust Status, affiliated with Regional Centers relying on “indirect” job creation analysis. Currently, there are more than 70 regional centers throughout the United States. Religious Worker Visa: The special immigrant visa category for non-minister religious workers covers individuals within a religious vocation or occupation and also applies to accompanying or “following-to-join” spouses and children of these religious workers. USCIS will continue to receive and process Forms 1-360, Petition for Amerasian, Widow(er), or Special Immigrant, Forms I-485, Application to Register Permanent Residence or Adjust Status, and Forms I-824, Application for Action on an Approved Application or Petition, that relate to religious workers and their families covered by Public Law 112-176. Conrad 30: USCIS will continue to adjudicate immigration benefits covered by the Conrad 30 program. The Conrad 30 program allows each state health department to submit a request directly to the Department of State to initiate the waiver process for a foreign medical graduate who obtained J-1 status to change to another status without the required two-year foreign residence. The law previously required the foreign medical graduate to have acquired J-1 status before Sept. 30, 2012; the law now extends the program to cover J-1 admissions before Sept. 30, 2015. http://www.greencardfamily.com/news/news2012/news2012_1109.htm http://www.greencardapply.com http://www.greencardfamily.com

The Election Results and Direction of Immigration Reform

Next Congress and the White House will practically see no changes: The second term President Obama in the White House, the Democratic majority Senate in the upper chamber of the federal legislature, and the Republican majority House in the lower chamber of the legislature. http://www.greencardapply.com/news/news12/news12_1109.htm Unlike the first term, however, the President is likely to push very aggressively comprehensive immigration reform for two reasons: Firstly, this is a sort of mandate imposed on him in this election. Secondly, he will have nothing to lose from being aggressive because this is the last term he can run for the White House. What does this mean to the direction of immigration reform? Piecemeal immigration reforms, particularly employment-based immigration reform, are likely to face a steep uphill battle. Why? For the comprehensive immigration reform forces, piecemeal immigration reform legislation will weaken the chances for comprehensive immigration reform legislation. The results of this election have reinforced such dynamics. Advocates of employment-based piecemeal immigration reform should come to grips with the political reality and learn to work within the dynamics by realizing importance of negotiation and compromise rather than antagonizing other forces. http://www.greencardapply.com http://www.greencardfamily.com

President Obama Expects Immigration Reform 'Very Soon' After Inauguration

WASHINGTON — Presid

ent Obama expects to see a comprehensive immigration reform bill introduced in Congress “very soon” after his inauguration in late January, he said during a news conference Wednesday. “I am very confident we can get immigration reform done,” Obama said. Obama said that White House staff has already begun conversations with members of the Senate and the House on how to line up the votes to get an immigration bill to his desk for signing. “We need to seize the moment,” said Obama, adding that he is “already seeing signs” that some Republicans are willing to discuss the immigration issue. In the days after Obama was reelected with over 70% of the Latino vote, some top Republicans -- including House Speaker John A. Boehner (R-Ohio) and Sen. John McCain (R-Ariz.) -- signaled that they are open to drafting a comprehensive package of new immigration laws. Obama outlined what he would like to see included in an immigration reform package but did not answer a question about whether he would send a draft of the legislation to Congress to consider. Mitt Romney criticized Obama during the campaign for not sending an immigration reform bill to Congress during his first term despite a long-standing promise to make the issue a priority. Any package would have to continue strong border security measures, enact serious penalties for companies purposely hiring undocumented workers as well as create a pathway to legal status for those living in this country, he said. An avenue for legal status would have to require applicants to learn English and pay back taxes and a fine, he said. A bill would also have to protect young immigrations who were brought to the country illegally by their parents, Obama said. “Young people who came here through no fault of their own, they should not be under the cloud of deportation,” he said. The Obama administration launched a program in August that has awarded work permits to more than 20,000 young immigrants who came to the country as children. The initiative, called the Deferred Action for Childhood Arrivals program, is widely cited as an important motivating factor for convincing record numbers of Latino voters to come out in favor of Obama in election day. Obama said he was pleased to see voter turnout go up among Latinos in the presidential election. More political engagement from Hispanic voters is “good for the country,” Obama said. http://www.greencardapply.com/news/news12/news12_1117.htm

