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Immigration (USA) FAQ: GC and Citizenship questions and answers (part 6 of 6) |
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Archive-name: us-visa-faq/part6
Last-Modified: 25 January 1998
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
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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 <> indicate questions new to this issue;
those with significant changes of content since the last issue
are marked by <>:
Labor/GC
--------
Q: 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?
A: [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.
Q: How many days/weeks/months does it take to get a Labor Clearance
for GC?
A: [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
Q: What is "Reduction in Recruitment (RIR)?"
A: [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):
Boston
-------
Q. Will you deny any RIR application where there are any special
qualifications required.
A. Yes.
Q. Will it be useful for the employer to document recruitment efforts
beyond this job?
A. Yes. Past one year's history.
Q. Will you permit variations between the job description on labor
certification and the advertisement?
A. No.
Chicago
-------
Q. Will you deny any RIR application where there are any special
qualifications required.
A. Not if they are reasonable.
Q. Will it be useful for the employer to document recruitment efforts
beyond this job?
A. Yes. Past 6 month's history.
Q. Will you permit variations between the job description on labor
certification and the advertisement?
A. Depends upon several variables.
New York
-------
Q. Will you deny any RIR application where there are any special
qualifications required.
A. Strong possibility.
Q. Will it be useful for the employer to document recruitment efforts
beyond this job?
A. Yes. Past 6 month's history.
Q. Will you permit variations between the job description on labor
certification and the advertisement?
A. Not if they are substantial.
Philadelphia
-------------
Q. Will you deny any RIR application where there are any special
qualifications required.
A. No.
Q. Will it be useful for the employer to document recruitment efforts
beyond this job?
A. Yes. Past 6 month's (or more) history.
Q. Will you permit variations between the job description on labor
certification and the advertisement?
A. Yes.
Q: What is "priorty date?"
A: 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.
Q: How do I check the status of a labor certification pending with
the U.S. Department of Labor?
A. [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
Q: How many days/weeks/months does it take to get a I-140 approval ?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
1-4 months for labor certification supported I-140.
Q: How many days/weeks/months does it take to get a I-485
approval?<>
A: [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)
Q: Can netters please provide their experience in adjustment of status
(I-485) interviews)?
A: 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
Q: What is involved in the labor certification?
A: [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.
Q: 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?
A. [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.
Q: What are is the DOL actually looking for when it goes through the labor
certification process?
A. [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.
Q: What are the 'additional' things that I need to address, and take
account of before filing the advertisement and starting the LC process?
A. [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.
Q: Would requiring a BS with 2-3 years of experience change the preference
category of my labor certification process?
A. [From Rajiv S. Khanna, rskhanna@immigration.com]
BS falls in the category EB3 while MS (or BS + 5 Years Exp.) falls in category
EB2.
Q: Does the employer need to show the company's finances?
A: [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.
Q: 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?
A: [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.
Q: 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?
A: [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.
Q: What is the statute of limitation on labor certification?
( Once LC is obtained how long is it valid before applying for
the green card)
A: [From Rajiv S. Khanna, rskhanna@immigration.com]
Under the current law, a labor certification is valid for ever.
Q: Should I apply for GC together with the H-1B, or after I get the H-1B?
A: [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.
Q: 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 ?
A: [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.
Q: Will my spouse qualify for greencard with me even if she is on a
non-dependent visa like F1 ?
A: [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.
Q: 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?
A: [Modified by Rajiv S. Khanna, rskhanna@immigration.com]
You may marry after I-140 and include the spouse on the Form I-485.
Q: Will all the GC wait come to a naught in this case , or can
one wait for it outside the country ?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
You can MOST certainly wait outside the country.
Q: When Labor Certification has been received, is H-1B still the
operating visa, or do you fall under some new status ?
A: [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.
Q: Can one apply for GC through an employer while on H-1 for
another employer?
A: [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.
Q: 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?
A. [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.
Q: 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?
A: [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.
Q: 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 ?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
New labor cert. will be necessary.
Q: 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.
A: [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.
Q: Can an applicant qualify for a GC without going through
Labor Certification?
A: [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.
Q: Is a job offer necessary for the above classifications?
A: [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.
Q: Where can I get details about the rules and regulations pertaining to
the employment based immigration classifications?
A: [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.
Q: 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?
A: [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)
Q: 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?).
A: [From Rajiv S. Khanna, rskhanna@immigration.com]
Dependents can "follow to join" or be in the U.S. when you file
Form I-485.
Q: Another followup, if you are granted an interview, can you postpone
it until your dependents can join you.
A: [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.
Q: 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?
A: [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."
Q: Summary of Green Card Interview in Newark, New Jersey
A: [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.
Q: What is the national interest waiver (NIW)?
A: [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.
Q: How does an individual qualify for the national interest waiver?
A: [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.
Q: What are the conditions that need to be satisfied to be in the
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