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- Has the notice listing the requirements and forms needed to apply for Biden’s new program been released and I just missed them? No, the Federal Register listing the eligibility requirements and process for applying for Parole in Place has not been released to the public as of the date of this publication. Notice has been made available indicating that the public will be able to apply for the PIP program beginning on Monday, August 19, 2024; however, nothing has been published/released yet advising the public on how to apply (i.e., what forms are required, what filing fees are required, etc.)
- I need to provide a copy of my I-94 to my Attorney for my transfer filing. Where can I find it? An I-94 is an electronic record of your arrivals to and departures from the United States. The system is now entirely electronic, no paper I-94 records are issued. An I-94 record can be accessed at the following link – https://i94.cbp.dhs.gov/I94/#/home, click on GET MOST RECENT I-94, click I ACKNOWLEDGE AND AGREE, and next enter the necessary details from your passport and click NEXT. Once the I-94 record appears you can print it and you will have the option at the bottom of the screen to obtain your I-94 travel history, click on the blue button to obtain your I-94 travel history and print it.
- What happens if I need to term/lay off an employee prior to the date listed on their H-1B visa? As an employer if you terminate an employee prior to the expiration of their H-1B status, you are responsible for making an offer to cover their reasonable travel expenses to return to their home country. Once the candidates are terminated from employment with your company, they will have 60 days (“60 grace period”) to find another U.S. employer sponsor to transfer their H-1B visa, change status to a dependent H4 visa status, or change status to another eligible visa category, or make plans to leave the United States. If they can secure another U.S. employer sponsor willing to transfer their H-1B status, then they will be able to begin working with that company immediately upon the filing of the H-1B transfer/extension petition with the USCIS and will not have to have the case premium processed if all is filed within the 60-day grace period. Accordingly, if the candidate is unable within the 60 day grace period to find a sponsor, does not change to another visa status, and plans to leave the U.S., your company will have to provide sufficient funds to cover the reasonable travel expenses for them to return home (only them, you are not responsible for anything involving their dependents). Once they are terminated, you should draft the necessary notice and mail it to the USCIS notifying them of the termination.
- If I want to sponsor a person from Aruba for an employment based green card through my company, although they have never been in the U.S. and are not currently present in the U.S., can I? A person does not need to be present in the United States to accept a future job opportunity to work with a U.S. employer. If you have a position that is open and available, and they meet the minimum education and experience requirements for the position, then you may initiate the employment based green card sponsorship process on their behalf. You will need to conduct a test of the U.S. labor market to see if there are qualified, willing and able U.S. workers to fill the position. If you are unable to find any qualified, willing, and able U.S. workers through your test of the Labor market who meet your minimum education and experience requirements for the position, then you may file an Application for Labor Certification on their behalf with the Department of Labor. The Labor is only the first step in the Employment Based Green Card sponsorship process. It would be advisable for you to speak with a qualified Employment-based Immigration Attorney to discuss the entire process.
- How can I check to see the timeline for getting a Green Card? Your question is extremely broad, but we will do our best to direct you to the Department of State monthly visa bulletins. These visa bulletins are issued on a monthly basis and establish the cut off dates for individuals able to file an Adjustment of Status application with the USCIS or pursue Consular Processing with the Department of State (DATES FOR FILING), and those who are in queue to receive their Green Card (FINAL ACTION DATES). Visa bulletins dating back to Fiscal year 2002 through the present can be found at the following link: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html. The Visa Bulletin for August 2024 can be found here – https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2024/visa-bulletin-for-august-2024.html. The Visa Bulletin for September 2024 can be found here – https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2024/visa-bulletin-for-september-2024.html. The USCIS is the agency that determines which chart to follow in any given month. https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/adjustment-of-status-filing-charts-from-the-visa-bulletin
- How long is it taking to get a final prevailing wage determination back from the Department of Labor? We advise our clients that it is taking approximately 206+ days from the date we submit the prevailing wage request to the DOL until we receive the final prevailing wage determination based on our experience over the last year. However, on Monday (08/12/2024), we received a final prevailing wage determination for a prevailing wage request filed only 158 days ago that also received a Request for Information (RFI) prior to the issuance of the final prevailing wage determination.
- How long is it taking to get a certified Labor (Form 9089) from the Department of Labor? We advise our clients that it is taking approximately 14 months+ from the date we submit Form 9089 to the DOL before we receive a Certified 9089 from the DOL, without Audit. If an Audit is issued on the Form 9089, it will take significantly longer.
- Is the filing fee for an Advance Parole document the same as the filing fee for a Re-Entry permit? Yes, Form I-131 requires a USCIS filing fee of $630.00 whether you are filing to request Advance Parole, or a Re-Entry permit.
- How do I find out what documents the Consulate will need for my mother’s case? I am assuming you are referring to Consular Processing for your mother’s Immigrant visa once her I-130 is approved. You can find particular country requirements for civil supporting documents by visiting https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country.html and selecting the specific country from the A-Z list on the left hand side of the screen. Once you choose a country, you can scroll down and see the country’s requirements for: Birth, Death and Burial Certificates; Marriage, Divorce Certificates; Adoption Certificates; Identity Card; Police, Court, Prison Records; Military Records; etc.
- How old do I need to be to apply for Naturalization? You must be at least 18 years old to qualify for Naturalization AND you must meet ALL other eligibility requirements. The USCIS has published a helpful brochure, 10 Steps to Naturalization – Understanding the Process of Becoming a U.S. Citizen found here: https://www.uscis.gov/sites/default/files/document/brochures/M-1051.pdf
MVP Law Group would like to thank everyone who contributed a question or comment.
Our next “Immigration Q & A Forum” is scheduled for Friday, August 30, 2024!
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