The Advantages of O-1 Visa over H-1B Visa?

The Advantages of O-1 Visa over H-1B Visa? Question: My employer is now considering to apply O-1 visa or H-1B visa for me, because the less H-1B visa quota each year. What are the major advantages of O-1 visa over H-1B visa? Can my wife work in U.S. legally if I am in the O-1 status? Answer: The O-1 visa and H-1B visa have some common requirements and characteristics. The H-1B visa allows the alien professionals in specialty occupations to work for a U.S. employer within 6 year limit. H-1B visa holders often work in fields including engineering, mathematics, science, biotechnology, and businesses. The O-1 visa is a working visa for aliens of extraordinary ability in the sciences, arts, business or athletics. The extraordinary ability can be proved with the evidence such as scholarly publications or proof of high salary that they are at the top of their respective field. An alien applicant seeking an H-1B visa may also be able to qualify for an O-1 visa, if they can provide the necessary documentation of their extraordinary ability. For the advantage of O-1 visa, there is no annual cap on the number of O-1 visa petitions the USCIS can approve each year, and there is no maximum number of years one can stay in O-1 status. Unlike H-1B, an O-1 visa petition does not require the Labor Condition Application (LCA) to be filed with the U.S. Department of Labor (DOL). However, an O-1 filing requires that aliens with extraordinary ability in arts to obtain an advisory opinion from a relevant peer group, which may sometimes be difficult to identify. Also, both H-1B and O-1 require an offer of employment, and O-3 visa dependents are not allowed to work in the U.S. http://www.greencardapply.com/question/question15/O1-Visa-Advantages_013115.htm http://www.greencardapply.com/o1visa.htm

Will the Job Change and New Job Title Affect My Pending Form I-485 Application?

Will the Job Change and New Job Title Affect My Pending Form I-485 Application? Question: My employer sponsored Form I-140 petition and Form I-485 application for me after the PERM Labor Certification was approved. The Form I-485 application for status adjustment has been pending for more than 180 days. Because the employer's business slow, I changed my job using the AC-21 rule after the 180 day of Form I-485 pending. My new position gives me a different position title, with the same duties as the job described in the PERM Labor Certification form the previous employer. Will the job change and new job title affect my pending Form I-485 application? Answer: The AC-21 rule's determination is governed by duties of the job rather than the job title, because the job titles often differ between companies, even for very similar positions. The AC-21 rule uses the terminology of "same or similar job classification." The alien employee's duties listed for the original job offer should be compared with the job duties of the new position to determine within which category he or she may fall. The job categories from Department Of Labor (DOL) are generally fairly broad. In many situations, this does not present a significant problem. It is important to know that the job duties are generally important, not the specific job title. http://www.greencardapply.com/question/question15/I485-AC21-Rule_011715.htm http://www.greencardapply.com/i485.htm http://www.greencardapply.com/perm.htm

Important Differences between the Labor Certification and the Employment Authorization Document (EAD)

Important Differences between the Labor Certification and the Employment Authorization Document (EAD) Question: My employer recently filed Labor Certification for me. Since my wife needs the work permit to work in U.S., can we use the approved Labor Certification for her to work in the United States? or what is the difference between Labor Certification and the Employment Authorization Document (EAD)? Answer: The Labor Certification is an immigration process step. Its goal is to "protect U.S. workers and the U.S. labor market by ensuring that foreign workers seeking immigrant visa classifications are not displacing equally qualified U.S. workers". The Labor Certification is a process of proving that there are no qualified U.S. workers for the position being offered. If there are qualified U.S. workers, then the alien worker cannot be offered the position on a permanent basis. The Employment Authorization Document (EAD) gives the alien beneficiary authorization to work for any U.S. employer. The Labor Certification itself does not give the alien beneficiary any work authorization. Also, the alien worker must have a job offer from a U.S. employer in order for the employer to file the Labor Certification. A U.S. employers file the Labor Certification application at the beginning of the alien employee's immigration process. However, an alien worker file the EAD application for himself/herself and spouse at the last step of the immigration process, with the adjustment of status or Form I-485 application. A Labor Certification is typically for a particular U.S. employer who files the Labor Certification with the Department Of Labor. But an alien worker can use an EAD to work for any U.S. employer. Also, the law forbids alien workers from paying any of the costs associated with an Labor Certification, but alien workers are allowed to pay any and all of the costs associated with the EAD application with USCIS. http://www.greencardapply.com/question/question15/Employment-Authorization-Document_011815.htm http://www.greencardapply.com/i485.htm http://www.greencardapply.com/perm.htm

