How to apply:  One has to file Form I-485, Application to Register Permanent Residence or Adjust Status to apply for a Green Card without leaving the country. One must have an approved Form I-360 in order to qualify for a Green Card. If a visa is immediately available to them, they do not have to wait until your Form I-360 is approved to file Form I-485. A VAWA self-petitioner seeking to adjust status as an immediate relative, may file Form I-485 at any time because visas are always immediately available for immediate relatives. A VAWA self-petitioner seeking to adjust under a family-based preference category may need to wait for a visa to become available. If a visa is immediately available, you may file your Form I-485: Together (“concurrently”) with your Form I-360; While your Form I-360 is pending; or After your Form I-360 is approved (and remains valid). If there is already a pending Form I-485 based on an approved Form I-130, Petition for Alien Relative that the abusive family member filed, one may request to convert Form I-485 so that it is based on VAWA self-petition. To make this request, one must notify the USCIS field office adjudicating the pending Form I-485 that has been filed a VAWA self-petition or that one will do so within 30 days. One should also provide the USCIS field office with a safe address where they can mail all future correspondence to you. If one does not submit evidence that you filed a VAWA self-petition within 30 days of requesting to convert your Form I-485, USCIS may make a decision on your pending application based on the original Form I-130 filed by the abusive family member. Otherwise, if USCIS approves your VAWA self-petition, your application to adjust status will be based on the VAWA self-petition instead of the original Form I-130. While begining the process of filing for U.S. residence under the Violence Against Women Act (VAWA), one must not only fill out and submit a self-petition on Form I-360 to U.S. Citizenship and Immigration Services (USCIS), but also submit evidence showing that s/he meets the VAWA eligibility requirements and qualifies for relief. Evidence to Include With USCIS Form I-360 A self-petitioning spouse must satisfy seven requirements to establish eligibility for a VAWA self-petition. 1. Relationship to the abuser:  Generally, self-petitioning spouses can demonstrate the existence of a marital relationship with a valid marriage certificate. A self-petitioning child must prove that s/he is the natural child, stepchild, or adopted child of a citizen or lawful permanent resident. A self-petitioning parent must prove a parental relationship to their U.S. citizen son or daughter. If the self-petitioner is currently not married to the abuser by reason of the abuser’s bigamy, death, or divorce, the self-petitioner may still qualify if she can prove that: She believed that she has legally married the abuser, but the marriage was invalid due to her abuser’s bigamy. She was the spouse of a U.S. citizen who died within the past two years She was divorced from

If you and your spouse were married for less than two years when your green card (visa) was obtained, it would be “conditional,” meaning it will only be valid for two years. To become a permanent resident of the United States, you must apply for Removal of Conditions and get a 10-year green card. What is a Conditional Green Card? A conditional green card allows you to live and work in the United States as any other green card holder, but only for two years before you must update your status to a full, ten-year green card. If your immigration status is not adjusted within the 90-day window before your conditional Green Card expires, you will lose your permanent resident status and be forced to leave the United States. Conditional Green Cards are not renewable. Fresh казино для российских игроков: Полный обзор функций Добро пожаловать в захватывающий мир онлайн-казино! В этой статье мы представляем вам полный обзор Fresh казино, которое специально разработано для российских игроков. Если вы ищете надежное и захватывающее казино, которое предлагает широкий выбор игр, щедрые бонусы и безопасные платежные методы, то Fresh казино – это то, что вам нужно. Мы рассмотрим все ключевые функции Fresh казино, включая его игровую платформу, коллекцию игр, бонусные предложения, программу лояльности и многое другое. Вы узнаете, почему Fresh казино является одним из самых популярных онлайн-казино в России и почему оно заслуживает вашего внимания. Готовы ли вы окунуться в увлекательный мир азартных игр и испытать свою удачу? Давайте начнем этот увлекательный путешествие