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Immigration (USA) FAQ: GC and Citizenship questions and answers (part 6 of 6)

( Part1 - Part2 - Part3 - Part4 - Part5 - Part6 )
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Archive-name: us-visa-faq/part6
Last-Modified: 21 December 1998

See reader questions & answers on this topic! - Help others by sharing your knowledge
The USA Immigration FAQ is maintained by
Rajiv S. Khanna [rskhanna@immigration.com]

If you have access to the Web you can access the FAQ
from http://www.immigration.com

Many FAQs, including this one, are available via FTP on the archive site
rtfm.mit.edu in the directory pub/usenet/news.answers. The path for this
faq is /pub/usenet/news.answers/us-visa-faq/part6. To get the FAQ by
E-mail, you should send a message to mail-server@rtfm.mit.edu with
        send usenet/news.answers/us-visa-faq/part6
in the body of the message.

Please see part1 of this faq for standard disclaimers.

Individuals are encouraged to submit corrections, questions and answers
to rskhanna@immigration.com directly.  In many answers below, submitters are
noted in parentheses at the beginning of comments.  (Comments may be
slightly edited.)

"WE CLAIM NO RESPONSIBILITY FOR THE ACCURACY OF THE INFORMATION.
APPLICATION OF LAW CAN VARY  DRASTICALLY ACCORDING TO THE FACTS OF A
PARTICULAR CASE.  THE FAQ IS NOT  MEANT TO BE SPECIFIC LEGAL ADVICE.  IT IS
ONLY A STARTING POINT.  MUCH OF THE INFORMATION CONTAINED IN THE FAQ IS
PROVIDED BY LAYPERSONS.  PLEASE USE YOUR OWN JUDGMENT."

Questions marked with a <<New>> indicate questions new to this issue;
those with significant changes of content since the last issue
are marked by <<Changed>>:

GC and Citizenship questions and answers
-----------------------------------------

Q1:-Does the employer need to show the company's finances?
Ans:-[from B.G. Mahesh, mahesh@mahesh.com]
   [Modified by Rajiv S. Khanna, rskhanna@immigration.com]
   Basically the employer needs to demonstrate that the company is
   financially sound and it can afford to employ you. So your
   employer may have to show INS the company's finances.  Technically, the
   financial ability to pay must exist at the time of filing the labor
   certification and must continue to exist till the time you actually get
   your green card.



Q2:-At what point spousal petitions can be attached to the forms
    I-140/485 ? I-140 part 7 clearly asks for a list of dependents. Can
    a person file I-140, get married and then petition for his/her spouse
    on the I-485?
Ans:-[Modified by Rajiv S. Khanna, rskhanna@immigration.com]
    You may marry after I-140 and include the spouse on the Form I-485.

Q3:-Dear Rajiv, a friend of mine, who doesn't have access to the net, is
     a computer consultant
           - on an H-1B visa,
           - has obtained his labor certification,
           - and is about to file his I-140.

Due to budget constraints at work, his contract with his current client
is soon to be terminated, and he is looking for another project with the
same client.  If he has to move to another work site in the same state but
has the same employer, does he have to file for labor cert. again?


Ans:-[From Rajiv S. Khanna, rskhanna@immigration.com]
If he is within the same Metropolitan Statistical area for which the
labor cert. was done, there should be no problem.  But if he is moving beyond
that area, even if he is within the same state, he cannot file an I-140
providing a different job site.  The labor cert. would be invalid.

        Do note, however, that the labor cert. is for a job in future.  Also,
according to the law currently, a labor cert. once granted is valid
indefinitely.
 Now if your friend is likely to be sent back to the same geographical
 area in future, he can file the I-140 on that basis.  But legally, if
 he is not posted back to the same area after getting his Green Card,
 his GC could be held to be invalid or even fraudulent.



Q4:-Would requiring a BS with 2-3 years of experience change the preference
category of my labor certification  process?
Ans:-[From Rajiv S. Khanna, rskhanna@immigration.com]
BS falls in the category EB3 while MS (or BS + 5 Years Exp.) falls in category
EB2.

Q5:-What is the statute of limitation on labor certification?
   ( Once LC is obtained how long is it valid before applying for
    the green card)
Ans:-[From Rajiv S. Khanna, rskhanna@immigration.com]
    Under the current law, a labor certification is valid for ever.

Q6:-Should I apply for GC together with the H-1B, or after I get the H-1B?
Ans:-[from B.G. Mahesh, mahesh@mahesh.com]
   You can apply for GC with H-1B but it is advisable to wait for about
   3-6 months after you get H-1B to apply for GC.

Q7:-If one were waiting for a GC date to become current,
   after one got one's labor certification AND the 6 year
   limit on H-1B expires while waiting, will one have to
   leave the country ?
Ans:-[from Rajiv S. Khanna, rskhanna@immigration.com]
   Yes, unless you are close enough to getting a green card so
   that your adjustment of status application can be filed, so
   that you may get a work permit through pendency of adjustment
   status.

Q8:-Will my spouse qualify for greencard with me even if she is on a
    non-dependent visa like F1 ?
Ans:-[From Pramod S. Badjate, badjatep@agcs.com]
   Yes. Spouse and Kids qualify for greencard irrespective (except for J1)
   of the type of visa, as long as they are on a valid visa in USA.
   The type of visa of the spouse/kids does matter. If the spouse/kids
   are on a J-1/J-2 visa with a 2yr HRR, they may not adjust status to
   permanent residency unless
   (1) They have served the HRR
   (2) Or have obtained a waiver of the HRR.

Q9:-A friend of mine had got the labor certification and while waiting
     for his date became current, he get laid off from his job.
    Could you please tell me is his labor certification still valid
    for GC application?
Ans:-[From Rajiv S. Khanna, rskhanna@immigration.com]
The labor certification is valid, but your friend may not get a GC.  Reason:
  Labor Certification is for a job in future.  But for the GC application,
that job  must be certain to be available right now.  Currently, that is not
the case.  If  6 months (or more time) later, your friend gets rehired by
the old company, he can go ahead and  apply for GC as long as the job he
gets is the same as the job for which Labor  Cert. was obtained.



Q10:-Will all the GC wait come to a naught in this case , or can
   one wait for it outside the country ?
Ans:-[from Rajiv S. Khanna, rskhanna@immigration.com]
   You can MOST certainly wait outside the country.

Q11:-When Labor Certification has been received, is H-1B still the
   operating visa, or do you fall under some new status ?
Ans:-[from Rajiv S. Khanna, rskhanna@immigration.com]
   Mere receipt of labor certification does not change your status.
   You have to apply to the INS for change of status.

Q12:-Can one apply for GC through an employer while on H-1 for
   another employer?
Ans:-[from Rajiv S. Khanna, rskhanna@immigration.com]
   Yes.  The labor cert. is for a job in future, which is
   currently available to test the labor market.  It is open
   for US workers.  The "alien" may only accept it upon receiving
   his/her permanent residence.  The H-1, however, is for an entirely
   different job.

Q13:-What are the 'additional' things that I need to address, and take
account of before filing the advertisement and starting the LC process?
Ans:-[From Rajiv S. Khanna, rskhanna@immigration.com]
Here is a topic for another book.  In a nutshell:

Typically, in order to have a good chances of success, we must investigate
beforehand whether the salary being offered to the alien meets the likely U.S.
Department of Labor ("U.S. DOL" or "DOL") prevailing wage standards.  We must
also carefully analyze the job opportunity to establish its actual minimum
requirements for the job (these requirements are often not identical to the
personnel department's rudimentary job description and requirements) and to
harmonize these requirements with the standards established by the DOL for
review of job duties and requirements.  We might also want to investigate the
current status of the labor market for the position, to assess the
potential availability of qualified U.S. workers.



Q14:-If the second category (EB 2) also needs the labor certifications(except
in cases of national interest), what is the benefit of this over
applications in the third category? Is this somehow related to the
'fast track' approval of some LC applications by the DOL?
Ans:-[From Rajiv S. Khanna, rskhanna@immigration.com]
    No advantage as of today for the whole world except, people born in
        India, Mexico and Philippines, because EB 3 and EB 2 are both current
        for the whole world, except the named countries. For professionals
        from India, Mexico and Philippines it is much better to be in EB 2.

Q15:-How do I check the status of a labor certification pending with
    the U.S. Department of Labor?
Ans:-[NY From Krishna Chivukula additional information by
        rskhanna@immigration.com]
        Most U.S. DOL regions have automated status check phones which are
        cable of providing fax as well as audio checks.

New York US DOL
--------
(Responsible for
New York, New Jersey, Puerto Rico,
and Virgin Islands (4 States))

Status Check Phone: (212) 337-2185

Atlanta, GA US DOL
---------
(For Alabama, Florida, Georgia,
Kentucky, Mississippi,  North
Carolina, South Carolina, and
Tennessee (8 States))

Regular Voice Line: (404) 347-3938

Boston, MA US DOL
-------
(Connecticut, Maine, Massachusetts,
New Hampshire, Rhode Island,
Vermont (6 States))

Status Checks: (617) 565 2267

San Francisco, CA US DOL
-----------
(For Arizona, California, Guam, Hawaii,
Nevada (5 States))

Regular Voice Line: (415) 744-7618

Chicago, IL US DOL
-------
(Covers Illinois, Indiana, Michigan,
Minnesota, Ohio, Wisconsin (6
States))

Status Checks: (312) 353-1059


Denver, CO, US DOL
--------
(Colorado, Montana, N. Dakota, S.
Dakota, Utah, Wyoming (6 States))

Regular Voice Line: (303) 391-5742

Kansas City, MO US DOL
------------
(Iowa, Kansas, Missouri, and
Nebraska (4 states))

Regular Voice Line: (816) 426-3796

Philadelphia, PA US DOL
-------------
(Delaware, District of Columbia,
Maryland, Pennsylvania, Virginia,
West Virginia (6 States))

Status Check Phone: (215) 596-5033

Seattle, WA US DOL
-----------
(Alaska, Idaho, Oregon, and
Washington (4 States))

Regular Voice Line: (206) 553-7700

Dallas, TX US DOL
--------
(Responsible For: Arkansas, Louisiana, New Mexico,
Oklahoma, and Texas (5 States))

Voice: (214) 767-4989
For status checks call between 3
and 4:30 p.m. Texas time



Q16:-If I am working for Company "A" through another Company "B" which has
  started my labor certification process i.e. Ad in newspaper is done and
  I am waiting for the Labor Certification from the Dept. of Labor but in
  the meantime I got a job offer directly from company "A" and in this
  case will the labor certification filed by company "B" valid since the
  job description is same or do I need to start all over again and get a
  new labor certification ?
Ans:-[from Rajiv S. Khanna, rskhanna@immigration.com]
  New labor cert. will be necessary.

Q17:-How long does an employee who receives GC through Labor Cert. have to
   work after getting the (actual) green card before changing to another
   job? I find this a very interesting question in today's dynamic
   job market. Would you please kindly give me some advice on this issue.
   You help is greatly  appreciated.
Ans:-[From Rajiv S. Khanna, rskhanna@immigration.com]
   There is no brief answer to this question.  Let me explain.  The basic
   premise (or theory) behind permanent residence through offer of
   employment is that an employee is accepting a job on a "permanent" bases.

   What does "permanent" mean?  Does it mean for ever.  Obviously not.
   That would be unreasonable.  But "permanent" also does not mean that
   you pack your bags the moment you receive your green card.

   So what is the answer?  No one really knows.  Each case has to be
   determined upon its own merits.  Normally, I would say working for
  one year or more with the same employer after getting your GC is
  PROBABLY enough indication of permanency.  Less than 4-5 months is
  perhaps evidence to the contrary.  But REMEMBER, this is just my own
  guess.  Technically speaking, the moment you decide that you will leave
  after a certain period of time, "permanent" intent is gone.  Catch-22 eh?
  Well that is the way it is.



