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Question #1 – Employment Based Immigration
What is the difference between an EB-2 and an EB-3 classification for a Green Card?
Answer #1 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 #2 – 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 #2 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 #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 – 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 #4 Yes.
Question #5 – DACA
How do you file for Deferred Action for Childhood Arrivals?
Answer #5 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 #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 – Green Card
Can I change my employer once I receive my Green Card or is there a waiting period?
Our recommendation is that you wait at least six (6) months after receiving your green card before changing employers.
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 – 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 #9 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.
Question #10 – 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 #10 No.
MVP Law Group would like to thank everyone who contributed a question or comment.
Our next “Immigration Q & A Forum” is scheduled for Friday, September 16, 2016!
Please remember to submit your questions/comments on our H1B Visa Lawyer blog!