US Immigration & Green Card Application Service

How to Maximize the Chances of Receiving H1B Petition Approvals for IT Consultants? Question, I am a manager of an IT consulting firm. What steps should we take to maximize our chances of receiving H1B petition approvals for IT consultants?... Answer, IT consulting firms should provide strong evidence to show that they have specific H1B level work for their alien employees at the time of H1B application filing. If an alien consultant will be working on an in-house project, the USCIS expects to be provided with detailed information on the project, including its technical specifications, the end-product, and a business plan or market analysis, such as target market, expected revenue stream, and anticipated length of the project. If the project will not earn a revenue stream in a relatively short period of time, the firm should be prepared to provide evidence that the H1B employee’s salary can be paid by other means. If a consultant will be placed at the worksite of an end client, this location should be stated in the H1B petition and in the certified labor condition application (LCA) that accompanies the petition. The petitioner should also provide strong evidence of the specific project that is immediately available to the alien employee at the time of filing the petition or the requested start date. The contracts, purchase orders, end client and vendor letters, and other supporting documentation should demonstrate to the USCIS that there is an H1B position available to the alien employee and that the employee’s services are needed for the entire duration of time requested in the H1B petition. http://www.greencardapply.com//H1B_Petition_Approvals_0323 http://www.greencardapply.com

The Green Card Application Process after the PERM Labor Certification Approval Question, I am in H-1B status and work for a online education company. My employer will soon start the Green Card application process for me. I understand that we need to go though the PERM Labor Certification application first. But what is Green Card application process after the Labor Certification approval.... Answer, For a U.S. employer to seek U.S. permanent residency for an alien employee, the following is the process: 1) The employer should file Form I-140 application, Petition for Alien Worker, and also submit the job offer and other evidence to USCIS. 2) Upon approval of Form I-140, the alien beneficiary should file Form I-485 application for adjustment of status, if an immigrant visa number is available, and the alien beneficiary is in U.S. On the other hand, if the alien beneficiary is outside the United States when an immigrant visa number becomes available, the alien could complete the process of status adjustment at a nearest U.S. consulate office. 3) If the From I-485 application is approved by USCIS, the alien beneficiary is granted U.S. permanent resident status, and will receive a permanent resident card (Green Card) in mail. (If the alien beneficiary went through the immigrant visa process overseas, the alien beneficiary can enter the U.S. and receives an immigrant visa attached to the passport at the U.S. port of entry, to serve as evidence of immigrant status until receiving the Green Card in mail.) http://www.greencardapply.com//Green_Card_Application_Proc http://www.greencardapply.com

Green Card Application Will not Jeopardize O-1 Status Extension Question, I am in O-1 status now, and plan to submit EB1 Extraordinary Ability application. Will it jeopardize my ability to request to extend my O-1 status in the future?... Answer, O-1 is a non-immigrant visa category for aliens of extraordinary ability in the sciences, arts, education, business, or athletics. This employment related visa allows qualified aliens to live and work in the United States. Significantly, under O-1 status, a foreign national can have dual intent, an intention which renders certain other types of non-immigrant status invalid. Dual intent arises when a foreign national intends to immigrate to the US at some point, while presently maintaining non-immigrant status. Many types of legal nonimmigrant status require that the alien seeking and maintaining such classification have nonimmigrant intent, rather than immigrant intent. In other words, such aliens may not intend to remain permanently in the U.S. without jeopardizing their nonimmigrant status. However, aliens under O-1 status are not subject to this requirement. Rather, they can legally maintain dual intent.Thus, an approved labor certification or a filed immigrant petition will not jeopardize one's O-1 status or ability to obtain an O-1 visa. It will also not jeopardize one’s ability to request to extend their O-1 status. Further, according to the Immigration and Nationality Act, an alien under O-1 status does not have to have a foreign residence which he or she has no intention of abandoning. http://www.greencardapply.com//Q/O1_Dual_Intent_040720.htm http://www.greencardapply.com