The Test of NYSDOT Third Prong for EB2-National Interest Waiver Petition

Question: I recently received a Request For Evidence for my NIW application, with the question of NYSDOT third prong of "whether a foreign national’s work benefits the national interest so much as to outweigh the competing interest in preserving the labor certification process." How could I understand and reply this request in my RFE response? Answer: The RFE process creates the opportunity for an alien applicant to emphasize evidence already in the record that the USCIS adjudicator may not have fully considered, to clear up misunderstandings, and to clarify issues and facts. The RFE also give an opportunity for alien applicants to provide additional evidence through the RFE process. The NYSDOT third prong of EB2-National Interest Waiver petition is difficult to satisfy in light of the USCIS bias toward the Labor Certification process. For this test, the alien applicant needs to prove that the alien’s work benefits the national interest so much as to outweigh the competing interest in preserving the labor certification process in that case. Undoubtedly this test would take into account many factors, most of which would be difficult to objectively measure or quantify. On the one hand, a researcher who develops a vaccine for HIV would probably outweigh the interest in preserving the job for a minimally qualified U.S. researcher who did not make this discovery. Here, strong testimonial letters are key to a successful RFE response. USCIS requires that a foreign national must present national benefits so great as to outweigh the national interest in preserving U.S. jobs for U.S. workers through the Labor Certification process. http://www.greencardapply.com/question/question12/question12_0919.htm http://www.greencardapply.com http://www.greencardfamily.com

The AAO's Culturally Unique Standard for P-3 Petitions

The AAO's Culturally Unique Standard for P-3 Petitions The United States provides many performance and teaching opportunities for musicians and other entertainers. The P-3 category is appropriate for artists and entertainers seeking to enter the U.S. for purposes related to culturally unique performances or presentations. The Administrative Appeals Office (AAO) recently handed down a critical interpretation of the term culturally unique in a case entitled Matter of Skirball Cultural Center. http://www.greencardapply.com/news/news12/news12_0816.htm Helpful to others seeking the P-3 category, this case interprets the concept of culturally unique more expansively, beyond purely traditional artistic forms from a particular country, region, or culture. Given the burgeoning levels of global migration through the decades, it is likely that the decision in this case will be applicable to other artists and performers who present unique and identifiable blends of cultures in their work. Background: Culturally Unique Requirement: The P-3 visa is available for artists or entertainers, whether individuals or groups, coming to the United States to perform, teach, or coach in a program that is considered culturally unique. The regulations further define this category to include unique or traditional ethnic, folk, cultural, musical, theatrical, or artistic performances or presentations. As explained below, the argument in the Matter of Skirball Cultural Center centered on whether a form of music, which was the blend of several cultures, could qualify as culturally unique. Blending of Cultures Creates New, Unique Culture: The USCIS initially denied a P-3 petition because the musical group being sponsored intended to perform music that was "klezmer (Jewish music of Eastern Europe) with Latin and South American influences." The seven sponsored musicians were Jewish musicians from Argentina. Their musical influences came from their Jewish and Eastern European cultural heritage, as well as from their home in Argentina. The P visa petitioner provided the USCIS with evidence to show that this musical group was culturally unique. However, the USCIS denied the petition, reasoning that the type of music performed by the group was a mixture of different musical traditions, from different parts of the world - Eastern Europe and Latin and South America. The music, therefore, did not qualify as culturally unique, because this style was not specific to one place or one culture. The AAO disagreed with the position of the USCIS, and concluded that a mixture of different traditions, practices or styles could be combined to create something new. The law also allows for this new style to be something that is culturally unique to a "group of persons." The AAO explains that, in this case, the group of persons is South Americans born to Eastern European immigrants with a distinct Jewish Argentine culture and identity. Immigration Pattern Reflected in Decision: While this case is limited to the P-3 category, it speaks to us of the greater impact immigration patterns have upon culture. Immigrants bring parts of their unique cultural influences with them to their adopted countries, and the culture of their new homes is incorporated into their lives. This blend of multiple, often very distinct cultures can create a new, identifiable culture. This is evident in art, in food, and in identifiable forms of music. http://www.greencardapply.com http://www.greencardfamily.com

The "Good Cause for Termination" and the Requirement of “Permanent Employment” For EB1-OR Petitions

