Category Archive How to Get a Green Card by Employment

ByStaff

Working in the U.S. Without a Green Card? Learn How to Apply for One

There are many ways to obtain a green card as a worker. Some of the categories that may be approved for a worker’s green card are: offer of permanent employment, entrepreneurship, investment, special or particular skills. There are also certain fields of work currently allowing green card applications as workers. If you have a job offer for permanent work, you can apply for your green card from both inside and outside the U.S. but the procedure does differ.

If you are living in the U.S., you must first submit a petition for status as an immigrant worker. After your petition there is a waiting period for a visa. After your visa becomes available, you can apply for your green card as a permanent worker. Your ability to prove your eligibility as a permanent worker with a job offer will aid in the green card process.

If you are not yet living in the United States, submit your petition as a worker from your country of origin. After your application is submitted, there will be a waiting period for an available visa. Once your visa is approved, you may travel to the U.S. for residence.

For more information on obtaining a green card, contact immigration attorney Phillip Kim.

(559) 761-9472

ByStaff

The LIFE Act: All About the I-130, the I-140, and the Labor Certification

The Legal Immigration Family Equity (LIFE) Act allows some people to get a permanent residence card regardless of history of illegal presence in the U.S. In order to be eligible for the LIFE Act, you need to have had a petition for alien worker or relative (I-130 or I-140) filed on your behalf before April 30, 2001. You can also qualify to get a green card under the LIFE act if you have or have had labor certification.

The I-130 can be filed by U.S. citizens and legal residents on behalf of a relative who hopes to immigrate to the U.S. The petition for alien relative demonstrates a relationship between the pending immigrant and a lawful U.S. resident. The citizen or resident relative petitioner does not need to be present in the U.S. to file the petition for alien relative.
The I-140 Petition for Alien Worker must be filed by a U.S. employer on behalf of a future employee wishing to become a permanent resident.

You can also use a labor certification to get Section 245 protection. Labor certification is given through the U.S. Department of Labor to skilled workers or to unskilled workers who will be performing unfilled jobs in the U.S. market. Labor certification is filed by a petitioner, your U.S. employer. If your petition for Labor Certification was revoked or denied by Immigration and Naturalization Services (INS) at any time since you filed (before April 30, 2001) the LIFE Act may still allow you to use this petition to gain permanent residence.

Denial of your petition for labor certification does not automatically disqualify you from getting section 245 protection, as long as you filed before April 30, 2001. If your labor certification petitioner is no longer able to be responsible for your petition when you attempt to get a green card, you may still be eligible to be included. Examples could include the death of your petitioner, a divorce from your petitioner, your employer is no longer in business, and so on.

If you have petitioned for the proper immigration provisions or have petitioned for labor certification, you may be eligible to get a green card for permanent residence under the LIFE act.

For more information and help with petitioning for residence and other immigration services, contact immigration attorney Phillip Kim.

(559) 761-9742

ByStaff

What is the EB-2 Status Work Visa?

Permanent workers in the U.S. under EB-2 preference demonstrate that they are educated and/or highly skilled in their professional area. With EB-2 Preference, you will be granted a visa that is eligible for permanent residence status. That means you can use your EB-2 visa to get your green card and permanently relocate to the U.S.

There are 3 major areas of eligibility for the EB-2:

  1. Your prospective job requires an advanced degree which you have. An advanced degree is defined as above a U.S. bachelors or its foreign academic equivalent. It’s also acceptable to apply with a bachelor’s (or its equivalent) and 5 years relevant professional experience doing your prospective job. If you plan to substitute work experience for an advanced degree, show that your employment was progressive and that you attained a higher level of knowledge or esteem during this time. Any academic degrees must be proven through proper documentation. Applicants in this area must also have a Labor Certification Application submitted to the U.S. Department of Labor by their prospective employer on their behalf.
  2. You have exceptional professional ability in a field of the arts, sciences, or business. Entrepreneurs are eligible to get EB-2 status. Skilled or talented applicants in this category of eligibility must also have a Labor Certification Application filed on their behalf by the prospective U.S. employer. Your application should provide documentation.
  3. Eligibility with a National Interest Waiver. The National Interest waiver takes the place of the Labor Certification requirement for the other applicants. National Interest Waiver applicants are claiming and must demonstrate that the U.S. would greatly benefit from their immigration and absorption into the U.S. economy. National Interest Waivers are self-petitioners and do not need to have prospective employment in order to apply for a permanent work visa. If you are granted a National Interest Waiver, you do not need to have labor certification. You can petition for a NIW as an entrepreneur.

