tizen. What is the difference between marrying a U.S. Citizen in my home country or in the U.S.? How long will we be apart to get Green Card?
Answer:
If you marry a U.S. citizen in the United States, you may face a longer waiting time to get Green Card, but you will be able to stay together while you wait.
If you chose to immigrate from outside the United States after your marriage abroad to a U.S. Citizen, the waiting time to get Green Card is shorter, ranging anywhere from a few months to a year. But you will be separated except for when your U.S. spouse can visit you abroad.
http://www.greencardapply.com
http://www.greencardfamily.com
Sunday, May 12, 2013
The Difference between Marrying a U.S. Citizen in my Home Country or in the U.S.
http://www.greencardfamily.com/question/question2013/question2013_0505.htm
The Difference between Marrying a U.S. Citizen in my Home Country or in the U.S.
Question:
I am an B-1 visa visitor. I am planning to marry a U.S. Ci
tizen. What is the difference between marrying a U.S. Citizen in my home country or in the U.S.? How long will we be apart to get Green Card?
Answer:
If you marry a U.S. citizen in the United States, you may face a longer waiting time to get Green Card, but you will be able to stay together while you wait.
If you chose to immigrate from outside the United States after your marriage abroad to a U.S. Citizen, the waiting time to get Green Card is shorter, ranging anywhere from a few months to a year. But you will be separated except for when your U.S. spouse can visit you abroad.
http://www.greencardapply.com
http://www.greencardfamily.com
tizen. What is the difference between marrying a U.S. Citizen in my home country or in the U.S.? How long will we be apart to get Green Card?
Answer:
If you marry a U.S. citizen in the United States, you may face a longer waiting time to get Green Card, but you will be able to stay together while you wait.
If you chose to immigrate from outside the United States after your marriage abroad to a U.S. Citizen, the waiting time to get Green Card is shorter, ranging anywhere from a few months to a year. But you will be separated except for when your U.S. spouse can visit you abroad.
http://www.greencardapply.com
http://www.greencardfamily.com
How to File Provisional Unlawful Presence Waiver?
Q: Why did DHS create the Provisional Unlawful Presence Waiver?
A: Currently certain immediate relatives must travel abroad to obtain an immigrant visa from the Department of State (DOS) before they can return to the United State
s and be admitted as lawful permanent residents. In many cases, these immediate relatives also must request a waiver of inadmissibility of their unlawful presence in the United States. As a result, these immediate relatives must remain outside of the United States, separated from their U.S. citizen spouses, parents, or children, while U.S. Citizenship and Immigration Services (USCIS) adjudicates their waiver applications. In some cases, waiver application processing can be lengthy, prolonging the separation of these immediate relatives from their U.S. citizen spouses, parents, and children.
USCIS anticipates that this new provisional unlawful presence waiver process will significantly reduce the time that U.S. citizens are separated from their immediate relatives. USCIS approval of a provisional unlawful presence waiver prior to departure also will allow the DOS consular officer to issue an immigrant visa without delay, as long as there are no other grounds of inadmissibility and the immediate relative is otherwise eligible for an immigrant visa. Individuals who may be inadmissible on any other grounds of inadmissibility are not eligible for the provisional unlawful presence waiver process.
Q: How do I apply for the provisional unlawful presence waiver?
A: To apply for a provisional unlawful presence waiver you must file a Form I-601A, Application for Provisional Unlawful Presence Waiver. Make sure your application is complete, signed, and submitted with the correct application and biometric fees. Follow the I-601A application instructions and check the USCIS web site at www.uscis.gov/forms for any updates to the instructions or required fees. You should notify the Department of State of your intention to file a provisional unlawful presence waiver. See the DOS website at www.state.gov for more information on how to notify DOS.
Q: How do I apply for the provisional unlawful presence waiver if I am in removal proceedings?
