A motion to reopen is a request to the original decision maker to review a decision.  The motion must be based on factual grounds, such as the discovery of new evidence or changed circumstances, and “state the new facts to be provided in the reopened proceedings and be supported by affidavits or other documentary evidence.” If the underlying application or petition was denied due to abandonment (e.g., failure to respond timely to a request for evidence or a notice of intent to deny), a motion to reopen may be filed if it can be shown that: The requested evidence was not material, The required initial evidence was submitted with the application or petition, The request for appearance or additional evidence was complied with during the allotted period, or The request for evidence or appearance was not sent to the address of record. A motion to reconsider is a request to the original decision maker to review a decision based on new or additional legal arguments.  The motion must establish that the decision was incorrect based on the evidence of record at the time of that decision, and it must state the reasons for reconsideration.  A motion to reconsider must be supported by “any pertinent precedent decisions to establish that the decision was based on an incorrect application of law or [USCIS] policy.”  Unlike a motion to reopen, new evidence or changed circumstances cannot support the filing of a motion to reconsider. How do I file a motion? Most motions are filed on Form I-290B, Notice of Appeal or Motion, with the appropriate fee.  If your motion needs to be filed on a different form, your denial notice will include the appropriate form information. Please note that a written letter submitted to USCIS is not considered a motion.  Motions must be filed on the appropriate form and submitted with the required fee (unless a request for a fee waiver was approved). Motions regarding an asylum decision do not require a Form I-290B, Notice of Appeal or Motion (or any other DHS form).  A filing fee is also not required for motions regarding an asylum decision.  You or your representative of record must submit any motion within 30 days of the decision and indicate if the motion seeks to reopen or reconsider.  However, failure to file a motion to reopen before this period expires may be excused at the discretion of the Asylum Office Director if you demonstrate that the delay was reasonable and beyond your control.  Either the principal applicant or a dependent may file a motion to reopen or reconsider. When do I file a motion? Generally, motions should be filed within 30 days from the date of the decision (not from the date it was received).  The time for you to file your motion to reopen can only be extended at the discretion of USCIS if you demonstrate that the delay was reasonable and beyond your control. Where do I file a motion? Your denial notice will include information about which

When Can I Apply for Naturalization? If you were granted asylum in the United States, a maximum of one year of your time in asylee status counts as permanent residence Please note, if you waited longer than a year to apply for your green card, that extra time will not count towards your naturalization You can also turn in your USCIS Form N-400 (Citizenship Application) 90 days before your required years of permanent residence have passed. This 90-day period compensates for the fact that USCIS might not act on your application (or call you in for an interview) for at least that amount of time. Refugees and asylees may apply for naturalization 5 years after the date of their admission to lawful permanent residence. More details can be found on https://www.uscis.gov/citizenship. Usually, a person becomes eligible for naturalization after starting the 5 years period  of being a permanent resident.  But, in case of asylees, they become eligible for naturalization 4 years after the approval of their permanent resident (Green Card) application as their permanent residence starting day is dated 1 year back from the approval of the Green Card application. Your Immigration File It gives the U.S. Immigration Citizenship Services (USCIS) another chance to review your immigration file and your life events after you received the asylum If you recently obtained U.S. asylum, be mindful of this possibility and ensure that you do not do anything that could hurt your future citizenship And If you are ready to apply for naturalization now, you should carefully consider and address any of these issues that might apply to you Scenario 1 USCIS will Recheck Whether or not Your Asylum Claim was Bona Fide? When USCIS reviews a former asylee’s application for naturalization, it wants to make sure that the person’s underlying asylum claim was bonafide USCIS might look closely at the person’s naturalization application and history in the United States to make sure that it is consistent with the reasons he or she requested asylum For example, if a man requested asylum because he feared persecution in his home country based on his sexual preference of liking a same-sex partner But he married a woman instead of a man USCIS might wonder if he lied about his sexual orientation on his asylum application If a Christian pastor fled his home country because the government was persecuting Christians, but now is a practicing Muslim USCIS could believe that he lied about his religion to receive asylum In both of these cases, the underlying asylum claim might truly be bona fide, and the person’s life might simply have changed significantly since the application for asylum Nevertheless, USCIS will look closely at the application and could deny it if the applicant cannot offer a strong explanation for the discrepancies You should be able to explain such changes is by providing corroborating documentation Include a letter explaining the change in life circumstances along with your application. Scenario 2 USCIS Will Examine Your Travel History If a