The "Good Cause for Termination" and the Requirement of “Permanent Employment” For EB1-OR Petitions The “good cause for termination” clause has been an important issue when adjudicating EB1-OR petitions. This clause is to be included in employment offers to ensure that the job is not “at will” employment. “At will” employment means that the employer can terminate an employee at any time with any or no cause at all. This clause was included to prevent this from happening and making sure employment was only terminated if there was a good cause for it. http://www.greencardapply.com/news/news12/news12_0825.htm Some employers have not been including a “good cause for termination” clause in the employment offers, as it raises legal and business issues for them and may be impractical for them. Some adjudicators of EB1-OR petitions for researchers have determined the outcome of the petition simply on the basis if the employment offer included this clause. According to the USCIS’ memo, EB1-OR petitions should not be denied simply because the offer of employment is lacking a “good cause for termination” clause. However, it must be indicated that the employment offer is indefinite or unlimited in duration and that the employee will have an “expectation of continued employment.” This may be beneficial to many of petitioners because petitions will not automatically be denied because this clause is missing, as long as the employment offer has an “expectation of continued employment.” Also, employers may be more willing to apply through EB1-OR if the “good cause for termination clause” does not have to be present. Applying through the EB1-OR petition may allow employees begin working sooner than applying through a different process, such as NIW. Furthermore, for tenured or tenure-track positions, a “good cause for termination” clause is not mandatory and petitions should not be denied on the lack of one. The adjudicators of the petition should evaluate the petition by determining the nature of the position – if it is tenured or tenure track position. Those positions in which the employee does not have expectation of long-term employment, such as temporary or adjunct positions and limited duration fellowships will not be considered tenured or tenured-track positions by the USCIS. http://www.greencardapply.com http://www.greencardfamily.com

Helpful Guide for Students and Exchange Visitors Who Intend to Travel Outside of the United States

Helpful Guide for Students and Exchange Visitors Who Intend to Travel Outside of the United States U.S. Customs and Border Protection has created a helpful guide for students and exchange visitors who intend to travel outside of the United States. The arrival procedures outlined in this guide, which can be found on the CBP WebSite, can help minimize waiting times at the U.S. ports of entry (POEs), and reduce the need for the issuance of the Notice to Student or Exchange Visitor (I-515A). http://www.greencardapply.com/news/news12/news12_0909.htm The I-515A is issued to students and exchange visitors attempting to enter the United States in F-1, M-1, and J-1 statuses when they forget the necessary travel paperwork or travel with unsigned or outdated travel documents. The form allows for lawful admission to the United States for a period of 30 days, during which time students must remit appropriate documentation. The failure to timely submit the required documentation may result in termination of the related Student and Exchange Visitor Information System (SEVIS) records. According to the CBP, careful planning by students and exchange visitors can ensure that delays at the POE are minimal and reduce the need for issuance of the I-515A. It therefore would be better for everyone involved - the student / exchange visitor, the school, and the U.S. government - for F-1, M-1, and J-1 foreign nationals to travel with appropriate documents, as described below. In addition, the CBP suggests that students in F-1, M-1, and J-1 status carry evidence of their student or exchange visitor status, such as recent tuition receipts, transcripts, and acceptance letters, as well as the name and contact information of the Designated School Official (DSO) or Responsible Officer (RO). It is also advisable that students and exchange visitors prepare their own affidavits, verifying the status of their travel documents. Although these requirements are not new, many routinely forget to obtain proper documentation that would allow them to travel safely to the United States. While these individuals are fortunate that the I-515A procedure is in place, so that they may gain temporary admission to the United States, it would be best to avoid this process altogether. Those who are subject to these requirements should plan well in advance of travel to obtain proper documentation. In case of emergency, the documentation should be requested immediately all efforts should be made to have this in hand when seeking to reenter the United States. http://www.greencardapply.com http://www.greencardfamily.com

