FAQ: National Visa Center (NVC) Processing

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What is the National Visa Center (NVC)?

The NVC is a Department of State (DOS) facility that handles immigrant visa processing.  They act as a liaison between USCIS, the green card applicant(s) and the consular post abroad.

FAQ: PERM Recruitment

Q. What recruitment steps are required under PERM?

A. PERM requires employers to undergo specific forms of recruitment within the six months prior to filing the PERM application. These forms of recruitment include: a 30 day job order with the State Workforce Agency (SWA), an internal notice of filing the job opportunity at the place of employment and two Sunday ads in the newspaper of general circulation. To continue, please click here.

FAQ: The First Step to an Employment-Based “Green Card” – The Labor Certification Process

Employers seeking to obtain permanent residence for a foreign worker generally have to obtain a “labor certification” (LC) from the Department of Labor (DOL) as the first step in the process. DOL uses a system known as “PERM” to allow employers to file applications forsuch LC.
What is PERM?

PERM (Program Electronic Review Management) is a system through which employers submit an electronic application to DOL to attest that they have taken the required steps to recruit U.S. workers and that they have been unable to find a qualified U.S. worker for the position. Employers are responsible for keeping documentation of the recruitment and the documentation is submitted to DOL as a result of an audit.   To read more, click here.

FAQ: B-1 Visa

Q: What is a B-1 Visa?

A.  The B-1 visa is for business travel such as to consult with business associates, attend a scientific, educational, professional or business conference, settle an estate, or negotiate a contract. The definition of “business” in this instance is limited, and does not generally allow for gainful employment.

Citizens of one of the 37 countries participating in the Visa Waiver Program can apply to obtain an Electronic System for Travel Authorization (ESTA). Unlike the B-1 visa, the ESTA is not a visa and it does not meet the legal requirements to serve in lieu of a U.S. visa when a visa is required. Click here to read more.

FAQ: Preparing for Consular Interview

Q: What Should I Do to Prepare for my Consular Processing Interview?

A. This can be a stressful process. You are not automatically guaranteed a visa. Most applicants, but not all, will have an appointment at the Visa Application Center (OFC), followed by an appointment at the Embassy or Consulate. The following questions and answers are intended you prepare you and facilitate the process.

How should I prepare my documents?

–         Do not staple documents together. Please use binder clips as necessary.

–         Submit clear and legible photocopies of all documents required. Click here to read more…

FAQ: Traveling with a Pending AOS Application

Q: Can I travel outside the United States if I have a Form I-485, adjustment of status, application pending?

A. Typically, the answer is no. If you depart the U.S. with a pending Form I-485, your adjustment application can be considered abandoned. However, you might be able to travel abroad if you have applied for and received an approved advanced paroled (AP) document from USCIS.  It typically takes 90 days from filing to receive the AP document.

FAQ: Social Security Numbers

Social Security Numbers (SSNs) are a key component to many aspects of life in the U.S., but the issuance of SSNs to foreign nationals is restricted and we are often asked questions about it.  The following are answers and resources to provide you with information on this and related topics.

Q: How does a noncitizen obtain a SSN?

A: Noncitizens authorized to work in the U.S. by DHS can apply to obtain a SSN. Although, since the I-94 automation in May 2013, the SSA has changed its 10-day wait policy. It is best if noncitizens wait a few days after admission to apply.  For first time applicants, the process involves completing an application, applying in person at a SS office and presenting at least two acceptable documents to prove identity, work authorization and age.  Processing is roughly two to three weeks after application for the noncitizen to obtain the SSN. Click here to read more questions and answers on social security numbers.

FAQ: Student Options for Status Extension While Waiting on an H-1B

Q. How do I remain in status if I am in OPT / F-1 and an employer filed a cap-subject H-1B petition on my behalf that does not become effective until October 1?

A. Most likely the student will need to apply for a cap-gap extension I-20. This is based on aregulatory provision which extends an eligible F-1 students status to bridge the gap between the end of F-1 status and start of H-1B status on October 1, 2014.

This provision will allow the student to remain in the US during the “gap” and is available to students who, as of April 1, 2014 were on approved OPT or in their 60-day grace period and have a pending or approved change-of-status October 1, 2014 H-1B petition pending with the USCIS that was filed prior to the expiration of their OPT or 60-day grace period. Click here  to read more.

FAQ: Alternatives to Cap-Subject H-1B Petitions

Unfortunately, many foreign nationals may have to wait until April 1, 2015 for another chance at filing for H-1B status. The following alternatives should be considered for affected employees:

Cap-Exempt H-1B Visa

These include petitions filed primarily for employment at an institution of higher education, a related or affiliated nonprofit entity, nonprofit research organization, or governmental research organization. H-1B visas are also available for beneficiaries filing for amendments, extensions, and certain employment transfers. Continue to read here.

Frequently Asked Questions

Q. As we approach the FY2015 H-1B filing season, I am asked, how does someone on OPT/EAD ending prior to October 1, 2014 bridge the cap of time between the end of their OPT and the beginning of the cap-subject H-1B status?

A. Current regulations allow for eligible F-1 students to have their OPT/EAD status automatically extended to bridge the “cap-gap” between the end of their F-1 and the start of H-1B status. Eligible students must have a timely filed H-1B petition requesting a change of status while the students’ F-1 status is current.   If the student was in valid OPT/EAD, the student is allowed to continue to work while the change of status is pending.  If the student had entered the 60-day grace period when the H-1B petition is filed, the student will receive the cap-gap extension of time but will not be work authorized.   During this cap-gap period, students must update their DSOs of their H-1B filing status.

If USCIS denies, rejects or revokes the H-1B petition filed on behalf of the F-1 student covered by the cap-gap extension, the student will have a grace period (from the USCIS notification date) before he or she is required to depart the U.S.  For additional information, click here