Asylum is a form of protection which allows an individual to remain in the United States instead of being removed (deported) to a country where he or she fears persecution or harm. Under U.S. law, people who flee their countries because they fear persecution can apply for asylum. If they are granted asylum, this gives them protection and the right to stay in the United States. Those who are granted asylum are called asylees. Every year people come to the United States seeking protection because they have suffered persecution or fear that they will suffer persecution due to: Race Religion Nationality Membership in a particular social group Political opinion Can I Stay Back in the United States if I am Eligible for Asylum? ● If you are eligible for asylum, you may be permitted to remain in the United States ● To apply for asylum, file a Form I-589, Application for Asylum and for Withholding of  Removal, within one year of your arrival to the United States ● There is no fee to apply for asylum Can I Include My Spouse and Children? You may include your spouse and children who are in the United States on your application at the time you file or at any time until a final decision is made on your case To include your child on your application, the child must be under 21 and unmarried. For more information see our Form I-589, Application for Asylum and for Withholding of Removal page If you have an asylum application pending with the USCIS, you can check your case status online. All you need is the receipt number that we mailed you after you filed your application Start here: uscis.gov/casestatus  Can I Bring my Spouse and My Children to The United States After Receiving Asylum? If you are granted asylum you may petition to bring your spouse and children to the United States by filing a Form I-730, Refugee/Asylee Relative Petition To include your child on your application, the child must be under 21 and unmarried You must file the petition within two years of being granted asylum unless there are humanitarian reasons to excuse this deadline There is no fee to file this petition When Can I File for Permanent Residency? U.S. immigration law allows asylees to apply for lawful permanent resident (LPR) status after they have been physically present in the U.S. for at least one year since being granted asylum To apply for a Green Card, file a Form I-485, Application to Register Permanent Residence or to Adjust Status You must submit a separate I-485 application packet for yourself and, if applicable, for each family member who received derivative asylum based on your case For more information about Green Cards, see USCIS’s Green Cards for Asylees  page However, you will not be eligible to apply for asylum if you: Filed your application after being in the United States for more than one year However, you may still qualify for an exception if you show

Form I-485, Application to Register Permanent Residence or Adjust Status, is the official green card application. A foreign national physically present in the United States must submit Form I-485 to become a lawful permanent resident (Green Card holder). Filing a green card application can be a very complicated, time-consuming, and lengthy process. Therefore, one must know all the aspects of the process with heart. Check Your Eligibility First  Determining a green card application eligibility can be tricky since it depends on various factors. However, in general, to be eligible for it, an alien must meet the following criteria: Must be physically present in the United States. The immigration petition must have been approved or submitted. For example – Special Employment-Based (I-140), Family Based (I-130), etc. Petitions are subject to the numerical annual quota for immigrant visas, etc. Must enter the country lawfully Have to maintain a lawful status throughout the stay in the US.  Additionally, according to USCIS, you cannot submit an I-485 application if you came into the US – as a crewman while in transit to another country as a witness or informant; or You are in ‘deportable’ proceedings due to terrorism. Major Requirement Initially, a visa petition (for example, I-140, I-130, etc.) is required. For most applicants, someone else needs to file the petition on their behalf. However, in some circumstances, one might be able to file on their petition.  As listed on the form I-485, a person can submit an I-485 based on seven major categories: family-based (I-130), employment-based (I-140), special immigrant, asylum or refugee, human trafficking victim or crime victim, special programs, and additional options. You have to fall in any of these categories to apply for an adjustment of status application.  When should I submit? When someone should file an I-485 application depends on their petition category and visa availability. For a family-based petition, if you have the Form I-130 approval notice and an immigrant visa number is immediately available, you can proceed with your Green Card application. You can also file Form I-130 and I-485 if you are an immediate relative since an immigrant visa number will be immediately available.  Based on the employment immigrant petition, you may submit your application if you have an approved I-140 petition or you are filing the application with Form I-140, and an immigrant visa number will be immediately available to you. For a fiancé-based petition (Form I-129F), you may file an I-485 application once you come to the US on a K-1 visa and marry the US citizen who sponsored your I-129F petition within 90 days of your entry. If someone entered the United States as a K-2 child, their K-1 parent could also file Form I-485. If you have refugee or asylum status, you must be physically present in the United States for at least a year following the granting of refugee status and continue to meet refugee and asylee status requirements to file I-485 application.  Cost USCIS filing fees for I-485 vary by age,