Q18:-Can an applicant qualify for a GC without going through
   Labor Certification?
Ans:-[from Jaap Akkerhuis, jaap@tempel.research.att.com
    and Muralidhar Rangaswamy, rangaswamy@zircon.plh.af.mil]

  To qualify as an outstanding professor or researcher, INS requires
  meeting at least two of six criteria as follows:

    (1) Receipt of major prizes or awards for outstanding
        achievement in the academic field.
    (2) Membership in associations requiring outstanding achievements
        for their members.
    (3) Published material in professional publications written by
        others on behalf of the person's work in the academic field.
    (4) Evidence of the person's participation either individually or
        a panel as the judge of work of others in the same or allied
        academic field.
    (5) Evidence of the person's original scientific or scholarly
        research contributions in the academic field.
    (6) Evidence of authorship of scholarly books or articles in
        scholarly journals with international circulation in the
        academic field

    In addition, the person must have at least three years of experience
    in the academic field. Such work while working on an advanced degree
    is not acceptable unless the person obtained the degree and the person
    had full responsibility for classes taught or, for research conducted
    toward the degree, it has been recognized within the academic field as
    outstanding. Such evidence can be in the form of letter or letters from
    current or former employers.

    So note that a Ph.D. is not required (I don't have one).

    If you want me to get more technical!!!
    The following classifications do not need labor certification.
    (1) Section 203(b)(1)(A): Alien of Extraordinary Ability in the sciences,
        arts, business, and athletics.
    (2) Section 203(b)(1)(B): Outstanding Professor/Researcher
    (3) Section 203(b)(1)(C): Certain Multinational Executives.
    (4) Section 203(b)2 A or B: Member of the professions holding an advanced
       degree or an alien of exceptional ability seeking a national interest
       waiver of the job offer and labor certification requirements.

Q19:-Is a job offer necessary for the above classifications?
Ans:-[From Muralidhar Rangaswamy, rangaswamy@zircon.plh.af.mil]
   For (1) above, although no job offer is necessary, it is advisable to
   have evidence of pre-arranged employment commitments with an employer
   in the USA or submit other evidence that the alien is seeking to enter
   the USA to continue work in the area of extraordinary ability.

   For (2), a job offer from a University or company is necessary. In
   particular, the letter from the employer must state that the alien
   has been offered a tenure-track faculty position or similar position at
   a University, or a comparable position with a private company engaged in
   research. The alien must be the beneficiary of a petition filed by the
   employer with the INS. In addition, if the employer is a private company,
   the employer must show that they have documented accomplishments in the
   academic arena and that they employ at least 3 people engaged in full-time
   research. Finally, the alien must demonstrate evidence through letters from
   past/present employers that he/she has at least 3 years of full-time
   experience in the field of outstanding ability. Research or teaching
   performed while studying for an advanced degree may be used as experience
   provided the degree was obtained and the alien had full responsibility
   for the teaching or research and the teaching or research was found to be
   outstanding by recognized experts in the field.

   For (3), job offer is necessary.

   For (4) again no job offer is needed. However, in some instances, if
   the alien is in the USA, offer of employment may be needed to provide
   evidence of financial support.

Q20:-Where can I get details about the rules and regulations pertaining to
   the employment based immigration classifications?
Ans:-[From Muralidhar Rangaswamy, rangaswamy@zircon.plh.af.mil]
   Citations from the foreign affairs manual are the best source of
   information. You can find this at the end of the faq.

Q21:-Thanks for maintaining the USA Immigration FAQ:
   I have a few unanswered questions.  I am planning to
   submit a petition based on immigrant classification as
   an alien of extraordinary ability. What are the major steps
   (milestones) towards obtaining the GC after you submitted
   the petition?  What is the typical duration of each step if
   the petition is based on extraordinary abilities?
Ans:-[From Rajiv S. Khanna, rskhanna@immigration.com]
Step 1: Filing the petition with INS
        (Adjudication times vary from 4 weeks to 10 months depending upon
        several factors, such as extent of documentation, place of
        application etc.)

Step 2: Filing for adjustment of status (I-485) or consular processing
        ADJUDICATION TIME VARIES FROM 8 WEEKS TO 14 MONTHS DEPENEDING
        UPON YOUR PLACE OF RESIDENCE)

Q22:-I have seen many people pre-advertise for a position (i.e. not get the
    job opening approved before hand) and thus save a significant period of
    time in getting the LC. From what I gather, people seem to have a fair
    amount of success in this.
    However, my company lawyers are strongly opposed to it. DO YOU KNOW WHAT
    THE SUCCESS RATE OF THIS IS? Is it any different in NY from other places
    like DC area?
Ans:-[From Rajiv S. Khanna, rskhanna@immigration.com]
   The success rate of pre-recruiment varies widely from state to state,
   occupation to occupation and from time to time.  It is strongly
   discouraged in some regions for some jobs, while it is a good practice in
   some  other DOL regions.  For example, regions I know are likely to create
   problems in  computer occupations pre-advertise: New York, Boston, Texas
   (unless you do it  right).  I always check with the related U.S. DOL and
   local employment agency before filing (even that does not assure success
   in all cases).

   The big problem most companies have with pre-recruitment is that the
   company's name must appear in the advertisement along with a salary
   figure (or range).  This creates problems for them.  BTW, blind ads
   are also possible under certain circumstances.



Q23:-New York
--------
Will it be useful for the employer to document recruitment efforts
beyond this job?
Ans:-Yes.  Past 6 month's history.



Q24:-Mr. Khanna, as a follow up to the above question, in which step do
      you need your dependents to be in the U.S?
        (in the interview?).
Ans:-[From Rajiv S. Khanna, rskhanna@immigration.com]
     Dependents can "follow to join" or be in the U.S. when you file
     Form I-485.

Q25:-Chicago
-------
Will you deny any RIR application where there are any special
qualifications required.
Ans:-Not if they are reasonable.

Q26:-I am currently holding an H-1B visa. If I decide to apply for a green
card,what are the steps I need to follow? Does it take less time if I am
working for     a university?
Ans:-[from Rajiv S. Khanna, rskhanna@immigration.com]
There are special procedures for university professors and/or outstanding
researchers. (See FAQ) Otherwise, working for a university offers no
special advantages.

Q27:-How many days/weeks/months does it take to get a Labor Clearance
   for GC?
Ans:-[from B.G. Mahesh, mahesh@mahesh.com] [Modified by Rajiv S. Khanna,
    rskhanna@immigration.com]
   This depends on the state you reside. It can take anywhere from 4 months
   to 2 years.


   [from many on the net]
   [Modified by Rajiv S. Khanna, rskhanna@immigration.com]
   There is a list of approximate Labor certification processing time sorted
   statewide. Any additions/modifications should be sent to
    rskhanna@immigration.com

        The list can be found at our web site:
        http://www.immigration.com

Q28:-What is "Reduction in Recruitment (RIR)?"
Ans:-[from Rajiv S. Khanna, rskhanna@immigration.com]
It is a process whereby the labor certification may be speeded up
considerably.  Note: the operative words are "may be."

In RIR, we demonstrate to the Department of Labor that the employer has
already unsuccessfully conducted a recruitment effort.  They have a history
of trying to recruit for the position under labor certification.

ADVANTAGE
---------
1.      RIR applications are supposed to be placed on fast track
2.      You will not have to advertise again

DISADVANTAGE
-----------
1.      You may end up losing a little time
2.      Your labor certification may end up being too generic

Let me add, with all due respect for the complexity of the undertaking,
the various DOL regions are undertaking different approaches.  The following
comments are reported from my conversations this past week with various DOL
regions (I am just reporting some of them to show the different approaches.
I always find it useful to speak with the powers that be and get some
guidance regarding their current thinking before we file a labor
certification):

Q29:-Will you deny any RIR application where there are any special
qualifications required.
Ans:- Yes.

Q30:-Will you permit variations between the job description on labor
certification and the advertisement?
Ans:-No.

Q31:-Will it be useful for the employer to document recruitment efforts
beyond this job?(Chicago)
Ans:-Yes.  Past 6 month's history.

Q32:-How many days/weeks/months does it take to get a I-485
        approval?<<Changed>>
Ans:-[Compiled by Rajiv S. Khanna, rskhanna@immigration.com]
        The times below will not apply because the I-485 processing will
        now be done at Service Centers NOT locally.  It is estimated that
        the processing should take appx. 150 days.

        THE TIMES ARE SUBJECT TO WIDE VARIATIONS.  PLEASE CONFIRM THESE TIMES
        BEFORE MAKING ANY PLANS.


        INS OFFICE                              TIME            CHECKED IN
        -------------                   ------          ----------
        Albany, NY                              5 Months        (Jan. 96)
        Atlanta, GA                             ?
        Arlington, VA                   6 Months        (Jan. 96)
        Baltimore, MD                   6 Months        (Jan. 96)
        Boston, MA                              6 Months        (Jan. 96)
        Buffalo, NY                             ?
        Charlotte, NC                   ?
        Chicago, IL                             1 Year          (Jan. 96)
        Cleveland, OH                   4-6 Months      (Jan. 96)
        Detroit, MI                             4-6 Months      (Jan. 96)
        Fort Lauderdale, FL             ?
        Hartford, CT                    4 Months        (Nov. 96)
        Jacksonville, FL                ?
        Key West, FL                    ?
        Los Angeles, CA                 14 Months       (Feb. 96)
        Louisville, KY                  ?
        Memphis                                 ?
        Miami, FL                               ?
        Newark, NJ                              7 Months        (Jan. 96)
        New Orleans, LA                 5 Months        (Dec. 95)
        New York City, NY               ?
        Norfolk, VA                             ?
        Omaha, NE                               3 months        (May 96)
        Philadelphia, PA                3 Months        (Jan. 96)

        Pittsburgh, PA                  ?
        Portland, ME
        Providence, RI                  ?
        Saint Albans, VT                ?
        Saint Paul, MN                  3 months        (Dec. 95)
        Tampa, FL                               ?
        W. Palm Beach, FL               ?
(More Stuff Will Be added)



Q33:-New York
-------
Will you deny any RIR application where there are any special
qualifications required.
Ans:-Strong possibility.

Q34:-What are is the DOL actually looking for when it goes through the labor
  certification process?


Ans:-[From Rajiv S. Khanna, rskhanna@immigration.com]
This could take a book to answer.  Typically, DOL looks into: bona fide job
opportunity (job must not be a sham); the appropriate wages being paid;
reasonableness of job requirements; appropriate recruitment and alien's
appropriateness for the position.



Q35:-New York
-------
Will you permit variations between the job description on labor
certification and the advertisement?
Ans:-Not if they are substantial.

Q36:-Philadelphia
-------------
Will you deny any RIR application where there are any special
qualifications required.
Ans:- No.

Q37:-Philadelphia
-------------
Will it be useful for the employer to document recruitment efforts
beyond this job?
Ans:-Yes.  Past 6 month's (or more) history.

Q38:-Philadelphia
-------------
Will you permit variations between the job description on labor
certification and the advertisement?
Ans:-Yes.

Q39:-What is "priorty date?"
Ans:-From Prem, a netter
        [Modified by Rajiv S. Khanna, rskhanna@immigration.com]
    If you have filed for alien labor certification, then your priority
        date is the date on which your application was received by the state
        level agency (SESA).

    If instead of labor cert, you are going through the NIW/EB1 route,
        then yourpriority date is the date you filed I-140 petition.

