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If you want to sponsor an employee for an employment-based green card, you must complete the permanent labor certification (PERM) process.
Frankly, the process is a mess, and it’s easy to get wrong.
Here are a few pitfalls to know about.
The Department of Labor says PERM applications should be resolved in 45 to 60 days. However, the process can take up to two years to complete.
Failing to anticipate these delays could create complications for your business.
Apple recently paid a $25 million settlement after the Justice Department determined that Apple illegally discriminated in hiring and recruitment in hiring and recruitment against U.S. citizens and certain non-U.S. citizens whose permission to live and work in the United States does not expire.
It’s not clear why Apple preferred PERM beneficiaries to locals. But in addition to paying a significant amount of money to the qualified workers harmed by their hiring practices, Apple must also conduct more expansive recruitment for all PERM positions, train employees on the INA’s anti-discrimination requirements, and be subject to departmental monitoring for a three-year period.
Some companies may prefer PERM employees because those employees are less likely to leave, but you are still required to make an honest attempt to recruit locally.
PERM requires any company that has laid off workers within six months of the anticipated PERM filing date to notify those workers that there is a job opening. They must consider those workers. If you can find even one laid-off worker who can fill the role, you can’t proceed with the labor market test.
You don’t necessarily have to hire that worker, but you nevertheless will be required to hire an American worker after finding the qualified laid-off worker.
Most employers work with an immigration attorney at some point during the process, but some wait too long to seek advice and support.
For example, an immigration attorney can help you review job postings to make sure your company will have an excellent chance of demonstrating that you did indeed make a good-faith effort to hire an American employee. We can also help you navigate other aspects of the process, which can become quite labyrinthine.
We can also help you avoid pitfalls specific to your role, industry, or company.
Ready to get started? Contact Hykel Law today.
See also:
How Does an Employment-Based Green Card Work?
Is It Possible to Get a Work Visa Without Sponsorship?
If you want to apply for asylum in the United States, you’ll have to go through a credible fear hearing. You may also hear this hearing referred to as a reasonable fear hearing. You cannot even fill out an asylum application until you go through this interview.
Asylum officers ask specific questions during these interviews. You may be asked to share:
Your race, religion, nationality, political opinion, sexual orientation, gender orientation, disability status, or other protected status must usually motivate the danger you face. If the government was involved in your persecution, you should share that information. If they ignored you when you tried to report the crime or refused to help or protect you, then you should share that information as well.
Asylum officers will not ask:
You need to tell the truth, but you can prepare by knowing what will be asked. This will help you organize your thoughts and give a concise answer that tells the asylum officer what they need to know. This can be difficult if you’ve already been detained, but try to do the best you can.
You also have the right to ask for an interpreter so that the interview may be conducted in your preferred language.
The asylum officer should read everything you said back to you. This is to give you the chance to correct anything the officer misunderstood or misrecorded. Do not let a mistake slide. You will not have another chance to repeat this interview, though you will have a chance to appeal the results.
Most asylum seekers do not receive interviews the moment they enter the country. There is usually time to work with an immigration attorney and to get some help with preparation.
There is a good reason to do so. USCIS says roughly 40% of migrants fail to establish the credible fear required for asylum. Currently, officers are completing twice as many interviews per month as they did a year ago, and they’re doing so under much tighter rules. Those aren’t great odds if you’re going to go it alone.
If you know you have a credible fear hearing soon, reach out to Hykel Law to get help today.
See also:
What is the Difference Between Asylum Status and Refugee Status
7 Documents You’ll Need for Your Asylum Case
A green card is a permanent residency card. It gives you the right to live, work, and study in the United States indefinitely.
A visa is a short-term document that permits you to remain in the United States for a specified period of time.
Yes. You must obtain a visa before you obtain a green card, though you may file both immigration petitions at the same time. Your visa will be stamped into your passport before you travel to the United States.
To obtain a green card, you must already be present in the United States. Once you apply, your ability to travel outside of the United States becomes limited. You will usually want to obtain advance parole before leaving the United States for any significant period of time.
Visas come in two major forms: nonimmigrant visas and immigrant visas. Non-immigrant visas allow you to stay within the United States for a specified period of time without allowing you to apply for a green card.
