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Immigration News !
Disclaimer! The content available on this web site is not intended to be a legal advice. Before making any decision regarding your US immigration, you should consult with the immigration Attorney. Benchfolks.com does not guarantee the issuance of a visa, and our services are restricted to providing information only. RSS feeds and Hyper links on the site direct to other websites maintained by other public or private organizations. Content and the web links are provided as an ease access to you, and are not endorsed by www.benchfolks.com. No warranty about the accuracy, or any other aspect of the content contained on other web sites are provided. When readers select a link to an external website, they are leaving the benchfolks.com site and are subject to the privacy and security policies of the owners/sponsors of the external website. The information contained on a linked website does not control or guarantee the accuracy, relevance, timeliness or completeness.The information / content mentioned here is subject to change. Further more, changes may be made in this content very often without any prior notice to the visitors who are browsing our site. In no circumstances will www.benchfolks.com be liable to any party for any direct, indirect, special or other consequential damages from any use of the content provided. Greencard!
Five categories comes inside
Know about Greencard BY GETTING AN GREENCARD YOU WILL ACQUIRE GREEN SIGNAL FOR PERMANENT VISA IN USA.IT MAKES YOU IN TO POSITION OF AN PERMANENT RESIDENT IN USA AS WELL AS YOU GET FULL LEGAL RIGHTS TO WORK IN USA.AND THUS GETTING AN GREENCARD IT MAKES YOU ELIGIBLE FOR APPLYING FOR CITIZEN OF USA. AND ALSO GREENCARD DOES NOT INTERFERE YOUR PRESENT CITIZENSHIP. wHEN YOU GET THE GREENCARD IT MAKES YOU GO ANYWHERE AND COMEBACK TO USA FOR YOUR ANY REQUIREMENTS SUCH AS FROM YOUR JOB TO HIGHER STUDIES TO SETTING UP AN BUISNESS IN USA TO ALL MEANS AS YOU WILL BE TREATED AND GIVEN RIGHTS AS EQUAL AS AN AMERICAN CITIZEN IT DOES NOT CANCELS OR CRASHES. OUT YOUR PREVIOUS COUNTRY CITIZENSHIP AND HENCE YOU CAN STARTUP YOUR OWN BUISNESS OR EXPAND YOURS WITHOUT ANY PROBLEMS OR INTERFERENCE WITH EASE. AND THUS GREENCARD PROVIDES YOU BENEFITS AS AN AMERICAN CITIZEN WITHOUT CANCELLING YOUR NATIVE COUNTRIES CITIZENSHIP. HOW DOES EMPLOYER GETS AN GREENCARD FOR HIS EMPLOYEE Employee gets filed for a Greencard through his employer and it has some stage level process involves various steps combined with various documentation filed up moving up as per the rules and regulations to acquire the Greencard. It involves various categories to acquiring the Greencard based on there Employment skills, and the technical workers generally fall under three categories they are EB1 EB2 AND EB3Typically the employment based Greencard is an 4 lined stage process » stage 1Labor Certification » stage 2 Petition for immigration I-140 The applicants employer files the application (I-140) for immigration petition. » stage 3 Adjustment of Status ( I-485) OR Consular Processing The applicant files I-485 with his other supporting documents with USCIS, for the applicant himself and for his family in usa , at this time he can also apply for or EAD ( Employment Authorization Document) and AP ( Advance Parol or Travel Document) , and when the applicants files for I-485 he is made to do finger printing. And stage 2 and stage 3 can always go the same time on parallel which is otherwise known as concurrentfiling but without the approval of I-140 you cant get I-485 approved. OR US consulate in your Home Country. Takes an consular processing Interview.» stage 4 In this stage atlast you get an stamping on your passport and hence receiving the Greencard. EB CATEGORIES! 1. Employment-Based First Preference (EB1)
EB-1 Priority Workersa)Persons Of extradinary ability the field of Sciences, art, education, business or atheleticsb)Outstanding professors and researchers c) Multinational Executives and Managers No labor certification is needed for the above mentioned EB-1 petitions. While the EB-1 worker of extraordinary ability may petition for himself or herself. However an employer is a must to file the petition for an outstanding professor or researcher and a multinational executive or manager. a)Persons Of extradinary ability in the field of Sciences, art, education, business or athletics The worker may also submit "other comparable evidence" if the following criteria do not apply: » Receipt of lesser nationally or internationally recognized prizes or awards for excellence; » Membership in associations in the field which demand outstanding achievement of their members; » Published material about the alien in professional or major trade publications or other major media; » Evidence that the alien has judged the work of others, either individually or on a panel; » Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field; » Evidence of the alien's authorship of scholarly articles in professional or major trade publications or other major media; » Evidence that the alien's work has been displayed at artistic exhibitions or showcases; » Performance of a leading or critical role in distinguished organizations; » Evidence that the alien commands a high salary or other significantly high remuneration in relation to others in the field; » Evidence of commercial successes in the performing arts. b)Outstanding professors and researchers The labor certification requirement for the green card application are granted a waiver for persons qualifying in the EB1 category of "Outstanding Researcher or Outstanding Professor" (EB1-OR). However they must have an offer of employment. Evidence that the professor or researcher is recognized as outstanding in the academic field must include documentation of at least two of the following: » Receipt of major prizes or awards for outstanding achievement; » Membership in associations that require their members to demonstrate outstanding achievements; » Published material in professional publications written by others about the alien's work in the academic field; » Participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field; » Original scientific or scholarly research contributions in the field; » Authorship of scholarly books or articles (in scholarly journals with international circulation) in the field C) Multinational Executives and Managers Requirements- Employer is a must Labor Certification –Not Required The petitioner must be a U.S. employer, doing business for at least one year, that is an affiliate, a subsidiary, or the same employer as the firm, corporation or other legal entity that employed the foreign national abroad.