What May Happen for my Form I-485 application, if My Form I-140 Is Rejected? Question, I filed a concurrent Form I-140 and Form I-485 petitions in EB2 National Interest Waiver (NIW) immigration category several months ago, as self-petition without my employer's sponsorship. Now, I get a RFE (Request For Evidence) letter from USCIS for my Form I-140 petition, asking for more supporting materials and evidences for my work's benefits for U.S. national interests. Please let me no...w what may happen for my Form I-485 application if my NIW Form I-140 is rejected after the RFE response? Answer, The concurrent Form I-140 and Form I-485 petitions are supposed to permit the alien applicant a number of benefits, including availability of work permit card (EAD), advance parole for international travel, and similar benefits to the accompanying family members. Under the U.S. immigration law, the Form I-485 application remains intact unless it is denied as separate from the denial of Form I-140 petition. To prevent the abuse of concurrent Form I-140 and Form I-485 filing, the USCIS instructed its Service Centers to deny all the accompanying applications including Form I-485, Form I-485A, From I-765, and Form I-131 simultaneously, when the USCIS Service Centers deny the underlying Form I-140 petition. http://www.greencardapply.com//Form_I485_Concurrent_Applic http://www.greencardapply.com

My Employer Will Apply for H-1B visa for Me, How Is the Prevailing Wages Determined? Question, My potential employer will apply for H-1B visa for me. As the first step and requirement, the employer needs to pay the Prevailing Wage. How is the Prevailing Wage determined?... Answer, For H-1B and PERM Labor Certification, the U.S. Immigration and Nationality Act requires that the hiring of a foreign worker will not adversely affect the wages and working conditions of U.S. workers comparably employed. To comply with the law, the U.S. Department of Labor's regulations require that the wages offered to a foreign worker must be the prevailing wage rate for the occupational classification in the area of employment. The prevailing wage rate is the average wage paid to similarly employed workers in a specific occupation in the area of intended employment. Employers can obtain this wage rate by submitting a request to the National Prevailing Wage Center (NPWC), or by accessing other legitimate sources of information such as the Online Wage Library, available for use in some programs. The requirement to pay prevailing wages as a minimum is true of most employment-based visa programs involving the U.S. Department of Labor. In addition, the H-1B and PERM Labor Certification programs require the employer to pay the prevailing wage or the actual wage paid by the employer to workers with similar skills and qualifications, whichever is higher. The U.S. Department of Labor's Bureau of Labor Statistics has provided wage data collected under the Occupational Employment Statistics (OES) program for use in the foreign labor certification process. http://www.greencardapply.com//H1B_Prevailing_Wages_041920 http://www.greencardapply.com

My Form I-485 Application Is Pending, What Are the Risks for My Job Change? Question, My EB2 National Interest Waiver (NIW) based Form I-140 petition is my employer sponsored. After the EB2 NIW I-140 petition approved by USCIS, my Form I-485 application is pending for more than 180 days. If I want to change job now by using the AC-21 rule, can my employer harm my Form I-485 Green Card application case? and what are the risks for my job change?... Answer, The U.S. employer does not control the Form I-485 application process, since it is filed directly by alien employee to USCIS, not filed by U.S. employer. If the Form I-485 application is based on the approved Form I-140 petition in which the employer is a sponsor, the employer can always withdraw or revoke the I-140 petition if they want. If the Form I-140 petition has been approved already, and the Form I-485 has been pending for 180 days, the employer can still revoke the approved Form I-140 petition. However, this does not prevent the pending Form I-485 case from being approved by USCIS. According to USCIS AC-21 rule, an approved Form I-140 petition remains valid once the Form I-485 application has been pending for more than 180 days, even if the employer requests the revocation of the Form I-140 petition. http://www.greencardapply.com///I485_Job_Change_051020.htm http://www.greencardapply.com

Does USCIS still Accept the Immigration Petitions During COVID-19 Period? Question, I plan to submit an EB1 immigrant petition to USCIS soon. I want to know if the USCIS still accept the immigration petitions during COVID-19 period?... Answer, U.S. Citizenship and Immigration Services (USCIS ) has temporarily suspended routine in-person services to help slow the spread of coronavirus (COVID-19). USCIS plans to begin reopening its offices on or after June 4, unless the public closures are extended further. USCIS staff are continuing to perform duties that do not involve face-to-face contact with the public. However, USCIS will provide emergency services for limited situations. During this time, individuals may still submit applications and petitions to USCIS. Online filing remains the most convenient and interactive way to submit forms. For field office appointments and rescheduling, USCIS domestic field offices will send notices with instructions to applicants and petitioners with scheduled interview appointments impacted by this closure. They will automatically be rescheduled once normal operations resume. Individuals who had InfoPass appointments with a Field Office must reschedule through the USCIS Contact Center. http://www.greencardapply.com//Qu/USCIS_COVID19_051120.htm http://www.greencardapply.com

