EB-5 Visa Pathway: Turn Your Foreign Funds into U.S. Residency
EB-5 Investment must meet the proper criteria and be at risk.
PERM and 245(i): Am I or Am I Not Under It?
Question: I have heard a great deal of 245(i) and how people who are here illegally can still adjust status in order to obtain Lawful Permanent Residency. I can’t figure out who is under 245(i) and who is not. Can you explain? Answer: In general, 245(i) allows someone who filed either a Labor Certification or …
PERM: More on Terrorism.
Question: I have heard a great deal of new regulations and rules regarding anti-terrorism efforts. Have there been any new provisions recently that have been added? Answer: Yes. If you are in Immigration Court and have submitted several different types of applications, there is a new procedure being implemented which is another layer of security …
Why am I penalized because my father became a U.S. Citizen?
Question: I have been waiting many years to become a Lawful Permanent Resident. My father petitioned me many years ago. My priority date was almost current, and then my father became a U.S. Citizen. Afterwards, I actually had to wait many more years. He only became a U.S. Citizen because he thought it would speed …
PERM: Backlog Reduction: What does it mean?
Question: I have had a Labor Certification pending for several years. I understand the new PERM process is the new way of doing a Labor Certification. However, I am thinking that I would like to keep my current Labor Certification without converting it to PERM. How can I do this? Answer: All of the current …
PERM: Can I bring in my babysitter?
Question: I understand that PERM applications are greatly expediting the Labor Certification process. Could you let me know if I can bring my babysitter and domestic helper into the United States under the PERM program? Answer: Yes, it is possible under PERM. It does require a significant amount of detailed documentation to be successfully file …
PERM: It is the same process to see if a candidate is not qualified for the position?
Question: I understand that PERM applications will be able to be filed starting at the end of March. Also, I understand that there has to be pre-recruitment prior to the filing of the PERM application. My question is whether the process to see whether an applicant is qualified or not qualified for the position is …
PERM: I can get my Green Card much faster!
Question: I have heard a great deal about the new PERM program. Specifically, that it will take only 60 days or less to rule on the PERM application once it is submitted to the Department of Labor. Does this mean that I can immediately apply for a Green Card after receiving an approved Labor Certification? …
PERM: What to do about the Prevailing Wage?
Question: I know that PERM is the new way for Labor Certifications to be done. However, I am unclear how to determine what type of wage should be paid for the position. Can you clarify? Answer: This would be known as the prevailing wage. This is typically the same wage that someone of similar type …
PERM: How to advertise?
Question: I know that PERM is now going to be the way that Labor Certifications are supposed to be done. However, I am very confused on how to do the advertising. Can you please let me know what must be done? Answer: There are very specific rules for advertising. However, there are also requirements that …
H-1B’s and a Holiday Greeting!
Question: I have heard that there are some new H-1B laws that have come out. Can you discuss what these changes are? Answer: Changes in Certain USCIS Fees as a result of the approval of the FY05 Omnibus Appropriations Act The H-1B and L non-immigrant provisions of the Omnibus appropriations Act reinstate the American Competitiveness …
I thought H-1B’s were dead!
Question: I have heard that H-1B’s were all used up for this fiscal year on the very first day. I have my Masters in Business Administration and was hoping to get an H-1B. Is there anything I can do? Answer: Actually, there have been new H-1B provisions which have been passed by both the House …
Door is Closed for Professionals
Question: I came here on a visitor visa 3 months ago and now I would like to apply for the H-1B. What must I do? Answer: Unfortunately, you are too late for this years allotment. As of October 1, 2004, all H-1B’s have been allotted for the next fiscal year until October 1, 2005. Thus, …
I can get my Green Card back after having a deportation order?
Question: I was young and committed in a crime in 1994. Even though I had my Green Card for years, I was put into deportation proceedings in 2001 and was ordered deported. I am still in the U.S. Is there anything I can do? Answer: The Department of Justice (Department) published a proposed rule to …
LULAC and CSS are back!
Question: I have been in the U.S. for many years. Years back I applied under LULAC and was rejected. I know that there have been court cases on this matter for years. Is there any hope that it will come back or that I will be able to apply under CSS again? Answer: You are …