MVP LAW GROUP – Immigration Q&A Forum, Friday, Feb. 5, 2016

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 – H1B Nonimmigrant Visa
If my employer has received an RFE for my H-1B case, does this mean my case will not be approved?

Answer #1 No. An RFE is a Request for Additional evidence, which seeks further documentation/information from the Petitioner and/or the Beneficiary. An RFE is issued because the Adjudicating Officer cannot make a final determination whether to approve or deny based upon the initial filing. The Officer needs more information concerning a certain issue or several issues in order to ultimately approve or deny the case.

Question #2 – Employment Based Immigration
What is the difference between an EB-2 and an EB-3 classification for a Green Card?

Answer #2 The EB-2 preference classification is open to 3 types of foreign nationals: (1) Exceptional Ability in the Sciences, Arts or Business; (2) Advanced Degree Professionals; (3) Qualified Alien Physicians who will practice medicine in an area of the U.S., which is underserved.
The EB-3 classification includes aliens with at least two years of experience as skilled workers; professionals with a baccalaureate degree; and other workers with less skills who can contribute abilities unavailable in the U.S. Skilled workers should have at least two years’ experience, either through hands-on experience or through post-secondary education. Professionals should have either a U.S. bachelor’s degree or a foreign equivalent degree.

Question #3 – General What is the Validation Instrument for Business Enterprises (VIBE) system?

Answer #3 According to the USCIS website:
The Web-based Validation Instrument for Business Enterprises (VIBE) is a tool designed to enhance USCIS’s adjudications of certain employment-based immigration petitions. VIBE uses commercially available data from an independent information provider (IIP) to validate basic information about companies or organizations petitioning to employ certain alien workers.
Currently, Dun and Bradstreet (D&B) is the independent information provider for the VIBE program.

Question #4 – DACA
How do you file for Deferred Action for Childhood Arrivals?

Answer #4 You prepare and submit Form I-821D, Consideration of Deferred Action for Childhood Arrivals, Form I-765, Application for Employment Authorization and Form I-765WS, along with supporting documentation to the appropriate USCIS lockbox facility.

*You should speak with a qualified Immigration Attorney if you believe you are eligible.

Question #5 – Family Based Immigration
I’m an 18 year old US citizen and want to file a Green card application for my husband who is 32 years old. Am I old enough to do this?

Answer #5 Yes.

Question #6 – H1B Nonimmigrant Visa If someone is in the US on a H4 Visa, and his H1 gets approved, how many days can he wait before starting his new job?

Answer #6 It depends upon what Form I-797, the Approval Notice provides. If the starting date of employment is not until October 1, 2016 for instance, then the applicant will remain in H4 status until September 30, 2016, and may begin working as an H-1B nonimmigrant only on October 1, 2016.

Pay attention to what Form I-797, the Approval notice provides. An individual may start working on the date as provided on the approval notice, or any date thereafter.

Question #7 – H1B Nonimmigrant Visa I am an employer. When should we begin to prepare our H-1B CAP subject cases? Once prepared, can we submit them prior to April to ensure our petitions are accepted?

Answer #7 MVP Law Group has already begun accepting and working on H1B cap-subject cases. The U.S. Citizenship and Immigration Services (USCIS) will start accepting H1B cap-subject filings for Fiscal Year 2017 (FY17) on Friday, April 1, 2016. We are advising employers and individuals who are in need of H1B cap-subject filings that it is time to start preparing for the H1B cap.

The H1B CAP filings may be filed as of April 1, 2016, NOT BEFORE. It is vital to file on the first day. Last year, FY16, the H-1B CAP was reached within the first week, by April 7, 2015.

Question #8 – General Right now, I am in the US on a B1 Visa. Can I apply for an L1 visa after using the B1 visa? Is there a waiting period before applying?

Answer #8 A B1 visa is a visitor/business/tourism visa, which allows you to enter the U.S. for a specific period of time with the intent to return to your residence abroad, and which does not allow you to work. An L1 visa is a temporary nonimmigrant work visa, which allows you to enter the U.S. to work for a specific period of time with the intent to return to your residence abroad at the end of the specific time period.

*You should speak with a qualified Immigration Attorney about your situation.

Question #9 – H1B Nonimmigrant Visa In a few months, I will be starting work in the US with an H-1Visa. Does my spouse need to accompany me to the US right away? She wanted to stay in our home country for a few months. My wife has an approved H-4 Visa.

Answer #9 No.

Question #10 – TN Visa I am a Canadian citizen and wanted to work as a dentist in the US. Do I qualify for a TN Visa under the NAFTA regulations?

Answer #10 The position of Dentist is listed in Appendix 1603 of the NAFTA regulations. In order to be eligible, you would need the following: (i) present job offer from a U.S. employer; and proof that you have the following qualifications (ii) D.D.S., D.M.D., Doctor en Odontologia or Doctor en Cirugia Dental; or state/provincial license.

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

Our next “Immigration Q & A Forum” is scheduled for Friday, February 19, 2016!

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