A: Only certain individuals in removal proceedings are eligible to apply for a provisional unlawful presence waiver. Individuals who re immediate relatives of U.S. citizens may apply for a provisional unlawful presence waiver while in removal proceedings, if the removal proceedings:
Are administratively closed; and
Have not been re-calendared as of the date of filing the I-601A.
You still must meet all the requirements for the provisional unlawful presence waiver, including the requirement that you have an immigrant visa case pending with DOS and have already paid the immigrant visa processing fee. Like individuals who are not in removal proceedings, you should also notify DOS of your intention to file a provisional unlawful presence waiver.
Although you are in removal proceedings, the application for a provisional unlawful presence waiver is filed with USCIS. You should inform the Immigration Judge and the local U.S. Immigration and Customs Enforcement (ICE) counsel that you have applied for a provisional unlawful presence waiver. Promptly notifying the immigration court and ICE counsel will help with the process to have the removal proceedings terminated or dismissed before you depart for your immigrant visa interview.
Your removal proceedings should be terminated or dismissed before you depart the United States to avoid delays in your immigrant visa processing and to avoid the risk that you may be found inadmissible on other grounds.
Q: Will I have to be fingerprinted or appear for an interview as part of the provisional unlawful presence waiver process?
A: All provisional unlawful presence waiver applicants will be required to appear at a USCIS Application Support Center (ASC) for biometrics collection. Generally, USCIS will not require provisional unlawful presence waiver applicants to appear for an interview but may schedule an interview for an applicant if the facts in a particular case warrant further inquiry and review.
http://www.greencardapply.com
http://www.greencardfamily.com
http://www.greencardfamily.com/news/news2013/news2013_0305.htm
s and be admitted as lawful permanent residents. In many cases, these immediate relatives also must request a waiver of inadmissibility of their unlawful presence in the United States. As a result, these immediate relatives must remain outside of the United States, separated from their U.S. citizen spouses, parents, or children, while U.S. Citizenship and Immigration Services (USCIS) adjudicates their waiver applications. In some cases, waiver application processing can be lengthy, prolonging the separation of these immediate relatives from their U.S. citizen spouses, parents, and children.
USCIS anticipates that this new provisional unlawful presence waiver process will significantly reduce the time that U.S. citizens are separated from their immediate relatives. USCIS approval of a provisional unlawful presence waiver prior to departure also will allow the DOS consular officer to issue an immigrant visa without delay, as long as there are no other grounds of inadmissibility and the immediate relative is otherwise eligible for an immigrant visa. Individuals who may be inadmissible on any other grounds of inadmissibility are not eligible for the provisional unlawful presence waiver process.
Q: How do I apply for the provisional unlawful presence waiver?
A: To apply for a provisional unlawful presence waiver you must file a Form I-601A, Application for Provisional Unlawful Presence Waiver. Make sure your application is complete, signed, and submitted with the correct application and biometric fees. Follow the I-601A application instructions and check the USCIS web site at www.uscis.gov/forms for any updates to the instructions or required fees. You should notify the Department of State of your intention to file a provisional unlawful presence waiver. See the DOS website at www.state.gov for more information on how to notify DOS.
Q: How do I apply for the provisional unlawful presence waiver if I am in removal proceedings?
A: Only certain individuals in removal proceedings are eligible to apply for a provisional unlawful presence waiver. Individuals who re immediate relatives of U.S. citizens may apply for a provisional unlawful presence waiver while in removal proceedings, if the removal proceedings:
Are administratively closed; and
Have not been re-calendared as of the date of filing the I-601A.
You still must meet all the requirements for the provisional unlawful presence waiver, including the requirement that you have an immigrant visa case pending with DOS and have already paid the immigrant visa processing fee. Like individuals who are not in removal proceedings, you should also notify DOS of your intention to file a provisional unlawful presence waiver.
Although you are in removal proceedings, the application for a provisional unlawful presence waiver is filed with USCIS. You should inform the Immigration Judge and the local U.S. Immigration and Customs Enforcement (ICE) counsel that you have applied for a provisional unlawful presence waiver. Promptly notifying the immigration court and ICE counsel will help with the process to have the removal proceedings terminated or dismissed before you depart for your immigrant visa interview.
