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How to Immigrate to the
United States
EMPLOYMENT-BASED IMMIGRATION
Not everyone needs to have an immediate relative who is a U.S. citizen
in order to be eligible for U.S. immigration. There are several
additional ways to obtain U.S. permanent residency that depend on
your employment. If you can answer yes to any of the following you
may want to consider applying for permanent residency under one
of several employment-based categories:
·
Do you have special abilities in the sciences or arts?
· Are you able to contribute significantly to the U.S.
national interest?
· Can you make a substantial financial investment in a
U.S. business?
· Are you able to perform a job, which requires two years
of training?
· Are you a manager/executive of a U.S.-based corporation?
· Are you a professional with at least a bachelor's degree?
EMPLOYMENT-BASED PREFERENCES
Congress has created five employment-based categories, which next
to immediate relatives have preference in immigrating to the United
States.
The First Employment-Based Preference allots
40,000 immigration visas to priority workers who are:
· E-11-- Foreign nationals of extraordinary ability in
the sciences, arts, education business and athletics (no job-offer
or labor certification required)
· E-12 -- Outstanding professors or researchers with universities
or private employers with established research departments (job-offer
needed but no labor certification required)
· E-13 -- Executives and managers of multi-national U.S.
businesses (no labor certification required)
The Second Employment-based Preference
allots about 40,000 immigration visas to foreign nationals who are:
· Foreign nationals of exceptional ability in the sciences,
arts or business (job-offer and labor certification required);
or
· Advanced degree professionals (job-offer and labor certification
required)
· E-21-- Advanced degree professionals or foreign nationals
of exceptional ability in the sciences, arts or business whose
work is in the national interest (job-offer and labor certification
not required); or
The Third Employment-Based Preferences
allots about 40,000 immigration visas to:
· Professionals with bachelor's degrees who do not qualify
for the second preference category (job-offer and labor certification
required)
· Skilled workers filing positions requiring at least two
years of training and experience (job-offer and labor certification
required)
· Unskilled workers (job-offer and labor certification
required)
The Fourth Employment-Based Preference
for:
· Ministers and religious workers who demonstrate an affiliation
with an employer or organization (job offer required but no labor
certification)
The Fifth Employment-based Preference
for alien investors allots 10,000 immigrant visas to investors who:
· Invest a minimum of $500,000 in a new or existing business
that creates jobs in specified low-employment areas (no labor
certification required)
· Invest a minimum of $1 million in a new or existing business
anywhere else in the United States (no labor certification required)
WHAT ARE THE STAGES OF THE EMPLOYMENT-BASED
IMMIGRATION PROCESS?
If a labor certification is not required, employment-based petitions
have two stages: First, is the initial petition requesting classification
under one of the several categories described above. The second
stage, will either be the adjustment of status
for those applicants present in the U.S, or consular
processing for those applicants outside the U.S. Both types
of application for permanent residency come after the first stage
is approved.
It is upon successful completion of the second stage that the "green
card" is granted. Adjustment of status can take from 12 to
24 months to complete. Consular processing on the other hand usually
takes only 4-6 months. While a person outside the U.S., who applies
for permanent residency cannot come to the U.S. to wait out his
or her consular processing, a person who applies within the U.S
is permitted to choose consular processing, thereby eliminating
the long waiting period. This method usually only requires the applicant
to return to the home country for a day or two in order to do an
in-person interview at the U.S.consulate or embassy.
However, most people are usually able to obtain work permits shortly
after initially filing the adjustment of status forms.
U.S. PERMANENT RESIDENCY BASED ON THE FIRST EMPLOYMENT-BASED
PREFERENCE FOR PRIORITY WORKERS
The key benefit of applying under this category is that no labor
certification is required and thus total processing time is usually
much shorter than for other categories.
First Employment Preference
E-11 FOREIGN NATIONALS OF EXTRAORDINARY ABILITY
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A petition that requests permission to adjust to permanent resident
status (which is the first stage in the employment-based permanent
residency process) may be filed if it can be shown that the foreign
national possesses extraordinary ability in the sciences, arts,
education, business, or athletics. This petition, known as the I-140,
can be filed by either the foreign national him or herself or by
an employer on behalf of the foreign national.