Members of the professions holding advanced degrees or their equivalent
Requirements- Employer is a must Labor Certification –Not Required A petition for a foreign professional holding an advanced degree may be filed when the job requires an advanced degree (beyond the baccalaureate) and the alien possesses such a degree or the equivalent. The petition must include documentation, such as an official academic record showing that the alien has a U.S. advanced degree or a foreign equivalent degree. The petition can also for alien who has a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that the alien has at least 5 years of progressive post-baccalaureate experience in the specialty. Exceptional Ability in the Sciences, Arts, or BusinessRequirements- Employer- Required Labor Certification – Required In order to be classified as having exceptional ability in the sciences, arts, or business , the individual must provide documentation of three of the following: » Letters documenting at least ten years of full-time experience in the occupation being sought;<br>» An official academic record showing the alien has a degree, diploma, certificate or similar award from a college, university, school or other institution of learning relating to the area of exceptional ability; » A license to practice the profession or certification for a particular profession or occupation; » Evidence that the alien has commanded a salary or other remuneration for services which demonstrates exceptional ability; » Membership in professional associations. » Recognition for achievements and significant contributions to the industry or field by peers, government entities, professional or business organizations. National interest Waiver Requirements- Employer –Not required Labor Certification –Not Required If you are a worker with exceptional ability in the sciences, arts, or business, you may apply to waive the requirement that you have a job offer if such a waiver would be in the national interest. To apply for a national interest waiver, you must submit Department of Labor Form ETA-750B.
» Aliens with at least two years of experience as skilled workers; » Professionals with a baccalaureate degree; and » Other workers with less than two years experience, such as an unskilled worker who can perform labor for which qualified workers are not available in the United States . Skilled worker This require at least two years of experience or training. The training requirement may be met through relevant post-secondary education. Professionalsmust hold a U.S. baccalaureate degree or foreign equivalent degree that is normally required for the profession. Education and experience may not be substituted for the degree. Other workersThis category is for positions that require less than two years of higher education, training, or experience. However, due to the long backlog, a petitioner could expect to wait many years before being granted a visa under this category.
EB-1 Priority workers-
» Foreign nationals of extraordinary ability in the sciences, arts, education, business or athletics. » Foreign national that are outstanding professors or researchers. » Foreign nationals that are managers and executives subject to international transfer to the United States. EB-2 Professionals with advanced degrees or persons with exceptional ability » Foreign nationals of exceptional ability in the sciences, arts or business. » Foreign nationals that are advanced degree professionals. » Qualified alien physicians who will practice medicine in an area of the U.S. which is underserved. Read more about this particular program. EB-3 Skilled or professional workers » Foreign national professionals with bachelor's degrees (not qualifying for a higher preference category) » Foreign national skilled workers (minimum two years training and experience) » Foreign national unskilled workers. labor!
a)New Process- PERM
b)Regular Process and RIR The PERM Process also known as Program Electronic Review Management System is a new method of processing of labor certification applications. The PERM process has been intended to speed up the Labor Certification process..It replaces the earlier regular and RIR methods of getting labor certification. All labor certifications filed on or after March 28 ,2005 should be file under the new PERM process. it basis of 1.PERM-Application
The employer must complete an Application for Permanent Employment Certification (ETA Form 9089). The application describes in detail the job duties, educational requirements, training, experience, and other special capabilities the employee must possess to do the work, and a statement of the prospective immigrant's qualifications
Applications submitted by mail must contain the original signature of the employer, alien, and preparer, if applicable, when they are received by the processing center. Applications filed electronically must, upon receipt of the labor certification issued by ETA, be signed immediately by the employer, alien, and preparer, if applicable, in order to be valid.