Your removal proceedings should be terminated or dismissed before you depart the United States to avoid delays in your immigrant visa processing and to avoid the risk that you may be found inadmissible on other grounds.
Q: Will I have to be fingerprinted or appear for an interview as part of the provisional unlawful presence waiver process?
A: All provisional unlawful presence waiver applicants will be required to appear at a USCIS Application Support Center (ASC) for biometrics collection. Generally, USCIS will not require provisional unlawful presence waiver applicants to appear for an interview but may schedule an interview for an applicant if the facts in a particular case warrant further inquiry and review.
http://www.greencardapply.com
http://www.greencardfamily.com
http://www.greencardfamily.com/news/news2013/news2013_0305.htm
Students Who Travel outside U.S. beyond 5 Months
Question:
I am an international student in a U.S. college with F-1 visa. Due to a family reason, I want to take about half year break from my current study in U.S. to go back my home country. Can I come back to U.S. to continue my education with the F-1 visa?
Answer:
Your F-1 visa may be automatically cancelled when you are not enrolled and spend more than five months abroad. Under this circumstance, your F-1 visa is not lawful because a F-1 visa is only valid for continuing student.
After five months, your are no longer considered a continuing student. Therefore, even if the visa stamp in the passport has not expired, it is invalid and, if presented at the port of entry, the officer can cancel it and deny your admission. But if the break is less than five months, you can return on the unexpired F-1 with a valid I-20 form endorsed by the school.
http://www.greencardapply.com/question/question13/question13_0414.htm
http://www.greencardapply.com
http://www.greencardfamily.com
Labor and Business Reach Deal on Immigration Issue
Labor and Business Reach Deal on Immigration Issue
http://www.greencardapply.com/news/news13/news13_0403.htm
The nation’s top business and labor groups have reached an agreement on a guest worker program for low-skilled immigrants, a person with knowledge of the negotiations said on Saturday. The deal clears the path for broad immigration legislation to be introduced when Congress returns from its two-week recess in mid-April.
Senator Charles E. Schumer, Democrat of New York, convened a conference call on Friday night with Thomas J. Donohue, the president of the U.S. Chamber of Commerce, and Richard L. Trumka, the president of the AFLCIO, the nation’s main federation of labor unions, in which they agreed in principle on a guest worker program for low-skilled, year-round temporary workers. Mr. Schumer is one of eight senators from both parties who have been negotiating an overhaul of the nation’s immigration laws.
Pay for guest workers was the last major sticking point on a broad immigration package, and one that had stalled the eight senators just before the break. The eight senators still need to sign off on the agreement between the business and labor groups, the person with knowledge of the talks said.
“This issue has always been the deal breaker on immigration reform, but not this time,” Mr. Schumer said. The accord between the influential business and labor groups all but assured that the bipartisan group of senators would introduce their broad immigration legislation in the next few weeks. Their bill, which they have been meeting about several times a week since the November election, would provide a path to citizenship for the 11 million illegal immigrants already in the country. It would also take steps to secure the nation’s borders.
A similar bipartisan group in the House has been meeting on and off for nearly four years, and hopes to unveil its own immigration legislation shortly.
The agreement resolved what the pay level should be for low-skilled immigrants — often employed at hotels and restaurants or on construction projects — who could be brought in during labor shortages. Labor groups wanted to ensure that guest workers would not be paid less than the median wage in their respective industries, and the two sides compromised by agreeing that guest workers would be paid the higher of the prevailing industry wage as determined by the Labor Department or the actual employer wage.
Under the deal, guest workers would be allowed to pursue a path to citizenship and to change jobs after they arrived in the United States. Another sticking point, involving the specific type of jobs that would be included in the guest worker program, was also resolved. Though low-skilled construction workers will be included in the visa program, construction unions persuaded the negotiators to exclude certain types of more skilled jobs — like crane operators and electricians — from the program, officials involved in the talks said.