вместе и узнаем все о Fresh казино для российских игроков! Казино Fresh: популярное место для российских игроков Fresh казино для российских игроков предлагает полный спектр функций, которые делают его одним из лучших вариантов для любителей азартных игр. Сайт https://freshcasino247.com/ обладает привлекательным дизайном и интуитивно понятным интерфейсом, что делает его использование максимально комфортным. Здесь вы найдете огромное количество игровых автоматов, настольных игр и живых казино, чтобы удовлетворить каждый вкус и предпочтение. Одной из главных особенностей Fresh казино является наличие щедрых бонусов и акций. Новые игроки получают приветственный бонус, а также могут участвовать в различных акциях, которые проходят на сайте. Кроме того, регулярные игроки могут претендовать на дополнительные бонусы и специальные предложения, что делает игру еще более интересной и выгодной. Fresh казино также предлагает удобные способы пополнения и вывода средств. Вы можете использовать различные платежные системы, включая банковские карты, электронные кошельки и мобильные платежи. Все операции выполняются быстро и безопасно, что гарантирует надежность и комфортность игры на сайте. Независимо от того, являетесь ли вы новичком или опытным игроком, Fresh казино предлагает множество возможностей для отличного времяпрепровождения и высоких выигрышей. Заходите на сайт https://freshcasino247.com/ и наслаждайтесь качественными играми, щедрыми бонусами и безопасными транзакциями. Основные функции и игровые возможности казино Fresh Fresh казино – это новое онлайн-казино, специально созданное для российских игроков. Оно предлагает широкий выбор игр, щедрые бонусы и удобный интерфейс. В Fresh казино вы найдете все, что нужно для захватывающего и безопасного игрового опыта. Одной из главных особенностей Fresh казино является его обширная коллекция игр. Здесь вы найдете сотни популярных слотов, классические настольные

You may receive a Request for Further Evidence (RFE) from USCIS at the adjudication stage if you are preparing a US visa application and have previously filed your petition. An RFE, as the title suggests, is a request for additional documentation. It indicates that the USCIS officer examining your application requires additional information before deciding. An RFE does not guarantee that your application will be denied, nor does it make it more likely to be rejected than if you had not received the RFE. RFEs should: Identify the eligibility requirement(s) that have not been established and why the evidence submitted is insufficient; Identify any missing evidence specifically required by the applicable statute, regulation, or form instructions; Identify examples of other evidence that may be submitted to establish eligibility; and Request that evidence. An officer should not request evidence outside the adjudication scope or otherwise irrelevant to an identified deficiency. The RFE should ask for all the evidence the officer anticipates needing to determine eligibility and should clearly state the deadline for response. Avoiding Multiple RFEs In some cases, the material submitted in response to an RFE may highlight eligibility issues that the officer missed during the first case review or lead to new lines of investigation. The officer may issue a follow-up RFE or NOID in this circumstance. Officers should, however, include all of the material they expect to require to assess eligibility into a single RFE. Multiple RFEs are unnecessary since the officer carefully considers all of the apparent flaws in the evidence. Deadline for RFE An RFE has a maximum response period of 12 weeks (84 days); officials are not permitted to allow additional time to respond to an RFE. However, the laws allow USCIS to give benefit requestors a variety of time frames to respond to an RFE. Officers should adhere to conventional timetables to guarantee consistency. However, they may shorten response times on a case-by-case basis with supervisory approval. Only when circumstances merit it, as judged by the officer and supervisor, may this discretion be exercised. When an RFE is served by mail, the response is considered timely if it is received no more than three days after the deadline, giving a total of 87 days for a reply to be made if USCIS allows the maximum term of 84 days allowed by the regulations. Benefit requestors residing outside the United States or when USCIS mails an RFE from a foreign USCIS field office will receive extended mailing time (14 days) as a matter of policy. When relevant, the RFE should mention the response deadline, including the extra days for postal RFEs.