Hiring an H-1B worker whether on transfer/new or concurrent can be crucial for employers. They have to go through some essential steps to be able to hire such employees.  For hiring a new H-1B worker who is already in the U.S. under the same status, he/she must have been selected in the lottery process to be eligible. H1B visa holders can change their employer while in the US under a process which is known as the H1B transfer. On the other hand, An H1B petition filed on behalf of a foreign national working in the U.S. under an H1B, seeking authorization to allow him to be employed in another job concurrent with his current H1B employment, is commonly referred to as “Concurrent H1B.” One can begin working with his/her second employer as soon as the new H1B petition is filed and received by the USCIS. This means that the H-1B transfer rules apply where one doesn’t have to secure approval before working. However, H1B visa stamping is required for second employment after the H1B petition has been approved. Important First Step: Check the immigration status of the person you want to hire: •If you want to hire someone who needs a sponsor in order to keep working for you, • They want to change or extend their current immigration status. • When an employer files an H-1B visa petition for someone who is already in the United States, it is asking USCIS to change and/or extend that person’s immigration status. • It is assumed that they have an existing status that hasn’t run out. Note: If someone’s status has expired, it is not easy (and almost impossible legally) to change or extend their status. In these situations, talking to an immigration lawyer can help figure out if there are other options. Steps to take before hiring an H-1B worker who is already in the U.S. legally As the employer, you must first figure out the prevailing wage for the job. This is the statistical average wage for workers in the same job in the same area. What does the United States Department of Labor say is the Prevailing Wage? “The prevailing wage rate is the average wage paid to workers in a certain job in the area where the job will be done,” says the definition. Note The “prevailing wage” is the wage that applies under a collective bargaining agreement, like for a public-school teacher, or, if there is no union, it is the average wage paid to workers in a certain job in a certain place. When there is no collective bargaining agreement, there are three ways to figure out the prevailing wage: 1. Send the job description to the DOL through an online system to get a formal prevailing wage determination (PWD). 2. Look at the DOL’s wage data and figure out the right job and salary level on your own. 3. Use a private survey of wages that follows DOL rules. You can either do your own

P3 Visa: Things You Need To Know  The P3 visa is a temporary work visa for foreign artists or entertainers coming to be part of a culturally unique program in the US. It could be to perform, teach, or coach. The P-3 visa is a non-immigrant visa which permits temporary entry into the US. The USA provides a number of short-term work visas upon fulfilling some special criteria. P-3 visa is one of them. This visa may be granted to an individual or as a group. Such events can be either commercially motivated or not commercially motivated. P-3 is not an immigrant visa. The visa holder can stay in the USA for up to one year and the time can be extended up on application.  Eligibility Criteria for P3 Visa A person needs to meet following eligibility criteria to get P-3 visa in US: •        The purpose of visiting the United States should be to develop, interpret, represent, coach, or teach a unique or traditional ethnic, folk, cultural, musical, theatrical, or performing event. •        The applicant must be sponsored by an organization or agent in the United States. •        Applicants must be in good health and have a good character. •        A Petition for Non-Immigrant Worker, particularly the Form I-129, must be filed by the US employer or agent. ·         Every presentation and event should be culturally distinct. Is a P-3 visa an immigrant visa? The P-3 visa is a nonimmigrant visa that allows foreign nationals to enter the United States. A P-3 visa classification may be granted to individuals or groups of artists or entertainers who are coming to the United States to develop, to perform, to teach, or to coach as artists or entertainers, individually or as part of a group, under a culturally distinct program. The initial period of admission for an alien described in subsection (101)(a)(15)(A)(iii) of the Act shall not exceed three years, and extensions of temporary stay may be granted for periods of not more than two years. Can a P-3 Visa holder work in the USA?  Important Aspects of the O, P, and R Visas Listed below are some of the benefits and drawbacks of these specialized work visas: • You may legally work in the United States for your O, P, or R sponsor. To change jobs, however, you must apply to change your status or obtain a new visa. • O, P, and R visas are readily available. • P visas will be issued for the duration necessary to complete a specific event, tour, or season, with a maximum of one year. However, P-1 athletes may be admitted for a maximum of five years with one five-year extension. • As long as your visa stamp and status are valid, you may travel in and out of the U.S. or remain continuously.  Can a P-3 visa be extended?  Primarily under the conditions of your cultural performance