Reference Letters for EB2 National Interest Waiver Petition

USCIS' View of the Reference Letters for EB2 National Interest Waiver Petition The USCIS adjudicators normally do not understand the alien applicant's work and contributions in the field, and they do not have the alien's expertise. Thus, the only way for them to determine whether a case may qualify the EB2 National Interest Waiver regulation requirements is by reviewing the submitted objective evidence. Based on our experience, people from government agencies, universities, and think tanks are the more prestigious reference letter writers for EB2 National Interest Waiver petition, and the recommendation letters or reference letters from U.S. government officials are especially helpful. As indicated at USCIS' National Interest Waiver adjudication regulations, recommendation letters or reference letters from U.S. government officials and government agencies attesting to the U.S. national interests which will be served by the alien's permanent residence will greatly increase the successful chances for a national interest waiver application case. When USCIS evaluates the statements in the reference letter, the relationship between the alien applicant and the reference letter writer is also an important considering factor. USCIS expects that an alien beneficiary in the EB1 extraordinary ability caliber should receive recognition beyond the circle of personal and professional acquaintances. In some cases, the statements in the reference letters make general assertions about the alien applicant, and may indicate that the alien is a competent or a respected person, but the writers of the reference letters fail to support such statements with sufficient evidence. USCIS may consider such reference letters, but they do not necessarily show the alien’s exception ability. USCIS' View of the Reference Letters for EB2 National Interest Waiver Petition http://www.greencardapply.com/ USCIS' View of the Reference Letters for EB2 National Interest Waiver Petition http://www.greencardapply.com/niw/niw-reference-letter.htm

Application Process to Get an Immigrant Visa for a Brother of a U.S. Citizen

What is the Application Process to Get an Immigrant Visa for a Brother of a U.S. Citizen? Help Desk: I am a U.S. citizen, and will apply for immigrant visa for my brother. What is the application process to get an immigrant visa for a brother of a U.S. citizen? Answer: To start the immigrant visa application process for U.S. citizen's brother or sister, the U.S. citizen will need to file an immigrant visa petition using USCIS Form I-130, with the proof of U.S. citizenship and the proof of siblings. Other evidence includes both person's birth certificate and showing at least one parent in common. If the U.S. citizen and his/her brother or sister are related only through a father with different mother, U.S. citizen will also need the father's marriage certificate from his marriage to U.S. citizen's mother, and the one from his marriage to his/her sibling's mother. What is the Application Process to Get an Immigrant Visa for a Brother of a U.S. Citizen? http://www.greencardfamily.com/question/question2015/Brother-Immigrant-Visa_010315.htm What is the Application Process to Get an Immigrant Visa for a Brother of a U.S. Citizen? http://www.greencardfamily.com/sibling.htm

the Eligibility for Cap-Gap Extension of My F-1 Status

What Is the Eligibility for Cap-Gap Extension of My F-1 Status? Question: I am a F-1 international student, and my potential U.S. employer will file H-1B status application for me. How to get the Cap-Gap extension for my F-1 status? and what is the eligibility for Cap-Gap extension of my F-1 status? Answer: The "Cap-Gap" is known as the period of time when a F-1 international student’s status or work authorization expires to the start date of approved H-1B employment. The Cap-Gap occurs because the earliest date that an U.S. employer can file an H-1B status petition is April 1, for the following fiscal year, starting October 1. If USCIS approves the H-1B petition and the change of status request, the earliest date that the student may start the approved H-1B employment is October 1. The USCIS regulations allow H-1 international students with approved H-1B petitions to remain in F-1 status during the cap-gap period, which provides a way of filling the "gap" between the end of F-1 status and the beginning of H-1B status, that might otherwise occur if F-1 status is not extended for qualifying students. H-1B petitions that request a change of status to H-1B on October 1 qualify for a cap-gap extension. What Is the Eligibility for Cap-Gap Extension of My F-1 Status? ttp://www.greencardapply.com/question/question15/Cap-Gap-Extension_010315.htm What Is the Eligibility for Cap-Gap Extension of My F-1 Status? http://www.greencardapply.com/h1b.htm

How Long the I-140 Petition Process Will Likely Take?

After PERM Application Approval,How Long the I-140 Petition Process Will Likely Take? Question: My employer has started the PERM Labor Certification application for me. After the PERM application approval, how long the I-140 petition process will likely take? Answer: After the U.S. Department of Labor (DOL) approves the PERM Labor Certification application, the U.S. employer can file an Form I-140 petition with U.S. Citizenship and Immigration Services (USCIS). The Form I-140 petition should includes the original approved PERM application in which the U.S. employer and the alien beneficiary worker must sign it. The Form I-140 petition should also include the evidence of the U.S. employer’s ability to pay the alien worker’s salary, and documents confirming that the alien beneficiary is qualified for the position, such as a copy of the alien worker’s educational degrees. The approved PERM Labor Certification application is only valid for a certain period of time, therefore the Form I-140 petition must be filed within this validity period. Otherwise the PERM Labor Certification application will expire, and the employer must start over again. Generally, USCIS may take at least four months for I-140 decisions, and it can take USCIS much longer to adjudicate the Form I-140 petitions. Also, there is an expediting option available, Form I-140 Premium Service, for Form I-140 petition. The employer can pay an extra $1000 fee and request premium processing within 15 calendar days of receipt. A USCIS officer will review the application and determine the appropriate action which would be an approval. Alternatively, an USCIS officer could issue a Request for Further Evidence (RFE), or a Notice of Intent to Deny (NOID). For the case of RFE, USCIS will make a decision within 15 days of receipt of the response. How Long the I-140 Petition Process Will Likely Take? http://www.greencardapply.com/question/question15/I140-Petition-Time_010215.htm After PERM Application Approval,How Long the I-140 Petition Process Will Likely Take? http://www.greencardapply.com/perm.htm