The H1B visa is also called a Person in Specialty Occupation Visa. Employers who want to hire nonimmigrant aliens as workers in specialty occupations or as fashion models of exceptional merit and ability can use the H-1B program. You’ll be eligible for an H1B visa if you’re hired for a specific job that meets the following criteria: Possession of an advanced educational degree such as: A 4 four year Bachelor’s Degree (or equivalent degree) A Master’s or Doctoral Degree Advanced training or vocational skills (examples include fashion models) Qualify to work in research and development projects of the US Department of Defense or other government positions. Examples of job positions might be: IT specialists. Architects. Accountants. Professors. Doctors. Lawyers, etc. Classification of H1B : There are three types of H1-B Visa. They are- H-1B- Specialty Occupations H-1B2- DOD Researcher and Development Project Worker H-1B3- Fashion Model Eligibility to get H1B Visa: H-1B- Specialty Occupations requires: Theoretical and practical application of a body of highly specialized knowledge; and Attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States. The position must also meet one of the following criteria to qualify as a specialty occupation: Bachelor’s or higher degree or equivalent is usually the minimum entry requirement. The degree requirement is common to the industry in parallel positions among similar organizations. Alternatively, the job is so complex or unique that it can be performed only by an individual with a degree. The employer usually requires a degree or its equivalent for the position. The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with attaining a bachelor’s or higher degree.  H-1B2- DOD Researcher and Development Project Worker job must require a bachelor’s or higher degree, or its equivalent, to perform the duties. The petition must be accompanied by: A verification letter from the DOD project manager for the particular project stating that the beneficiary will be working on cooperative research and development project or a co-production project under a reciprocal Government-to-Government agreement administered by DOD.  A general description of the beneficiary’s duties on the particular project and the actual dates of the beneficiary’s employment on the project. A statement indicating the names of noncitizens currently employed on the project in the United States, their dates of employment, and the names of noncitizens whose employment on the project ended within the past year. To be eligible for this classification, you must have a bachelor’s or higher degree or equivalent in the occupational field where you will be performing services. H-1B3- Fashion Model position/services must require a fashion model of prominence. To be eligible for this visa category, you must be a fashion model of distinguished merit and ability. How to Apply for the H1B Visa? Here are the steps you need to go through to apply for the H1B visa: Make sure you qualify for

The EB4 visa is a work-based green card category that allows foreign citizens to live and work permanently in the United States. If you match the qualifications for a “special immigrant,” you may be eligible for the visa. They can also apply for citizenship by naturalization after five years of living in the U.S. as a green card holder. Eligibility for EB-4 Visa: If you are a special immigrant, you may be eligible for an employment-based, fourth preference (EB-4) visa. The following special immigrants are eligible for the fourth preference visa: Religious workers; Special Immigrant Juveniles; Certain broadcasters; Certain retired officers or employees of a G-4 international organization or NATO-6 civilian employees and their family members; Certain employees of the U.S. government who are abroad and their family members; Members of the U.S. armed forces; Panama Canal Company or Canal Zone government employees; Certain physicians licensed and practicing medicine in a U.S. state as of Jan. 9, 1978; Afghan or Iraqi translators or interpreters; Iraqis who were employed by or on behalf of the U.S. government; and Afghans who were employed by the U.S. government or International Security Assistance Force (ISAF). Petitioning for an Employment-Based Fourth Preference Immigrant To petition for an employment-based fourth preference immigrant, the applicant/ employer must file a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. However, there are certain situations where you, the employee, may self-petition on your behalf. Where to File If you live in the United States, you should generally file at the Chicago, Dallas, or Phoenix Lockboxes, depending on where you live and whether you are also filing Form I-485, Application to Register Permanent Residence or Adjust Status, at the same time (known as “concurrent filing”). For a complete list of addresses, visit our Direct Filing Addresses for Form I-360 page. VAWA Self-Petitioning Spouses, Children, and Parents File your Form I-360 at the Vermont Service Center.  Special Immigrant Juveniles (SIJ) File your Form I-360 at the Chicago Lockbox. Religious Workers You cannot file Form I-360 concurrently with Form I-485. You may file Form I-485 only after USCIS approves your Form I-360. See 8 CFR 245.2(a)(2)(B); Cf. Ruiz-Diaz v. the United States, 703 F.3d 483 (9th Cir. 2012).  Iraqi and Afghan nationals who worked for or on behalf of the U.S. government in Iraq or Afghanistan You may scan and email your petition with the required documents (preferably in .pdf format) to nsci360sivapp@uscis.dhs.gov. Please include the email address you want us to send your electronic receipt. If you do not have an email address with your form, USCIS will send the receipt notice electronically to the email address you used to submit your petition.