If you are eligible for EB-2 status visa in the second or third eligibility category, you must meet at least 3 of the following criteria:

  • documents demonstrating educational attainment, including academic records, certificates, etc.
  • documentation of at least 10 years full-time relevant professional experience
  • a professional license or certificate qualifying you to practice your trained profession
  • evidence that your professional experience was salaried, paid work
  • commendations of skill or experience from peers, associations, or the government
  •  membership (or past membership) in professional associations in your field of work

For the EB-2 status visa, your family can also apply to travel with you as permanent residents with EB-2 status. Qualifying family are spouses and unmarried children under 18 years old.

For more information and help with getting a visa, contact immigration attorney Phillip Kim.

ByStaff

Employment in the U.S.: Do You Qualify for an H-1B Visa?

H-1B visas apply to people who want to come to the U.S. to perform special services or work on the basis of exceptional merit. You can live in the U.S. for 3 years and this time can be extended up to 6 years.
If you would like to be considered for an H-1B visa for specialty occupations, one of the following must be true about your job.

 

  • The job requires someone who has a Bachelor’s degree or higher. In some countries, the Bachelor’s degree is known by another name – that is fine as long as it is equivalent to a Bachelor’s degree.

 

  • Secondly, it must be true that the employer normally needs someone with a degree to work. It also has to be normal for the industry to require a degree from workers. For example, it is a common rule that doctors, teachers, or engineers to have some form of degree in order to work. Restaurant or gas station jobs do not require special degrees from its workers.

 

  • The job can also be so complicated that it cannot be done by a worker who does not have a degree or Bachelor’s degree.

If your job meets just one of the conditions listed above, the first check has been completed. You are now ready to determine if you meet the criteria to apply for an H-1B visa. In order to be eligible, you must meet one of the following conditions.

 

  • You must hold a U.S. Bachelor’s degree or its foreign equivalent that is required by your employer at an accredited university or college.

 

  • Or, you must have a license that indicates that you are authorized to work in the state where you are employed. If you are planning on working in California, your license should state that you are permitted to practice your employment in this state.

If you don’t fall into the categories listed, you still have a chance at being accepted for an H-1B:

  • Have you worked or trained in a job enough that you now have the education and expertise of someone who has a degree? Then you might qualify. It is necessary that your knowledge of the field is recognized through advanced employment positions that indicate your level of training in the field.

If your job satisfies one of the criteria above and you educational or employment history indicates that you meet one of the criteria as well, then you may have a chance at receiving an H-1B visa. Other factors must be taken into consideration like the H-1B cap. Every fiscal year, 65,000 H-IB visas are granted to workers. If you have an advanced degree, higher than a Bachelor’s, then you may be exempt from the cap. Also, extra visas are set aside every year for workers from Chile and Singapore. Otherwise, your application may be rejected due to the limit per year. Contact an immigration attorney for more information about the fiscal year cap and whether or not you qualify for an H-1B visa.

 
Because determining your eligibility is a complicated task, it is recommended that you seek the assistance of an attorney. If you have any questions about the H-1B visa, please contact Immigration Attorney Phillip Kim.

ByStaff

EB-3 Permanent Worker Visa

The EB-3 permanent worker visa is for permanent workers falling into 3 categories: skilled workers, unskilled workers, and professionals. All visas for permanent workers (EB visas) can be used to file for permanent residence status, also known as getting your green card.

A “skilled worker” is any worker with at least 2 years of job training or experience in the field. A “professional” is anyone with a U.S. baccalaureate degree or equivalent. You should be planning to work in a field that normally requires you level of education and that the work you will be doing does not have other qualified workers already in the U.S. For professionals, you cannot exchange experience for education. An “Unskilled worker” should be able to work for at least 2 years in an unskilled position. An unskilled position is one that needs less than 2 years of training or experience. The position cannot be seasonal.

If you are an EB-3 visa holder, your spouse can also be admitted into the U.S. Your children may also be admitted with you if granted EB-3 status.