To qualify for this category you must be able to show that you are
among the very few people in the world who have reached the top
of their field. This extraordinary ability must be demonstrated
through sustained national or international acclaim, and through
achievements that are recognized in the field. This recognition
may came from independent experts, through internationally competitive
awards and other criteria such as an extensive publication and presentation
record. A researcher who applies under the extraordinary ability
category must be able to demonstrate that he or she has contributed
significantly to his or her field of specialization.
A specific job offer is not required for a foreign national in this
group as long as the foreign national is entering the U.S. to continue
work in the field in which he or she has extraordinary ability.
In order to show that the foreign national is a person of extraordinary
ability, he or she must show that they received a one-time major,
internationally recognized award OR
show evidence of at least three of following:
· Receipt of major prizes or awards for outstanding achievement
in the academic field;
· Membership in academic associations which require outstanding
achievements of their members;
· Published material in professional publications written
by others about the foreign national's academic work;
· Participation as a judge of the work of others in the
same or an allied academic field;
· Original scientific or scholarly research contributions
to the academic field;
· Authorship of scholarly books or articles in the academic
field;
· Display of foreign national's work at exhibitions, etc.;
· Performance in a leading or critical role for organizations
with distinguished reputation;
· High salary or other remuneration; and
· Commercial successes in the performing arts.
If you would like us to review your eligibility for this category,
please fill out our Questionnaire
and email it to our office at dmk@ix.netcom.com.
Be sure to indicate several dates and times you would be available
for a telephone discussion with me regarding your case. We will
review your questionnaire and fax or e-mail an exact date and time
for a free telephone consultation.
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First Employment Preference
E-12 OUTSTANDING PROFESSORS AND RESEARCHERS
This category is for foreign national professors and researchers
who are considered by independent experts to be among the top 5
percent in their field. This category requires a full-time job offer
from a qualified U.S. employer, but it does not require the additional
process of a labor certification if it can be shown that the foreign
national is of outstanding ability and that the employer is in need
of such a level of ability.
The requirements that prove outstanding ability in this category
are slightly less rigorous than those needed to show extraordinary
ability. Aside from a full-time, permanent job offer from a research-based
employer, or a tenure track teaching position for a university,
or professor must have at least three years of outstanding research
or teaching experience.
A private employer must employ at least three persons full-time
in research positions and have achieved documented accomplishments
in an academic field. The position must be considered permanent
meaning that there is no set termination date. They must also show
that they have the ability to pay the salary of the outstanding
professor or researcher.
The evidence that must be submitted with the I-140 petition must
clearly document that the professor or researcher is recognized
internationally as outstanding in his/her academic field. The evidence
must consist of at least two of the following:
· Evidence that the professor or researcher received major
prizes or awards for outstanding achievement in the field;
· Documentation of membership in association in the academic
field which require outstanding achievements of their members;
· Published material in professional publications written
by others about the foreign national's work in the field; (The
material must include the title, date, and author of the material,
and must be accompanied by an English translation if it is written
in a foreign language.)
· Evidence of the professor or researcher's participation,
either individually or on a panel, as the judge of the work of
others in the same or an allied academic field;
· Evidence of the professor or researcher's original scientific
or scholarly research contributions to the academic field; or
· Evidence that the alien has written scholarly books or
articles in scholarly journals with international circulation
in his/her academic field.
If you would like us to review your eligibility for this category,
please fill out our Questionnaire
and email it to our office at dmk@ix.netcom.com.
Be sure to indicate several dates and times you would be available
for a telephone discussion with me regarding your case. We will
review your questionnaire and fax or e-mail an exact date and time
for a free telephone consultation.
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Why Retain an Attorney?
Although the standards for eligibility in this category are high,
they may not be as difficult to satisfy as they might first appear.
