MVP “Immigration Q & A Forum” – 9/8/23

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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 – Employment Based Immigration 

Can I file for a Green Card on my own or does my employer have to sponsor me? Does it make a difference in processing? 

Answer #2 – It depends upon the preference category that you are filing under. Certain preference categories require employer sponsorship; whereas others do not. 


Question #3 – H-1B Nonimmigrant Visa 

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 #3 – No. 


Question #4 – H-1B Nonimmigrant Visa 

Can I get a Social Security card if I am working in the US on H-1B status? 

Answer #4 – Yes. 


Question #5 – 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 #5 – 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. 


Question #6 – Employment Based Immigration 

Can I file multiple I-140 petitions in different immigration categories? 

Answer #6 – Yes, but those cases must not be frivolous (they must be based upon bona-fide employment offers.) 


Question #7 – Conditional Permanent Residence 

How do I remove my conditions on my Conditional Green Card? 

Answer #7 – File Form I-751, Petition to Remove Conditions on Residence with the USCIS, within 90 days of the expiration of the conditional permanent resident card. You should file the petition jointly with your spouse through whom you obtained conditional status. However, certain exceptions do exist that may allow you to apply for a waiver of the joint filing requirement. 


Question #8 – Business Visa (B1/B2) 

For how long can a person stay in US on a Business Visa (B1/B2)? 

Answer #8 – 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 #9 – 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 #9 – 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 #10 – 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? 

Answer #10 – 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. 


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 22, 2023!

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

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