Visas to permanent workers are limited in number each year. Likewise, visas for all 3 categories’ of EB-3 are widely sought after and there may be a wait, especially for the unskilled worker category. Each step of the application process may take processing time, governmental review, or other approval which could lengthen the time it takes to get your visa.
If you are eligible for the EB-3 status visa, there is a multi-step application process:

  1. Have your prospective employer file for Labor Certification on your behalf with the U.S. Department of Labor. All EB-3 status applicants must be granted Labor Certification. For more information about Labor Certification, see the LCA info page under “more…”
  2. Have your prospective U.S. employer file a petition for alien employee with the U.S. Citizenship and Immigration Services Office closest to where you will be working. This petition has a filing fee of $580 USD
  3. Apply for your permanent work visa. Be sure to include any necessary documents showing any claims about education, work experience, or personal information given in your application. If you are undergoing removal proceedings in the U.S. right now, you may have specific application instructions that will be given to you be the immigration court processing your removal.
  4. Once lawfully present in the U.S., apply for a change of status to get your permanent residence card.

For more information and help with getting a visa, contact immigration attorney Phillip Kim.

ByStaff

USCIS Redesigns Employment Authorization Document and Certificate of Citizenship

One of the most recent changes made to immigration and naturalization took place on October 25, 2011. In an effort to increase security and combat fraud, USCIS redesigned two official documents, making it harder for criminals to tamper or counterfeit the documents. Also, authenticating the documents is now easier and more accurate.

The two documents affected are the Employment Authorization Document (EAD) and the Certificate of Citizenship (form N-560).

The EAD has been changed so that the card number is now located on the front of the card, as is the case number. The immigrant’s fingerprint and picture are laser engraved, making it harder to illegally reproduce the card. The unique background design and holographic imaging also makes the EAD difficult to tamper with.

The Certificate of Citizenship has been redesigned to include a digital approval signature and watermark that is engraved directly in the paper. The printing process has been changed to make the certificates more fraud resistant. And updated physical security features make it harder to tamper with the official documents.

USCIS anticipates that over 1 million people will receive the new documents in 2012.

 

At the Law Offices of Phillip Kim, Inc. we seek to keep you up to date on the latest changes in immigration and citizenship programs. For more information, contact Attorney Phillip Kim

ByPhillip Kim

Green Card Through the Diversity Immigrant Visa Program by Immigration Attorney in Fresno

The Diversity Immigrant Visa Program makes 50,000 diversity visas available annually, drawn

from random selection among entries of individuals who are from countries with low rates of

immigration to the United States.

How To Get a Diversity Visa

The U.S. Department of State (DOS) holds a lottery each year to determine who gets one of

the 50,000 diversity visas available. You must apply through DOS during the online entry

registration period, which typically runs from October through December of each year.

Diversity visa lottery winners are notified by mail and, if they qualify, are granted a visa.

You cannot enter the diversity visa lottery through U.S. Citizenship and Immigration

Services.

Note: Citizens of some countries are not eligible to apply for the diversity lottery.

Eligibility Criteria

You may be eligible to obtain a green card (permanent residence) through the Diversity

Immigrant Visa Program if you meet all of the following conditions:

● You were selected for the Diversity Visa Lottery Program by the U.S. Department of

State
● An immigrant visa is immediately available to you at the time you file Form I-485,

Application to Register Permanent Residence or Adjust Status which can be determined by

reviewing the Visa Bulletin

● You are admissible to the United States

You may be eligible to obtain a green card as a derivative applicant through the Diversity

Immigrant Visa Program if you meet all of the following conditions:

● You are the spouse or child of the principal applicant
● An immigrant visa is immediately available to you at the time you file Form I-485
● You are admissible to the United States

Application Process

To obtain a green card through the Diversity Immigrant Visa Program you must file Form I-

485. However, you must wait until a visa is immediately available to file Form I-485,

otherwise your application will be rejected. To see if a visa is immediately available, check

the current DOS Visa Bulletin

Supporting Evidence for Form I-485
You should submit the following evidence with your Form I-485:

● Two passport-style photos
● Form G-325A, Biographic Information, if you are between 14 and 79 years of age
● Copy of government-issued photo identification
● Copy of birth certificate
● Copy of passport page with nonimmigrant visa (if applicable)
● Copy of passport page with admission (entry) stamp (if applicable)
● Form I-94, Arrival/ Departure Record (if applicable)
● Form I-693, Report of Medical Examination and Vaccination Record
● Applicable fees
● Certified copies of court records (if you have ever been arrested)
● Copy of the principal applicant’s selection letter for the diversity visa lottery from DOS
● Copy of the receipt for the processing fee of the diversity visa lottery from DOS
● Principal applicants must also submit evidence of a high school diploma or its equivalent,

or evidence of 2 years of work experience in an occupation requiring at least 2 years of

training or experience in the past 5 years.

Work & Travel Authorization
Generally, when you have a pending Form I-485, it is possible for you to apply for

authorization to work in the United States and to seek advance parole (advance permission

to travel and be admitted to the United States upon your return).
For More Information, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

ByPhillip Kim

Naturalization for Spouses of U.S. Citizens by Immigration Attorney in Fresno

In general, you may qualify for naturalization if you have been a permanent resident (green

card holder) for at least 3 years, have been living in marital union with the same U.S. citizen

spouse during such time, and meet all other eligibility requirements under this section.

In certain cases, spouses of U.S. citizens employed abroad may qualify for naturalization

regardless of their time as permanent residents.

General Eligibility Requirements

● Be 18 or older
● Be a permanent resident (green card holder) for at least 3 years
● Have been living in marital union with the U.S. citizen spouse, who has been a U.S.

citizen during all of such period, during the 3 years immediately preceding the date of filing

the application and up until examination on the application
● Have lived within the state, or US district with jurisdiction over the applicant’s place of

residence, for at least 3 months prior to the date of filing the application
● Have continuous residence in the United States as a lawful permanent resident for at

least 3 years immediately preceding the date of filing the application
● Reside continuously within the United States from the date of application for

naturalization until the time of naturalization
● Be physically present in the United States for at least 18 months out of the 3 years

immediately preceding the date of filing the application
● Be able to read, write, and speak English and have knowledge and an understanding of

U.S. history and government (civics)
● Be a person of good moral character, attached to the principles of the Constitution of

the United States, and well disposed to the good order and happiness of the United States

during all relevant periods under the law

Spouses of U.S. Citizens Employed Abroad

Generally, the spouse of a U.S. citizen who is employed by the U.S. government, including

the military, or other qualifying employer, whose spouse is stationed abroad in such

employment for at least 1 year, may be eligible for naturalization

In general, a spouse of a U.S. citizen employed abroad must be present in the United States

pursuant to a lawful admission for permanent residence at the time of examination on the

naturalization application and at the time of naturalization, and meet of all of the

requirements listed above except that:

● No specific period as a permanent resident (green card holder) is required (but the

spouse must be a permanent resident)
● No specific period of continuous residence or physical presence in the United States is

required
● No specific period of marital union is required; however, the spouses must be living in

marital union.

Note: You must also establish that you will depart abroad immediately after naturalization

and that you intend to reside in the United States immediately upon the termination of your

spouse’s employment abroad.
For More Information, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

ByPhillip Kim

Change My Nonimmigrant Status by Immigration Attorney in Fresno

If you want to change the purpose of your visit while in the United States, you (or in some cases your employer) must file a request on the appropriate form before your authorized stay expires. For instance, if you arrived here as a tourist but want to become a student, you must submit an application to change your status. We recommend that you apply as soon as you determine that you need to change to a different nonimmigrant category.

Until you receive approval , do not assume the status has been approved, and do not change your activity in the United States. For example, if you are currently a nonimmigrant tourist, do not begin attending school as a student until you have received authorization to change your status. If you fail to maintain your nonimmigrant status, you may be barred from returning to and/or removed (deported) from the United States. Your authorized status and the date your status expires , Arrival-Departure Record.

In general, you may apply to change your nonimmigrant status if you were lawfully admitted to the United States with a nonimmigrant visa, your nonimmigrant status remains valid, you have not violated the conditions of your status, and you have not committed any crimes that would make you ineligible.

You do not need to apply to change your nonimmigrant status if you were admitted into the United States for business reasons (B-1 visa category ) and you wish to remain in the United States for pleasure before your authorized stay expires.