Immigrant visas allow you to apply for a green card.
Of course, there are many subcategories within those two categories, including student visas, traveler visas, worker’s visas, and more. Working with a qualified immigration lawyer can help you determine which visa is right for your situation and goals.
There are five ways a green card may be lost.
If you would like to travel at will and want to remove any danger of losing your green card status, then it may be wise to begin the process of naturalization, which will transform you into a citizen. A naturalized citizen may also vote and serve on a jury.
Yes. You must carry your green card with you at all times. Failure to carry it is a criminal misdemeanor punishable by a $100 fine or up to $30 days in jail. It’s not a bad idea to keep an electronic copy as well as a physical copy, just in case.
The first step is to reach out to a qualified immigration lawyer. The team at Hykel Law can help you choose and apply for the right green card program. We can also help you maximize your chances of success by ensuring all your paperwork is filled out correctly and that you’ve provided enough evidence to make your application successful.
Ready to get started? Contact Hykel Law today.
See also:
Are There Risks to Applying for Citizenship?
Understanding Re-Entry Permits for Permanent Residents
A “Stokes” interview happens when USCIS believes you and your spouse are attempting marriage fraud for the purposes of obtaining an immigration benefit. Each spouse is called into a separate interview room and is subjected to questions to determine whether the couple is truly married.
Many of these questions are about obscure pieces of information, such as the last time you got groceries together or details about the sofa in the living room. While the questions may seem easy at first glance, people often misremember small details, such as exact days, colors, or numbers.
Nevertheless, there’s no reason to panic if you’ve received notice that a Stokes interview will take place. While learning that USCIS is suspicious of your application is not good news, there are steps you can take to pass the interview.
It’s not a good idea to over-rehearse every piece of information you can think of, but you should know the basics. You need to know each other’s birthday, where your first date took place, where both of you work, how you met, and your favorite foods. You should be able to name members of one another’s immediate families.
Some spouses are very bad at remembering this basic information, even in a bona fide marriage, so it doesn’t hurt to touch base and make sure both of you are on the same page.
You can find a list of common Stokes interview questions here.
Don’t practice to the point where your answers are robotic and matched to an insane degree. That will just signal that you coached one another for the interview and “got your stories straight.”
Small discrepancies won’t threaten you much. USCIS officers know that people struggle to remember exact days, dates, times, and colors.
Besides, no online list of questions is going to cover every question an officer might think of. Officers know the online lists exist and often have personal, favorite questions that don’t often get published. There’s a good chance you’ll be asked something that stumps you or results in a discrepancy, even if you’ve been happily married for over a year.
You have the right to bring an attorney to your appointment, and you should. First, the attorney will hear both sets of answers. Being there gives your lawyer time to prepare if they spot that one of the answer sets is likely to be problematic to your green card application. Your lawyer will generally take detailed notes throughout the proceedings. This information will be useful if you and your lawyer need to appeal USCIS’ decision.
Second, your lawyer may be able to challenge particularly unfair or ridiculous questions. Your lawyer can also help clarify what a question means, as sometimes language barriers can result in “wrong answers.”
Plus, having your lawyer present can have a calming effect on you, which can help you avoid answering incorrectly because you are panicking.
You don’t have to go through the marriage green card process alone. The team at Hykel Law is here to help you succeed.
Schedule an appointment to get help today!
See also:
Common Marriage Green Card Interview Questions
4 Good Reasons to Bring an Attorney To Your Green Card Interview
If you are planning to file an Application for Naturalization soon, USCIS has some good news for you. You’ll save a lot of time obtaining vital documentation, namely your Social Security card.
Updating or receiving a Social Security Number (SSN) and card will be much easier. USCIS is also making it easier for you to update your immigration status with the Social Security Administration (SSA). You won’t even have to visit an SSA office.
Instead, you’ll request a new Social Security card or number when you fill out your Form N-400. Earlier editions of the form will not include the questions; you’ll want to make sure you’re filling out the latest version of the application online.
USCIS has also combined green card and Social Security number applications, updating Form I-485, the application for the Adjustment of Status, to include additional questions allowing you to apply for an SSN.