Most family-based immigrants and some employment-based immigrants use this form to show they have adequate means of financial support and are not likely to rely on the U.S. government for financial support. To be an I-864 sponsor, you must be “domiciled” in the United States, among other things. This means that you must have your “principal residence” (where you live most of the time) in the U.S. and plan to keep it there for the foreseeable future. If you live outside the U.S. but claim to be a U.S. citizen, you will need to send in a written explanation and proof of your claim along with your Form I-864. Your claim will only be accepted if you can show that you are working abroad for a company with ties to the U.S. or that you are temporarily living abroad for some other reason. Americans Who Work Abroad for the U.S. related Companies U.S. citizens who live abroad but work for one of the following companies with ties to the U.S. will be considered U.S. domiciled: ❖      The U.S. government: This includes not only embassies and consulates, but also the U.S. military and other U.S. agencies. ❖      U.S. research institutions: This includes a set of institutions listed in 8 C.F.R. 316.20 of the federal regulations. It lists the American institutions of research, public international organizations, and designations under the International Immunities Act. (a)A public international group in which the U.S. is required by law to take part: This includes a list of organizations in 8 C.F.R. 316.20 (b) of the federal regulations and (c)A U.S.-owned company that works to develop foreign trade and commerce for the U.S. This includes partnerships, registered for-profit or not-for-profit entities, and the parents or subsidiaries of such entities that are involved at least in part in activities related to the exchange of goods and services between the U.S. and a foreign country. ❖      A religious group or group that includes people of different faiths that has an official presence in the U.S. (where the employee is a priest, minister, or missionary). In some of these cases, but not all of them, “employment” could mean not only full-time, permanent work, but also work under grants, contracts, or other types of services. There is also no strong requirement that this kind of work be the only (or even the main) reason the employee is in another country. The answer will depend on the details of your situation. (Talk to an immigration lawyer to find out if this is true for you.) As proof, you should send letters from employers on official letterhead. (Employees of U.S. companies should also show proof that their business was started and is owned by them.) Other U.S. citizens who live temporarily outside the country U.S. citizens who live abroad will be considered U.S. domiciled if they left the U.S. only for a limited time (however long that time may be) with the intention (at the time of

If you are a religious worker and you are looking to come to work in the United States, the visa that you are looking for is the R-1 visa. R-1 is a nonimmigrant visa for noncitizens who seek to temporarily work in the United States in a religious occupation. In order to be eligible for a R-1 visa, you have to be employed by one of the following: Non-profit religious organization in the United States; Religious organization that is authorized by a group tax exemption holder to use its group tax exemption; or Non-profit organization which is affiliated with a religious denomination in the United States. Also, three types of religious workers can receive an R-1 visa, given that they fulfill the other requirements. These categories are, Minister of the denomination of the US based employer Those who are in a religious vocation (nuns, monks, priests etc.) Those who are in a religious occupation (those who perform day-to-day works at a religious organization, such as missionaries, religious instructors etc.) Since the R-1 visa is for nonprofit religious organization employees, in order to be eligible, both the employer and the employee has to pass some eligibility criteria. Eligibility Criteria The eligibility criteria for the employee are that, they have to have at least, 2 years of continuous membership in any US based religious organization immediately preceding the petition and 2 years of experience in any religious organization  immediately preceding the petition after they have turned 14 years old The employee must also be coming to the US to work full time (at least 35 hours per week) at the organization as a religious worker. On the other hand, the eligibility criteria for the employer are that, they have to be, A nonprofit religious organization, or A part of a larger nonprofit religious denomination. To prove this eligibility, both the employee and the employer have to provide some documents as evidence. Processing If you want to get an R-1 visa, at first your employer in the US would need to file Form I-129 to USCIS on behalf of you. Also, at the time of the petition, both the employer (petitioner) and you, the employee (beneficiary), will have to provide proof of your eligibility for the R-1 visa. If the USCIS finds that the documents you and your employer have provided satisfy its requirements, then you will be granted an R-1 status. After that, if you are outside the United States, you will need to obtain your Visa through a US consulate by submitting a DS-160 and scheduling an interview. The time it will take for you to receive the visa depends on a number of issues.  How much time it takes to process an R-1 petition can vary. The R-1 petition approval includes an on-site inspection by the USCIS as one of its eligibility criteria. If this inspection has already been completed previously, the R-1 petition can qualify for premium processing, which is faster than regular processing. For regular processing, the R-1