According to officials with the AFLCIO., the program would start at 20,000 visas, rising to 35,000 visas in the second year, 55,000 in the third and 75,000 in the fourth. In the fifth year, the program would expand or shrink based on the unemployment rate, the ratio of job openings to unemployed workers and various other factors. The agreement calls for a maximum of 200,000 guest visas granted each year.
One third of all visas available in any given year would go to businesses with fewer than 25 employees. No more than 15,000 visas per year would go to construction occupations. Business groups, which had long been pushing to allow in 400,000 such guest workers each year, will get what they regard as an adequate number to meet the needs of employers.
http://www.greencardapply.com
http://www.greencardfamily.com
Questions and Answers for the Senate Immigration Bill
Questions and Answers for the Senate Immigration Bill
The Senate Judiciary Committee has begun hearings on a sweeping bill to overhaul the immigration system. The 844-page bill includes a pathway to citizenship for immigrants here
illegally, new border security measures, a mandatory nationwide system to verify the legal status of newly hired workers, two new guest worker programs and a host of changes to the legal immigration system.
Q: Your news analysis, on April 17, said that "the bill would reduce the categories of family members eligible for green cards, eliminating siblings of United States citizens." I am a United States citizen, and I wasn't aware that I can currently get a green card for my sibling who is a foreigner. Could you please tell me more?
A: Under the current system, the distribution of visas each year to foreigners applying to become legal permanent residents - in other words, to receive a green card - is done through a list of preferences. For foreigners applying for green cards based on their family ties (as opposed to their work skills), the fourth visa preference is for brothers and sisters of adult United States citizens. About 65,000 visas are available each year for those siblings.
The Senate bill would eliminate that sibling preference 18 months after the law takes effect. The senators have said that applications already submitted under that preference will be completed; no one with a valid application who is waiting in line will be left out.
The backlogs in that category are huge. The longest wait is for siblings from the Philippines. Visas are being issued this month to Filipino siblings who applied in July 1989.
Q: If the bill is passed in the Senate, does it have to pass the House next? If so, will the bill become law in more than a year, in your opinion?
A: The Senate will consider the bill written by a bipartisan group of eight senators. Those senators have said they hope for a vote by late May or early June. The House of Representatives will consider separate legislation. A bipartisan group in the House has been working in closed-door negotiations on a comprehensive immigration bill, which appears to have many of the same elements as the Senate bill. The House bill has not been introduced yet.
It is too soon to predict when or even if either bill would pass or become law. We are at the beginning of a far-ranging, fast-paced and very lively debate in Congress on these proposals.
Q: This bill claims those who apply will not receive any federal benefits, although they will be allowed to stay, work and pay taxes. This doesn't make sense to me, as their children will be allowed to go to school and they will still be able to receive medical care at the emergency medical outlets. Who pays for this if not the taxpayers?
A: Under the Senate bill, immigrants who have been in the United States without legal status would be able to apply for registered provisional immigrant status, which they could obtain starting six months after the law is enacted, if they meet the requirements and if border security conditions are met. Those immigrants will be allowed to work - paying whatever taxes they owe - and to travel.
Immigrants with provisional status would not be eligible for any federal benefits available to low-income people. For example, they would not be eligible for Medicaid, food stamps, temporary assistance for needy families, low-income assistance in the prescription drug program or federal housing aid.
The children of immigrants with provisional status, and children with that status, would be allowed to attend public schools through high school. This is not related to the Senate bill. The Supreme Court determined in a 1982 decision that immigrant children could attend school regardless of their status. Also, hospital emergency rooms are required by current law to provide care to anyone seeking it.
A goal of the Senate bill is to bring more than 11 million illegal immigrants into the system, requiring them to pay any back taxes they owe (many of these immigrants already pay taxes) as well as their future taxes. Provisional immigrants who fail to pay their taxes would not be eligible to become citizens. So, the immigrants would be among the taxpayers paying for the services.