A party that is displeased or unsatisfied with the outcome of a lawsuit for obvious reasons can file an appeal. If an immigrant’s application to the United States Citizenship and Immigration Services (USCIS) is denied, the judgment can be appealed to the Administrative Appeals Office (AAO). An appeal is an application, mostly in writing, to the authority to review an unfavorable decision. Appeals can end in one of three outcomes: the initial judgment may be reversed and dismissed, modified, or left unchanged.  Each administrative judgment in the context of immigration must first be appealed to a higher-level administrative agency, depending on the case. The Board of Immigration Appeals (BIA) and the Administrative Appeals Office (AAO), formerly known as the Administrative Appeals Unit, are the two principal administrative appellate authorities that supervise immigration appeals (AAU). Types of immigration appeals Immigrants must go through a variety of appellate processes. These procedures are determined by the immigrant’s petition or application, whether the individual has valid immigration status, and whether the immigrant is detained in an immigration detention facility. There are five main types of immigration appeals: Appeals before the AAO; Appeals before the BIA; Criminal alien appeals; Habeas corpus, Mandamus and APA actions; Petitions for Review to U.S. Courts of Appeals; Motion to reconsider/motion to reopen. What types of immigration issues can be brought before the Administrative Appeals Office? The Administrative Appeals Office (AAO) examines decisions made by officers of the United States Citizenship and Immigration Services (USCIS) The AAO can hear appeals on around fifty various forms of immigration applications and petitions, including: Most employment-based immigrant and non-immigrant visa petitions. EB-5 immigrant investor petitions. Temporary Protected Status applications. K-1 Fiancé(e) visa petitions. Applications for a waiver of inadmissibility. Applications for permission to reapply for admission after removal / deportation (I-212 waiver); Certain special immigrant visa petitions. Orphan petitions. T visa applications for victims of human trafficking and related adjustment of status application. U visa petitions for victims of criminal activity and related adjustment of status application. Applications for certificates of naturalization and citizenship. Applications to preserve residence for naturalization purposes. Immigration and Customs Enforcement (ICE) determinations that a surety bond has been breached. How to File an AAO Appeal? When the USCIS declines an application, the agency sends the applicant a letter detailing why the application was denied. The letter will include instructions on how to file an appeal or a motion for reconsideration if the decision is one that can be challenged. The majority of appeals must be filed using Form I-290B of the United States Customs and Immigration Service. I-290B, Notice of Appeal or Motion Use this form to file: An appeal with the Administrative Appeals Office (AAO);  A motion with the USCIS office that issued the latest decision in your case (including a field office, service center, or the AAO); or Certain appeals of the denial of an Immigration and Customs Enforcement (ICE) Form I-17, Petition for Approval of School for Attendance by Nonimmigrant Student, with the ICE Student

An overview of the parole process steps is as follows: Step 1: Filing of Parole Request The petitioner reads the instructions for Form I-131, Application for Travel Document and Form I-134, Affidavit of Support. Then, the petitioner files the following at the USCIS Lockbox in Dallas: Complete Form G-1145, E-Notification of Application/Petition Acceptance, and clip it to the front of the application to get an email or text message when USCIS accepts your form. 20 Tiradas Gratis Sin Depósito: Comienza a Ganar Hoy en España ¿Estás listo para ganar dinero sin arriesgar ni un centavo? En España, los amantes de los juegos de azar tienen la oportunidad de disfrutar de 20 tiradas gratis sin depósito. Sí, has leído bien. Veinte oportunidades para llevar a casa grandes ganancias sin tener que invertir ni un euro. En este artículo, te contaremos todo lo que necesitas saber sobre estas tiradas gratuitas y cómo puedes aprovecharlas al máximo para aumentar tus posibilidades de ganar. ¡Prepárate para una emocionante aventura en el mundo de los casinos en línea! Desde las tragamonedas hasta la ruleta y el blackjack, los casinos en línea ofrecen una amplia variedad de juegos donde puedes probar suerte y ganar grandes premios. Pero, ¿qué tal si te dijera que puedes empezar a ganar hoy mismo sin necesidad de hacer un depósito? Las 20 tiradas gratis sin depósito son una excelente manera de adentrarte en el emocionante mundo de los casinos en línea sin arriesgar tu propio dinero. En este artículo, exploraremos cómo funcionan estas tiradas gratuitas, qué juegos puedes disfrutar con ellas y algunos consejos prácticos para maximizar tus oportunidades de ganar. ¡Prepárate para descubrir una forma emocionante y segura de ganar dinero en España! Conoce las ventajas de las tiradas gratis sin depósito en España ¿Te gustaría ganar dinero sin tener que hacer ningún depósito? ¡Entonces estás en el lugar correcto! En Betzoid, ofrecemos a nuestros jugadores españoles la oportunidad de disfrutar de 20 tiradas gratis sin depósito. ¿Qué esperas para empezar a ganar hoy mismo en España? Simplemente regístrate en nuestra plataforma y reclama tus tiradas gratis en https://betzoid.com/es/20-tiradas-gratis-sin-deposito/. En Betzoid, entendemos que a veces puede ser difícil comenzar a jugar en un casino