Immigration

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Immigration

The purpose of this is to explain to you the procedures in obtaining a Permanent Residence.

Permanent Residence

1. Labor Certification

Once you arrive in the U.S. and begin working for Vector Consulting, Vector may begin its application for your permanent residence. The INS recognizes what is called "dual intent" for the H-1B nonimmigrant visa classification. This means that a foreign national may have immigrant visa petitions filed on their behalf which will not destroy their nonimmigrant intent for purposes of the nonimmigrant H-1B visa.

In practice, this means that the H-1B visa holder may be working in the United States while their employer follows the procedures for obtaining permanent residency on their behalf, including the filing of a labor certification and petitioning the INS for an immigrant visa.

Should permanent residency be obtained prior to the expiration of a foreign national's H-1B visa, he or she may be able to "immigrate" without ever leaving the United States.

Before an employer is eligible to petition the Immigration and Naturalization Service for an immigrant visa on behalf of certain foreign national employees, the employer must obtain certification from the Department of Labor that there are no U.S. workers available, willing, and qualified to fill the permanent position offered, and that employment of the foreign national will not adversely affect the wages and working conditions of similarly employed U.S. workers. The procedure is called a labor certification.

The company or employer who wishes to extend an offer of permanent employment to a foreign national who will immigrate under the second or third employment-based preference, must file an Application for Alien Employment Certification with the Department of Labor. There are two ways the employer may obtain a Labor Certification. The first method is where the employer may list the job opening with the local department of labor (hereafter “DOL”) and have the DOL oversee all recruitment by the employer to determine if there are any eligible U.S. workers who meet the minimum qualifications for the position. If a qualified and available U.S. worker applies for the position then the labor certification application will be denied. The second method is where the employer already has in place a recruitment process and has been unable to fill the position with a U.S. worker. The employ therefore may submit what is often called a “Request for Reduction in Recruitment.” This method allows the employer to bypass the recruitment requirement and directly apply to the U.S. DOL. The employer details its prior recruitment and demonstrates its inability to find U.S. workers to fill the particular position. This method is more expeditious and is routinely used by Vector Consulting, Inc.

A Certifying Officer at the Regional Office of the U.S. Department of Labor makes the final determination on the labor certification application. The Certifying Officer may either certify the application, or issue a Notice of Findings, which sets out the reasons the Certifying Officer intends to deny the Application. The employer is then given a specified amount of time within which to file a rebuttal in response. If the Certifying Officer certifies the application, the employer is eligible to petition the Immigration and Naturalization Service for an Immigrant Visa on behalf of the foreign national.

2. Immigrant Petition

Once your labor certification is approved, Vector files an immigrant worker petition with I.N.S. on your behalf. The approval of the immigrant visa petition on behalf of the foreign worker does not grant permanent residency to the foreign worker. The approval of the immigrant visa petition is the Immigration and Naturalization Service's determination that the foreign national is eligible for the immigrant visa.

Before visa processing can begin, there must be a visa immediately available to you. This means that your "priority date", the date the labor certification was first filed with the DOL, must be current. Each preference category is allotted a certain number of visas per year, and once the allotted number has been used up for the year the remaining applicants who are eligible for the visa, are put on a waiting list. Substantial waiting lists develop for some preference categories, especially for nationals of certain designated countries, including India.

Vector employees qualify under one of two preference categories when applying for permanent residence. The first category is Second Employment-Based Preference. The second employment-based preference includes advanced-degree professionals (professionals holding a degree above that of a baccalaureate or the equivalent, and coming to the United States to fill a position which requires the services of such a professional). The other category is the Third Employment-Based Preference (professionals with bachelor's degrees).

The waiting list for second preference Indians is shorter than for third preference Indians and therefore preference category becomes very significant at this stage of the process.