Q40:-How many days/weeks/months does it take to get a I-140 approval ?
Ans:-[from Rajiv S. Khanna, rskhanna@immigration.com]
   1-4 months for labor certification supported I-140.

Q41:-Can netters please provide their experience in adjustment of status
        (I-485) interviews)?
Ans:-San Jose, CA
        [From Suresh]
        I have been regularly reading this newsgroup for the last few months.
        It has often been useful.
        I had applied for adjustment of status on July 1, '95. We got a response
        from INS at the end of last May. The interview was waived, and they gave
        us appointment for July 19th (yesterday) for the clerical processing of
        the application - called adit processing.
        We presented ourselves there on time. The INS had my wife's name and our
        address wrong (typo). We told the person who was handling the adit
        processing of this when we were asked to sign the application. She
        corrected it right away. After that we signed the application and our
        finger prints were affixed on it. Then we went to the neighboring
        counter where the officer affixed the permanent residence stamp on our
        passport and we were on our way! This stamp will serve as the "green
        card" till the actual card arrives.

        The INS people we met were very nice. The whole thing lasted a
        pleasant 7      minutes or so.
        Hope the above helps. Best of luck!
        Suresh



Q42:-What is involved in the labor certification?
Ans:-[from B.G. Mahesh, mahesh@mahesh.com]
    [Modified by Rajiv S. Khanna, rskhanna@immigration.com]
    This is a much simplified flow chart.  Variations exist.

    o Prepare a job description for the job being offered.
    o Job must be "permanent".
    o Alien must be paid at least the minimum wages prevalent
      for the job in the geographical area of employment.
    o You need to advertise the job for 10 business days in your office
    o Advertise for 3 consecutive days in a LOCAL newspaper or one day
      nationally.

    DOL [dept. of labor] will send in all the responses they get
    for your advertisement and your employer needs to justify why
    you are better than other applicants. If the DOL doesn't approve
    your labor then you can't apply for labor clearance for the next
    6 months.

Q43:-I am currently on an H1-B visa on behalf of a Software company. I have a
B.S degree in Electrical Engineering and about 8 years of professional
experience in this area.  I am about to begin the process of applying for
Labor Certification. I have 'heard' that not having a Master's degree may
prove a hindrance to  my case for LC. ( The job only required a B.S as the
minimum degree with 2-3 years of experience when I applied for it).  What if
any impact would my Educational qualifications ( only BS ) have in the DOL
processing my application?
Ans:-[From Rajiv S. Khanna, rskhanna@immigration.com]
There is no reason for lack of MS to be a hindrance.  As long as you possess
 specialized experience, and the job being certified requires that
experience,  you should be fine.  In fact, I personally believe experience
in most cases may be  better than a graduate degree.



Q44:-Will you permit variations between the job description on labor
certification and the advertisement?(Chicago)
Ans:-Depends upon several variables.

Q45:-How strong must my English skills be to qualify for the F-1?
Ans:-[Gregory Siskind, gsiskind@telalink.net]
   The school must certify that the prospective student has proficiency in
   English (usually demonstrated by passing an English proficiency examination
   like the TOEFL) or the student will be enrolled in courses in a language in
   which the student is proficient or the student will be enrolled in a full
   course of study consisting of both academic courses and English instruction
   or the student is enrolled in a language training program constituting a
   full course of study.



Q46:-If the employer lays-off the employee to avoid payment of the agreed or
    the promised salary (as stated on the Labor Certification or the Job Ad.)
Ans:-[from Rajiv S. Khanna, rskhanna@immigration.com]
    You may have a problem.



Q47:-What are the requirements for U.S. Citizenship?
Ans:-[From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   There are four main requirements that must be met by every applicant.
          (a) Basic literacy in the English language.
          (b) Knowledge of U.S. history.
          (c) Five years of residency in the U.S.
          (d) Good moral character.

Q48:-Under what conditions can I be denied U.S. citizenship?
Ans:-[From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
      (a) If you advocate or if you are a member of any organization
          that is opposed to organized government (i.e., if you preach
          and practice anarchy).
      (b) Membership in communist organizations.
      (c) If you advocate the overthrow of the U.S. Government by force,
          sabotage, violence or terrorism.
      (d) If you publish any material advocating the methods of item (c).
      (e) Exemption from services in the armed forces of the U.S.
          (unless the alien status does not permit the individual to
           serve on the armed forces or if the alien had served in the
           armed forces of his/her own country).
      (f) Desertion from military forces and draft evasion results in
          permanent ineligibility for citizenship.

Q49:-Under what conditions can my citizenship be revoked?
Ans:-[From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   If your behavior is not well disposed to the good order and happiness
   of the U.S. or if you concealed your wartime activities when applying
   for visas to enter the U.S. after World War II. Also, for example you do
   one of the following:
      (a) Refusal to testify before a congressional committee regarding
          alleged subversive activities within 10 years after becoming a
          U.S. citizen.
      (b) Establish permanent foreign residence within 1 year after becoming
          a U.S. citizen
      Note from Rich Wales, richw@yank.kitchener.on.ca
        This provision was repealed on October 25, 1994, by
        Public Law 103-416 (108 Stat. 4305).  The old require-
        ment that candidates for US citizenship must intend to
        reside permanently in the US following naturalization
        was also repealed by this same law.

      (c) Membership in an outlawed organization within 5 years after becoming
          a citizen.

   Denaturalization proceedings may be instituted against you for (a)-(c).

REFERENCES:
[1] Nancy-Jo Merritt, "Understanding Immigration Law," Makai Publishing group,
Scottsdale, Arizona, 1993.

Q50:-Are all aliens in the United States who are out of status now
    eligible to apply for adjustment of status to permanent residence?
Ans:-[From Allen E. Kaye, India Abroad Oct. 14, 1994]
   Yes. All aliens who entered the United States without inspection
   or who are not in lawful visa status may apply for adjustment.



Q51:-Is there an estimate of how many such foreign nationals are eligible
    to apply for permanent resident status?
Ans:-[From Allen E. Kaye, India Abroad Oct. 14, 1994]
   INS anticipates that, in Fiscal year 1995, approximately 100,000
   such individuals who formerly would have had to go abroad in order
   to obtain an immigrant visa, will now be able to remain in the
   United States and apply for permanent resident status.



Q52:-Who can apply for U.S. citizenship?
Ans:-[From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   Persons who are 18 years of age or older, who are lawfully
   admitted permanent resident aliens and who meet certain
   requirements (see question 3) may apply for citizenship.
   Aliens who have served in the armed forces of the U.S. are
   eligible for citizenship under special provisions.

Q53:-Aren't you making it easier for foreign nationals who came here
    illegally to obtain green cards?
Ans:-[From Allen E. Kaye, India Abroad Oct. 14, 1994]
   No, eligibility requirements for a green card and permanent residence
   remain unchanged. Persons who violate the immigration laws and are not
   immediately qualified for permanent residence, as required by the new
   provision, remain subject to deportation. If encountered by the INS,
   they will be placed in deportation proceedings, unless they are eligible
   for other relief.



Q54:-US Citizenship
                      --------------

What is the time-frame to get U.S. citizenship if the spouse is
   an U.S. citizen?
Ans:-[from Ashish Nedungadi, ashish@eng.umd.edu]
   The spouse of a US citizen gets a CONDITIONAL green card "immediately"
   after marriage.  After 2 years, the conditionality of this green card
   is removed(after successfully proving to INS that the marriage is
   legitimate).  The spouse is eligible for his/her citizenship after
   3 years of receiving the CONDITIONAL green card.
   In a nutshell,
   3 years after obtaining one's green card(including the CONDITIONAL one)

   If you want to get more technical ["technical" may not be
   the right word :-)]
  [from Rajiv S. Khanna, rskhanna@immigration.com]
  (a) Any person whose spouse is a citizen of the United States may by
      naturalized upon compliance with all the requirement of this title
      except the provisions of paragraph (1) of section 316(a) if such
      person immediately preceding the date of filing his application for
      naturalization has resided continuously, after being lawfully admitted
      for permanent residence, within the United States for at least three
      years, and during the three years immediately preceding the date of
      filing his application has been living in marital union with the
      citizen spouse, who has been a United States citizen during all of
      such period, and has been physically present in the United States
      for periods totaling at least half of that time and has resided
      within the State or the district of the Service in the United States
      in which the applicant filed his application for at least three months.



Q55:-Why was this provision added to the Appropriations Act?
Ans:-[From Allen E. Kaye, India Abroad Oct. 14, 1994]
   It will help reduce the visa issuance workload at U.S. consulates
   offices abroad so that they can devote more time to uncovering fraud
   and other abuses associated with temporary visas to the United States.



Q56:-Doesn't the new adjustment of status provision in the INS Fiscal
   Year 1995 Appropriations Act create another amnesty program
   for illegal immigrants?
Ans:-[From Allen E. Kaye, India Abroad Oct. 14, 1994]
   Absolutely not. An individual who entered, worked or remained in the
   U.S. illegally must meet three prerequisites if he or she wishes to
   remain in the U.S. while applying for permanent residence.

     1. A relative or employer mush have filed a petition in behalf of
        of the foreign national making him or her eligible for an
        immigrant visa.
     2. The immigrant visa must be immediately available to the
        individual at the time the application for permanent residence is
        filed.
     3. In addition to the prescribed fee of $130, the individual
        must agree to pay a monetarty penalty of $650 for previously
        having entered and remained in the U.S. illegally (exception
        children under 17 and certain family unity aliens).



Q57:-Do permanent residents need to apply for a visitors visa to visit Canada?
Ans:-[From Donald S. Cameron, seatlimmig@aol.com]

   Permanent residents of the United States (Green Card holders) are, like
   U.S. Citizens, exempt from the requirement to have a passport or a
   Canadian visitor visa in order to visit Canada.  The Green Card itself is sufficient documentation.

   The decision on whether to admit a visitor to Canada is made by an
   Immigration Officer at a Port of Entry to Canada.  This is the case for
   all visitors including those who hold Canadian visitor visas.  The
   Immigration Officer also determines the length of stay.  If a Green Card
   holder is admitted to Canada without any document being issued to him or
   her it means that the GC holder has been admitted to Canada for 6 months.
   A shorter stay than 6 months would be indicated if the GC holder was
   issued a document called a Visitor Record which specifies the length of
   time for which the holder has been admitted to Canada.

   Persons seeking admission to Canada at the land border do not normally
   fill out any forms to apply for admission.  Those arriving by air
   complete only a Customs form.  There is no fee for the admission of
   a GC holder to Canada as a visitor.

   GC holders, like all other persons seeking admission as visitors, can be
   refused admission for a variety of reasons.  The most common one is the
   existence of one or more criminal convictions in the applicant's past.
   The most common criminal conviction is Driving While Intoxicated or
   Driving While Impaired.  These offenses fall with the criminal law in
   Canada and even though they are usually regarded a misdemeanors in the
   U.S. they are regarded as criminal offenses in Canada.

   Visitors to Canada may not study or work.  As in the U.S., different types
   of visas or Authorizations are required to study or work.

Q58:-What should I do if I don't have my birth certificate?
Ans:-[From Muralidhar Rangaswamy, rangaswamy@plh.af.mil]
   [Modified by Rajiv S. Khanna, rskhanna@immigration.com]
   You should obtain sworn affidavits from two relatives. A sample
   affidavit is provided below.

                        AFFIDAVIT OF BIRTH

   I, (name of relative), solemnly state and affirm as hereunder:

   (1) I presently reside at ___________________________________.
   (2) I am a citizen of _______________________________.
   (3) I was born on ___________________ at________________.
   (4) I am the (state relationship to the person whose birth is being verified)
   (5) I personally know that (name of person) was born on ____________ at _________.
   (6) A request has been made with the proper authorities for (name of person)'s
       birth certificate but the same is unavailable.

