U.S. Citizenship and Immigration
Your Complete Guide, 4th Edition
~ Update ~
July 6, 2005
New Rules for Labor Certification Processing
On March 28, 2005, new procedures for filing labor certifications went into effect.? Though employer?s may still file applications by mail, applications may now be filed online as well.? The new procedure is much faster than the old.? Many applicants will get a decision in just a few months.
For most employment-based immigrant visas, your employer must prove that no qualified U.S. workers want your job. Under the new rules your employer starts by requesting for a Prevailing Wage Determination (PWD) from the your state Department of Labor. The ?prevailing wage? is the usual wage for that position in your geographic area.? If a union agreement covers your job, you don?t need a PWD - the union contract wage is the prevailing wage.? Once your employer knows the PWD, he or she must post the position for ten consecutive business days at your place of employment, file a job order request with your state Department of Labor (notice that the employer is seeking an employee for the job), and advertise the position.? The advertisement must be in two different sundays in a newspaper of general circulation in the area of intended employment.? For professional provisions, the new rules require additional efforts to find a qualified U.S. worker. If no qualified U.S. workers apply, the employer applies electronically, or by mail, to the U.S. Department of Labor (U.S. DOL) for a labor certification - certification that the employer has made a good faith effort to find a U.S. worker.?
Once the U.S. DOL certifies the case, your employer can petition the USCIS to qualify you for permanent residence.
If
the new labor certification process works as quickly as hoped, some employers
with labor certifications pending may want to withdraw a pending case and file
a new application under the new procedures.?
Refiling involves risks.? Speak to
an immigration law expert before refiling.?
You?ll find more information on the labor certification process in U.S.
Citizenship and Immigration - Your Complete Guide, 4th Edition.
New Visa for Australians
Australian professional workers are now eligible for 10,500 new E-3 visas each year.? The visas will be issued under rules similar to those that apply to H-1B1 visas for Chileans and Singaporeans. These visas are not counted in the yearly cap on new H-1B petition approvals.? See U.S. Citizenship and Immigration - Your Complete Guide, 4th Edition, for H-1B1 rules.
CIS Allows V Visa Extensions for Children Beyond Age 21
The U.S Citizenship and Immigration Services (CIS) announced that valid V-2 and V-3
status holders will no longer ?age-out? of V-2 or V-3 status.? The agency will now approve extension of status applications for children of lawful permanent residents who are 21 years old or older with V-2 or V-3 status.?? Established by the Legal Immigration Family Equity Act (LIFE Act) in December 2000, V status allows a spouse or child of a lawful permanent resident to enter or remain in the United States as long as his/her Form I-130 visa petition application or his/her application for permanent residency has been pending for three years or more and was filed on or before December 21, 2000. Previously, the child of an immigrant was only eligible to
hold V-2 or V-3 status in the United States until he/she turned 21 years of age. After that point, the child had ?aged-out? and could no longer retain or extend his/her V status.
Individuals physically present in the United States, who was previously in V-2 or V-3 status and whose application for extension of status was denied solely because he/she was 21 years of age or more, may file an application for extension of status. An alien, physically present in the United States, who was previously in V-2 or V-3 status and who did not apply for extension of status solely because the alien was 21 years of age or more at the time of expiration of his/her V status, may file an application for extension of status. If approved, CIS will grant a period of admission not to exceed two years. The alien can continue to extend V status until he/she becomes a permanent resident or until the law terminates V status. V-2 or V-3 status holders who are physically present in the United States can request an extension by filing an Application to Extend/Change Non-immigrant Status (Form I-539). Form I-539 is available on the CIS website at www.uscis.gov, and at local District USCIS Offices.
The new CIS policy does not change the fact that in order to qualify for the initial V-2 or V-3 status, the applicant must meet the legal definition of ?child.? This definition states that ?child? includes being unmarried and less than 21 years of age. See U.S. Citizenship and Immigration - Your Complete Guide, 4th Edition, for more on V status.
Misspelling in Citizenship Questions
Note that the word "capitol" is misspelled in the list of answers to citizenship questions #83 and #88 in U.S. Citizenship and Immigration - Your Complete Guide, 4th Edition.