My office has successfully processed a large number of extraordinary
ability and outstanding researcher petitions with the US Citizendhip and Immigration Services
(USCIS) in different regional offices throughout
the United States.
The advantage of using a law firm such as ours is that we provide
you with our extensive experience in preparing and processing these
petitions so that we will be able to submit the strongest possible
case for you.
We guide you from the outset with clear and comprehensive guidelines
as to what documentation is needed to support your petition. This
will include format letters, sample letters, checklists and our
continuous input until we have a complete application. We will then
provide a detailed, explicit and persuasive cover letter in support
of the petition that will educate USCIS as to the significance of
your work, organize for them the various evidence of your recognition
and persuade them of your eligibility. We will also index, tabulate
and organize your documents in a fashion to make it easier for USCIS
to review your case. Upon approval of the petition, we will then
process your application for final adjustment of status to permanent
residency at the regional service center, or at a U.S. consulate
abroad.
There is no disadvantage in having an out-of-state attorney represent
you since petitions must be filed with the USCIS by mail--no matter
where you reside. In fact, since November 1996, all employment-based
petitions and adjustments must be submitted by mail to one of four
regional USCIS service centers that has jurisdiction over your place
of residence. In addition, there is no need for an attorney to make
a personal appearance as there are usually no interviews required
by the USCIS in these types of cases.
First Employment Preference
E-13 EXECUTIVES AND MANAGERS OF U.S. MULTI-NATIONAL COMPANIES
International companies can transfer top-level executives and managers
to the U.S as permanent residents without having to go through the
long process of a labor certification.
To be included in this group the foreign national executive or manager
must:
· Have been employed by the overseas affiliate, parent,
subsidiary, or branch of the U.S. business for at least one year
in the three years preceeding the petition.
· Have been employed for that year in the capacity of an
executive or manager
· Fill an executive or managerial position within the U.S.
company.
· In so far as the U.S. business is concerned it must establish
that it has been doing business in both the United States and
at least one other country for at least one year.
U.S. PERMANENT RESIDENCY BASED ON THE SECOND EMPLOYMENT-BASED PREFERENCE
There are three categories under this preference. Two require a
job offer and a labor certification. In the third the job offer
and labor certification can be waived if it can be determined that
the foreign researcher's work is in the national interest.
Second Employment Preference
FOREIGN NATIONALS OF EXCEPTIONAL ABILITY, OR;
FOREIGN NATIONALS WHO ARE MEMBERS OF THE PROFESSIONS HOLDING ADVANCED
DEGREES,
A foreign national who has a permanent job offer from a U.S. employer
and who is a member of the professions and holds an advanced degree
in his or her field, or who has exceptional ability in the sciences,
arts, or business, may be eligible to file under this second preference
category. The employer is responsible for filing an immigration
petition in addition to a labor certification.
An advanced degree is any U.S. academic or professional degree above
that of bachelor's (or a foreign equivalent degree) such as a master's
or doctoral degree. If a foreign national only has a bachelor's
degree he or she can still qualify for this classification if he
or she has an additional five years of progressive experience in
the profession.
The documentation required to be submitted with the petition includes
the official academic record showing that the foreign national holds
an advanced degree or its foreign equivalent, or an official academic
record showing receipt of a bachelor's degree, or a foreign equivalent,
and letters from current or former employers documenting that he/she
has at least five years of progressive experience in the specialty.
U.S. employers may also file petitions on behalf of foreign nationals
who can claim exceptional ability in the sciences, the arts, or
business. Exceptional ability is defined by the USCIS as a degree
of expertise significantly above that which is ordinarily encountered
in the sciences, arts, or business. To prove this level of expertise,
the petition must be accompanied by at least three of the following:
1. (If applying as an advanced degree professional) An
official academic record showing that the alien has a degree,
diploma, certificate, or similar award from college, university,
school, or other USCIStitute of learning relating to the area of
exceptional ability;
2. (2-6 if applying as a foreign national of exceptional ability)
Evidence in the form of letter(s) from current or former employers
showing that the foreign national has least ten years of full-time
experience in the occupation for which he/she is being sought;
3. A license to practice the profession or certification for a
particular profession or occupation;
4. Evidence that the foreign national has commanded a salary or
other remuneration for services which demonstrates exceptional
ability;
5. Evidence of membership in professional associations; or
6. Evidence of recognition for achievements and significant contributions
to the industry or field by peers, governmental entities, or professional
or business organizations.