3. Applying for Permanent Residence

Once the priority date on your approved immigrant visa petition becomes current, you are eligible to apply for your permanent residence visa. In the final step of the process, the foreign worker must actually obtain the immigrant visa. There are two ways to do this, and which one is appropriate depends upon several factors, the most important of which is the location of the foreign national at the time of their eligibility for the immigrant visa.

a. Visa Processing

If you are outside of the United States at the time your priority date becomes current, or if you are in the United States, but are not eligible for adjustment of status, you will make an application to the U.S. consulate closest to your residence abroad, your last residence abroad, or the district of which you are a citizen.

One of the main purposes of the visa processing procedure is to determine whether the foreign national is admissible to the United States. The Immigration and Nationality Act, as well as the Immigration Act of 1990 specify nine broad classes of exclusion grounds, which prohibit foreign nationals from being admitted into the United States. The nine general basis for exclusion are: (1) health-related grounds; (2) criminal and related grounds; (3) security and related grounds; (4) being a public charge; (5) grounds relating to labor certification and qualifications for certain immigrants; (6) grounds relating to illegal entrants and immigration violators; (7) grounds relating to documentation requirements; (8) ineligibility for citizenship; and (9) miscellaneous grounds. Waivers are available for certain grounds of exclusion.

In order to determine whether a foreign national is excludable, the consulate will require many types of documentation, including fingerprints which they will use to obtain an FBI check and a medical exam. Each consulate has their own requirements for visa processing. Every consulate will require an interview to obtain the immigrant visa.

Once the immigrant visa is issued, the foreign national must make an entry into the United States within four months, as the immigrant visa will not be valid for longer than four months. When the foreign national makes an entry into the United States with their immigrant visa, they become a permanent resident, and must merely wait for their alien registration card ("green card") to be processed.

b. Adjustment of Status

Although the usual way to become a permanent resident is to obtain the immigrant visa through the visa processing procedure described above, some foreign nationals will be permitted to immigrate without having to leave the United States. Adjustment of Status is considered a privilege and is therefore discretionary; the Immigration and Naturalization does not have to grant adjustment of status, even if the foreign national meets the requirements.

The basic requirements be eligible for adjustment of status, include the following: (1) the foreign national must not have entered the United States illegally, they must have been admitted to the United States; (2) the foreign national must not have been admitted to the United States under the visa waiver program, as a J-1 exchange visitor subject to the two year foreign residency requirement, in transit, without a visa, through the United States to another country, or as a crew member in the D visa category; (3) the foreign national must not have worked in the United States without proper authorization from the Immigration and Naturalization Service; (3) the foreign national must have maintained valid immigration status throughout their entire stay in the United States; (4) the foreign national must prove that they a are eligible to immigrate in one of the stated preference categories; and (5) there must be an immigrant visa immediately available to the foreign national (they cannot be on a waiting list).

An application for adjustment of status is made to the Service Center Office which has jurisdiction over the place of residence of the foreign national in the United States. The main purpose of the procedure is to determine whether the applicant is admissible to the United States. Fingerprints and medical examination results, among other documents must be submitted. Most Immigration and Naturalization Offices no longer interview applicants of employment-based applications, although the decision to interview is always discretionary.

If the application is approved, the applicant becomes a permanent resident, and must merely wait for their alien registration card ("green card") to be processed.


