MVP LAW GROUP – Immigration Q&A Forum, Friday, July 6, 2012

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.

Question #1 – General
What exactly is the Visa Waiver Program?

Answer #1
As provided on the Department of State website, The Visa Waiver Program (VWP) enables nationals of 36 participating countries to travel to the United States for tourism or business (visitor [B] visa purposes only) for stays of 90 days or less without obtaining a visa. The program was established to eliminate unnecessary barriers to travel, stimulating the tourism industry, and permitting the Department of State to focus consular resources in other areas. VWP eligible travelers may apply for a visa, if they prefer to do so. Nationals of VWP countries must meet eligibility requirements to travel without a visa on VWP, and therefore, some travelers from VWP countries are not eligible to use the program. VWP travelers are required to have a valid authorization through the Electronic System for Travel Authorization (ESTA) prior to travel, are screened at the port of entry into the United States, and are enrolled in the Department of Homeland Security’s US-VISIT program.

Question #2 – Employment Based: Green Card
Is labor certification required for ALL Employment or just some?

Answer #2
Labor certification is not required for ALL Employment based preference categories; however, it is required for Employment Based 2nd and 3rd preference categories.

Question #3 – H-1B Nonimmigrant Work Visa
How does premium processing for the H-1B visa work?

Answer #3
Premium Processing is an option that allows a case to be adjudicated within a period of 15 calendar days from the date the USCIS receipted the case. For an additional USCIS filing fee of $1225.00, the USCIS will review the case and make a decision within the specified time period. If an RFE is issued, once the response is received by the USCIS, the clock begins to run again for 15 calendar days. Regular processing is currently taking 2-3 months from the date of filing to be adjudicated by the USCIS.

Question #4 – General
How much are the Required Visa Filing Fee’s?

Answer #4
Click to review the USCIS filing fees.

Question #5 – Aslyee
What is an Asylee?

Answer #5
According to Webster’s Dictionary, an aslyee is an alien in the United States or at a port of entry who is found to be unable or unwilling to return to his or her country of nationality, or to seek the protection of that country because of persecution or a well-founded fear of persecution. Persecution or the fear thereof must be based on the alien’s race, religion, nationality, membership in a particular social group, or political opinion. For persons with no nationality, the country of nationality is considered to be the country in which the alien last habitually resided.

Question #6 – Temporary Work Visa
What’s the difference between an E work visa and an L work visa?

Answer #6
The E-1 visa allows individuals to enter the U.S. temporarily to engage in substantial trade. There are strict requirements as to the nationality of individuals and the level of trade necessary to qualify for the visa. As an advantage to this category, individuals may apply directly at a U.S. Consulate.
The E-2 visa allows foreign entrepreneurs from treaty nations to enter the U.S. temporarily to carry out substantial investment and trade activities. To qualify for this visa, the applicant must be a key employee of their company and a national of a country that has an investor treaty with the U.S.
The E-3 visa is exclusively reserved for Australian nationals. The visa allows Australian Professionals to come to the U.S. to work in a specialty occupation, similar in many aspects to the H-1B nonimmigrant worker visa.
The L-1 visa allows companies operating both in the U.S. and abroad to transfer certain types of employees from its overseas office to the U.S. office for up to seven years. This visa comes in the following categories: L-1A – for executives and managers; and L-1B – for personnel with specialized knowledge.

Question #7 – Refugee
What is a Refugee?

Answer #7
According to Webster’s Dictionary, a refugee is any person who is outside his or her country of nationality who is unable or unwilling to return to that country because of persecution or a well-founded fear of persecution. Persecution or the fear thereof must be based on the alien’s race, religion, nationality, membership in a particular social group, or political opinion. People with no nationality must generally be outside their country of last habitual residence to qualify as a refugee.

Question #8 – H-1B Nonimmigrant Work Visa
If I did not use all six years on my previous H-1B visa, can I apply to USCIS to use the remaining years now?

Answer #8
Yes, if you have time remaining on your H-1B nonimmigrant visa status and have applied for the visa within the past six years, you are not subject to the H-1B numerical cap and are able to apply to use those remaining years now if you have an employer willing to sponsor you for your employment in the Specialty Occupation.

Question #9 – Employment Based: Green Card
What is a good type of employment position and employment duties to have so my labor certification/green card process goes quicker??

Answer #9
There is no such thing to speed up the process. The Department of Labor operates on a first come, first serve basis. Accordingly, when a prevailing wage determination is submitted, others who submitted their requests prior to yours will be served first, before you. Additionally, when submitting the Labor Certification Application to the DOL, again, it operates on a first come, first serve basis.

Question #10 – H-1B Nonimmigrant Work Visa
When does my time on my H-1B visa start? The day that is approved or when I first enter the U.S. using it?

Answer #10
The six year period begins to accrue when you first enter the U.S. on a valid H-1B nonimmigrant visa. Your I-94 card will be stamped to reflect the date you arrived.


MVP Law Group would like to thank everyone who contributed a question or comment.

Our next “Immigration Q & A Forum” is scheduled for Friday, July 20th, 2012!

Please remember to submit your questions/comments on our H1B Visa Lawyer blog!