Citizens and permanent residents require SSNs to accomplish most legal tasks within the United States, including applying for employment, applying for credit, filing taxes, and, of course, eventually claiming Social Security income at retirement.
While you may apply for the Individual Taxpayer Identification Number (ITIN) to pay your taxes before you become a permanent resident or a citizen, the ITIN doesn’t help you fully participate in American life. It is merely a tax processing number built to ensure the IRS gets its due, even from undocumented immigrants.
Of course, if you are undocumented and do not currently have an ITIN, we recommend obtaining one, filing your taxes, and paying them. Doing so can open up some immigration options later. Doing so also keeps you on the right side of the law, which is vital if you’re going to avoid deportation.
It will be vital to take advantage of this new option and to streamline your ability to obtain these legal documents in the future.
Want more updates on immigration policy? Be sure to continue watching this space, as we regularly cover these types of issues. In the meantime, if you need help filling out your Form N-400 or your Form I-485, contact Hykel Law to get started today.
We help hundreds of people achieve their dreams of living and working in the United States, and we can help you, too.
See also:
Are There Risks to Applying for Citizenship?
How Does an Employment-Based Green Card Work?
5 Steps to a Smoother Immigration Process
Do you wish to work in the United States for a limited period of time before returning to your home country?
If so, the O-1 visa might be right for you. This visa is designed for individuals with “extraordinary” abilities in the sciences, arts, education, business, film, or athletics. STEM workers, in particular, are often beneficiaries of these visas.
An O-2 visa even allows you to bring your assistants over, whereas an O-3 visa allows you to bring your spouse and children.
You may qualify for an O-visa if you can prove you have distinguished yourself in your field. Ways you might prove distinction include:
You can provide any proof which tends to show that you’ve distinguished yourself in the field.
If you are applying for an O-2 visa, you must demonstrate how your assistance is vital to the O-1 visa holder’s activities.
The initial period of stay is up to three years, though you must declare a specific event or activity you’ll be involved in.
Examples could include participating in a research project or filming a motion picture.
You will receive an additional ten days prior to the validity period and an additional ten days after, but you’ll only be authorized to work during the validity period.
h3Can you extend an O-visa?
Yes. USCIS determines the amount of time you need to finish the initial project or activity and then gives you one-year increments.
You may even change employers if necessary, but the new employer must file Form I-129 with USCIS.
Your employer must fill out Form I-129 on your behalf and submit the required evidence according to the instructions on the form. You must also provide a written advisory opinion from a peer group to help prove that you are a person of exceptional ability.
Your employer must also submit a copy of a written employment contract, as well as an itinerary explaining the nature of the events or activities, the beginning and ending dates for those activities, and a copy of the itinerary if applicable.
If the O-1 visa is not right for you, there may be other visas you can pursue. Our law office can help. If you are trying to get an employee into the United States on an O-visa, we can certainly help.
Contact Hykel Law to get started today.
See also:
How Does an Employment-Based Green Card Work?
How Much Money Do You Need to Immigrate to the United States?
If you dream of United States citizenship, it may shock you to realize that there are some risks to applying. It’s important to realize what you are doing when you attempt to adjust your status from “permanent residency” to “US Citizen.”
This post is not to discourage you from attempting to become a citizen. It is to arm you with the information you need to be as successful as possible.
There are three key differences between permanent residency status and citizenship.
In all other ways, permanent residents hold the same rights as citizens. They are protected by the constitution, may sponsor relatives for permanent residency, may work and go to school, may apply for a driver’s license, and may purchase property.
Naturalized US Citizens may still be stripped of their citizenship if they take actions that would show greater loyalty to a foreign power than to the United States.
When you apply for citizenship, you are inviting USCIS to reopen your file and to go over everything, yet again, with a fine-tooth comb.
They could uncover an issue with your initial application. If they decide you were never legally in the United States in the first place, they can revoke your permanent residency status and start deportation proceedings.
In addition, if you have acquired a criminal record since coming to the United States, even a very minor one, you may have trouble showing you have good moral character.