If the above standards do not readily apply to the alien's specialty,
the U.S. employer may submit comparable evidence to establish that
the alien is eligible for permanent residence under this classification.
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Second Employment Preference
THE NATIONAL INTEREST WAIVER (NIW)
Although it appears as if the national interest waiver is the same
as the first preference priority worker, where a labor certification
is not required, in actuality determining eligibility for a national
interest waiver involves weighing the national interest inherent
in a labor certification agaUSCISt the ability of a researcher to
significantly improve the health, welfare or economy of the entire
country. If it can be shown that the researcher's work will significantly
benefit the national interest, the job offer and labor certification
can be waived and the applicant can self-petition or file his own
petition.
As such, a foreign national who applies under this category must
show that he or she will significantly improve the national interest
to a greater degree than a U.S. resident with the same qualifications.
Recently, the USCIS raised the bar on determining whether or not a
foreign national qualifies for a NIW.. Some are even speculating
that the category is dead. However, we have successfully obtained
national interest waivers for researchers throughout all four USCIS
Service Centers. The reason we have been able to obtain NIWs, when
others have not, is because we carefully analyze, develop and present
the foreign national's work in a way that shows specific benefits
to the U.S. national interest. We work closely with our clients
to obtain evidence that explaUSCIS clearly why their work is unique
and is considered exceptional. In fact, to us the higher USCIS standards
aren't new--they are what we have been using ever since the national
interest waiver was first introduced.
Our practice specializes in obtaining national interest waivers
for foreign scientists and researchers. We have also successfully
obtained waivers for economists, historians and engineers. In preparing
a national interest waiver, our team of legal and science experts
research our client's area of expertise and then show how his or
her work has made an impact. We then establish how this will have
immediate and practical benefits for the national interest. We work
with authorities in our client's field to develop expert testimony
on the significance of our client's contributions. We understand
the factors that the USCIS looks for in granting national interest
waivers and we also know how to identify these factors in our clients'
work.
If you believe that your work is in the national interest and want
to apply for permanent residency you must be able to show that your
work will contribute substantially and immediately to the national
interest. For example, the work must either:
· Improve the U.S. economy;
· Improve wages and working conditions of U.S. workers;
· Improve educational and training programs for U.S. children
and under-qualified workers;
· Improve the U.S. environment and lead to a more productive
use of the national resources;
· Improve U.S. health care;
· Provide more affordable housing for young, aged or poor
U.S, residents.
If you would like us to review your eligibility for this category,
please fill out our Questionnaire
and email it to our office at dmk@ix.netcom.com.
Be sure to indicate several dates and times you would be available
for a telephone discussion with me regarding your case. We will
review your questionnaire and fax or e-mail an exact date and time
for a free telephone consultation.
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Schedule A, Group II, Aliens of Exceptional Ability
Schedule A, Group II comprises aliens of exceptional ability in
the sciences or arts which is a classification separate from the
employment-based preferences previously discussed. It also provides
an alternative to
certification.
One of the main advantages to choosing Schedule A, Group II is
that it is not currently affected by the visa backlog as are the
employment-based preferences. What this means is that professors
or researchers, for example, who qualify for this category may file
a concurrent application for adjustment of status along with their
visa petition and obtain work and travel permits while they are
waiting for their cases to be adjudicated. This is a major benefit
to foreign nationals from backlogged countries such as India or
China who would otherwise have to wait for visa availability before
their adjustment of status applications could be filed.
The Schedule A, Group II category requires a full-time job offer
and documentary evidence that the beneficiary satisfies at least
two of seven listed criteria. These criteria require proof of widespread
acclaim and international recognition accorded to the foreign national
by recognized experts in their field.