en línea. Por eso, queremos brindarte una oportunidad totalmente gratuita para que pruebes nuestros juegos de casino sin tener que arriesgar tu propio dinero. Con nuestras 20 tiradas gratis sin depósito, puedes experimentar la emoción y la diversión de nuestros juegos y, al mismo tiempo, tener la posibilidad de ganar dinero real. ¿A qué estás esperando? ¡Regístrate ahora en https://betzoid.com/es/20-tiradas-gratis-sin-deposito/ y comienza a ganar hoy mismo en España! No pierdas esta increíble oportunidad de ganar dinero sin arriesgar nada. En Betzoid, nos enorgullece ofrecer a nuestros jugadores españoles las mejores promociones y bonificaciones. Con nuestras 20 tiradas gratis sin depósito, tienes la oportunidad de probar nuestros juegos de casino y ganar dinero real sin tener que hacer ningún depósito inicial. ¿Estás listo para la emoción? ¡Regístrate ahora en https://betzoid.com/es/20-tiradas-gratis-sin-deposito/ y comienza a ganar hoy mismo en

You’ve probably heard of the “Million Dollar Green Card” or the option to “purchase a Green Card”— typically known as the EB-5 visa, obtained through the Immigrant Investor Program. The program was created in 1990 as part of the Immigration Act and was last updated in 2019. It allows foreign entrepreneurs who invest a significant amount of money in the United States to obtain a Green Card. Because they fall under the employment-based fifth preference visa category, these noncitizens are sometimes known as “EB-5 immigrant investors.” The Green Card through investment is particularly appealing for self-employed and company people. The investor Green Card is an effective way to enter the United States without waiting extended periods if applicants have enough money or other assets. Once all requirements have been met and approved by USCIS, EB-5 visa applicants, their spouses, and their children under 21 will be granted Permanent Residency in the United States (a.k.a. a “Green card”). The United States Citizenship and Immigration Services (USCIS) established various requirements for obtaining permanent residency via the EB-5 visa program. The summarized requirements are as follows: The investor must meet capital investment amount requirements; typically, $800,000 or $1,050,000 is required for a U.S. commercial enterprise. Create at least ten full-time positions for qualifying employees, and Ensure that the business receiving the investment is eligible for the EB-5 program. All EB-5 investors must invest in a new commercial enterprise that was established: After Nov. 29, 1990; or On or before Nov. 29, 1990, that was: Purchased and the existing business is restructured or reorganized in such a way that a new commercial enterprise results; or Expanded through the investment, resulting in at least a 40% increase in employees’ net worth. Commercial enterprise means any for-profit activity formed for the ongoing conduct of lawful business, including: A sole proprietorship; Partnership (whether limited or general); Holding company; Joint venture; Corporation; Business trust; or Other entities may be publicly or privately owned. A commercial enterprise that consists of a holding company and its wholly-owned subsidiaries is included in this definition if each subsidiary is engaged in for-profit activity. How to Apply If an applicant is currently residing in the United States and meets the requirements for an EB-5 immigrant investor visa, he may file Form I-485, Application to Register Permanent Residence or Adjust Status, to apply for a Green Card without leaving the country. Only after USCIS has granted Form I-526, Immigrant Petition by Alien Entrepreneur, and a visa is immediately available may he file Form I-485. What to Submit as a Principal Applicant An EB-5 immigrant investor on Form I-526 is called the principal applicant. As the principal applicant, one should submit the following documentation and evidence to apply for a Green Card as an EB-5 immigrant investor who is already in the United States: Form I-485, Application to Register Permanent Residence or Adjust Status; Copy of the Form I-797, Approval Notice, for your Form I-526 petition; Two passport-style photographs; Copy of your government-issued identity document

Parole is a tool available under the Immigration and Nationality Act (INA) that allows certain individuals to enter the United States and stay for a limited time without requiring an immigrant or non-immigrant visa. Humanitarian parole allows foreign nationals to enter the United States in an emergency or for reasons of public interest. Humanitarian parole applications are most commonly based on a desire to visit sick family members in the United States, attend funerals, or seek medical treatment in the United States. However, applying for humanitarian parole does not require a specific emergency or humanitarian reason. USCIS will assess applications and approve or deny them on a case-by-case basis. Who Can Apply for Parole? Anyone may request parole for themself, or on behalf of another individual, by filing Form I-131, Application for Travel Document. The petitioner is an individual or entity filing Form I-131, Application for Travel Document, on behalf of an individual outside of the United States. The petitioner does not have to be a resident of the United States or related to the beneficiary. The petitioner may also self-petition for parole. Qualification for Parole On a case-by-case basis, a USCIS official evaluates each request and the evidence given, considering all circumstances. (See the INA’s Section 212(d)(5).) The petitioner bears the burden of proof proving that parole should be granted. Based on all of the facts presented by the