O-1 Visa Application and the Advisory Opinion Requirement Question, I want to file an O-1 visa application with the help of an U.S. employer. I am a visual artist. Do I need to get an "advisory opinion" to file an O-1 visa application? and how could I get the "advisory opinion"? Thank you.... Answer, To file an O-1 visa application, an Advisory Opinion should be be accompanied the O-1 visa application documents. The U.S. employer should consult with an appropriate peer group, labor organization, or management organization in the area of the alien's outstanding ability to get the advisory opinion for the alien beneficiary. Generally, a written advisory opinion should be obtained from the appropriate consulting entity with expertise in the alien beneficiary's field. But an advisory opinion may not be required if the petitioner could prove that an appropriate consulting entity does not exist to provide Advisory Opinion. Also, if the petitioner is requesting expeditious handling of the O-1 visa application, an advisory opinion from an appropriate consulting entity may not be submitted with the application documents. The expeditious handling could be granted with regard to O-1 visa application on behalf of an alien who will be employed in the fields of art, entertainment, or athletics. http://www.greencardapply.com//O1_Advisory_Opinion_052420. http://www.greencardapply.com

How to Ask USCIS to Expedite Processing the Age-Out Form I-485 Application? Question, My family's Form I-485 Green Card application in still pending, but my son will turn 21 years of age next year. How to ask USCIS to expedite to process of age-out case?... Answer, The backlog of Green Card applications for adjustment of status and applications for immigration visas in consular processing makes otherwise eligible applicants miss an opportunity to adjust due to "age-out" issues. Therefore, USCIS haa implemented a policy of allowing individuals who are about to age-out to have their cases expedited. The applicants are going to age out must take steps to inform the USCIS or U.S. overseas consulates, and ask for expedited processing of the applications. Otherwise, they risk losing the benefit they are seeking. A child applicant or beneficiary, who is seeking adjustment of status or applying for immigration visa and who will turn 21 years of age within the next 20 months, usually must do the following to expedite their petitions: Place a cover sheet on the application that states in bold lettering "Attn: AGE OUT (Date of Birthday)" by using a bright color marker. It will make immigration officers or consular officers aware that it is an "Age Out" case; After filing, if the petitioners or beneficiaries have not heard from the USCIS six months prior to the child's 21st birthday, please contact the USCIS or U.S. overseas consulate again; If they have not received a notice for fingerprinting and adjustment appointment for the child, the petitioner or beneficiaries should contact the USCIS 60 days prior to the child's 21st birthday. http://www.greencardapply.com//Question,20/Expedite_Age-Ou http://www.greencardapply.com

What Happens to My Immigration Petition If the Sponsor Dies Question,: I married to a U.S. citizen. He had filed Form I-130 for my immigration to United States, and now he is not in good health. What happens to my immigration petition If the family based immigration sponsor dies?... Answer: If you are waiting to immigrate to the United States on the basis of a visa petition, filed by a family member who is a U.S. citizen or lawful permanent resident, that person’s death will certainly make the process more difficult. But unlike in past years, when the visa petition always died with the petitioner, you may still be able to get a U.S. green card. Your success depends on your relative’s status in the United States, your relationship to him or her, where you currently live, and whether you have relatives in the United States who are willing to serve as financial sponsors for you. If you were married to or the minor child of a U.S. citizen, you are in an especially good position to get a green card. Even if your U.S. citizen spouse died before filing the initial visa petition for you Form I-130 or before the petition was approved, you may be able to carry on and petition for yourself and your minor children. You would file your visa petition on USCIS Form I-360 (Petition for Amerasian, Widow, or Special Immigrant). Unlike other family beneficiaries, you need not have an Affidavit of Support filed on your behalf. But there’s a deadline. You must file the petition no later than two years after the death of your U.S. citizen spouse. Also, remarrying before you are approved for your green card will destroy your right to it. http://www.greencardfamily.com//Immigration_Sponsor_Dies_1 http://www.greencardfamily.com

