Generally, the first step in obtaining permanent residence (“green card”) on behalf of a foreign worker is labor certification. Labor certification is the process of proving that there are no qualified U.S. workers for the position being offered to the foreign worker. Indeed, labor certification’s stated goal is to “protect U.S. workers and the U.S…. Read More
EB-3 Visa
Does the employer have to demonstrate an employer/employee relationship with the foreign worker?
Yes. There must be an employer/employee relationship between the U.S. employer and the foreign worker. Generally, the relationship is demonstrated by the fact that the U.S. employer may hire, pay, fire and supervise or otherwise control the foreign worker’s work.
What is a ‘prevailing wage’?
The term ‘prevailing wage’ rate is defined as 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.
How long is NVC processing?
The Immigration and Nationality Act (INA) limits the number of family based immigrant visas that are issued each year based on a preference category. Each preference category is assigned a number of immigrant visas. In addition, there is a limit to the percentage of immigrant visas that can be allotted to each country in a… Read More
How long does it take the USCIS to process a permanent residence application?
After the marriage petition and permanent residence application are filed, the USCIS will issue receipt notices. At the interview, the USCIS officer will question you and your foreign spouse in detail with respect to the specifics of your marriage in order to determine its legitimacy. Further, you and your foreign spouse will be required to… Read More
Why would the USCIS deny a permanent residence application?
The USCIS might deny a permanent residence application a variety of reasons. From an administrative perspective, permanent residence applications can be denied for failing to present requested documents, a divorce decree for example; fraudulently completing documents, criminal history or failing to provide adequate evidence of ability to financially support the foreign spouse. From a relationship… Read More
What is the government filing fee for a permanent residence application?
A permanent residence application is termed an Application to Register Permanent Residence or Adjust Status (form I-485). At present, the filing fee is $1070. Separate filing fee for child(ren) (under 14 $635) and (14 and over $1070). The fee includes an Application for Travel Document (form I-131), Application for Employment Authorization (form I-765) and a… Read More
What is Biometrics (Fingerprinting)?
The foreign spouse is sent a notice to appear at the USCIS District Office in order for biometrics (fingerprints) to be captured. This allows the USCIS to perform a background check of your foreign spouse.
What is an Application for Travel Document?
An Application for Travel Document (form I-131) is filed in the United States by the foreign spouse of a U.S. citizen with the United States Citizenship and Immigration Services (USCIS) along with the permanent residence application to request issuance of an Advanced Parole Document to allow the foreign spouse to depart and re-enter the United… Read More
What is an Application for Employment Authorization?
An Application for Employment Authorization (form I-765) is filed in the United States by the foreign spouse of a U.S. citizen with the United States Citizenship and Immigration Services (USCIS) along with the permanent residence application to request issuance of an Employment Authorization Document (EAD) to allow the foreign spouse to work legally in the… Read More