Q: Under present law any children of these illegal immigrants will be citizens if born in the United States, and they would be eligible for federal benefits. That seems to preclude the idea that no federal benefits would go to the immigrants under this bill.
A: According to estimates by the Pew Hispanic Center, at least 4.5 million children who are United States citizens have at least one parent who is an immigrant here illegally. The immigration status of the parents does not change the fact that these children are Americans. They are eligible, like any other children who are citizens, for state and federal benefits and financial assistance for education, if they meet the requirements. http://www.greencardapply.com/news/news13/news13_0425.htm
Q: What confirmation can be given that there will not be loopholes for those who have criminal records to gain legal status anyway?
A: Under the Senate bill, immigrants living in this country illegally would not be eligible for provisional status if they have been convicted of a felony, three or more misdemeanors or a serious crime in another country; if they have voted illegally; or if they were found to present a national security risk. The Senate proposal does not change the restrictions that now exist in the law or open any new loopholes.
Since the Sept. 11 terrorist attacks, the Department of Homeland Security and other federal law enforcement agencies have revamped their systems for checking the backgrounds of foreigners applying for visas and other immigration benefits. Criminal and national security databases maintained by the F.B.I. have been linked to Homeland Security's immigration records. Illegal immigrants applying for registered provisional status under the bill will have to give fingerprints, photographs and biographical information that would be run through the databases.
A recent dress rehearsal, on a smaller scale, came last year when the Obama administration offered deportation deferrals to young people here illegally who came when they were children. Since August, U.S. Citizenship and Immigration Services, the agency in charge of that program, has processed more than 488,000 applications, including taking fingerprints from more than 450,000 immigrants. So far, at least, there have been few reports of fraud. Immigration lawyers have reported that many young people who had criminal records decided not to apply for deferrals.
However, under the Senate bill as many as 11 million undocumented immigrants could be eligible for provisional status. During the debate in the Senate, federal officials will no doubt face questions about what measures they are planning to stop fraud.
Q: How can we confirm which illegal migrants have been here for years or have just arrived? Will just their sworn statement suffice? How do we confirm the validity of their statements about when they arrived?
A: To qualify for registered provisional status, illegal immigrants will have to show they were living in the United States before Dec. 31, 2011, and have been here continuously since then. It will not be enough for those immigrants to state how long they have been here. They will have to provide documents to prove it, such as tax records, paychecks, utility bills, leases, school records or purchase receipts.
Q: How much will this process cost the American taxpayer during a time that we are running record deficits?
A: There has not yet been any estimate of the cost of the Senate bill from the Congressional Budget Office, considered the most reliable auditor of new laws by Congress. The senators who wrote the bill have estimated the spending at about $17 billion over 10 years. Almost all of that money would be for border security, including up to $5 billion for new surveillance technology and additional border agents; $1.5 billion for new border fencing; and money to add 3,500 customs agents.
The bill includes a provision authorizing Homeland Security officials to charge fees "sufficient to recover all costs" of registering the immigrants. In order to qualify for provisional status, immigrants will have to pay a $500 penalty as well as any back taxes, and they will have to pay additional fees and all taxes they owe during a period of at least 10 years during which they would remain with that status. As a result, the sponsors of the bill say that it will generate significant federal revenues.
http://www.greencardapply.com
http://www.greencardfamily.com
illegally, new border security measures, a mandatory nationwide system to verify the legal status of newly hired workers, two new guest worker programs and a host of changes to the legal immigration system.
Q: Your news analysis, on April 17, said that "the bill would reduce the categories of family members eligible for green cards, eliminating siblings of United States citizens." I am a United States citizen, and I wasn't aware that I can currently get a green card for my sibling who is a foreigner. Could you please tell me more?
A: Under the current system, the distribution of visas each year to foreigners applying to become legal permanent residents - in other words, to receive a green card - is done through a list of preferences. For foreigners applying for green cards based on their family ties (as opposed to their work skills), the fourth visa preference is for brothers and sisters of adult United States citizens. About 65,000 visas are available each year for those siblings.