How to Apply for a Green Card for My Family Member? Question,: As a U.S. permanent resident, how to apply for a Green Card for my family member?... Answer: As a Green Card holder or U.S. Permanent Resident, you may petition for certain family members to immigrate to the United States as permanent residents. You may petition for the following family members: Spouse (husband or wife); Unmarried children under 21; Unmarried son or daughter of any age. A visa becomes available to a preference category according to the priority date - the date the Form I-130 was properly filed. When petitioning for your relative, the following preference categories apply: First preference: Unmarried, adult sons and daughters of U.S. citizens. (Adult means 21 or older) Second Preference (2A): Spouses of Green Card holders, unmarried children (under 21) of permanent residents Second Preference (2B): Unmarried adult sons and daughters of permanent residents Third Preference: Married sons and daughters (any age) of U.S. citizens Fourth Preference: Brothers and sisters of adult U.S. citizens To obtain a Green Card for your family member, you must file Form I-130, Petition for Alien Relative, and provide proof of your status to demonstrate that you are a permanent resident; Submit evidence of the qualifying relationship such as a birth certificate, marriage certificate, divorce decree, etc, including proof of any legal name change for you or your family member - the beneficiary. http://www.greencardfamily.com//Family_Member_Green_Card_1 http://www.greencardfamily.com

How Could I Finish the Form I-693 Medical Examination Process to Get My Green Card Question,: I am in the process to prepare the I-485 application. I have download the Form I-693, Medical Examination of Aliens Seeking Adjustment of Status, from the USCIS web site. How could I finish the Form I-693 Medical Examination process to get my Green Card?... Answer: USCIS Form I-693 is also called Medical Examination of Aliens Seeking Adjustment of Status. It is used for aliens to have medical examination in U.S., in order to receive a U.S. green card or lawful permanent residence, through the procedure known as Adjustment of Status. The Adjustment of Status is a process to complete the entire green card application in the United States with the USCIS, including the possible interview. The Form I-693 must be completed by a USCIS designated doctor inside U.S. The alien applicant needs to fill the Part I of the Form I-693. The alien applicant only needs to file simple information in Part I, such as name, gender, U.S. address, date of birth, place and country of birth, alien registration number (A number) and the Social Security Number (SSN) if you have one. An alien may have the A number, if he or she has applied for other immigration benefits previously. There is a place for the alien applicant's signature at the bottom of Part 1. But you should not sign it before you see the USCIS designated doctor, and you should sign it only until the Doctor asks you to to so. http://www.greencardfamily.com//I693_Medical_Examination_0 http://www.greencardfamily.com

Do I Need to Adopt Her First before File the Immigration Petition for Her? Question,: I am a U.S. citizen. Recently, I married my alien husband who has a daughter in his home country. How could I bring the step-daughter into the United States to live with us? As a stepmother now, do I need to adopt her first before file the immigration petition for her?... Answer: In the immigration regulation, a stepmother is actually considered a closer relationship than an adoptive mother, and there are less restrictions. However, an adoptive relationship must meet more requirements: 1) the child must be adopted before his or her 16th birthday; 2) the adoptive parent must have had legal custody of the adopted child for two years upon filing the immigration petition; and 3) the adopted child must have resided with the petitioner for at least two years before filing the immigration petition. There is a rationale for treat stepchildren on a more favorable standard than adopted children on immigration petitions, and it is primarily fraud prevention. Many US citizens, especially naturalized citizens, have relatives with children in foreign countries. They may intend to bring these children to the US. If there are no strict regulations on immigration petitions based on adoptive relationships, many people may take advantage of the system. Although fraudulent activities also happen in marriage-based immigration, it is harder to cheat the USCIS in a marriage relationship than in an adoptive relationship. http://www.greencardfamily.com//Adopted_Daughter_Immigrati http://www.greencardfamily.com