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United States in F-1, M-1, and J-1 statuses when they forget the necessary travel paperwork or travel with unsigned or outdated travel documents.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