petitioner and any other relevant evidence available to them, USCIS concludes if the petitioner is fit for parole regarding: There are urgent humanitarian or significant public benefit reasons for the beneficiary to be in the United States; and The beneficiary merits a favorable exercise of discretion. Humanitarian Considerations “Urgent humanitarian reasons” does not have a legal or regulatory definition. USCIS officers consider all of the conditions, including (but not limited to) the following: Whether or not the circumstances are pressing; The effect of the circumstances on the individual’s welfare and wellbeing; and The degree of suffering that may result if parole is not authorized. Identifying who is eligible for parole On a case-by-case basis, USCIS uses authority by evaluating positive aspects of the record against any bad aspects. USCIS consider (but are not limited to) the following discretionary factors: Whether the purpose of the parole request may be accomplished within a specific, temporary period of time; Whether the beneficiary intends to leave the United States once their parole expires or has means to obtain lawful immigration status during the parole authorization period or any re-parole period that is envisioned (where applicable); Whether there is evidence of any national security concerns; Whether there is evidence of any criminal history or previous immigration violations; Whether there is evidence of any previous participation in fraud; Whether the beneficiary’s presence would benefit a U.S. citizen or lawful permanent resident or community in the United States; Whether the beneficiary will have sufficient financial support while in the United States; Evidence of the beneficiary’s character; The effect of the beneficiary’s presence on a community in the

EB-3 is one of the employment-based green card application processes–within this third preference of employment based petition, a U.S. employer can ask for a permanent residency petition of his/her alien (non-American) employee. It gives the holder indefinite/permanent residency to live and work in the United States as with other green cards. People can apply for EB-3 (PERM) under three categories: Professionals: Persons whose job requires at least a U.S. baccalaureate or foreign equivalent degree and are a member of the professions. Skilled worker: Persons who meet the educational, training, or experience requirements of the job opportunity. Relevant post-secondary education may be considered as training and at least 2 years of job experience is required for this category.  Unskilled worker: Persons performing unskilled labor requiring less than 2 years of training or experience, not of a temporary or seasonal nature.  The process is almost the same for three categories except the advertisement part. The whole process, including the processing time, is described below: Step 1: Formulate job duties and minimum requirements The first step in the process is a series of correspondence between the attorney, employer, and employee to establish the crucial details of the job for which the employee is being sponsored. This includes job title, job duties, minimum education and experience requirements, job location, number of employees being supervised, and other vital details. The employer must articulate the job requirements based on DOL regulations and realistic business practices. The employee must be able to show that she possessed the job requirements when accepting the offer. Previous experience and education must be adequately documented. Changes in the job duties, minimum requirements, or location later down the road could require beginning the process anew. Step 2: Program Electronic Review Management (PERM) Labor Certification PERM application is submitted to the Department of Labor (DOL). This process takes approximately 10-16 months. Once the job details have been established, the employer has to  submit an online PWD request to the Department of Labor (DOL). DOL will determine the prevailing wage for the position in the specified geographic location, based on the job duties, minimum requirements, and other details. If a collective bargaining agreement governs the wage for the position, documentation is submitted to DOL to show this. PWD sets the minimum wage that the employer must be willing to pay the employee when the employee becomes a legal permanent resident. Currently, DOL issues a prevailing wage determination in 4-5 months. The next step is job advertisement and recruitment. The employer needs to conduct a widespread job advertisement, interviewing the candidates, and ultimately determine that no US workers are qualified, willing, and available to take the job. In this phase, the employer needs to post a job advertisement in a Local Newspaper and State Workforce Agency Website to attract U.S. Workers. This process takes approximately 2 months. There are three additional recruitment steps required for the professionals and skilled workers. Perhaps the ads will be valid for 180 days, the employer needs to follow a strict timeline for these steps and keep records.  If a willing

