Archive for the ‘FAQ Employment-Based Green Card’ Category
Update on Labor Certification: More Scrutiny by DOL?
The Department of Labor has announced in its annual performance report that it will apply stricter scrutiny to all labor certification applications. The electronic PERM application will be revised once it expires in June 2011, and presumably the form will become longer, more exacting and more complicated. Whether or not audits will increase is unclear, but it stands to reason that they may. Perhaps the recent quick PERM adjudications will soon be a thing of the past. As if that isn’t enough bad news for one day, DOL also intends to propose a new PERM filing fee payable by the employer.
Tags: Department of Labor, DOL, ETA 9089, green card, immigration, labor certification, PERM
Posted in FAQ Employment-Based Green Card | Read More »
Do I need a re-entry permit to enter the U.S.?
Re-entry permits are required for lawful permanent residents (“green card holders”) who intend to be outside the U.S. for 1 year or more but who want to preserve their immigrant status. This includes those traveling, working, and/or residing abroad. If a green card holder is going to be outside the U.S. for less than 1 year, a re-entry permit may not be required to maintain status.
Re-entry permits are generally granted for 2 years and cannot be extended. However, a person with a re-entry permit may enter the U.S. before the expiration of the 2 years and apply for a new 2-year period. Applicants must apply for a re-entry permit while physically present in the U.S. Please note that the USCIS requires that biometrics be taken for these applications and it is best to complete the required biometrics before departing the U.S. If not, the USCIS may deny the application if the applicant does not complete the required biometrics in a timely fashion.
Even though a person holds a valid re-entry permit, the Department of Homeland Security (DHS) may still inquire about the person’s absence from the U.S. This is more common if the individual has been living abroad for several years. Please note that if a person stays outside the U.S. for 1 year or more without a re-entry permit, the DHS considers this an abandonment of the green card.
Please contact our San Francisco immigration law firm if you’d like assistance with a re-entry permit or have questions about the requirements or process.
Tags: abandonment, Form I-131, green card, lawful permanent residence, re-entry permit
Posted in FAQ Employment-Based Green Card, FAQ Marriage-Based Green Card, Immigrant Visas, USCIS | Read More »
I’ve heard a lot about employment-based green card categories. What is the difference between EB-2 and EB-3?
The EB-2 category is for professionals holding a Master’s or higher degree or the equivalent. The equivalent means a Bachelor’s degree + 5 years of progressive experience following that degree in the person’s field. Experience is progressive if the job duties and responsibilities increase over time.
To qualify for EB-2, the position for which the person is being sponsored must require an advanced degree or the equivalent and the person must have earned that degree (or the comparable education and experience stated above).
Included in the EB-2 category are Schedule A occupations and National Interest Waiver (NIW) petitions. Schedule A occupations are jobs determined by the Department of Labor (DOL) to be in short supply. These include physical therapists, nurses, persons of exceptional ability in the sciences or arts and university teachers.
NIW’s are for individuals who can demonstrate that their proposed position is in a field of national interest and their unique skills are of intrinsic benefit to the U.S. Generally, the EB-2 category requires the employer to test the labor market for qualified U.S. workers before filing a green card petition. This is not required for Schedule A and National Interest Waiver petitions.
The EB-3 category covers three types of individuals: (1) professionals with a Bachelor’s degree and fewer than 5 years of post-Bachelor’s experience; (2) skilled workers with at least 2 years of training or experience (includes Associate degrees and other post-high school education); and (3) other workers with less than 2 years of training and experience. Testing the labor market is required for all of these categories.
The EB-2 category has a much shorter wait for getting an actual green card than the EB-3 category, so it’s the preferred option, if available. Please contact our immigration law firm if you have any questions about the employment-based green card categories.
Tags: advanced degree, EB-2, EB-3, employment-based green card
Posted in FAQ Employment-Based Green Card | Read More »
When is it okay to change to a new employer during my employment-based green card process?
A person with a pending employment-based green card petition may change to a new employer once his/her I-140 immigrant petition is approved and the I-485 green card application has been pending 180 days or more. The individual must take a position with the new employer that is the same or similar to the position for which the green card petition was filed. If these elements are met, the green card petition can remain active and pending through the new employer.
The new employer and employee may choose to notify the immigration service of this change. Please note that if the I-140 immigrant petition is withdrawn before 180 days or the immigration service denies or revokes the I-140 approval at any time, the employment-based green card process will most likely result in a denial. Please contact our immigration law office if you have questions about your employment options during the green card process.
Tags: change employer, EB-2, EB-3, employment-based, green card, immigrant petition, permanent resident petition
Posted in FAQ Employment-Based Green Card, Immigrant Visas | Read More »
Are there any situations in which I may extend my H-1B status beyond 6 years?
The general rule is that H-1B status may be granted for a maximum period of 6 years. Typically, an individual who has reached 6 years must depart the U.S. at the end of the 6th year. If an individual leaves the country and stays outside the U.S. for one year or more, he/she is eligible to apply for another 6 years in H-1B status, but will be subject to the annual cap (quota).
There are two exceptions that allow an individual to remain in the U.S. beyond the 6-year maximum without having to return home. First, H-1B status may be extended beyond 6 years if a labor certification application (also known as, a PERM application), an I-140 immigrant petition, or an adjustment of status application was filed on the H-1B holder’s behalf at least 365 days prior to the expiration of his/her current H-1B status, and the case is still pending.
Under this exception, H-1B status may be extended in 1-year increments until there is a decision on the application or petition. Second, H-1B status may be extended beyond 6 years for any person who is the beneficiary of a first, second, or third employment-based petition, who, due to per country limitations (i.e. availability of a visa) is unable to file for or obtain immigrant status. For this exception to apply, the individual must have an approved I-140 immigrant petition.
Under this exception, H-1B status may be extended in 3-year increments until a visa number is available and there is a decision on the adjustment of status (“green card”) application.
If you require the assistance of an immigration attorney with questions regarding your H-1B status and eligibility for extensions, please don’t hesitate to contact our office.
Tags: 6-year maximum, AC21, employment-based green card, h-1b extension
Posted in FAQ Employment-Based Green Card, FAQ H-1B, H-1B | Read More »