How to Respond to USCIS Request for Evidence

What Is a USCIS Request for Evidence, and How to Respond to a Request for Evidence Whether you’re applying for a visa, a green card, asylum or an extension of stay, you may receive a Request for Evidence from US Citizenship and Immigration Services at some point during the application process. http://www.greencardapply.com/news/news12/news12_0919.htm Hundreds of thousands of petitions are filed with USCIS every year, and receiving a Request for Evidence is common — just make sure you respond to it within the designated period of time. Nearly every USCIS application requires some kind of documentation — from personal documents and translations to photographs, bills and correspondence. This evidence is used to determine important factors in your immigration case, such as whether your marriage is real or fraudulent or whether you have enough money to support yourself and your family. If you do not send enough evidence, or if the documentation is incomplete or incorrect, you may receive a Request for Evidence from USCIS. Many people become concerned after receiving a Request for Evidence, but an RFE is not the same thing as a Notice of Intent to Deny from USCIS. A Request for Evidence simply means that you will need to submit additional paperwork, documents or translations. On the other hand, a Notice of Intent to Deny could mean that sufficient evidence was provided, but it may not be able to establish eligibility for the petition being sought. USCIS will almost always specify on the Request for Evidence form the additional documents that they would like to see to continue processing your application. If you are not in possession of all of the evidence USCIS is requesting, make sure to include as many other types of evidence as possible that would establish the eligibility of your case. Photocopies of personal documents, photographs and bills are acceptable. Clip together the evidence with the original Request for Evidence form and mail it to the address listed on the form. You can include a cover letter that lists your additional evidence, but make sure the Request for Evidence is the top sheet in your envelope. If you have documents or correspondence in another language that can be used to support your case, have them translated by a professional translator. USCIS has been known to send Requests for Evidence to those who chose to translate their documents themselves instead of obtaining a certified, notarized translation. The most important thing to do if you receive a Request for Evidence from USCIS is to respond within the given time frame. USCIS typically asks for a response within 30 days. Applicants who are not in the United States may be given 42 to 84 days to respond. Not replying on time may result in the denial of your application. Responding to a Request for Evidence from USCIS should be any US immigrant’s top priority. http://www.greencardapply.com http://www.greencardfamily.com

Obtaining Green Card through Marriage to a U.S. Citizen

Obtaining Green Card through Marriage to a U.S. Citizen A lawful permanent resident is a foreign national who has been granted the privilege of permanently living and working in the United States. If a foreign spouse wants to become a lawful permanent resident based on the fact that he or she married a citizen of the United States, the USCIS will approve an immigrant visa petition, Form I-130 - Petition for Alien Relative. This petition is filed by the U.S. citizen spouse and must be accompanied by proof of the marriage relationship. http://www.greencardfamily.com/citizenspouse.htm When a foreign national marries a U.S. citizen, he or she is considered as an immediate relative of the U.S. citizen. The foreign spouse in the U.S. can file an immigrant application for permanent residence simultaneously with USCIS once the marriage has taken place. The applicant will be required to demonstrate to USCIS that the marriage was entered into good faith and not solely for the purpose of securing immigration benefits for the foreign national. If a U.S. citizen marries an alien abroad, an I-130 petition must be filed after the marriage to begin the immigration process for the alien spouse (husband or wife). This can be filed with the U.S. Citizenship and Immigration Services in the United States. http://www.greencardapply.com http://www.greencardfamily.com

The Family-Sponsored Immigration

The Family-Sponsored Immigration Family-sponsored immigration is to become a U.S. permanent resident through certain family relations. Normally, a U.S. citizen or legal permanent resident would file an immigration petition with the United States Citizenship and Immigrations Services (USCIS). The U.S. citizen or legal permanent resident is called the sponsor. The alien relative for whom the immigration petition is filed is called the beneficiary. http://www.greencardfamily.com/citizenspouse.htm A U.S. citizen or legal permanent resident can be the sponsor of a family-sponsored immigration petition. However, the sponsor has to meet certain requirements and legal obligations. The sponsor has to submit a legally binding affidavit of support for the beneficiary to USCIS, in which the sponsor guarantees to maintain the standard of living of the intending immigrant at a level not lower than 125% of the national poverty level. This obligation continues until the beneficiary has become a U.S. citizen, or has worked in the United States for 40 qualifying quarters. Spouses of U.S. citizens are eligible for permanent resident status as "immediate relatives". The process of completing and submitting an immigrant visa application for relatives can be confusing. As a U.S. citizen, you can submit an immigrant application if you have a close family relation, and you can sponsor the following family members: Husband or wife; Widow or widower of a U.S. citizen; Brother or sister (including half-brothers and half-sisters); Son or daughter (including illegitimate children); Stepson or stepdaughter; Stepparent of a U.S. citizen child; Adopted son or daughter; Adopted parent; Father or mother; Battered or abused spouse or child. http://www.greencardapply.com http://www.greencardfamily.com