Prior to filing ETA Form 9089, the employer must request a prevailing wage determination from the State Workforce Agency (SWA) having jurisdiction over the proposed area of intended employment. The employer is required to include on the ETA Form 9089 the SWA provided information: The prevailing wage,The prevailing wage tracking number (if applicable), The SOC/O*NET (OES) code, The occupation title, the skill level, The wage source, The determination date The expiration date.
The employers filing the ETA Form 9089 must attest, in addition to other following conditions of employment. The employer must recruit under the standards for professional occupations set forth in 20 CFR 656.17(e)(1) if the occupation involved is on the list of occupations, published in Appendix A to the preamble of the final PERM regulation, for which a bachelor's or higher degree is a customary requirement. For all other occupations not normally requiring a bachelor's or higher degree, employers can simply recruit under the requirements for nonprofessional occupations at 20 CFR 656.17(e)(2). Although the occupation involved in a labor certification application may be a nonprofessional occupation, the regulations do not prohibit employers from conducting more recruitment than is specified for such occupations. The employer must categorize the lawful job-related reasons for rejection of U.S. applicants and provide the number of U.S. applicants rejected in each category. The recruitment report does not have to identify the individual U.S. workers who applied for the job opportunity
Supporting documentation need not be filed with the application, but the employer must provide the required supporting documentation if the employer's application is selected for audit or if the Certifying Officer otherwise requests it.
The employer is required to retain all supporting documentation for five years from the date of filing the Application for Permanent Employment Certification. For example, the SWA prevailing wage determination documentation is not submitted with the application, but it must be retained for a period of five years from the date of filing the application by the employer
If a job order has not been placed pursuant to the regulations in effect prior to March 28, 2005, an employer may refile by withdrawing the original application and submitting, within 210 days of withdrawing, an application for an identical job opportunity which complies with all requirements of the new PERM regulation.
The employer has the option of filing an application electronically (using web-based forms and instructions) or by mail. However, the Department of Labor recommends that employers file electronically. Not only is electronic filing, by its nature, faster, but it will also ensure the employer has provided all required information, as an electronic application can not be submitted if the required fields are not completed. The employer can access a customer-friendly web site (www.plc.doleta.gov) and, after registering and establishing an account, electronically fill out and submit an Application for Permanent Employment Certification, ETA Form 9089. Registration. To better assist employers with processing the Application for Permanent Employment Certification, the electronic Online Permanent System requires employers to set up individual accounts. An employer must set up a profile by selecting the appropriate profile option in the Online System. By completing an Employer Profile, you will be able to: » Save time by pre-populating your general information» View the status of your labor certification applications online » Update your profile information online » Track newly submitted labor certification applications » Email saved labor certification applications to others within the company » Add new users to your account » Withdraw labor certification applications no longer needed
National Processing Centers are established in Atlanta and Chicago. Employers submit paper applications to the processing center with responsibility for the state or territory where the job opportunity is located. Applications can be mailed directly to the appropriate centralized processing center. The addresses of the processing centers will be listed at http://www.workforcesecurity.doleta.gov/foreign/ Applications filed by mail must bear the original signature. A priority date will be assigned as of the date of receipt, provided the form is accepted for filing
If the appropriate National Processing Center approves the application, the ETA Form 9089 is "certified" (stamped) by the Certifying Officer and returned to the employer/agent who submitted the application. Immigration forms!
» US Visa and Immigration forms
Visa and Immigration forms and Samples » Miscellaneous forms US Passport, Address Change, Tax ID/TIN etc » Miscellaneous forms for NRIS Passport application, Visa, PIO card, OCI application » Sample Documents and templates US Passport, Address Change, Tax ID/TIN etc
US Visa and Immigration Forms
Miscellaneous Forms!
Miscellaneous Forms for NRIS! Immigration Links! » Greencard related » US Citizenship & Immigration Services (USCIS) » US Department of State Greencard Related DOL Department of labor Department of labor regional website Processing Time State Dept of Labor processing time INS Processing Times (California, Nebraska, Texas, Vermont ) Consular Processing Consular Processing Tracker Greencard information and FAQ? INS website Immigration.com Murthy.com What is Greencard!