The Senate bill would eliminate that sibling preference 18 months after the law takes effect. The senators have said that applications already submitted under that preference will be completed; no one with a valid application who is waiting in line will be left out.
The backlogs in that category are huge. The longest wait is for siblings from the Philippines. Visas are being issued this month to Filipino siblings who applied in July 1989.
Q: If the bill is passed in the Senate, does it have to pass the House next? If so, will the bill become law in more than a year, in your opinion?
A: The Senate will consider the bill written by a bipartisan group of eight senators. Those senators have said they hope for a vote by late May or early June. The House of Representatives will consider separate legislation. A bipartisan group in the House has been working in closed-door negotiations on a comprehensive immigration bill, which appears to have many of the same elements as the Senate bill. The House bill has not been introduced yet.
It is too soon to predict when or even if either bill would pass or become law. We are at the beginning of a far-ranging, fast-paced and very lively debate in Congress on these proposals.
Q: This bill claims those who apply will not receive any federal benefits, although they will be allowed to stay, work and pay taxes. This doesn't make sense to me, as their children will be allowed to go to school and they will still be able to receive medical care at the emergency medical outlets. Who pays for this if not the taxpayers?
A: Under the Senate bill, immigrants who have been in the United States without legal status would be able to apply for registered provisional immigrant status, which they could obtain starting six months after the law is enacted, if they meet the requirements and if border security conditions are met. Those immigrants will be allowed to work - paying whatever taxes they owe - and to travel.
Immigrants with provisional status would not be eligible for any federal benefits available to low-income people. For example, they would not be eligible for Medicaid, food stamps, temporary assistance for needy families, low-income assistance in the prescription drug program or federal housing aid.
The children of immigrants with provisional status, and children with that status, would be allowed to attend public schools through high school. This is not related to the Senate bill. The Supreme Court determined in a 1982 decision that immigrant children could attend school regardless of their status. Also, hospital emergency rooms are required by current law to provide care to anyone seeking it.
A goal of the Senate bill is to bring more than 11 million illegal immigrants into the system, requiring them to pay any back taxes they owe (many of these immigrants already pay taxes) as well as their future taxes. Provisional immigrants who fail to pay their taxes would not be eligible to become citizens. So, the immigrants would be among the taxpayers paying for the services.
Q: Under present law any children of these illegal immigrants will be citizens if born in the United States, and they would be eligible for federal benefits. That seems to preclude the idea that no federal benefits would go to the immigrants under this bill.
A: According to estimates by the Pew Hispanic Center, at least 4.5 million children who are United States citizens have at least one parent who is an immigrant here illegally. The immigration status of the parents does not change the fact that these children are Americans. They are eligible, like any other children who are citizens, for state and federal benefits and financial assistance for education, if they meet the requirements. http://www.greencardapply.com/news/news13/news13_0425.htm
Q: What confirmation can be given that there will not be loopholes for those who have criminal records to gain legal status anyway?
A: Under the Senate bill, immigrants living in this country illegally would not be eligible for provisional status if they have been convicted of a felony, three or more misdemeanors or a serious crime in another country; if they have voted illegally; or if they were found to present a national security risk. The Senate proposal does not change the restrictions that now exist in the law or open any new loopholes.
Since the Sept. 11 terrorist attacks, the Department of Homeland Security and other federal law enforcement agencies have revamped their systems for checking the backgrounds of foreigners applying for visas and other immigration benefits. Criminal and national security databases maintained by the F.B.I. have been linked to Homeland Security's immigration records. Illegal immigrants applying for registered provisional status under the bill will have to give fingerprints, photographs and biographical information that would be run through the databases.
A recent dress rehearsal, on a smaller scale, came last year when the Obama administration offered deportation deferrals to young people here illegally who came when they were children. Since August, U.S. Citizenship and Immigration Services, the agency in charge of that program, has processed more than 488,000 applications, including taking fingerprints from more than 450,000 immigrants. So far, at least, there have been few reports of fraud. Immigration lawyers have reported that many young people who had criminal records decided not to apply for deferrals.