The EB1 Immigration Categories and the Persons of Extraordinary Ability

The EB1 Immigration Categories and the Persons of Extraordinary Ability EB1 has three separate subcategories of case types that can enjoy this classification. The unifying element is that none of these cases requires a labor certification. Each starts at the I-140 petition stage. The categories are: Persons of Extraordinary Ability (EB1A); Outstanding Professors and Researchers (EB1B); and Multinational Executives and Managers (EB1C). There are no other types of EB1 cases. A labor certification-based EB2 or EB3 cannot simply be switched over to EB1 when an individual has more work experience, etc. http://www.greencardapply.com/news/news12/news12_0725.htm The EB1 - Extraordinary Ability category is intended for the small percentage of individuals who have risen to the very top of their respective fields of endeavor, and can be based on self-sponsorship. That is, the foreign national does not need an employer as the sponsor. The person of "extraordinary ability," however, must seek to enter and/or remain in the United States to continue to work in his or her area of prospective benefit to the U.S. The extraordinary ability can be in the sciences, arts, education, business, or athletics. This ability must be demonstrated by sustained national or international acclaim. There must be extensive documentation of the recognized achievements in the field. The required evidence of sustained national or international acclaim can include evidence of a one-time achievement, such as a major international award. The typical example of this is a Nobel Prize. For those who have not received such accolades, it is necessary to show documentation of three categories of evidence out of a list of ten. The categories of evidence are: 1. documentation of receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor 2. documentation of membership to associations in the field for which the classification is sought, which require outstanding achievements of their members as judged by recognized national or international experts in their disciplines or fields 3. evidence of the candidate's participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specification for which classification is sought 4. published material about the individual in professional or major trade publications or other major media, relating to the foreign national's work in the field for which classification is sought 5. evidence of the foreign national's authorship of scholarly articles in the field, in professional or major trade publications or other major media 6. evidence of the foreign national's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field 7. evidence of the display of the foreign national's work in the field of artistic exhibitions or showcases 8. evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disc, or video sales. 9. evidence that the foreign national has commanded a high salary or other significantly high remuneration for services, in relation to others in the field 10. evidence that the foreign national has performed in a leading or critical role for organizations that have a distinguished reputation. http://www.greencardapply.com http://www.greencardfamily.com

The EB1 Multinational Manager or Executive Green Card Application

The EB1 Multinational Manager or Executive Green Card Application The EB-1 Multinational Manager or Executive Green Card is an immigration category that will permit a foreign worker to live and work in the United States on a permanent basis. Once the green card is issued, the worker is free to do what he or she likes and may discontinue working for the employer/sponsor. To qualify for the EB-1 Multinational Manager or Executive Green Card, an applicant must prove all of the following: 1) There must be a U.S. company or organization that is active and conducts regular and systematic operations It is called the “U.S. Employer.” A U.S. company or organization must be established for at least one year and must be active. Its operations must occur on a regular, ongoing basis. Applicants must provide evidence of activity, such as the business registration, lease or deed for business premises, occupational license, photographs of the business premises and operations, proof that the business has employees (such payroll tax records), advertising, receipts for business expenses, invoices, contracts, and recent financial information (such as balance sheets, financial statements, company income tax return, and recent bank statements for the company). 2) There must be a company or organization located outside of the U.S. that is active and conducts regular and systematic operations It is called the “Foreign Employer.” The applicant must provide evidence that a company or organization located outside the U.S. is currently active and conducts business on a regular, ongoing basis. This foreign company or organization must continue to be active for the duration of the applicant’s EB-1 application. Once the green card is approved, it does not matter if the Foreign Employer is no longer active. 3) The U.S. Employer and the Foreign Employer must be related entities To be “related entities,” the U.S. Employer and the Foreign Employer must be affiliates OR one should be the subsidiary of the other. To qualify as affiliates, the same individual or groups of individuals must own a controlling interest (at least 50%) in both the U.S. Employer and the Foreign Employer. To qualify as a subsidiary, the Foreign Employer must own the U.S. Employer or vice versa. Evidence must be provided to show who owns the U.S. Employer and the Foreign Employer, such as U.S. and foreign company income tax returns and stock certificates. http://www.greencardapply.com/news/news12/news12_0702.htm For example, if Sam owns 100% of an active company in the U.K., and recently purchased 50% of an active business in the U.S., then he owns a controlling interest in both companies. The companies are affiliates, meaning they are related and will qualify for an L-1 Visa. The U.S. Employer and the Foreign Employer do not have to engage in the same line of business, though it helps the application if there is some logical connection between the two entities. http://www.greencardapply.com http://www.greencardfamily.com

