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The Green Card Process for Foreign Workers
I’ve met with many employers with the same issue – they are having a hard time finding workers. One potential solution is petitioning for foreign workers to fill those jobs. The process works and can fill a range of jobs from landscapers to cooks to hotel workers to tech jobs and everything in between. However, the caveat is that it will take time, and it can take even longer depending on where the foreign worker was born (nationals from India can end up waiting almost 10 years for a green card through an employer). My answer to employers who say that they need workers now and cannot wait long is…
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Employment-Based Immigration, Family-Based Immigration, Green Card, Lawful Permanent Residency, Policy Change, U.S. Citizenship
Why Could Your Case Be Taking So Long? USCIS Processing Delays Remain at Crisis Level
Nationwide, you and millions of families, businesses, and individuals applying for immigration benefits are waiting longer for U.S. Citizenship and Immigration Services (USCIS) to process and approve applications and petitions. Based on previously available USCIS data, in Fiscal Year (FY) 2014, an average case took about five months to process. In FY2020, an average case took more than nine months. Anyone who files applications or petitions with USCIS is affected. You and other people applying for family-based benefits, employment-based benefits, naturalization, travel documents, and employment authorization are all experiencing delays. Between FY2017 and FY2019, USCIS’s processing times for all petitions and application form types rose more than 37%. The dramatic…
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The 3 Agencies Involved in Immigrant Visa Cases: USCIS, NVC, and the U.S. Consulate/Embassy
I want to preface this post by saying that all three of these agencies are involved when a family member or employee is being petitioned for, and that person is not currently in the U.S. and will be processing at a U.S. consulate/embassy abroad. However, there are instances when a person is going through the immigration process that involves the I-601A stateside waiver process (you can read more about that process on this blog post), and dealing with these three agencies would also apply in those cases. For anyone who wants to be petitioned for, or if the person is self-petitioning, to become a green card holder in the U.S.,…
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Employment-Based Immigration, Family-Based Immigration, Green Card, Lawful Permanent Residency, Policy Change
COVID-19 Vaccines Will Be Required for Green Card Applicants Starting October 1, 2021
Starting October 1, 2021, U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of State will require COVID-19 vaccinations for all applicants applying for refugee or lawful permanent residence, with some exceptions. All applicants who receive their medical examination ON OR AFTER October 1, 2021, must complete the COVID-19 vaccine series and provide documentation of vaccination. This change will impact anyone who completes the medical exam ON OR AFTER October 1, 2021. If the exam is completed BEFORE October 1, 2021, and it remains valid, the COVID-19 vaccine will not be required. Waivers for the vaccine may be available in these scenarios: -Not age-appropriate -Contraindiction – a reason for…
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Specialty Chefs and Green Cards
Did you know that if you are restaurant that specializes in a certain type of cuisine and need specialty chefs who have at least two years of chef experience in that cuisine, you may be able to petition for that chef to immigrate to the U.S. to get his or her green card (AKA lawful permanent residency)? A common issue I have heard among restaurant owners is the inability to find qualified chefs who have the experience and knowledge to cook the restaurant’s specialty dishes. However, there is a solution to this ongoing problem. There is a caveat to this, which is the understanding that it is not a process…
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If You Are A Restaurant Owner, Petitioning for A Specialty Chef Is An Option
The restaurant industry is in dire need of good chefs based on what I hear from restaurant owners. I’ve had the privilege of working with several restaurants who are petitioning for specialty chefs to get their green cards. Every year, the U.S. government gives out a certain number of employment-based visas. For all countries except for China, India, and the Philippines, the category that would correctly be used for specialty chefs is the EB-3 skilled worker category, and there is no waiting period other than processing times. What I mean by waiting period is that for certain countries where a lot of people have applied for that particular category of visas because there aren’t enough visas to give out, there…
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Overview of the L-1A Visa – Intracompany Tranfers
The L-1A Intracompany Transferee nonimmigrant visa classification allows a U.S. employer to transfer an employee in a managerial or executive position from a foreign office to the United States. This can also include a foreign company that doesn’t have a U.S. based company yet but wants to set up an office in the U.S. The foreign company can send an executive to the U.S. under the L-1A visa with the purpose of establishing a U.S. based company. L-1 visas are only for transfers within the same company but are good options for foreign companies to expand into the U.S. Often, after the seven-year limit, many L-1A employees apply for permanent…
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An Overview of What You Need to Know About the EB-3 Category
An EB-3 is another immigrant visa preference category in the United States for employment-based permanent residency. This is another category that allows for employers to petition for foreign workers to get their green cards. An EB-3 is intended for “skilled workers,” “professionals,” and “other workers.” An example of a “professional” in the EB-3 category would be a profession that normally requires at least a U.S. bachelor’s degree or its equivalent. An example of a “skilled worker” would be a position that requires at least 2 years of training. For example, if a restaurant is looking for a specialty chef who has at least 2 years of chef experience, the employer…
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EB-2 Overview and Basics
An EB-2 visa is an employment-based permanent residency visa for employment within the United States. It is the second type of five preference visas where people can gain lawful permanent status (aka green card) based on their jobs or profession. It is an ideal option for those seeking permanent residency in the United States and has advanced degrees and work experience in his or her field of expertise. To qualify for an EB-2 visa, one must be a member of qualified professions holding an advanced degree or the equivalent. Individuals who have an exceptional ability in science, art, or business that benefits the American economy, cultural or economic interests may…
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The PERM Process – Getting U.S. LPR Status Through an Employer
I have heard so many business owners say that just cannot find U.S. workers to fill the jobs at their companies even after trying different recruiting methods. As you can imagine, it creates a lot of stress. One avenue that may be available is the PERM process. What is it? The Program Electronic Review Management process, better known as the PERM process, is a process where a foreign worker can gain lawful permanent residence in the U.S. through his/her employer. One of the steps involves the employer obtaining a PERM labor certification from the Department of Labor (DOL). This process has many steps including getting a prevailing wage determination from…