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Articles Posted in Labor Certification

Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses a new and important topic: are green card interviews being waived during the Coronavirus pandemic?

Keep on watching for more information.

Overview:

As many of you know, on March 18th USCIS announced the closure of USCIS field offices, ASC centers, and asylum offices nationwide until at least May 3rd to minimize the spread of coronavirus (COVID-19).

That means that most interviews and biometrics appointments initially scheduled to take place between March 18th and May 3rd are being rescheduled.

Certain Employment-Based Green Card Interviews Waived

Typically, a green card applicant must attend an in-person interview at a USCIS field office (if based on marriage or employment) before their green card application can be approved. That is because USCIS must ensure that the green card applicant meets all eligibility requirements.

Curiously, during the last few days, certain green card applicants have seen their green card interviews waived instead of rescheduled. This has been occurring mainly for employment-based green card applicants. This class of individuals have seen their green cards approved, and have received their green cards in the mail, without having to attend the green card interview.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, we discuss a little-known law called LIFE Act 245(i) which allows certain undocumented immigrants to apply for permanent residence.

Want to learn more? Keep on watching.

Overview:

What is 245(i)?

Section 245(i) is a provision of the Legal Immigration Family Equity Act (LIFE) which allows certain persons, who entered the United States without inspection (unlawfully), or otherwise violated their status, to apply for adjustment of status in the United States, if they pay a $1,000 penalty.

To be eligible, the applicant must have an immigrant visa immediately available. Immigrant visas are immediately available for spouses of U.S. Citizens, unmarried children under 21 years of age of a U.S. Citizen, and parents of U.S. Citizens (if the U.S. Citizen is 21 years of age or older).

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Welcome back to Immigration Lawyer Blog, where we discuss all things immigration. In this video, we talk about the different investment visa options available under current law.

E-2 Non-immigrant Visa: Visa through Investment

The first option is the E-2 visa. This is a non-immigrant visa that allows foreign nationals from eligible treaty nations to invest in a new business in the United States. The required investment amount will vary depending on the type of business.

Not every country participates in the E-2 visa program. You must be a national of a treaty nation in order to qualify. For a complete list of qualifying countries please click here.

The amount of time a foreign national may remain in the United States with an E-2 visa depends on the applicant’s country of nationality. The average processing time to receive an E-2 visa is approximately 3 to 5 months. In order successfully obtain an E-2 visa, the applicant must be able to demonstrate the source of funds of the investment, hire employees to work for the business, and the business must be real and operating.

It is important to note that the E-2 visa does not lead to a green card but can be extended.

EB-5 Immigrant Visa Program: Green Card through Investment

The EB-5 Immigrant Visa Program allows you to invest half a million dollars into a regional center government approved project, or a million dollars direct investment in your own project. To qualify, your investment must create at least 10 jobs and the business must be succeeding and growing.

After November 21, 2019, the minimum investment will increase from half a million to $900,000 for investment in a regional center, and from one million to 1.8 million for direct investments.

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In this video attorney Jacob Sapochnick discusses how to file the perfect PERM application.

What is PERM?

The Program Electronic Review Management (PERM) is the system used by immigration to process labor certifications, which is the first step certain foreign nationals must take in order to obtain an EB-2 or EB-3 visa immigrant visa.

As part of the PERM process, the petitioning employer must go through a series of recruitment activities to test the labor market before filing a labor certification application. If, during the recruitment process, the employer finds that there is not a sufficient number of able, qualified, and willing applicants, whether U.S. citizens or permanent residents, then the employer can submit a PERM labor certification application.

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In this video attorney Jacob Sapochnick forms part of a panel of distinguished immigration attorneys. During this panel you will hear all about immigration options for foreign nurses.

These options include the H-1B visa for highly educated nurses such as nurse practitioners, the TN Visa for citizens of Canada or Mexico, and finally EB-3 employment based green card processing.

For more information about these options please click here.

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In this video we breakdown the labor certification process also known as “PERM.”

Overview:

What is labor certification? Labor certification is required because the government wants to make sure that U.S. workers are not adversely affected by the employment of the foreign national, in this case the beneficiary of the application.

Step one: Filing the labor certification application

The first step in filing a labor certification application is to file a prevailing wage request with the state workforce agency. This request will inform the employer about the wage that must be paid to the foreign national for the work to be performed. Knowledge of the prevailing wage is important because it will affect advertising for the position, the prevailing wage information to be included on the immigration forms, etc. Any mistakes that occur in this step of the process can affect the likelihood of success. It takes several months to receive the certified prevailing wage determination from the labor department. Once the certification is received, the recruitment process can begin.

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