                                           ____________________
                                            Signed

                                           Date:________________

        I hereby affirm under the penalty of perjury pursuant to the laws of
the United States of America (28 U.S.C. Section 1746) that the foregoing is
true and correct.

        This affidavit was executed on (date) at (Place).

                                           ____________________
                                            Signed

                                           Date:________________

NOTE: The above affidavit does NOT need to be notarized.

Q59:-Under what circumstances can a Permanent Resident Visa be revoked.
Ans:-[from Rajiv S. Khanna, rskhanna@immigration.com]
   Lots of circumstances: criminal convictions being the foremost;
   abandonment of permanent residence.

Q60:-Can a Permanent Resident Visa be revoked for any of the above stated
    reasons?
Ans:-[from Rajiv S. Khanna, rskhanna@immigration.com]
   Yes

Q61:-Specifically what types of foreign nationals are affected by this
    new provision?
Ans:-[From Allen E. Kaye, India Abroad Oct. 14, 1994]
   There are six groups, as of Oct. 1 1994, who will have the option
   of obtaining a green card and permanent residence while remaining in the
   United States. They include,
     1. Those who entered U.S. illegally
     2. Individuals employed in the U.S. without authorization
     3. Those who remained in the U.S without maintaining lawful status
     4. Foreign crewmen
     5. Individuals who entered under the Visa Waiver Pilot Program
     6. Those who entered the U.S. as foreign travelers in transit
        without visa.



Q62:-Will I lose my permanent resident status or will I be penalized if I have
not yet applied for the new I-551 Green Card?


Ans:-No, you will not lose your permanent resident status if you have not yet
applied for a replacement Green Card, nor will you be penalized if you have
not yet applied for the new card.  However, lawful permanent residents are
required by law to carry evidence of their status, and expired I-151s no
longer meet this requirement.

    A person can still apply after March 20, 1996, and should still apply as
soon as possible for  a replacement card to avoid difficulties in obtaining
employment, entitlement  benefits and reentry into the United States from
abroad.



Q63:-Another followup, if you are granted an interview, can you postpone
   it until your dependents can join you.
Ans:-[From Rajiv S. Khanna, rskhanna@immigration.com]
     Bad idea.  It may a long time to get another interview and dependents
     may be refused visa/admittance into the U.S. if they are arriving merely
     to adjust status.



Q64:-Will it be useful for the employer to document recruitment efforts
beyond this job?
Ans:-Yes.  Past one year's history.

Q65:-Do priority dates still matter? Can aliens, regardless of priority
    dates, now immediately apply for adjustment of status?
Ans:-[From Allen E. Kaye, India Abroad Oct. 14, 1994]
   All immigrant applicants (whether applying at INS offices or abroad)
   must have priority dates earlier than any applicable visa cut-off
   dates to be granted a visa or adjustment of status. This has not
   been altered by the recent amendment to the Immigration Act. Under the
   terms of Section 245, INS will not accept an application for adjustment
   of status from an applicant in a numerically limited category unless
   a visa number is available for the alien's priority date. All immigrant
   visa applicants will continue to be processed in order of priority date
   whether cases are processed at overseas American Consulates or through INS.

Q66:-I ( US Citizen) need to petition for a US greencard for my parents
    who are right now in Venezuela.
  Q 1. Once the application step is begun, is it TRUE that parents must
       remain where they are at? Does this apply to third countries like
       Venezuela? I am petitioning for my parents and they are in Venezuela.
      So they can't leave Venezuela?
Ans:-[From Rajiv S. Khanna, rskhanna@immigration.com]
They are not required to remain where they are.  They can go anywhere they
please.  But because they would have applied for an immigrant status, it may be  difficult for them to come to U.S. on a nonimmigrant visa such a as
Tourist visa.

Q67:-Q 2.Is there a distinction between petition form and
    application form? For immediate relative case, is the
    I-130 the petition and application form or is it just
    the petition form?


Ans:-[From by Rajiv S. Khanna, rskhanna@immigration.com]
    Same thing.  File Form I-130.

Q68:-For immediate relatives, is it really required to produce
    birth certificates of the parents? (I am US citizen and
    have my birth certificate, but they are Indian and don't have
    birth certificates)
Ans:-[From Rajiv S. Khanna, rskhanna@immigration.com]
    Pick up the affidavits of birth from our FAQ (http://www.immigration.com).
    INS may require additional official proof that birth certificates
    are not available (e.g., letter from office of records, or
    local municipality).

Q69:-When can I apply for U.S. citizenship?
Ans:-[From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   Five years from the date of entry as a lawful permanent resident.
   If married to and living with citizen spouse in marital union for
   at least 3 years before filing the application, the residence period
   is shortened to 3 years. You can file the application 3 months
   before the residence requirement is met. Also, you have to be a
   resident for 3 months in the state or INS district where you
   are filing the application.



Q70:-How do I know if I need to replace my Green Card:
Ans:-Permanent resident aliens holding an old Form I-151 Alien Registration
Receipt Card (Green Card) issued before 1979  -- must apply in person
as soon as possible for a new card, Form I-1551 Alien Registration Receipt
Card, to maintain proof of permanent resident status.  The old Form I-151
Green Card will not be valid after March 20,1996.

   The replacement Green Card, Form I-551 Alien Registration Receipt Card,
will contain the holder's picture, fingerprint and signature.  It will
positively identify the holder as a legal permanent resident and make it
easier to obtain employment, social security and other public benefits, and
to reenter the United States from abroad.

   The more secure I-551 has an expiration date and will need to be renewed
every ten years.  This will allow the INS to progressively improve card
features and make the cards increasingly more difficult to counterfeit.



Q71:-Where can I get some information on dual citizenship?<<Changed>>
Ans:-[From Rich Wales, richw@yank.kitchener.on.ca]
        [Modified by Rajiv S. Khanna, rskhanna@immigration.com]

         http://yank.kitchener.on.ca/~richw/dualcit.html

         Using FTP
         Connect to yank.kitchener.on.ca
         get the two files /home/richw/dualcit.txt and
          /home/richw/dualcit2.txt

         Using E-Mail
         Send a message to richw@yank.kitchener.on.ca with the
         subject "send dualcit".  The body of the message can be
         blank, but you must type the subject line as indicated.

[from Rajiv S. Khanna, rskhanna@immigration.com]
We have retireved the following information:

DUAL NATIONALITY
The concept of dual nationality means that a person is a citizen of two
countries at the same time. Each country has its own citizenship laws
based on its own policy.Persons may have dual nationality by automatic
operation of different laws rather than by choice. For example, a child
born in a foreign country to U.S. citizen parents may be both a U.S.
citizen and a citizen of the country of birth. A U.S. citizen may acquire
foreign citizenship by marriage, or a person naturalized as a U.S. citizen
may not lose the citizenship of the country of birth.U.S. law does not
mention dual nationality or require a person to choose one citizenship
or another. Also, a person who is automatically granted another citizenship
does not risk losing U.S. citizenship. However, a person who acquires a
foreign citizenship by applying for it may lose U.S. citizenship.
In order to lose U.S. citizenship, the law requires that the person must
apply for the foreign citizenship voluntarily, by free choice, and with
the intention to give up U.S. citizenship. Intent can be shown by the
person's statements or conduct.The U.S. Government recognizes that dual
nationality exists but does not encourage it as a matter of policy because
of the problems it may cause. Claims of other countries on dual national
U.S. citizens may conflict with U.S. law, and dual nationality may limit
U.S. Government efforts to assist citizens abroad. The country where a
dual national is located generally has a stronger claim to that person's
allegiance. However, dual nationals owe allegiance to both the United
States and the foreign country. They are required to obey the laws of both
countries. Either country has the right to enforce its laws, particularly
if the person later travels there.Most U.S. citizens, including dual
nationals, must use a U.S. passport to enter and leave the United States.
Dual nationals may also be required by the foreign country to use its
passport to enter and leave that country. Use of the foreign passport
does not endanger U.S. citizenship.Most countries permit a person to
renounce or otherwise lose citizenship. Information on losing foreign
citizenship can be obtained from the foreign country's embassy and
consulates in the United States. Americans can renounce U.S. citizenship
in the proper form at U.S. embassies and consulates abroad. 

    -------------------------------------------------------------
    RULES AND REGULATIONS PERTAINING TO THE EMPLOYMENT BASED IMMIGRATION
    CLASSIFICATIONS
    [From Muralidhar Rangaswamy, rangaswamy@zircon.plh.af.mil]

   FAM09-42.32(a)  FIRST PREFERENCE - PRIORITY WORKERS

     (1)  Entitlement to Status

     (TL:VISA-48;   10-1-91)

     An alien shall be classifiable as an employment-based first preference
     immigrant under INA 203(b)(1) if the consular office has received
         from INS a Petition for Immigrant Worker approved in accordance with
         INA 204 to accord the alien such preference status, or official
         notification of such an approval, and the consular officer is satisfied
         that the alien is within one of the classes described in INA 203(b)(1).

     (2)  Entitlement to Derivative Status

     (TL:VISA-48;   10-1-91)

     Pursuant to INA 203(d), and whether or not named in the petition, the
     child or spouse of a employment-based first preference immigrant, if not
     otherwise entitled to an immigrant status and the immediate issuance of a
     visa, is entitled to a derivative status corresponding to the
     classification and priority date of the beneficiary of the petition.

     RELATED STATUTORY PROVISIONS

     INA 203(b), in part

     (TL:VISA-55;   3-13-92)

     (1)  PRIORITY WORKERS.--Visas shall first be made available in a number
     not to exceed 28.6 percent of such worldwide level, plus any visas not
     required for the classes specified in paragraphs (4) and (5), to qualified
     immigrants who are aliens described in any of the following paragraphs (A)
     through (C):

     (A)  ALIENS WITH EXTRAORDINARY ABILITY.--An alien is described in this
     subparagraph if-

     (i)  the alien has extraordinary ability in the sciences, arts, education,
     business, or athletics which has been demonstrated by sustained national
     or international acclaim and whose achievements have been recognized in
     the field through extensive documentation,

     (ii)  the alien seeks to enter the United States to continue work in the
     area of extraordinary ability, and

     (iii)  the alien's entry into the United States will substantially benefit
     prospectively the United States.

     (B)  OUTSTANDING PROFESSORS AND RESEARCHERS.--An alien is described in
     this subparagraph if-

     (i)  the alien is recognized internationally as outstanding in a specific
     academic area,

     (ii)  the alien has at least 3 years of experience in teaching or research
     in the academic area, and

     (iii)  the alien seeks to enter the United States-

     (I)  for a tenured position (or tenure-track position) within a university
     or institution of higher education to teach in the academic area,

     (II)  for a comparable position with a university or institution of higher
     education to conduct research in the area, or

     (III)  for a comparable position to conduct research in the area with a
     department, division, or institute of a private employer, if the
     department, division, or institute employs at least 3 persons full-time in
     research activities and has achieved documented accomplishments in an
     academic field.

     (C)  CERTAIN MULTINATIONAL EXECUTIVES AND MANAGERS.--An alien is described
     in this subparagraph if the alien, in the 3 years preceding the time of
     the alien's application for classification and admission into the United
     States under this subparagraph, has been employed for at least 1 year by a
     firm or corporation or other legal entity or an affiliate or subsidiary
     thereof and the alien seeks to enter the United States in order to
     continue to render services to the same employer or to a subsidiary or
     affiliate thereof in a capacity that is managerial or executive.

