Immigration Services

Labor Certification

An employer sponsoring an employee for labor certification must demonstrate that there is a bona fide job opening available at the prevailing wage for that job and that the employer has made an effort to recruit a U.S. worker for the job.

The employer also has to demonstrate that the sponsoring company has the ability to pay the employee’s wage. The Attorneys of immigrantlegalhelp.net will help the employee satisfy the tests required to show ability to pay. When an employer has received a certification from the DOL, an immigrant visa petition is submitted to the USCIS on behalf of the worker.
Our staff guides employers through every step of the intricate PERM labor certification process.

Relative Petitions

Most Immigrants with permanent residency get their green cards through the sponsorship of relatives. Two steps are involved. First, a U.S. citizen or permanent resident files a petition for his or her relative. If the petition is approved, the relative has a "basis to immigrate," or a path to a green card. Second, the relative for whom the petition is approved applies for a green card - from overseas, he or she applies at an embassy (called "consular processing"), or, from inside the U.S., he or she applies with the INS (called "adjustment of status").

There are two kinds of Petitions for relatives - "immediate relative" petitions and "family preference" petitions. The most obvious difference between these categories is timing - people for whom an immediate relative petition is approved can apply for a green card immediately, whereas people for whom a family preference petition is approved usually have to wait, usually at least a year or two, and in some cases ten years or more, until they can apply for a green card. (There are other important differences as well.) Note, however, that although "immediate relatives" can apply "immediately" for a green card, in reality it can take time, up to a year or more, to go through the immigration process.

Immediate Relatives are spouses and certain relatives of U.S. citizens. The relations that fit into this category include, citizens' children (so long as they are unmarried and under 21 years of age) and parents (so long as the citizen is 21 or older). These relationships include step-parents and step-children of citizens (so long as the marriage that created the step-relationship took place before the child's 18th birthday), and they include adoptive children and parents (so long as the adoption took place before the child's 16th birthday).

Again, people for whom immediate relative petitions have been approved can apply immediately for permanent residence.

There are many types of work permits, each with specific requirements as to type of position, type of employer, duration, etc. One of the most important steps in the visa application process is to determine what category or categories may be suitable, considering the nature of the position, your background and goals, and other factors. The Attorneys of immigrantlegalhelp.net are well versed in work permits and employment visas. Listed below are some common positions for work permits:

• Chefs and Cooks
• Hospitality Management
• Nurses
• Medical Doctors
• Computer Positions
• Marketing Positions
• Translators
• Designers
• Fashion Models
• Athletes and Entertainers
• Accountant and Taxation consultants
• Agricultural workers
• Architect
• Au pair or Nanny
• Chemists
• Economists
• Lawyers
• Teacher/Professor/Research Assistant
• Religious Workers

Asylum

Immigration status sought by a person either entering the U.S. or already physically in the U.S. who has a reasonable fear of persecution because of race, religion, nationality, membership in a particular social group or political opinion, if forced to return to their country of last residence.

Aliens who have remained in the U.S. for less than one year and are part of an eligible asylum class (i.e. persecuted due to political party, race, religion, gender, sexual orientation group, social group, etc.) Visa Duration

The asylum duration status can be held until a green card is available.
However, the work authorization must be renewed on a yearly basis until a green card is obtained. The waiting period for asylumees is approximately between 5 and 7 years to obtain a green card.

Immigrant Extentions

Permission to enter and/or remain in the United States and extensions of stay in this country are granted by the Department of Justice, Immigration and Naturalization Service (INS). Upon entering the United States, the INS Office at the port of entry places in your passport a small white card, Form I-94. On this card the INS officer writes in either a date or "D/S" (duration of status). The date on the Form I-94 is controlling. That is, if you have "duration of status" you may remain in the U.S. as long as you are in the same job or same category of job. If you have a date on your Form-94, you should apply for your extension of stay with INS prior to its expiry.

The Department of State has no authority to extend your stay or change the information/date on the Form I-94.
A visa is used solely to make application to INS to re-enter the U.S. after being outside of this country. That is, a visa is used only to cross borders and has nothing to do with the length of your stay in the U.S.

Change of Status

If you were lawfully admitted into the United States with a temporary visa, and have not been convicted of a crime during your stay, you may be able to apply to change your visa status so long as your temporary status is valid.
Although you have not committed any crimes, and you were admitted into the United States lawfully, there are some visa categories that may prevent you from changing your non-immigrant status. These include:

D – Crewman visa
C – Transit visa
K – Fiancée visa
S – Informant visa

If you are the spouse or child of someone with one of the following visas, you do not need to apply to change your status to attend school. However, if your spouse or parent changes their visa status, you will have to apply to change your status:

A – Diplomatic visa
E – International Trade and Investors
G – Representatives to international organizations
H – Temporary workers
I – Foreign media
J – Exchange visitors
L – Intra-company transferees

The Attorneys of immigrantlegalhelp.net can advise you of any and all restrictions and can assist in completing your application with the correct documentation while explaining your options if you are denied a change.