Asylum and refugee status are legal protections granted to people who have fled their home country for their safety and are afraid to return to any part of that country. People who flee their home countries due to persecution may apply for asylum in the United States. If they are granted asylum, they will be provided with protection and the right to remain in the United States. Persecution can be defined as harm or threats of harm to you, your family, or people who are similar to you. A person may also seek asylum if he or she has previously faced persecution in his or her home country. You can only obtain asylum if one of the reasons someone harmed or may harm you is because of your race, religion, nationality, political opinion (or a political opinion someone believes you have), or membership in a “specific social group.” What is the distinction between asylum and refugee status in U.S. immigration law? It depends on where you are at the time of application. People living outside the United States must apply for refugee status, which is usually done through the United Nations High Commission for Refugees. The President of the United States sets an annual limit on total approvals. People who have already crossed the border or entered the United States (either legally or illegally) can, in theory, apply for asylum. Once granted, both refugee and asylee statuses allow a person to remain in the United States indefinitely. Asylees and refugees are allowed to work and apply for a green card within one year of entering the United States as refugees or being granted asylum. Types of Asylum The two ways of obtaining asylum in the United States are the affirmative process and the defensive process (see USCIS website for more information). The affirmative asylum process is for people who are not in removal proceedings. In contrast, the defensive asylum process is for people in removal proceedings. When the United States government orders your removal (deportation) from the country, you are in removal proceedings. Affirmative Asylum Processing with USCIS Regardless of the present immigration status, a person physically present in the United States and not in removal proceedings may apply for asylum proactively through the United States government via the U.S. Citizenship and Immigration Services (USCIS), a division of the Department of Homeland Security (DHS). Applicants must apply for asylum within one year of the date of their last arrival in the United States unless they can show: •  Changed circumstances that materially affect their eligibility for asylum or extraordinary circumstances relating to the delay in filing; and • They filed within a reasonable amount of time, given those circumstances. If the USCIS asylum officer denies the applicant’s asylum request, the applicant moves to removal proceedings. In that case, they may renew the request for asylum through the defensive process and appear before an immigration judge. Defensive Asylum Processing with EOIR When individuals file a defensive asylum claim, they attempt to

“Labor Certification” is the most common employment-based option for obtaining a green card. To obtain labor certification, a U.S. employer must prove that there are no minimum qualified U.S. workers for the position. Once this application has been “certified” by the U.S. Department of Labor (DOL), the employer will be able to apply to the U.S. Citizenship and Immigration Services (CIS) for permanent residency (a “green card”) for the foreign employee. What is PERM Labor Certification? The PERM process, which stands for “Program Electronic Review Management,” is a series of steps that an employer must take to demonstrate that no U.S. citizen worker is available to fill the position. Also, wages offered by the employer must not be lower for foreign workers than what a U.S. citizen would demand. Overall, the primary purpose of PERM certification is to evaluate whether hiring a non-U.S. citizen employee would prevent equally capable U.S. workers from acquiring similar positions. How Does PERM Work? The following guide will go over the procedure for obtaining a PERM certification. Step 1: Prevailing Wage Determination (PWD) Request The employer makes a “prevailing wage request” to the U.S. Department of Labor (DOL) via its FLAG website (the former “icert” website was decommissioned in 2020). The DOL receives information regarding the offer from the prevailing wage request, such as employment requirements, job duties, and workplace location. The DOL uses this information to issue an employer a prevailing wage determination (PWD), which specifies the average rate for a particular employment position at a specific worksite. The PWD is a critical aspect of the PERM process because immigration law requires employers to pay foreign workers at least the prevailing wage for the worker’s position. Employers must provide the correct worksite location on the prevailing wage request to ensure that the DOL gives them the accurate PWD. Step 2: Placing Ads and Recruiting The next recruitment step is especially critical, as the entire point of the PERM process is to demonstrate to the DOL that no willing and qualified U.S. workers applied for the job opportunity. The employer is required to perform “good faith” recruitment, which means that the recruitment must be genuinely aimed at attracting any available American workers. There are three obligatory advertisements for PERM. • Job order: In the state where you plan to work, your employer must post an advertisement with the state workforce agency for a period of 30 days. •  Advertisement in the newspaper: The employer must place newspaper advertisements on two different Sundays. The newspaper must be the major newspaper of general circulation in the area of intended employment. •  Additional recruitment steps: The employer must also place three additional advertisements and display a notification of the job opportunity at the worksite location. If possible, employers should put all of the adverts simultaneously (or near to the same time). The timeline needs to be followed because all advertisements must be less than 180 days old when filing the PERM application. If one of the ads is more than 180 days old,