The Requirement of “Permanent Employment” for EB1 Outstanding Professors and Researchers Petitions

The Requirement of “Permanent Employment” for EB1 Outstanding Professors and Researchers Petitions The EB1-OR category was created for Outstanding Professors and Researchers in order to speed up the process for outstanding professors and researchers to become permanent residents. One of the requirements for EB1-OR is that the alien beneficiary receives a permanent job offer from the sponsoring employer. The USCIS has clarified the definition of “permanent employment” when considering EB1-OR petitions. http://www.greencardapply.com/news/news12/news12_0805.htm According to current definitions, “permanent” is defined as “either tenured, tenure-track, or for an indefinite or unlimited duration, and in which the employee will ordinarily have an expectation of continued employment unless there is good cause for termination.” A major concern for many has been research positions that are based on grant money received yearly. This usually means that the researchers are employed on one-year contracts. The USCIS says that if the employer petitioning for the alien shows the intention to continue to get funding and gives a reasonable expectation that funding will continue, then the employment may be considered “permanent.” The USCIS has asked adjudicators to take into consideration the circumstance of the job and its benefits. If a research position has a term limit of one year, but evidence is provided that the job will be continued beyond that one year, then it can be considered a permanent job. This is good news for many petitioners who employee researchers or are researchers. In the past, researchers may have been reluctant to file an EB1-OR petition since the job was not permanent, but was instead determined by funding on a yearly basis. Now, instead of having to file through a process such as EB2 National Interest Waiver (NIW), employers wishing to employee researchers may be able to file through EB1-OR, which in some cases has a shorter wait time than the NIW. This means that the employee can start working for his/her employer sooner. http://www.greencardapply.com http://www.greencardfamily.com

Indian and Chinese EB-2 Visa Cut-Off Dates

The State Department reportedly notified the USCIS that as of April 11, 2012, it had exhausted Indian/Chinese EB-2 visa numbers for FY 2012 and would not authorize such EB-2 visas to the USCIS. This raises a question for the State Department as to what cut-off dates they will publish for the next several months for Indian and Chinese EB-2 category. If they publish that India/China EB-2 is "Unavailable," the USCIS will not be able to receive any new EB-485 applications no matter how earlier priority dates the Indians and Chinese EB-2 cases have, not to mention their inability to adjudicate and approve pending cases. On the other hand, should they decide any specific cut-off dates for these categories, there arises a legal question as to whether the USCIS can refuse approval of the pending EB-485 applications or new EB-485 applications with earlier priority dates. The situation for May 2012 Visa Bulletin was different in that at the time the May 2012 Visa Bulletin was published, it had no information that the Indian/Chinese EB-2 annual visa allocations have been exhausted. Ideally, after the State Department learned that the visa number had been exhausted, they could have published revised visa bulleting for May 2012, which they opted not to. These two departments learned a valuable lesson from a political and legal disaster during the FY 2007 Visa Bulletin fiasco period. Additionally, the issue involves a more practical stake involved for the USCIS. Hypothetically, should the State Department set a cut-off date for the Indian/Chinese EB-2, the USCIS will be required to continuously receive EB-485 applications from Indian and Chinese professional workers with a priority date earlier than the cut-off date, albeit inability of the USCIS to approve any such pending EB-485 applications regardless of how far back of priority dates one has. This situation will keep the USCIS busy with continuing in-flow of fee funds to support the agency financially without any financial crisis. Imagine what happens if the State Department set the EB-2 visa numbers "Unavailable" for four months! During the four months, they will not be able to receive any new Indian/Chinese EB-2 I-485 applications!? Imagine its impact on the USCIS finance and idle resources!? Very curious of what has been cooked behind the spotlight on this matter between the State Department and the USCIS for the upcoming Visa Bulletins. http://www.greencardapply.com/news/news12/news12_0508.htm www.greencardfamily.com www.greencardapply.com