USCIS isn’t paying attention to every arrest that happens once a person has a green card, but they will certainly see your record the moment you give them a reason to look again.
It may also be risky to apply for citizenship if you took long trips outside of the United States (for six months or more), or if you became a member of the Communist Party or another party that the United States has blacklisted.
Fortunately, you can meet with an immigration attorney prior to launching a citizenship application. We can go over potential problems and discuss whether your application is particularly risky.
Pursuing citizenship may be risky, but there’s no denying that it’s a wonderful opportunity. Many new, naturalized citizens get very emotional during their ceremonies, and it’s not hard to see why.
Hykel Law is here to help you achieve your dream of citizenship. We’ll help you apply, help you gather all the appropriate evidence, and help you meet any issues and challenges that might arise. Don’t take a single step on your application before you meet with us.
See also:
Understanding Re-Entry Permits for Permanent Residents
What You Need to Know About “Good Moral Character” In Your Immigration Case
What is the Difference Between an RFE and a NOID?
EB-4 visas are fourth-preference employment-based visas available to certain special classes of workers. You must have an employer to take advantage of this type of visa, but whether you petition for yourself or your employer petitions for you depends on what kind of subcategory of eligibility you fall into.
The petitioner files Form I-360 to begin the process. It is important to submit relevant evidence of all the claims made in the form, such as proof of identity and nationality.
The qualification list is quite narrow.
EB-4 visas are also available to the family members of some of these immigrant types, such as the retired officers and employees of G-4, NATO-6, or employees of the US government.
Processing times vary but average out at around eight months. It’s important to realize that USCIS is facing a backlog, and you may have to wait longer. You may also have to wait if the numerical limits for EB-4 visas have been filled for your country already.
You’ll be informed when a visa is available and when you can file Form I-485 to receive a green card.
The EB-4 visa grants permanent residency. R-1 is a temporary working visa that may be extended for up to five years. They serve very different purposes. There is no path to a green card from an R-1 visa.
R-1 visas are appropriate for ministers or other religious employees who are on temporary assignment in the United States.
Not sure how long you’ll be in the United States or which visa is right for you? Ask your immigration attorney!
We help employers bring over EB-4 visa holders, and we help individuals who seek to obtain employment-based visas.
Every immigration matter is a complex legal case, and it helps to have good guidance from day one. This avoids costly mistakes, including mistakes that could end your dream of living and working in the United States.
Contact Hykel Law to get started today.
See also:
How Does an Employment-Based Green Card Work?
What Are the Four Types of Immigration?
Suppose you are a non-citizen and were abused by a relative who is a US citizen or lawful permanent resident. In that case, you gain the right to self-petition for immigrant classification.
Under the VAWA visa program, you do not need the abuser to sponsor you, and you do not need their consent. The abuser doesn’t even have to know you’re pursuing citizenship on your own.
You must meet the following requirements.
Certain grounds for inadmissibility do not impact VAWA visa petitioners. For example, the Public Charge (INA 212(a)(4)) does not apply to a VAWA petitioner.
Almost all forms of recognized physical and mental abuse do qualify.
Yes. You can do this by submitting police reports, medical records, text message records, and affidavits from yourself, court officials, psychologists, psychiatrists, doctors, nurses, school officials, social workers, or clergy members.
Working with an attorney can be very helpful here. Often, we need to seek out expert witness testimony to prove the abuse, which we can help you find.
You also need evidence of your relationship with the abuser. If the abuser was your spouse, you’ll need additional evidence that shows you entered the marriage in good faith.
Many VAWA petitions fall apart because the victim does not realize they need certain documentation or understand all the forms of abuse that might qualify. Working with an attorney can help you address these issues.
You must fill out Form I-485, the Application to Register Permanent Residence or Adjust Status, as well as Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.
Suffering through abuse is frightening and confusing. Dealing with the United States government on any immigration matter is also frightening and confusing. Get all the help you can if you’re going to pursue this type of visa.
If you or someone you care about is seeking a VAWA visa, contact Hykel Law to get the help you need today.
See also:
We look forward to helping you with your immigration case. We have the experience, knowledge and staff to handle your matter swiftly. Reach out today to discuss your needs for representation.