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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 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 #2 – B-1 Temporary Business Visitor
How long can someone stay in US on a Business Visa (B1/B2)?
Answer #2 – You may receive a Visitor Visa valid for 10 years; however, the maximum duration of stay in the United States on a B1/B2 visa is 6 months.
Question #3 – Employment Based Immigration
I have an approved I-140 in the EB-3 category. My new employer wants to file an application for me in the EB-2 category. Can I make the switch if I believe I am qualified?
Answer #3 – If the employer offers you the position, and you are able to satisfy the minimum education and experience requirements for the position, you should be able to make the switch and petition to recapture the earlier priority date at the I-140 stage.
Question #4 – Green Card
Can I apply for a spousal visa, if I am getting married to a green card holder & am currently in H-1B visa status?
Answer #4 – Yes; however, you must first marry your spouse. After marriage, your green card holder (Lawful Permanent Resident) spouse, may then prepare and submit an I-130, Petition for Alien Relative on your behalf to the USCIS for processing.
Question #5 – US Visa
Will an expunged felony affect my Visa Process?
Answer #5 – Although the conviction has been expunged by a federal, state or foreign court, it does not necessarily mean that the conviction has been expunged for immigration purposes. It is our recommendation that you contact our office to discuss your situation.
Question #6 – Business Visa (B1/B2)
For how long can a person stay in US on a Business Visa (B1/B2)?
Answer #6 – It depends, normally for a period of 6 months; however, whatever date the Customs and Border Patrol (CBP) stamp provide on your I-94 record is the length of time.
Question #7 – Consular Processing
How does Consular Processing work?
Answer #7 – The USCIS website best explains the difference between Adjustment of Status (in the U.S.) and Consular Processing (outside of the U.S.):
The Immigration and Nationality Act (INA) offers an individual two primary paths to permanent resident status (a green card). An individual who is the beneficiary of an approved immigrant petition and has an immigrant visa number immediately available may apply (Form DS-230) at a U.S. Department of State consulate abroad for an immigrant visa in order to come to the United States and be admitted as a permanent resident. This pathway is referred to as “consular processing.”
Adjustment of status (Form I-485) is an alternate process by which an eligible person, who is already in the United States, can apply for permanent resident status without having to return to his/her home country to complete processing.
Question #8 – Family Based Immigration
I’ve read conflicting information on the internet; can you please clarify for me who is responsible for scheduling the Green Card Interview, my spouse or the Consulate itself?
Answer #8 – The Consulate is responsible for scheduling the Interview and will send you notice of the date and time of the scheduled interview.
Question #9 – Naturalization
If my application for naturalization is denied by the USCIS, can I re-apply and how soon?
Answer #9 – Yes; however, how soon you re-apply depends upon several factors. You should discuss the reasons for denial with an Immigration Attorney and make an informed decision based upon the advice received from the Attorney.
Question #10 – H-1B Nonimmigrant Work Visa
Are employers required to post a notice of filing of LCA at the end-client location? Why can’t we just post at our offices?
Answer #10 – Yes. Pursuant to the regulations, notices are to be posted in two conspicuous locations at the actual location where the work is to be performed. Therefore, posting at the employer’s office only is not sufficient.
MVP Law Group would like to thank everyone who contributed a question or comment.
Our next “Immigration Q & A Forum” is scheduled for Friday, June 3, 2022!
Please remember to submit your questions/comments on our H1B Visa Lawyer blog!