Employers Face Increasing Audits and Supervisory Recruitment in PERM

The Office of Foreign Labor Certification reported in the recent stakeholder meeting that the audits and supervised recruitment would increase. At the time of report, approximately 30% cases faced either audit and supervised recruitment. In a number of cases, after receiving the responses to the audits, the agency has turned the cases into a supervised recruitment track in a number of cases. This trend has resulted in a tremendous delay in PERM processing times and potential denials for the employers that have been picked for such audits and supervised recruitment. Strikingly, such cases have been denied after wasting a tremendous time and expenses for certain incredibly unbelievable "minor" "trivial" "technical" matters. For instances, there have been a number of reports that after the audit or supervised recruitment, the agency denied the application for the reason that in the job bank job order, employer checked the box of driver license requirement or drug testing requirement, travel requirement, etc. pursuant to the job bank formats when those requirements had not been printed in the advertisements. Another large number of denials have been produced for failure to justify why the unqualified U.S. workers were not offered an on-the-job-training when arguably such on-the-job-training would make such unqualified workers qualified for the job. Another traps included missing of information among the recruitment record in a minor matter or the employer failed to contact the applicants and failed to preserve evidence. Employers are strongly advised to pay attention to the details and good record-keeping to survive in the new permanent labor certification environment and not to experience waste of money and time and denials. http://www.greencardapply.com/news/news12/news12_0509.htm www.greencardfamily.com www.greencardapply.com

The Recent I-485 Application Trends and Tracking

In the past few months, it has been possible for many foreign nationals to advance to the final stage in the permanent residence (green card) process. The U.S. Department of State (DOS) Visa Bulletin has shown employment-based, second preference (EB2) cutoff dates for India and China to be moving forward significantly since November 2011. This development has created much excitement, with numerous applicants seeking insight into case processing trends and timeframes. There is currently a very clear trend toward rapid I-485 case processing. This begins with the issuance of receipt notices almost immediately upon filing, and the fingerprinting notices follow early in the process. EAD and AP approvals typically are received well in advance of the 90 days the U.S. Citizenship and Immigration Services (USCIS) is allowed for processing these benefits. While it would be unwise to make plans that rely on receiving the EAD and/or AP rapidly, at this time, they are often in hand within 60 days of filing, and sometimes even earlier. Finally, the much anticipated I-485 approval notices are arriving daily. While total processing time varies from filing to approval, it often takes less than five months. Individuals should not become overly concerned if they see others who have cases moving a bit more quickly. Cases are neither all processed in a completely uniform manner, nor at the same pace. There are differences from one USCIS service center to another, as well as numerous other factors that contribute to variation in the time each case takes to process. The USCIS is doing a remarkable job, quickly moving through each step in the I-485 case process. This is particularly noteworthy, given the volume of I-485 cases now eligible for filing and adjudication due to the movement of the cutoff dates. This is good news for those who have been able to file in the past few months. http://www.greencardapply.com/news/news12/news12_0507.htm www.greencardfamily.com www.greencardapply.com

Can I Transfer My Priority Date from the Labor Certification Case to NIW?

Question: I have an approved EB3 Labor Certification based Form I-140 application from my employer, with a priority date of last year September. Due to the immigration visa number retrogression in my home country, I can not apply for the status adjustment for U.S. Permanent Resident of I-485 form. Since I have a PhD degree, if I apply for EB2 National Interest Waiver Immigration category now, can I transfer my earlier priority date from the Labor Certification case to the later case filed in EB2 National Interest Waiver Immigration category? -------------------------------------------------------------------------------- Answer: Yes, an individual with an earlier priority date established through an approved I-140 petition in one employment-based category may transfer that earlier priority date for a later case filed in a different employment-based category. This can be a benefit for you when the retention of the earlier priority date is permitted for a later filed EB2 National Interest Waiver case. Please also note that this procedure does not work if the initial I-140 petition has been revoked by your employer, or by USCIS due to fraud, or for use in a labor substitution case. http://www.greencardapply.com/question/question12/question12_0509.htm www.greencardfamily.com www.greencardapply.com