Know about Greencard
BY GETTING AN GREENCARD YOU WILL ACQUIRE GREEN SIGNAL FOR PERMANENT VISA IN USA.IT MAKES YOU IN TO POSITION OF AN PERMANENT RESIDENT IN USA AS WELL AS YOU GET FULL LEGAL RIGHTS TO WORK IN USA.AND THUS GETTING AN GREENCARD IT MAKES YOU ELIGIBLE FOR APPLYING FOR CITIZEN OF USA. AND ALSO GREENCARD DOES NOT INTERFERE YOUR PRESENT CITIZENSHIP. wHEN YOU GET THE GREENCARD IT MAKES YOU GO ANYWHERE AND COMEBACK TO USA FOR YOUR ANY REQUIREMENTS SUCH AS FROM YOUR JOB TO HIGHER STUDIES TO SETTING UP AN BUISNESS IN USA TO ALL MEANS AS YOU WILL BE TREATED AND GIVEN RIGHTS AS EQUAL AS AN AMERICAN CITIZEN IT DOES NOT CANCELS OR CRASHES. OUT YOUR PREVIOUS COUNTRY CITIZENSHIP AND HENCE YOU CAN STARTUP YOUR OWN BUISNESS OR EXPAND YOURS WITHOUT ANY PROBLEMS OR INTERFERENCE WITH EASE. AND THUS GREENCARD PROVIDES YOU BENEFITS AS AN AMERICAN CITIZEN WITHOUT CANCELLING YOUR NATIVE COUNTRIES CITIZENSHIP. H1-B! Individual visas are available for an temporary professional worker who has an four year bachelors degree from or out of US who is requiring an professional position with a United states Employer. Work experience of three years in a particular field will be considered as equivalent for each year university education in the 4 years of bachelors degree. The visas can be permitted till six years and this can also make a lead to get the permanent residency in USA. For a fiscal year in US which starts from the October every year .There are around 65,000 H1B visas issued every year. . Exceptions from the quota for H1B hired by institutions of higher learning,affiliated research organizations, non profit research organizations and government research organizations. This exception is around 6000 to 10000 H1B visas per year.There are also additional 20,000 New H-1B Visas available and to qualify for this the immigrant workers must hold a graduate degree from U.S universities. Who is a H1B sponser? The sponsor must be an US employer. This employer must have a US taxpayer identification number. Foreign business which is not established yet in the US cannot use this visa to bring employees to US.
To obtain a approved Labor condition application, the employer must produce and file a labor condition application(LCA) with the nearest regional office of DEPARTMENT Of LABOR(DOL). the LCA form must be framed very much carefully and posted in two conspicuous places at the work site. The form requires the employer to elaborate and describe the empoloyees position and the salary. The LCA also wants the employer who is sponsoring the employee to attest the complex facts concerning the wage, working conditions,labor conditions and giving of notice and so on.
If the LCA is approved, the employer files a petition with the USCIS.And the employer must also document the position which requires an service of the employee filed in the speciality of the concerned occupation. It means that the employee working in a professional position and has an minimum of bachelors degree or its equivalent. To be eligible for H1B ,you should have a job offer from a U.S . employer and your employer is able and willing to pay you salary equivalent to U.S employees engaged in a comparable position in the same field. Along with this requirement you should be able to satisfy any one of the below conditions. CONDITION 1: Do you have an Phd or MasterDegree CONDITION 2: You have just possessed an three years degree but have done 12 years of schoolings apart from the degree you have done, but have minimum of 3 years of work experience in the field related to your education or to the field in which you are seeking an employment with US employer. CONDITION 3: You are having an associated degree apart from the 12 years of schooling you have done, but have 6 years of experience in the related degree or on the field in which you are seeking an employment with US employer. CONDITION 4: You are high school graduate alone of 12 years ? but have an 12 years of experience in the field in which you are seeking an employment with US employer. What is H1-B! Individual visas are available for an temporary professional worker who has an four year bachelors degree from or out of US who is requiring an professional position with a United states Employer. Work experience of three years in a particular field will be considered as equivalent for each year university education in the 4 years of bachelors degree. The visas can be permitted till six years and this can also make a lead to get the permanent residency in USA. For a fiscal year in US which starts from the October every year .There are around 65,000 H1B visas issued every year. . Exceptions from the quota for H1B hired by institutions of higher learning,affiliated research organizations, non profit research organizations and government research organizations. This exception is around 6000 to 10000 H1B visas per year.There are also additional 20,000 New H-1B Visas available and to qualify for this the immigrant workers must hold a graduate degree from U.S universities. Who is a H1B sponser? The sponsor must be an US employer. This employer must have a US taxpayer identification number. Foreign business which is not established yet in the US cannot use this visa to bring employees to US.