U.S. PERMANENT RESIDENCY BASED ON THE
THIRD EMPLOYMENT-BASED PREFERENCE
There are three distinct groups in this preference category,
The first is for professionals with
bachelor's degrees in the field of employment but not
necessarily any experience.
The second is for skilled workers,
who are capable of performing a job that requires at least two
years of experience.
The third is for unskilled workers
who are capable of performing jobs requiring less than two years
of experience.
This is a catch-all category which provides immigration opportunities
for all foreign national who have a permanent job-offer in the U.S.
but who do not qualify under any of the other categories. This category
requires a permanent job offer and a labor certification. Or the
applicant must document that he or she qualifies for one of the
shortage occupations identified by the Department of Labor in a
list known as "Schedule A." Included in these occupations
are physical therapists, professional nurses, physicians or surgeons.
All three groups require permanent, full-time job offers.
U.S. PERMANENT RESIDENCY BASED ON THE
FOURTH EMPLOYMENT-BASED PREFERENCE
This category is created for ministers
and religious workers and requires a job offer but not
a labor certification as long as a religious affiliation could be
shown. Congress eliminated the process of the labor certification
because quantifying the skills of a minister of religious worker
was not possible under the rules of the labor certification.
U.S. PERMANENT RESIDENCY BASED ON THE
FIFTH EMPLOYMENT-BASED PREFERENCE
This category is for investors who can invest a minimum amount of
money into a new, an existing or a troubled U.S. business that will
create jobs for U.S. residents. Perhaps it is more accurate to call
this an employment creation category because the real criteria is
whether or not the investment will create the minimum number of
required jobs. Obviously, this preference category does not require
a job offer or a labor certification as no U.S. worker is being
affected by the investor's presence in the United States.
To qualify, a foreign national must invest $1,000,000 in a new or
existing commercial enterprise that will benefit the U.S. economy
and create at least ten full-time employment positions for lawful
U.S. workers (excluding the immediate family member of the investor).
Similarly, the investor may expand an existing business, but such
an investment must result in a substantial change in the enterprise's
net worth. It must also create at least ten new jobs for U.S. residents.
There is another opportunity to immigrate to the U.S if the commercial
enterprise is in a rural or a targeted high unemployment area. In
this case an investment of only $500,000 is required. In both subcategories
the foreign national investor must be actively involved in the management
of the business, either through the exercise of day-to-day managerial
control, or through policy formulation.
Furthermore, more than one investor may obtain immigration status
through the same investment enterprise, provided each contributes
the required $1 million or $500,000 investment as applicable. In
addition, for each investor ten more jobs would have to be created.
Thus, three foreign national investors would have to invest $3 million
and create at least 30 full-time positions. If there are multiple
investors, it is not necessary for all to immigrate to the U.S.
for any other to be considered eligible for permanent residency.
For immigration purposes, the USCIS considers an investment to mean
evidence that the investor has placed the required amount of capital
at risk. Intent to invest is not sufficient. The investment may
be in the form of equity or long-term debt financing in which the
investor acts as a creditor.
THE LABOR CERTIFICATION
The process for obtaining permanent residence based on employment
is comprised of three phases: the labor certification, the visa
petition, and the application for permanent residence.
Labor Certification
The first step involved in the process of sponsoring an employee
for legal permanent residence is to obtain a labor certification
from the Department of Labor. A labor certification is a certification
by the United States Department of Labor that a shortage of qualified
U.S. workers exists to fill the position held by the sponsored alien
employee, and that the company is paying and will pay the employee
the prevailing wage. The labor certification is valid only as long
as three things remain unchanged: The alien continues to work (1)
for the same employer, (2) at the same location, and (3) doing the
same job. Therefore, any promotions or significant changes in job
duties or location before legal permanent residence is obtained
will probably invalidate the labor certification, thus making the
applicant ineligible for permanent residence. If the employer is
contemplating any promotions or changes in job title, job duties,
or job locations for the position being certified it would be advisable
to make them before the labor certification process is started.
