MVP LAW GROUP – Immigration Q&A Forum, Friday, February 16, 2018

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 is the Validation Instrument for Business Enterprises (VIBE) system?

Answer #1 – 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 #2 – 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 #2 – Yes.

 

Question #3 – 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 #3 – 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 #4 – Visa Interview

If I do not speak English, when I go to my interview for my visa, will a translator be provided for me or will I need to provide one myself?

Answers #4 – It depends upon the type of visa you are applying for and from where you are applying for the visa. Most Consulates have counters were different languages are spoken. If you are applying in the U.S., when you go to your visa interview, you will need to provide a translator for yourself. This translator should not be an interested party in your case.

 

Question #5 – 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 #5 – No.

 

Question #6 – 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 #6 – 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 #7 – 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 #7 – 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#8 – Green Card
Can I change my employer once I receive my Green Card or is there a waiting period?

Answer #8 – Our recommendation is that you wait at least six (6) months after receiving your green card before changing employers.

 

Question #9 – Employment Based Immigration

What is the difference between an EB-2 and an EB-3 classification for a Green Card?

Answer #9 – 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 under served.
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 #10 – Naturalization

Does the government publish the naturalization test questions?

Answer 10 – USCIS publishes a complete list of the 100 civics questions and answers, 10 of which will be asked by a USCIS officer during the naturalization interview. These questions are available in different languages, check with USCIS for a complete listing.

 

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

Our next “Immigration Q & A Forum” is scheduled for Friday, March 2, 2018!

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