You do not need to apply to change your nonimmigrant status if you wish to attend school in the United States, and you are the spouse or child of someone who is currently in the United States in any of the following nonimmigrant visa categories:

Diplomatic and other government officials, and employees (A visa category)
International trade and investors (E visa )
Representatives to international organizations and their employees (G visa )
Temporary workers (H visa)
Representatives of foreign media (I visa)
Exchange visitors (J visa)
Intracompany transferees (L visa)
Academic (F visa) or vocational (M visa) students (you may attend elementary, middle or high school only: if you want to attend post-secondary school full-time you must apply for a change of status).
You may not apply to change your nonimmigrant status if you were admitted to the United States in the following categories:

Visa Waiver Program· Crew member (D nonimmigrant visa)
In transit through the United States (C nonimmigrant visa)
In transit through the United States without a visa (TWOV)
Fiancé of a U.S. citizen or dependent of a fiancé (K nonimmigrant visa)
Informant (and accompanying family) on terrorism or organized crime (S nonimmigrant visa)
If you are a vocational student (M-1), you may not apply to change your status to a(n):

Academic student (F-1)
Any H status (Temporary worker), if the training you received as a vocational student in the United States provided the qualifications for the temporary worker position you seek.
If you are an international exchange visitor (J-1), you may not change your nonimmigrant status if:

You were admitted to the United States to receive graduate medical training, unless you receive a special waiver.
You are an exchange visitor and are required to meet the foreign residence requirement, unless you receive a waiver.
If you do not receive a waiver, you may only apply to change to a diplomatic and other government officials (A visa) or representatives to international organizations (G visa)
For information on how to apply, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

ByPhillip Kim

Employment-Based Immigration: Third Preference EB-3 by Immigration Attorney in Fresno

Employment-Based Immigration: Third Preference EB-3
You may be eligible for this immigrant visa preference category if you are a skilled worker, professional, or other worker.

● “Skilled workers” are persons whose job requires a minimum of 2 years training or work experience, not of a temporary or seasonal nature
● “Professionals” are persons whose job requires at least a U.S. baccalaureate degree or a foreign equivalent and are a member of the professions
● The “other workers” subcategory is for persons performing unskilled labor requiring less than 2 years training or experience, not of a temporary or seasonal nature.

■ Eligibility Criteria
◆ Sub-categories : Skilled Workers
Evidence : ⊙ You must be able to demonstrate at least 2 years of job experience or training ⊙ You must be performing work for which qualified workers are not available in the United States
Certification : Labor certification and a permanent, full-time job offer required.

◆ Sub-categories : Professionals
Evidence : ⊙ You must be able to demonstrate that you possess a U.S. baccalaureate degree or foreign degree equivalent, and that a baccalaureate degree is the normal requirement for entry into the occupation
⊙ You must be performing work for which qualified workers are not available in the United States
⊙ Education and experience may not be substituted for a baccalaureate degree
Certification : Labor certification and a permanent, full-time job offer required.

◆ Sub-categories : Unskilled Workers (Other Workers)
Evidence : You must be capable, at the time the petition is filed on your behalf, of performing unskilled labor (requiring less than 2 years training or experience), that is not of a temporary or seasonal nature, for which qualified workers are not available in the United States.
Certification : Labor certification and a permanent, full-time job offer required.

Note: While eligibility requirements for the third preference classification are less stringent, you should be aware that a long backlog exists for visas in the “other workers” category.
For More Information, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

Application Process

Your employer (petitioner) must file , Petition for Alien Worker. As part of the application process, your employer must be able to demonstrate an ability to pay the offered wage as of your visa priority date. Your employer may use an annual report, federal income tax return, or audited financial statement to demonstrate an ability to pay your wage.

For more information on filing fees, Please Call:(559) 761-9742

.

Family of EB-3 Visa Holders

Your spouse may be admitted to the United States in the file (spouse of a “skilled worker” or “professional”) or the file (spouse of an “other worker”). During the process where you and your spouse are applying for permanent resident status (status as a green card holder), your spouse is eligible to file for an Employment Authorization Document . Your minor children (under the age of 18) may be admitted as the file (child of a “skilled worker” or “professional”) or the file (child of an “other worker”).
For More Information, Please Call :
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/