Effective March 28, 2005, DOL streamlined the labor certification
process under a system called Program Electronic Review Management
(PERM). An employer is now required to place two Sunday advertisements
for the position. For professional positions, the employer must
conduct three additional recruitment steps. The employer also needs
to place a 30-day job order with the State Workforce Agency SWA),
as well as obtain a prevailing wage determination from the SWA.
Furthermore, the employer has to internally post a job notice for
10 days. After the employer has completed the mandated recruitment
steps, it may electronically file a PERM application attesting that
it has undertaken the necessary recruitment under the regulations
as well as attesting to various other requirements. PERM promises
to certify a labor certification within 45 to 60 days. However,
DOL has the authority to audit an application or to require supervised
recruitment and may exercise this scrutiny for both problematic
and random applications. In order to determine if there are qualified
US workers available to fill the position, the attorney will assist
the employer in meeting the Department of Labor (DOL) requirements
in recruiting for the position.
Job requirements must be the actual minimum requirements for the
position. The employer must be able to justify each requirement
in relation to the job description. Requirements other than those
essential to perform the job duties in a reasonable manner will
be considered unduly restrictive by the Department of Labor and,
generally, be disallowed. The attorney will work closely with the
employer in determining the minimum requirements.
Based on conversations with persons at the employer's company, the
attorney will draft the advertisements, a job description, minimum
job requirements, and determine the salary to be offered. The attorney
will also provide legal assistance to the employer as they evaluate
the responses from U.S. applicants. Finally, the attorney will draft
all documents and letters based on information that they obtain
from conversations with the employer.
Our firm is proactive and will identify problems up front. Common
problems/issues include those related to the prevailing wage; experience
gained on the job, education level required and special requirements.
We will work with the employer to resolve any problems early in
the process.
The Visa Petition
Upon receiving an approved labor certification, our office prepares
a visa petition, which will be signed by the employer and is submitted
to the U.S. US Citizendhip and Immigration Services
along with the
labor certification papers. At this time, the employer must submit
documentation explaining the company's ability to pay the employees
proffered wages. In addition, we will be submitting documentation
received from the employee verifying that he or she meets all of
the minimum requirements listed in the labor certification.
Application for Permanent Residence
The last phase of the employer's involvement consists of providing
a letter verifying the alien's employment with the company. Although
the employer's involvement at this stage is minimal, we will be
spending much time assisting the employee in gathering required
documentation, such as birth certificates and marriage certificates,
etc., to complete this rather involved stage of the process. At
the end of this step, the employee will be granted permanent residence
and shortly thereafter, be issued a green card as evidence of permanent
residence.
Is it necessary to hire an attorney?
As described, the labor certification is a complicated legal and
regulatory process. Although a company or individual may feel confident
enough to wade through the lengthy process, most believe that it
is impractical to expend the amount of resources needed to successfully
complete the process.
Our office has worked with hundreds of employers and foreign nationals
in preparing and managing the wide variety of documentation needed
to successfully obtain a Labor Certification. We carefully review
both the employer's business and the foreign national's qualifications,
first to see if there are alternatives to a Labor Certification
and, if not, to prepare each stage of the process to eliminate potential
problems and make the process as efficient as possible.
ADJUSTMENT OF STATUS AND VISA PROCESSING
-
The Difference Between Adjustment of Status and Visa Processing
- Adjustment
of Status
- Visa
Processing
- Priority
Dates
THE DIFFERENCE BETWEEN ADJUSTMENT OF STATUS AND VISA PROCESSING
Once an approved I-140 employment-based petition or I-130 relative
petition is obtained from the US Citizendhip and Immigration Services
(USCIS), the alien is ready to make final application in obtaining
permanent residency. If the alien is physically present in the United
States, and remained in valid legal status since his/her entry,
he/she can obtain his/her "green card" without leaving
the U.S. through a process called "adjustment of status".