However, under the Senate bill as many as 11 million undocumented immigrants could be eligible for provisional status. During the debate in the Senate, federal officials will no doubt face questions about what measures they are planning to stop fraud.
Q: How can we confirm which illegal migrants have been here for years or have just arrived? Will just their sworn statement suffice? How do we confirm the validity of their statements about when they arrived?
A: To qualify for registered provisional status, illegal immigrants will have to show they were living in the United States before Dec. 31, 2011, and have been here continuously since then. It will not be enough for those immigrants to state how long they have been here. They will have to provide documents to prove it, such as tax records, paychecks, utility bills, leases, school records or purchase receipts.
Q: How much will this process cost the American taxpayer during a time that we are running record deficits?
A: There has not yet been any estimate of the cost of the Senate bill from the Congressional Budget Office, considered the most reliable auditor of new laws by Congress. The senators who wrote the bill have estimated the spending at about $17 billion over 10 years. Almost all of that money would be for border security, including up to $5 billion for new surveillance technology and additional border agents; $1.5 billion for new border fencing; and money to add 3,500 customs agents.
The bill includes a provision authorizing Homeland Security officials to charge fees "sufficient to recover all costs" of registering the immigrants. In order to qualify for provisional status, immigrants will have to pay a $500 penalty as well as any back taxes, and they will have to pay additional fees and all taxes they owe during a period of at least 10 years during which they would remain with that status. As a result, the sponsors of the bill say that it will generate significant federal revenues.
http://www.greencardapply.com
http://www.greencardfamily.com
The Significant Reforms to Employment-Based Immigration in the Senate Immigration Bill
The first major reform to the employment-based immigration system (which allows qualifying foreign workers to obtain green cards) is the exemption from annual caps for certain types of working immigrants, including: “derivative beneficiaries of employm
ent-based immigrants; aliens of extraordinary ability in the sciences, arts, education, business or athletics; outstanding professors and researchers; multinational executives and managers; doctoral degree holders in STEM field; and physicians who have completed the foreign residency requirements or have received a waiver.” http://www.greencardapply.com/news/news13/news13_0506.htm
This classification closely mirrors the current first employment-based category or preference. It also reflects an emphasis on in-demand jobs in the United States, such as STEM (science, technology, engineering, and mathematics) fields and healthcare.
The bill then reorganizes the current allocation of employment-based visas to favor certain professional and skilled workers with desired talents, degrees, and experience in specified occupations. It also “creates startup visa for foreign entrepreneurs who seek to emigrate to the United States to startup their own companies.”
One intriguing proposal is the “Merit Based Visa”, a program that would be instituted in the fifth year after enactment of the bill. This is completely new, meaning it does not alter existing programs like many of the other reforms. Here is how it would work:
Points would be awarded to individuals based on education, employment, length of residence in the United States, and other considerations.
Those with the most points would earn the merit based visas.
Initial eligibility for accessing the merit based pathway would turn on talent, participation in an existing worker program, and those with family in the U.S.
A minimum of 120,000 visas for this program would be available each year and would increase by 5 percent per year if demand exceeds supply in any year where unemployment is under 8.5 percent. Eventually, the maximum would be capped at 250,000.
The Gang of Eight’s reform bill is, in part, a response to America’s business leaders who have consistently demanded an overhaul of the employment-based immigration system.
http://www.greencardapply.com
http://www.greencardfamily.com
ent-based immigrants; aliens of extraordinary ability in the sciences, arts, education, business or athletics; outstanding professors and researchers; multinational executives and managers; doctoral degree holders in STEM field; and physicians who have completed the foreign residency requirements or have received a waiver.” http://www.greencardapply.com/news/news13/news13_0506.htm
This classification closely mirrors the current first employment-based category or preference. It also reflects an emphasis on in-demand jobs in the United States, such as STEM (science, technology, engineering, and mathematics) fields and healthcare.