     (TL:VISA-48;   10-1-91)

     For the provisions of INA 203(d), see section 42.31 (Related Statutory
     Provisions).

     -------------------- *** ----------------
     FAM09-42.32(a)  - NOTES  EMPLOYMENT-BASED FIRST PREFERENCE IMMIGRANTS

     N1  Defining "Priority Workers" (TL:VISA-54;   2-28-92)

     a.  The statute designates the following aliens as "priority workers" who
     may be entitled to status as employment-based first preference applicants:

     (1)  Aliens with extraordinary ability [see N1.1 below];

     (2)  Outstanding professors and researchers [see N1.2 below]; and

     (3)  Certain multinational executives and managers [see N1.3 below].

     b.  The Immigration and Naturalization Service must approve petitions in
     all of the above categories.  [See N2 below.]

     N1.1  Aliens With Extraordinary Ability (TL:VISA-54;   2-28-92)

     To be considered as an alien with extraordinary ability, the alien must
     have sustained national or international acclaim. The alien's
     accomplishments in the field of science, art, education, business or
     athletics must be recognized in the form of extensive documentation. The
     alien must be seeking to enter the United States to continue work in the
     field, and the entry of such alien must substantially benefit
     prospectively the United States.

     N1.1-1  Defining "Extraordinary Ability" (TL:VISA-54;   2-28-92)

     8 CFR section 204.5(h)(2) defines "extraordinary ability" as follows:

     "Extraordinary ability means a level of expertise indicating that the
     individual is one of that small percentage who have risen to the top of
     the field of endeavor."

     N1.1-2  Evidence of Extraordinary Ability (TL:VISA-54;   2-28-92)

     a.  The  Immigration and Naturalization Service regulations (8 CFR
     204.5(h)(3)) state the documentary evidence that is to be submitted along
     with the petition. Such evidence shall include:

     (1)  Evidence of a one-time achievement (that is a major, internationally
     recognized award) or

     (2)  At least three of the following:

     (a)  Evidence of receipt of a lesser nationally or internationally
     recognized prize or award for excellence in the field of endeavor;


     (b)  Evidence of membership in associations which require outstanding
     achievements of their members, as judged by recognized experts;

     (c)  Published material in professional or major trade publications or
     major media about the alien's work;

     (d)  Evidence of participation on a panel, or individually, as a judge of
     the work of others in the field;

     (e)  Evidence of original scientific, scholarly, artistic, or
     business-related contributions of major significance;

     (f)  Evidence of authorship of scholarly articles in professional journals
     or other major media;

     (g)  Evidence of the display of the alien's work in exhibitions or
     showcases;

     (h)  Evidence that the alien has performed in a leading or critical role
     for organizations or establishments having a distinguished reputation; and

     (i)  Evidence of high salary or high remuneration in relation to others in
     the field; or

     (j)  Evidence of commercial successes in the performing arts, as shown by
     box office receipts or record, cassette, compact disk or video sales.

     b.  If the above standards do not readily apply, the petitioner may submit
     comparable evidence to establish eligibility.

     N1.1-3  Labor Certification/Job Offer (TL:VISA-54;   2-28-92)

     Although no offer of employment (including a labor certification) is
     required, the alien must include with the petition  convincing evidence
     that he or she is coming to continue work in the area of expertise.
     Evidence may include letter(s) from prospective employer(s), evidence of
     prearranged commitments, such as contracts, or a statement from the
     beneficiary detailing plans for continuing work in the United States.

     N1.2  Outstanding Professors and Researchers (TL:VISA-54;   2-28-92)

     An alien may qualify as a priority worker outstanding professor or
     researcher if the alien:

     (1)  Is recognized internationally as outstanding in a specific academic
     area;

     (2)  Has at least 3 years of experience in teaching or research in the
     academic area; and

     (3)  Has the required offer of employment. [See N1.2-3 below.]

     N1.2-1  Evidence of Outstanding Achievement (TL:VISA-54;   2-28-92)

     The Immigration and Naturalization Service regulations (8 CFR 204.5(h)(3))
     indicate the evidence required in submitting a petition for classification
     as an outstanding professor or researcher. Such evidence shall include
     evidence of international recognition as outstanding in the specific
     academic area. This evidence shall consist of at least two of the
     following:

     (1)  Documentation of receipt of major international prizes or awards for
     outstanding achievement in the academic area;

     (2)  Documentation of the alien's membership in associations in the
     academic field, which require outstanding achievements of their members;

     (3)  Published material in professional publications written by others
     about the alien's work;

     (4)  Evidence of participation on a panel, or individually, as the judge
     of the work of others in the same, or an allied, academic field;

     (5)  Evidence of original scientific or scholarly research contributions;
     or

     (6)  Evidence of authorship of scholarly books or articles (in scholarly
     journals with international circulation) in the academic field.

     N1.2-2  Labor Certification/Job Offer (TL:VISA-54;   2-28-92)

     Aliens coming to the United States as outstanding researchers or
     professors do not require labor certification. However, such aliens must
     have a letter from a(n):

     (1)  U. S. university or institution of higher learning offering the alien
     a tenured or tenure-track teaching or research position in the academic
     field; or

     (2)  Department, division, or institute of a private or non-profit
     employer offering the alien a comparable research position in the academic
     field. The department must demonstrate that it employs at least three
     persons full-time in research positions, and that it has achieved
     documented accomplishments in the academic field.

     N1.3  Certain Multinational Executives and Managers (TL:VISA-54;2-28-92)

     An alien may qualify as a priority worker multinational executive or
     manager if:

     (1)  During the 3 year period preceding the time of the alien's
     application for classification and admission into the United States, the
     alien has been employed for at least 1 year by a firm or corporation or
     other legal entity or an affiliate or subsidiary thereof; and

     (2)  The alien seeks to enter the United States in order to continue to
     render services to the same employer or to a subsidiary or affiliate
     thereof in a capacity that is managerial or executive.

     N1.3-1  Defining "Affiliate" (TL:VISA-54;   2-28-92)

     The term "affiliate" as used in this section means:

     (1)  One of two subsidiaries both of which are owned and controlled by the
     same parent or individual.

     (2)  One of two legal entities entirely owned and controlled by the same
     group of individuals, each individual owning and controlling approximately
     the same share or proportion of each entity; or

     (3)  In the case of a partnership that is organized in the United States
     to provide accounting services, along with managerial and/or consulting
     services, and markets its accounting services under an internationally
     recognized name under an agreement with a worldwide coordinating
     organization that is owned and controlled by the member accounting firms,
     a partnership (or similar organization) that is organized outside the

     United States to provide accounting services shall be considered to be an
     affiliate of the U. S. partnership if it markets its accounting services
     under the same internationally recognized name under the agreement with
     the worldwide coordinating organization of which the U. S. partnership is
     also a member.

     N1.3-2  Defining "Doing Business" (TL:VISA-54;   2-28-92)

     "Doing business" means the regular, systematic, and continuous provision
     of goods and/or services by a firm, corporation, or other entity and does
     not include the mere presence of an agent or office.

     N1.3-3  Defining "Executive Capacity" (TL:VISA-54;   2-28-92)

     The term "executive capacity" as defined in INA 101(a)(44)(B) of the
     Immigration and Nationality Act, means an assignment within an
     organization in which the employee primarily:


     (1)  Directs the management of the organization or a major component or
     function of the organization;

     (2)  Establishes the goals and policies of the organization, component, or
     function;

     (3)  Exercises wide latitude in discretionary decision-making; and

     (4)  Receives only general supervision or direction from higher level
     executives, the board of directors, or stockholders of the organization.

     N1.3-4  Defining "Managerial Capacity" (TL:VISA-54;   2-28-92)

     a.  "Managerial capacity" as defined in INA 101(a)(44)(A) means an
     assignment within an organization in which the employee primarily:

     (1)  Manages the organization, or a department, subdivision, function, or
     component of the organization;

     (2)  Supervises and controls the work of other supervisory, professional,
     or managerial employees, or manages an essential function within the
     organization, or a department or subdivision of the organization;

     (3)  If another employee or other employees are directly supervised, has
     the authority to hire and fire or recommend those as well as other
     personnel actions (such as promotion and leave authorization) or, if no
     other employee is directly supervised, functions at a senior level within
     the organization hierarchy or with respect to the function managed; and

     (4)  Exercises discretion over the day-to-day operations of the activity
     or function for which the employee has authority.

     b.  A first-line supervisor is not considered to be acting in a managerial
     capacity merely by virtue of supervisory responsibilities unless the
     employees supervised are professional.

     N1.3-5  Defining "Multinational" (TL:VISA-54;   2-28-92)

     "Multinational" means that the qualifying entity, or its affiliate or
     subsidiary conducts business in two or more countries, one of which is the
     United States.

     N1.3-6  Defining "Subsidiary" (TL:VISA-54;   2-28-92)

     "Subsidiary" is defined as a firm, corporation, or other legal entity of
     which a parent owns, directly or indirectly, 50 percent of a 50-50 joint
     venture and has equal control and veto power over the entity; or owns,
     directly or indirectly, less than half of the entity, but in fact controls
     the entity.

     N1.3-6  Labor Certification/Job Offer (TL:VISA-54;   2-28-92)

     No labor certification is required for aliens in this classification.
     However, the prospective U.S. employer must furnish a job offer in the
     form of a statement which indicates that the alien will be employed in the
     United States in a managerial or executive capacity. The letter must
     clearly describe the duties to be performed.

     N2  Petitions (TL:VISA-54;   2-28-92)

     Aliens of extraordinary ability may file petitions with the Immigration
     and Naturalization Service on their own behalf. Other employer-sponsored
     immigrants must be beneficiaries of approved petitions filed by the
     employer.

     N3  Spouse and Children (TL:VISA-54;   2-28-92)

     The spouse, or the child of a marriage which existed at the time of the
     principal alien's admission into the United States, is entitled to
     derivative status and may  accompany or follow to join the principal
     applicant. A spouse or child acquired subsequent to the principal alien's
     admission is not entitled to derivative status.


   -------------- ************** --------------
   FAM09-42.32(b)  SECOND PREFERENCE - PROFESSIONALS WITH ADVANCED DEGREES OR
     PERSONS OF EXCEPTIONAL ABILITY

     (1)  Entitlement to Status

     (TL:VISA-48;   10-1-91)

     An alien shall be classifiable as an employment-based second preference
     immigrant under INA 203(b)(2) if the consular officer has received from
     INS a Petition for Immigrant Worker approved in accordance with INA 204 to
     accord the alien such preference status, or official notification of such
     an approval, and the consular officer is satisfied that the alien is
     within one of the classes described in INA 203(b)(2).

     (2)  Entitlement to Derivative Status

     (TL:VISA-48;   10-1-91)

     Pursuant to INA 203(d), and whether or not named in the petition, the
     child or spouse of a employment-based second preference immigrant, if not
     otherwise entitled to an immigrant status and the immediate issuance of a
     visa, is entitled to a derivative status corresponding to the
     classification and priority date of the beneficiary of the petition.

     RELATED STATUTORY PROVISIONS

     INA 203(b), in part

     (TL:VISA-55;   3-13-92)

     (2)  ALIENS WHO ARE MEMBERS OF THE PROFESSIONS HOLDING ADVANCED DEGREES OR
     ALIENS OF EXCEPTIONAL ABILITY.--

     (A)  IN GENERAL.--Visas shall be made available, in a number not to exceed
     28.6 percent of such worldwide level, plus any visas not required for the
     classes specified in paragraph (1), to qualified immigrants who are
     members of the professions holding advanced degrees or their equivalent or
     who because of their exceptional ability in the sciences, arts, or
     business, will substantially benefit prospectively the national economy,
     cultural or educational interests, or welfare of the United States, and
     whose services in the sciences, arts, professions, or business are sought
     by an employer in the United States.