If he/she is not eligible for "Adjustment of Status" because
he/she is not physically present in the United States, or because
he/she is out of legal visa status, the process is completed at
a U.S. Consulate abroad, and is called "Visa Processing".
Visa processing is done only at the U.S. Consulates.
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ADJUSTMENT OF STATUS
If the foreign national is already in the United States when his
or her I-140 or I-130 is approved and he or she can meet the requirements,
he/she can adjust their status to permanent resident while remaining
in the U.S. This process is called the Adjustment of Status and
there are several distinct advantages in pursuing this route.
The first advantage is that the foreign national and his/her family
saves the cost and inconvenience of a trip back to their home country.
Secondly, the foreign national may apply for employment authorization,
which allows him/her to work while the green card application is
being processed. The third advantage is that in the case of a denial
of the immigration petition, he/she has the right to appeal through
the U.S. court system. This right is not available to anyone who
applies for immigration from outside the US.
To qualify for Adjustment of Status, the foreign national must:
1. Not have entered the country illegally and have been "admitted"
to the United States.
2. Not have been admitted as a "crewman," or as an
Exchange Visitor who is subject to the two-year foreign resident
requirement. For the latter, he/she must have fulfilled the requirement
or received a waiver to the foreign resident requirement;
3. Not have engaged in unauthorized employment while in the U.S.
An exception to this rule can be made in the case of the spouse
or children of an American citizen;
4. Be eligible for immigration, e.g. he/she must be the immediate
relative of a U.S. citizen, the immediate relative of a lawful
permanent resident of the U.S., or eligible under one of the categories
for employment-based immigration;
5. Have a current priority date, which requires that an immigrant
visa must be immediately available to the alien;
6. Be admissible to the U.S. as a permanent resident and not
excludable. There are nine major categories under which aliens
can be found excludable. These include:
a) Health-related grounds;
b) Criminal and related grounds;
c) Security and related grounds;
d) Public Charge;
e) Labor Certification;
f) Illegal Entrants and Immigration Violators;
g) Documentation Requirements; and
h) Ineligible for Citizenship.
However, there are waivers available for certain foreign nationals
to the above listed grounds of exclusion. These may be applied for
if certain conditions apply. Consult an attorney to see if these
exclusions apply to you.
Under most circumstances, once all the proper documentation is
filed the USCIS office where your Adjustment of Status was filed will
schedule a personal interview. (The notable exception to this is
when the basis for immigration is under one of the employment categories.
In this case, the green card is usually issued without an USCIS interview).
At the Adjustment Interview, the USCIS Officer may ask the applicant(s)
questions pertaining to the basis for permanent residency, and/or
any possible reasons for exclusion. Assuming that everything is
in order at the conclusion of the interview, the Officer will approve
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VISA PROCESSING
If the foreign national resides outside the US when the USCIS approves
an I-140 employment-based petition or I- 130 relative petition,
a copy of the approval notice and the visa petition is sent to the
Consulate within the foreign national's jurisdiction. If an immigrant
visa in not immediately available, the foreign national will be
notified that processing will begin when a visa is available. If
an immigrant visa is immediately available based on the alien's
priority date, the foreign national will begin their visa processing.
First, the foreign national will complete Packet III that requests
specific documentation. Once complete and received by the National
Visa Center, Packet IV will be issued. This last stage, schedules
a personal appointment for an immigration interview at the appropriate
consulate and requests final formal medical documents.
At the visa interview, the applicant and his/her family will be
questioned regarding the information that was submitted to the Consulate.
If everything is in order, the Consular Officer will issue the visa.
PRIORITY DATES
The United States issues a set number of immigrant visas for both
employment based and family based petitions. These visas are issued
based on the date when the immigration petitions is submitted to
the appropriate US. Government agency. This date is called a "priority
date".
Each year, there are many more applicants for visas than there
are visas available, so backlogs form in the various visa categories,
and people end up waiting for a visa to be available to them. Every
month, the U.S. Department of State publishes the Visa Bulletin
with a list of the dates which have become "current,"
which means that those people with that priority date may begin
to apply for permanent residency.
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