The bill then reorganizes the current allocation of employment-based visas to favor certain professional and skilled workers with desired talents, degrees, and experience in specified occupations. It also “creates startup visa for foreign entrepreneurs who seek to emigrate to the United States to startup their own companies.”
One intriguing proposal is the “Merit Based Visa”, a program that would be instituted in the fifth year after enactment of the bill. This is completely new, meaning it does not alter existing programs like many of the other reforms. Here is how it would work:
Points would be awarded to individuals based on education, employment, length of residence in the United States, and other considerations.
Those with the most points would earn the merit based visas.
Initial eligibility for accessing the merit based pathway would turn on talent, participation in an existing worker program, and those with family in the U.S.
A minimum of 120,000 visas for this program would be available each year and would increase by 5 percent per year if demand exceeds supply in any year where unemployment is under 8.5 percent. Eventually, the maximum would be capped at 250,000.
The Gang of Eight’s reform bill is, in part, a response to America’s business leaders who have consistently demanded an overhaul of the employment-based immigration system.
http://www.greencardapply.com
http://www.greencardfamily.com
What Are the Major Differences between the EB1 and EB2 NIW?
What Are the Major Differences between the EB1 and EB2 NIW? http://www.greencardapply.com/question/question13/question13_0424.htm
Question:
What are the major differences between the EB1 and EB2 NIW? Can apply for the EB1 and NIW at the same time?
Answer:
The requirements in EB1 and NIW are very different, and the application preparation is significantly different between these two classifications. For example, it may be likely that one could qualify for EB1. It is possible to file two petitions such as an EB1 and a NIW at the same time. Some applicants file two I-140 petitions simultaneously in EB1 and NIW. There is nothing stated in the law that prohibits multiple filings. Actually, multiple filings increase your chances.
The EB1-EA and NIW can be a self-petitioned application and does not need to be sponsored by your current employer. But EB1-OR is an employer-sponsored application, it needs to be sponsored by your current employer. If you are currently employed, your employer’s sponsorship may help your application, including the letters of recommendation, and other evidences.
http://www.greencardapply.com
http://www.greencardfamily.com
The Advantages of National Interest Waiver
The Advantages of National Interest Waiver over Regular EB-2 Based PERM Labor Certification. http://www.greencardapply.com/question/question13/question13_0505.htm
Question: I am considering the Green Card application in EB2. What are the advantages of EB2 - National Interest Waiver over the regular EB-2 based on the PE
RM Labor Certification?
Answer: To get a Green Card under EB2 - National Interest Waiver category, there are two independent steps. The first step is to file form I-140 along with a petition to verify that your employment has enough national interest to waive the otherwise required Labor Certification (PERM). After your I-140 is approved, you may file for Green Card using form I-485.
Many people prefer NIW for several reasons. First, you can self-petition. This means that you can file for Green Card by yourself, without the consent or knowledge of your employer. Second, the NIW requirement is easier than EB-1 Alien of Extraordinary Ability. Third, with NIW, you can skip the Labor Certification process (PERM). Filing a Labor Certification is a burdensome and time consuming process.
http://www.greencardapply.com
http://www.greencardfamily.com
RM Labor Certification?
Answer: To get a Green Card under EB2 - National Interest Waiver category, there are two independent steps. The first step is to file form I-140 along with a petition to verify that your employment has enough national interest to waive the otherwise required Labor Certification (PERM). After your I-140 is approved, you may file for Green Card using form I-485.
Many people prefer NIW for several reasons. First, you can self-petition. This means that you can file for Green Card by yourself, without the consent or knowledge of your employer. Second, the NIW requirement is easier than EB-1 Alien of Extraordinary Ability. Third, with NIW, you can skip the Labor Certification process (PERM). Filing a Labor Certification is a burdensome and time consuming process.
http://www.greencardapply.com
http://www.greencardfamily.com
Subscribe to:
Posts (Atom)