     (B)  WAIVER OF JOB OFFER.--The Attorney General may, when he deems it to
     be in the national interest, waive the requirement of subparagraph (A)
     that an alien's services in the sciences, arts, professions, or business
     be sought by an employer in the United States.


     (C)  DETERMINATION OF EXCEPTIONAL ABILITY.--In determining under
     subparagraph (A) whether an immigrant has exceptional ability, the
     possession of a degree, diploma, certificate, or similar award from a
     college, university, school, or other institution of learning or a license
     to practice or certification for a particular profession or occupation
     shall not by itself be considered sufficient evidence of such exceptional
     ability.

     (TL:VISA-48;   10-1-91)

     For the provisions of INA 203(d), see section 42.31 (Related Statutory
     Provisions).

     ----------------------------------------------------------------------


     FAM09-42.32(b)  - NOTES  EMPLOYMENT-BASED SECOND PREFERENCE IMMIGRANTS

     N1  Professionals Holding Advanced Degrees (TL:VISA-54;   2-28-92)

     An alien may qualify as an employment-based second preference immigrant if
     the alien is a member of the professions holding an advanced degree or the
     equivalent. The alien must be the beneficiary of a petition approved by
     the Immigration and Naturalization Service. [See N4 below.]

     N1.1  Definitions

     N1.1-1  Defining "Advanced Degree" (TL:VISA-54;   2-28-92)

     "Advanced degree" means any U.S. academic or professional degree (or
     foreign equivalent degree) above that of baccalaureate.

     N1.1-2  Master's Degree Equivalent (TL:VISA-54;   2-28-92)

     The conference committee report (H.R. Rep. No. 101-955) states that a
     bachelor degree plus five years of progressive experience in the
     professions should be considered as the equivalent of a master's degree.

     N1.1-3  Doctorate Degree Equivalent (TL:VISA-54;   2-28-92)

     Although the Immigration and Naturalization Service (INS) will not
     evaluate the equivalence of education and experience to a doctorate, if a
     doctorate (or a foreign equivalent degree) is normally required by the
     specialty, the alien must possess such a degree.

     N1.1-4  Defining "Profession " (TL:VISA-54;   2-28-92)

     INA 101(a)(32) defines "profession" as including but not limited to
     architects, engineers, lawyers, physicians, surgeons, and teachers in
     elementary or secondary schools, colleges, academies, or seminaries. INS
     regulations also include any occupation for which a U.S. baccalaureate
     degree (or foreign equivalent) is the minimum requirement for entry into
     the occupation.

     N1.2  Determining Professional Status (TL:VISA-54;   2-28-92)

     Evidence to establish an alien as a member of the professions holding an
     advanced degree should be in the form of the following:

     (1)  An official academic record showing possession of an advanced degree
     (or foreign equivalent); or

     (2)  An official academic record showing possession of a baccalaureate
     degree (or foreign equivalent) and a letter from current or former
     employer(s) showing at least five years of progressive post-baccalaureate
     experience in the specialty.

     N2  Aliens of Exceptional Ability (TL:VISA-54;   2-28-92)

     An alien may qualify as an employment based-second preference immigrant if
     the alien has exceptional ability in the sciences, arts, or business,
     which will substantially benefit prospectively the national economy,
     cultural or educational interests, or welfare of the United States, and
     the alien's services in the sciences, arts, or business are sought by an
     employer in the United States.

     N2.1  Determining Exceptional Ability (TL:VISA-54;   2-28-92)

     a.  The possession of a degree, diploma, certificate, or similar award
     from a college, university, school, or other institution of learning; or a
     license to practice, or certification for a particular profession or
     occupation, shall not by itself be considered sufficient evidence of such
     exceptional ability.

     b.  "Exceptional ability" has been defined as something more than what is
     usual, ordinary, or common, and requires some rare or unusual talent, or
     unique or extraordinary ability in a calling which, of itself, requires
     that talent or skill. Individuals must have attained a status in their
     field wherein contemporaries recognize exceptional ability.

     c.  To establish evidence of exceptional ability, the petition must be
     accompanied by at least 3 of the following:

     (1)  An official academic record showing a degree, diploma, certificate,
     or similar award from a college, university, school, or other institution
     of learning relating to the area of exceptional ability;

     (2)  Letter(s) from current or former employer(s) showing evidence the
     alien has at least ten years of full-time experience in the occupation;

     (3)  A license to practice the profession or certification for a
     particular profession or occupation;

     (4)  Evidence that the alien has commanded a salary, or other remuneration
     for services, which demonstrates exceptional ability;

     (5)  Evidence of membership in professional associations; or

     (6)  Evidence of recognition for achievements and significant
     contributions to the industry or field by peers, governmental entities, or
     professional or business organizations.

     d.  If the above standards do not readily apply the petitioner may submit
     comparable evidence to establish the beneficiary's eligibility.

     N3  Labor Certification/Job Offer (TL:VISA-54;   2-28-92)

     a.  Although a labor certification is required for the second preference
     category, the Attorney General may, when he deems it to be in the national
     interest, waive the requirement that an alien's services in the sciences,
     arts, or business be sought by an employer in the United States.

     b.  The Department of Labor has stated that if there is no employer, there
     is no basis for issuing a labor certification. There may be, therefore,
     some valid petitions for employer-based second preference that do not have
     an underlying labor certification.

     N4  Petitions (TL:VISA-54;   2-28-92)

     Any U.S. employer may file a petition for classification of an alien under
     INA 203(b)(2) as an alien who is a member of the professions holding an
     advanced degree or an alien of exceptional ability in the sciences, arts,
     or business. If an alien is claiming exceptional ability and seeking an
     exemption from the job offer requirement under INA 203(b)(2)(B), then the
     alien, or anyone on the alien's behalf, may file the petition.

     N5  Spouse and Children (TL:VISA-54;   2-28-92)

     The spouse, or the child of a marriage which existed at the time of the
     principal alien's admission into the United States, is entitled to
     derivative status and may  accompany or follow to join the principal
     applicant. A spouse or child acquired subsequent to the principal alien's
     admission is not entitled to derivative status.


      -------------------------------------------------------------------

     FAM09-42.32(c)  THIRD PREFERENCE - SKILLED WORKERS, PROFESSIONALS, OTHER
     WORKERS

     (1)  Entitlement to Status

     (TL:VISA-48;   10-1-91)

     An alien shall be classifiable as an employment-based third preference
     immigrant under INA 203(b)(3) if the consular officer has received from

     INS a Petition for Immigrant Worker approved in accordance with INA 204 to
     accord the alien such preference status, or official notification of such
     an approval, and the consular officer is satisfied that the alien is
     within the class described in INA 203(b)(3).

     (2)  Entitlement to Derivative Status

     (TL:VISA-48;   10-1-91)

     Pursuant to INA 203(d), and whether

Q72:-If I apply now, where do I go to apply and how long will it be before I
receive my new Green Card?
Ans:-To replace their Green Card, holders of Form I-151 Alien Registration
Receipt Card must apply in person and submit a completed Form I-90 along
with a $75 filing fee to their local INS office.  It will take from three
months to ten months for an applicant to receive his/her new card.

  Individuals should contact their local INS office regarding specific
  filing procedures.

Q73:-What if I cannot afford the application fee, or I am ill or disabled
and cannot go to my local INS office?
Ans:-Applicants who cannot afford the fee, or who are unable to appear
in person because they are confined due to advanced age or physical
disability, may contact their local INS office and request a waiver of
these requirements.

Q74:-Do I have an alternative to applying for a new Green Card?
Ans:-Yes, there is a simple alternative to Green Card replacement for those
who qualify or apply for citizenship.  As a US citizen there is no need
for a Green Card.

Q75:-If  I am about to apply for a new Green Card or if I have already
applied for my replacement Green Card or for citizenship what  can I use to
maintain proof of permanent resident status until I receive my new Green
Card or until I become a US citizen?
Ans:-For applicants with a valid, unexpired passport:  Applicants may bring
their passport with evidence of filing for a new Green Card, or evidence of
filing for naturalization, to their local INS office.  A temporary Form I-
551 stamp, valid up to one year, will be placed in the passport.

For applicants without a valid, unexpired passport:  If there is a need for
emergency travel, applicants may bring evidence of filing for  a new Green
Card, or evidence of filing for naturalization, to their local INS office
and request a temporary Form I-551.  If the request is clearly warranted
because of an emergency, the temporary Form I-551 will be issued.

These authorization documents allow the applicant to reenter the United
States and obtain entitlement benefits until he/she receives a replacement
card or becomes a naturalized citizen (if the applicant applied for
citizenship instead of a new Green Card.)

Q76:-After March 20, 1996, what will happen if I present an old Form I-151
Green Card when I try to reenter the United States after traveling abroad,
or when I obtain a new job, or when I apply for entitlement benefits?
Ans:-Reentry into the United States from abroad:  To the extent possible, apply
for your new card before you travel and bring with you evidence of your
application  for either the new card or naturalization.  However, a legal
permanent resident with an old I-151 who applies for admission to the
United States after traveling abroad may experience a delay in admission
due to additional procedures.

Obtaining employment:  If you are considering changing jobs, again, we urge
you to apply for your new card or naturalization and bring with you
evidence of your application for either the new card or naturalization.
While employers will not accept the old I-151 , when they verify employment
eligibility for new hires, you may use other documents listed on the Form
I-9 (Employment Eligibility Verification Form) to fulfill this need.

Applying for entitlement benefits:  Your status as a legal permanent
resident has not changed.  Therefore, your eligibility for entitlement
benefits will not change.  However, to avoid any possible inconvenience or
delay in applying for entitlement benefits, we urge you to apply for your
new card or naturalization and bring with you evidence of your application
for either the new card or naturalization.

Q77:-GC Lottery
                     ----------
Provide Info about the GC lottery
Diversity Visa Lottery 1998 (DV-98)
Ans:-[from Rajiv S. Khanna, rskhanna@immigration.com]
        The registration period for the next Diversity Visa Lottery (DV-98)
        will begin at noon on February 3, 1997 and will end at noon on
        March 5, 1997. Any entries received before or after these dates will
        be disqualified.

        Persons born in the following countries are not eligible for
        DV-98: Canada, China, including Mainland and Taiwan, Colombia,
        Dominican Republic, El Salvador, India, Jamaica, Mexico, Philippines,
        Poland, South Korea, Vietnam, and the United Kingdom and its dependent
        territories. (Persons born in Hong Kong and Northern Ireland are
        eligible to apply.)

If you are in the United States, to receive written instructions on how
to enter the visa lottery (DV-98), please call the U.S. Department of
State's Visa Lottery Information Center at 1-900-884-8840 and leave
your name and address. You will be charged a flat rate of $5.10 on your
telephone bill (callers must be age 18 or older) and the information will
be mailed to you within three business days. If you are overseas, please
contact the nearest U.S. embassy or consulate for DV-98 instructions.


CONSUMER ALERT

Federal Trade Commission
Bureau of Consumer Protection
Office of Consumer and Business Education



Green Card Lottery Scams


Washington, D.C. -- If you or someone you know is trying to obtain a
green card--the right to live permanently in the United States--be on
the alert for unscrupulous businesses and attorneys who claim that, for
a fee, they can increase your chances of winning the U. S. State
Department's annual green card lottery.

Each year the State Department conducts a green card lottery through
its diversity visa program to distribute applications for 55,000
immigrant visas. Winners of the lottery have a chance to apply for
an immigrant visa, which can be used to enter the U.S. Winners are
selected randomly and there is no fee to enter the lottery. If the
winner files a successful application, he or she can enter the U.S.
and exchange the immigrant visa for a green card, issued by the
Immigration and Naturalization Service (INS). If the winner is in the
U.S. already, he or she can get a green card from INS without leaving
the country.