To obtain a approved Labor condition application, the employer must produce and file a labor condition application(LCA) with the nearest regional office of DEPARTMENT Of LABOR(DOL). the LCA form must be framed very much carefully and posted in two conspicuous places at the work site. The form requires the employer to elaborate and describe the empoloyees position and the salary. The LCA also wants the employer who is sponsoring the employee to attest the complex facts concerning the wage, working conditions,labor conditions and giving of notice and so on.
If the LCA is approved, the employer files a petition with the USCIS.And the employer must also document the position which requires an service of the employee filed in the speciality of the concerned occupation. It means that the employee working in a professional position and has an minimum of bachelors degree or its equivalent. Eligibility for H1-B! To be eligible for H1B ,you should have a job offer from a U.S . employer and your employer is able and willing to pay you salary equivalent to U.S employees engaged in a comparable position in the same field. Along with this requirement you should be able to satisfy any one of the below conditions. CONDITION 1: Do you have an Phd or MasterDegree CONDITION 2: You have just possessed an three years degree but have done 12 years of schoolings apart from the degree you have done, but have minimum of 3 years of work experience in the field related to your education or to the field in which you are seeking an employment with US employer. CONDITION 3: You are having an associated degree apart from the 12 years of schooling you have done, but have 6 years of experience in the related degree or on the field in which you are seeking an employment with US employer. CONDITION 4: You are high school graduate alone of 12 years ? but have an 12 years of experience in the field in which you are seeking an employment with US employer. H1-B application checklist !
Inside USA A .Changing Status from F-1 to H1-B
1. COPY OF passport with all visible stamps.(F-1 Visa)
B .Changing Status from H4 to H1-B2. COPIES OF I-20 (3 PAGES TOTAL) 3. COPIES OF EAD CARD IF APPICABLE IF ON PRATICAL TRAINING, PLEASE INCLUDE EMPLYOMENT GAINED IN THE UNITED STATES. 4. I-94 COPIED CLEARLY REFLECTING ALL DATES OF ARRIVAL 5. SSN (if applicable) 6. RESUME 7. EXPERIENCE LETTERS – if available 8. DEGREES –masters and bachelors 9. MARKSHEETS – masters and bachelors – copy of official transcripts of any US degree 10. Passport (1st and last page; and all pages with markings/stampings on them)
1. If on H-4 PLEASE ATTACH A COPY OF SPOUSE H1-B
C .Changing Status from L1 to H1-B 2. COPY OF SPOUSE PAYSTUBS (Recent 3MONTHS) 3. COPY OF SPOUSE I-94 4. Marriage certificate 5. Birth certificate (for children) 6. I-94 COPIED CLEARLY REFLECTING ALL DATES OF ARRIVAL 7. COPIES OF I-94 IF other FAMILY members are IN USA. 8. SSN (if applicable) 9. RESUME 10. EXPERIENCE LETTERS – if available 11. DEGREES –masters and bachelors 12. MARKSHEETS – masters and bachelors – copy of official transcripts of any US degree 13. Passport (1st and last page; and all pages with markings/stampings on them)
1. MONTHS PAY STUBS FROM PREVIOUS EMPLOYER
D .Changing Status from L2 to H1-B 2. I-94 COPIED CLEARLY REFLECTING ALL DATES OF ARRIVAL 3. COPY OF EDUCATIONAL EVALUATIONS (IF APPLICABLE) 4. SSN (if applicable) 5. RESUME 6. EXPERIENCE LETTERS – if available 7. DEGREES –masters and bachelors 8. MARKSHEETS – masters and bachelors – copy of official transcripts of any US degree 9. Passport (1st and last page; and all pages with markings/stampings on them)
1. Spouse L1 Copy 2. Marriage certificate 3. EAD card 4. MONTHS PAY STUBS FROM PREVIOUS EMPLOYER if worked n EAD 5. I-94 COPIED CLEARLY REFLECTING ALL DATES OF ARRIVAL 6. COPY OF EDUCATIONAL EVALUATIONS (IF APPLICABLE) 7. SSN(if applicable) 8. RESUME 9. EXPERIENCE LETTERS – if available 10. DEGREES –masters and bachelors 11. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||