The Scam

Some businesses and attorneys use misrepresentations and unfair practices
to promote services to consumers who hope to win a chance to apply for a
green card through the lottery program. Among the deceptions scam artists
use are statements that:

-- they are affiliated with the U.S. Government;

-- special expertise or a special application form is required to
enter the lottery;

-- their company never has had a lottery entry rejected, and

-- their company can increase an applicant's chances of "winning" the
lottery.

In addition, some fraudulent companies jeopardize an applicant's opportunity
to participate in the lottery by filing multiple entries; and try to force
lottery-winning applicants to pay substantial fees to complete the visa and
green card application process. A delay in processing a winner's application
can kill their chances for a green card because the State Department selects
more winners than there are visas available. The State Department awards
visas on a first-come, first-served basis.

Protecting Yourself

The best way to protect yourself from green card lottery scam artists is to
understand how the State Department's lottery works.

-- Entering the green card lottery is straightforward and costs nothing.
You can enter on your own by following the instructions available from
the State Department or your local consumer affairs office. There is no
entry form. Hiring an attorney or company to enter the lottety for you is
your decision.

-- Do not submit more than one entry. If you do, you will be disqualified
automatically.

-- No special techniques or loopholes are available to increase your
chances of winning the green card lottery. Selection of entries in the
lottery is random.

For more information about the State Department's green card lottery,
contact the U.S. Department of State hotline at 900-884-8840. The cost of
the call is $5.10. You also may access the State Department's website at
http://travel.state.gov. If you think you are a victim of a green card
lottery scam, contact the Federal Trade Commission's New York Regional
Office at (212) 264-1207. Or, contact the National Fraud Information
Center (NFIC), a project of the National Consumers League, at
1-800-876-7060, 9 a.m. - 5:30 p.m. EST, Monday - Friday, or at
http://www.fraud.org on the Internet.




Q78:-Do I have to replace my Green Card?
Ans:-[From Rajiv S. Khanna, rskhanna@immigration.com]
FACT SHEET FROM INS
***********************

Green Card Replacement Program

All old I-151 Cards Expire March 20, 1996


Permanent resident aliens with an old Form I-151 Green Card, issued
before 1979, must obtain a new card, Form I-551 Alien Registration Receipt
Card, to maintain evidence of resident status.  The old Form I-151 will no
longer be valid after March 20, 1996.

        The INS is urging those lawful permanent residents, who are in need of
the new card and have not yet applied, to do so as soon as possible to
avoid any possible confusion about their legal permanent resident status
after March 20, 1996.

Q79:-What supporting documentation must be submitted to demonstrate
   the national interest?
Ans:-[From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   Most of the successful petitions are documented by evidence such as
   a letter from an interested U.S. Government agency, evidence showing
   that the alien's work is funded by the U.S. Government and/or letters
   from distinguished scientists/ professors in the field
   attesting to the importance of the research. Cases involving defense
   related research or energy related research have the greatest success.

Q80:-And, I had heard that there was a bill up for vote.  Do you have
   any information on this?
Ans:-[from Rajiv S. Khanna, rskhanna@immigration.com]
    The proposed special nonimmigrant "S" visas were never voted
    on in Congress.  The bill is on the back burner.

Q81:-What is the waiting period for such cases [2A category]?
Ans:-[from Rajiv S. Khanna, rskhanna@immigration.com]
   As of October 1996
   Approx. 4 years for India.

Q82:-What are the various categories of "Preferences" ?
Ans:-[From Allen E. Kaye, India Abroad]

   FAMILY SPONSORED PREFERENCES
   -----------------------------

  First Preference : Unmarried sons and daughters of U.S. citizens.

  2A exempt second preference : spouse and unmarried children of permanent
  residents - exempt from per-country limit.

  2A subject second preference : spouses and unmarried children of permanent
  residents - subject to per-country limit.

  Legalization Beneficiaries - spouses and children (even though the marriage
  took place after the date the petitioner was admitted to the U.S. as a
  permanent resident.

  2B second preference : Unmarried sons and daughters, 21 years of age or
  older, of permanent residents.

  Third Preference : married sons and daughters of U.S. Citizens.

  Fourth Preference : Brothers and sisters of adult U.S. citizens.

  EMPLOYMENT BASED PREFERENCES
  ----------------------------

  First Preference : Priority workers.


  Second Preference : Professionals holding advanced degrees or persons
                      of exceptional ability.

  Third Preference : Skilled workers and professionals.

  Third Preference : Other workers (unskilled workers).

  Fourth Preference : Certain special immigrants..

  Fourth Preference : Certain religious ministers, professionals and other
                      religious workers.

  Fifth Preference : Employment creation (investors).

  Fifth Preference : Employment creation (investors in targeted employment
                     areas)



Q83:-I have filed an application for change of status. I have a
   non-immigrant visa [e.g. H-1B] which will expire next week.
   Most likely I will not be called for my GC interview before
   next week. Should I file for an extension of my non-immigrant
   visa [e.g. extension of H-1B visa] ?
Ans:-[from Rajiv S. Khanna, rskhanna@immigration.com]
   You should immediately obtain employment authorization.  INS should
   expedite your request under these circumstances.



Q84:-What are the recent INS proposals regarding the NIW?
Ans:-[From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   In an attempt to crack down on what it perceives as abuse of the NIW
   category, the INS proposed adding the following four conditions (in
   addition to the list of factors deemed to be in the national interest
   of the USA) to the regulations for this category.

   (1) The alien has at least two years of experience (not merely experience
       gained while studying at a University, College or institution of
       higher learning) in the field intended to be of benefit to the USA.

   (2) There is a genuine need for the skills/experience of the alien. In
       other words, the alien is not being hired to merely overcome labor
       shortage in a particular underserved geographical area (which is viewed
       by the INS as benefiting a smaller section of society).

   (3) The alien will play a leading or critical role in the activity/event
       intended to benefit the USA.

   (4) The prospective benefit to the USA on account of the alien's work must
       be substantial.

   Although (1)-(4) are merely proposals at this stage, it is advisable for
   applicants to include satisfactory evidence demonstrating that they meet
   these conditions.

Q85:-Can I change employers before my GC interview if my I-140 is approved on
   the grounds of a national interest waiver (NIW)?
Ans:-[From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   If the basis of granting the NIW is the work done while being employed
   by a specific employer, then the alien worker must intend/continue to
   work for the employer at the time of the GC interview (in general).
   It may be possible in some cases to change employers provided the worker's
   job duties and responsibilities will be similar to those while employed
   with the previous employer and therefore, it is still in the national
   interest. In all other NIW cases, changing jobs before the GC interview
   has no consequence at all.



Q86:-What is the time-frame to get a GC if the spouse is an U.S. citizen?
Ans:-[from B.G. Mahesh, mahesh@mahesh.com]
   You will get a temporary green card as soon as you marry
   a US citizen. After 2 years that card will get a permanent
   GC [You have to prove/show to INS that the marriage is genuine].

Q87:-What form should I file to seek the national interest waiver of the

    job offer and labor certification requirements?
Ans:-[From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
    You need to file the form I-140 (immigrant worker petition)and ETA-750
    (part B) (special qualifications of the beneficiary) along with a check
    for the filing fee and the supporting documentation.

Q88:-How are the national interest waiver cases adjudicated?
Ans:-[From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   Although the INS states that it will be flexible in determining
   who qualifies for the national interest waiver, it sometimes uses
   more stringent standards when deciding cases filed for people in
   the business and arts than for people in the sciences.

Q89:-Which fields have the greatest chance of success for the NIW?
Ans:-[from rskhanna@immigration.com]
  There is no such thing as the "greatest chance."  It all depends
  upon the individual case.  NIW's have been granted to acupuncturists,
  environmental scientists, artists, civil engineers, geologists, physicians,
  etc. etc. etc.

Q90:-Please discuss the consequences, immediately after obtaining
    immigration (meaning within a day or two).
Ans:-[from Rajiv S. Khanna, rskhanna@immigration.com]

    a. If the employee voluntarily quits/leaves the employer.
       You may have a problem.

    b. If the employer fires the employee for performance related reasons.
       You may have a problem.

    c. If the employer fires the employee because of the personality
                problems. You may have a problem.

    d. If the employer lays-off the employee for economic reasons (lack of
       adequate business or resources).
       You may have a problem.



Q91:-What are the conditions that need to be satisfied to be in the
   national interest?
Ans:-[From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   [Modified by Rajiv S. Khanna, rskhanna@immigration.com]
   There is no formal definition of what constitutes "national interest".
   However INS decisions have established a list of the following
   seven factors that may be deemed to be in the national interest in the USA.

      (1) Improving the U.S. economy.
      (2) Improving the wages and working conditions of U.S. workers.
      (3) Improving the education and training programs for U.S. children and
          underqualified workers.
      (4) Improving health care.
      (5) Providing more affordable housing for young and/or older, poorer U.S.
          residents.
      (6) Improving the environment.
      (7) Obtaining a request from an interested U.S. Government agency.



Q92:-Can citizenship once granted be revoked?
Ans:-[From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   You bet.

Q93:-What is the national interest waiver (NIW)?
Ans:-[From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
    A person may qualify for the waiver of the labor certification and
   job offer requirement if they can show that their work will be in
   the national interest of the USA. This benefit is popularly called
   the national interest waiver.

Q94:-Summary of Green Card Interview in Newark, New Jersey
Ans:-[From Sriraman Kannan, sriraman@alumina.rutgers.edu]
Here is a short summary of my Green Card interview experience
at Newark.

On the day of the interview, we went in about 20 minutes before
the appointed time and handed our interview call letter to the
reception counter.

We were called in about an hour after the scheduled time. The
INS officer took our fingerprints and signature. He asked for
my employment letter (I had taken a more recent one along with that
submitted with the I485 application). He also took the
affidavit of support for my wife.

Here is the important part : along with our application
we had submitted our birth certs. (which you may realize
read unnamed, since that was the way things were done in India,
the registration took place prior to the naming ceremony).
I had however submitted an affidavit by an elderly person
swearing that the child referred to in the BC was subsequently
renamed as ....(yours truly). During our appointment
however, the INS officer asked for an affidavit from a second
person. Luckily, we had taken affidavits from two others and
that was more than adequate. That was it - our passports were
stamped and we were told our cards should arrive in
6 weeks - 2 months. Since we were moving apartments, we gave the
officer our new address.



Q95:-If your dependents cannot join you for some reason, can you still
        get the GC just for yourself - and apply for the GC of your
        dependents later on (even if your original petition has included
        your dependents).  How long will the latter process take?
Ans:-[From Rajiv S. Khanna, rskhanna@immigration.com]
     Later petition is no problem.  But they will,have to wait (may be even
     several years) like all ordinary relative petition beneficiaries.  You,
     however, can adjust your status while they join you in 2-8 months
     if you undertake the process known as "following to join."

Q96:-Who files the petition in a national interest waiver case?
Ans:-[From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
    The petition can be filed either by the alien worker themselves, their
   employer or anyone acting as a representative for the alien.

Q97:-Do I need to be a permanent resident to get Social Security benefits?
Ans:-[From Nick Jacobs, njacobs@access.digex.net]
   You do not have to be a permanent resident (or any kind of resident)
   to get a Social Security retirement benefit. It can be paid to
   a person living outside the US who does not have any kind of
   US visa. The requirement is to have paid a certain amount of
   Social Security tax, in the US, for at least 10 years. Of
   course it is difficult to work legally in the US for as much
   as 10 years without getting a green card. But it is possible,
   and also a person who maintains PR for 10 years, then leaves
   the US and abandons PR status, is eligible for a Social
   Security retirement benefit.



Q98:-How does an individual qualify for the national interest waiver?
Ans:-[From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   A person qualifies for this benefit if he falls within the second
   preference employment based category, namely a person in the
   professions who either holds an advanced degree or is considered
   possessing exceptional ability in the sciences, business or arts.

Q99:-Does a parent (green card holder) who has filed for a green card for
   his/her unmarried child who is under 21 years of age, have to file
   another petition if the child turns 21 while waiting for the green card?
Ans:-[from Suresh, sur@hrojr.hr.att.com]
   NO, the petition is automatically moved from category 2A (unmarried
   children under the age of 21) to category 2B (unmarried children over
   the age of 21--I'm not sure if this category includes married children
   also). The 2B category moves much slower than 2A.

Q100:-How do I maintain my Green Card if I am traveling abroad for an extended
period of time.
Ans:-[from Rajiv S. Khanna, rskhanna@immigration.com]
Before I answer that question, let me strongly recommend, in view of
the seriousness of issues involved, pleases consult competent counsel
regarding the specific facts of your case.

Overall, the answer is exceedingly complicated.

     As a preliminary matter, please note that a permanent resident
alien has no statutory or other legal guarantee that assures him a
right to return if he is outside the United States.  If he leaves
this country, even on a brief and temporary mission, he may be
unable to return unless he complies with the requirements of the
immigration laws.

     Since 1924, the immigration laws have provided for the
issuance of reentry permits to permanent residents of the United
States who wished to make temporary visits to foreign countries.
The reentry permit is one of the acceptable documents that may be
presented by aliens seeking to enter the United States.
Nevertheless, please note, a reentry permit does not infallibly
assure entry into the United States.  At most, it is prima facie
evidence of the bearer's lawful status.  The reentry permit is
equivalent to a visa and thus relieves its rightful holder from
other documentary requirements.  The permit shows that the alien is
returning from a temporary visit abroad.  But the statue emphasizes
that the reentry permit has no other effect under the immigration
laws.

     The basic prerequisite for obtaining a reentry permit is that
the applicant prove that he has been lawfully admitted to the
United States for permanent residence.  It must appear that he has
not abandoned his residence in the United States.  He must
establish also that his application is made in good faith in
connection with a temporary visit abroad.  The regulations provide
that the reentry permit be issued for a two-year period and not be
renewable.  The two-year period runs from the date the permit is
issued and not from the date of the application.

   During the period of its validity the permit can be used for any
number of reentries.  Moreover, the reentry permit will be deemed
unexpired if its holder departs on a continuous trip to the United
States before its expiration.  The permit must be surrendered to
the INS when its validity expires.

     In order for you to maintain your permanent resident status,
it is required that your absence abroad must be temporary.  The
inquiry revolves around whether an alien intended to retain his
permanent residence status by returning to the United States
"within a relatively short period of time." The term "temporary"
will vary with the facts and circumstances of each case; the
intention of the alien, when it can be ascertained, will control.
Moreover, the intention at the time of departure must be to return
within a relatively short period, fixed by some early event.

     Among the factors ordinarily considered in determining whether
the absence was temporary are the duration of absence, the location
of the alien's family ties, property holdings, and job, and his
intention with respect to the location of his actual home.  The
government is under no obligation to inform him that his absence
will terminate residence.  Although the length of the alien's
absence is not the only factor, a lengthy absence coupled with
establishment of ties abroad may establish abandonment of resident
status.  Another factor that may be considered is whether the
traveler had a definite reason for proceeding abroad temporarily.


     A lengthy absence may, in certain circumstances, be
satisfactorily explained.  Thus, where an alien's absence abroad
was due to his employment by an American company and he maintained
ties in the United States, and where his application to preserve
residence continuity for naturalization purposes had been approved,
the alien's lawful permanent residence status was not lost.
Moreover, loss of naturalized United States citizenship by voting
in a Mexican election during a visit there did not, by itself,
terminate status as a lawful permanent resident of the United
States.

     Some of the factors that have been examined in various decided
cases in this area are:
     A.   Length of residence in the U.S. since becoming a
          permanent resident - generally, the longer you have
          resided in the U.S., the stronger your case;
     B.   ownership of real estate in the U.S.;
     C.   whether or not U.S. income tax returns have been filed
          during the time of absence.  In this regard, please note,
          YOU MUST NOT FILE INCOME TAX RETURNS AS A NON-RESIDENT.
          Please consult with a CPA or tax professional as to what
          other options exist.
     D.   How many prior reentry permits have been granted to the
          alien;

     I recommend the following specific measures in addition to the
material provided above:
     A.   If you own real estate in the U..S. - do not sell it
          prior to departure;
     B.   Maintain your main savings account in the U.S.
     C.   Continue to maintain your drivers license and all credit
          cards
     D.   Pay U.S. taxes as a resident
     E.   Maintain correspondence with all your friends and family
          in the U.S.
     F.   Keep all your telephone bills showing various calls to
          the U.S.

     This list is not meant to be exhaustive.  The rule of common
sense prevails.

Q101:-What are the current requirements of your stay in US to be able to
   retain the Green Card.
Ans:-[from Rajiv S. Khanna, rskhanna@immigration.com]
   There is NO guaranteed way a person can retain their green card,
   unless their permanent residence is IN FACT in the U.S.  It is
   erroneous to think that so long as you keep visiting U.S. every year,
   you may retain the GC.  Absolutely not true.  As a matter of practice,
   INS may not catch you, but they can place you in exclusion proceedings
   (sort of the first step in canceling a GC when a GC holder is trying to
   enter the U.S.) when they do suspect that you are actually not living in
   the U.S.

   If a GC holder is planning to be away from U.S. for an extended period of time, it is best to seek permission from the INS in the form of "Reentry Permit" (Form I-131).  Even this does not "Guarantee" retention of a GC, but it may be the safest thing under most circumstances.

   Because losing a green card is a serious matter, I strongly advise that
   you seek the guidance of competent counsel for you individual case.

Q102:-Why should I become a U.S. citizen?
Ans:-[From Allen E. Kaye, India Abroad, October 21, 1994]
   If you are a U.S. citizen, you will be able to,
        o get green cards for your spouse and unmarried children without a
          long wait
        o get green cards for your parents, your married children, and your
          brothers and sisters
        o vote
        o get a U.S. passport
        o work for the U.S. government or in the other jobs that are closed to
          non-citizens
        Also, a citizen can't be deported or kept out of the U.S.



Q103:-Is it safe to get public benefits?
Ans:-[From Allen E. Kaye, India Abroad, October 21, 1994]
   If you or your family members get public benefit, it will not affect your
   ability to become a citizen. But before you travel, remember - if you
   depend on public benefits, INS can keep you from reentering the United
   States. Also, your family members who get permission to stay under the
   "family unity" program will have to show that they do not depend on
   public benefits when they go to get their green card.



Q104:-If I am a permanent resident, can I get public benefits?
Ans:-[From Allen E. Kaye, India Abroad, October 21, 1994]
   You can get many public benefits. These include,
        o most forms of Medicaid
        o food stamps (if you have amnesty as a farm worker)
        o unemployment benefits
        o Supplemental Security Income (SSI) if you are 65 or over, blind,
          or disabled
        o Social Security retirement or disability
        o help with housing costs
        o most federal scholarships and student loans
        o county general assistance

    However, there are some benefits you cannot get for five years after you
    filed your first amnesty application. These are,
        o food stamps (if you have amnesty because you came to United States
          before Jan. 1, 1982)
        o welfare (AFDC)

    Your family members who are U.S. citizens are eligible for all forms
    of public benefits.

Q105:-Do I have other responsibilities?
Ans:-[From Allen E. Kaye, India Abroad, October 21, 1994]
   Yes. Be sure to,
        o pay taxes you owe
        o report any change of address to INS within 10 days
        o have your children who are permanent residents register within
          INS within 10 days of turning 14

Q106:-Can I travel abroad?
Ans:-[From Allen E. Kaye, India Abroad, October 21, 1994]
   Yes. You can travel outside the United States. When you travel, you must,

        o take your green card to show INS when you come back
        o keep a record of the dates each time you leave and come back
        o always reenter legally (use the border checkpoint)



Q107:-What are the benefits/restrictions of a U.S. Permanent Resident?
Ans:-[from Alberto Molina, alberto@cybernet.cse.fau.edu]

- Ability to leave/enter the U.S. at will without the risk of being
  denied entry by an Immigration official at the port of entry.
- Right to apply for government-sponsored financial aid for education.
- Permission to work in any company located in U.S. territory
  regardless of job function, hours/week, etc. except for some
  companies that only hire U.S. citizens.
- Permission to start own business and create own corporation.
- To keep PR, the person must reside in the U.S. for a minimum number
  of days per year (does anybody know what's the limit?)
- Permanent residents can get into welfare if unable to get a job.
- Permanent residents can sponsor spouse and unmarried children to
  obtain PR status.
- Permanent residency can be revoked if the permanent resident gets
  involved in illegal activities. An example is a case that was discussed
  in this newsgroup where a permanent resident was deported for drug use.
- Permanent residents cannot vote.
- Permanent residents get Social Security benefits when they retire.
  [see the next section regarding SS benefits]



Q108:-After getting stamped in the passport for employment based immigration,
    how long is an employee required to work with the employer that
    sponsored the employee for immigration.
Ans:-[from Rajiv S. Khanna, rskhanna@immigration.com]
   There is NO prescribed time limit.  There are a couple of considerations
   that must be borne in mind.  The basis for getting a GC are that you took
   up a "permanent" position.  If you leave too soon, INS may claim that you
   did not intend to take the job up on a "permanent" basis.

   "Permanent" does not mean forever.  But it also does not mean that you may
   leave the day after you get the green card.  Unfortunately, there are no
   bright line tests in this area.  (Answered 06/24/94 --  Please leave the
   date in, so people know how recent the answer is.)  It is imperative that
   you seek the opinion of competent counsel in this regards.



Q109:-What does "current" mean?
Ans:-[from Rajiv S. Khanna, rskhanna@immigration.com]
   "Current" means there is no waiting involved.  All people
    qualified for the category in question can immediately apply
    for adjustment of status (if within U.S.) or an immigrant visa
    (if outside the U.S.).



Q110:-Do I have to register with Selective Service?
Ans:-[From Allen E. Kaye, India Abroad, October 21, 1994]
   If you are a male over 17 but under 26, you must register with the Selective Service. If you do not register, you may be subject to criminal prosecution. If convicted, you could be deported.



Q111:-Can GC holders sponsor for their parents GC?
Ans:-[from Rajiv S. Khanna, rskhanna@immigration.com]
   US GC holder can *only* sponsor his/her spouse and unmarried children.

Q112:-If I gained lawful permanent resident status (LPR) through a
    previous marriage, can I petition for my current spouse to immigrate
    to the US based on my LPR?"
Ans:-[From Brandon Nutter, bnutter@silver.ucs.indiana.edu]
   You may NOT file an I-130 (Petition for Alien Relative) for

   E. A husband or wife if you gained lawful permanent resident status
      by virtue of a prior marriage to a United States citizen or lawful
      permanent resident unless:

     1) a period of five years has elapsed since you became a lawful
        permanent resident; OR
     2) you can establish by clear and convincing evidence that the
        prior marriage (through which you gained your immigrant status)
        was not entered into for the purpose of evading any provision of
        the immigration laws; OR
     3) your prior marriage (through which you gained your immigrant
        status) was terminated by the death of your former spouse.


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