	Vector Resource Center \| home Our Company \| Vector Resource Center \| Contact Us \| Location \| News and Events \| Immigration \| Compensatiion \| Benefits \| Our Policies \| Master Forms \| Employee Handbook/Benefits Information \| Submit Your Resume Immigration The purpose of this is to explain to you the procedures in obtaining a Permanent Residence. Permanent Residence 1. Labor Certification Once you arrive in the U.S. and begin working for Vector Consulting, Vector may begin its application for your permanent residence. The INS recognizes what is called "dual intent" for the H-1B nonimmigrant visa classification. This means that a foreign national may have immigrant visa petitions filed on their behalf which will not destroy their nonimmigrant intent for purposes of the nonimmigrant H-1B visa. In practice, this means that the H-1B visa holder may be working in the United States while their employer follows the procedures for obtaining permanent residency on their behalf, including the filing of a labor certification and petitioning the INS for an immigrant visa. Should permanent residency be obtained prior to the expiration of a foreign national's H-1B visa, he or she may be able to "immigrate" without ever leaving the United States. Before an employer is eligible to petition the Immigration and Naturalization Service for an immigrant visa on behalf of certain foreign national employees, the employer must obtain certification from the Department of Labor that there are no U.S. workers available, willing, and qualified to fill the permanent position offered, and that employment of the foreign national will not adversely affect the wages and working conditions of similarly employed U.S. workers. The procedure is called a labor certification. The company or employer who wishes to extend an offer of permanent employment to a foreign national who will immigrate under the second or third employment-based preference, must file an Application for Alien Employment Certification with the Department of Labor. There are two ways the employer may obtain a Labor Certification. The first method is where the employer may list the job opening with the local department of labor (hereafter “DOL”) and have the DOL oversee all recruitment by the employer to determine if there are any eligible U.S. workers who meet the minimum qualifications for the position. If a qualified and available U.S. worker applies for the position then the labor certification application will be denied. The second method is where the employer already has in place a recruitment process and has been unable to fill the position with a U.S. worker. The employ therefore may submit what is often called a “Request for Reduction in Recruitment.” This method allows the employer to bypass the recruitment requirement and directly apply to the U.S. DOL. The employer details its prior recruitment and demonstrates its inability to find U.S. workers to fill the particular position. This method is more expeditious and is routinely used by Vector Consulting, Inc. A Certifying Officer at the Regional Office of the U.S. Department of Labor makes the final determination on the labor certification application. The Certifying Officer may either certify the application, or issue a Notice of Findings, which sets out the reasons the Certifying Officer intends to deny the Application. The employer is then given a specified amount of time within which to file a rebuttal in response. If the Certifying Officer certifies the application, the employer is eligible to petition the Immigration and Naturalization Service for an Immigrant Visa on behalf of the foreign national. 2. Immigrant Petition Once your labor certification is approved, Vector files an immigrant worker petition with I.N.S. on your behalf. The approval of the immigrant visa petition on behalf of the foreign worker does not grant permanent residency to the foreign worker. The approval of the immigrant visa petition is the Immigration and Naturalization Service's determination that the foreign national is eligible for the immigrant visa. Before visa processing can begin, there must be a visa immediately available to you. This means that your "priority date", the date the labor certification was first filed with the DOL, must be current. Each preference category is allotted a certain number of visas per year, and once the allotted number has been used up for the year the remaining applicants who are eligible for the visa, are put on a waiting list. Substantial waiting lists develop for some preference categories, especially for nationals of certain designated countries, including India. Vector employees qualify under one of two preference categories when applying for permanent residence. The first category is Second Employment-Based Preference. The second employment-based preference includes advanced-degree professionals (professionals holding a degree above that of a baccalaureate or the equivalent, and coming to the United States to fill a position which requires the services of such a professional). The other category is the Third Employment-Based Preference (professionals with bachelor's degrees). The waiting list for second preference Indians is shorter than for third preference Indians and therefore preference category becomes very significant at this stage of the process. 3. Applying for Permanent Residence Once the priority date on your approved immigrant visa petition becomes current, you are eligible to apply for your permanent residence visa. In the final step of the process, the foreign worker must actually obtain the immigrant visa. There are two ways to do this, and which one is appropriate depends upon several factors, the most important of which is the location of the foreign national at the time of their eligibility for the immigrant visa. a. Visa Processing If you are outside of the United States at the time your priority date becomes current, or if you are in the United States, but are not eligible for adjustment of status, you will make an application to the U.S. consulate closest to your residence abroad, your last residence abroad, or the district of which you are a citizen. One of the main purposes of the visa processing procedure is to determine whether the foreign national is admissible to the United States. The Immigration and Nationality Act, as well as the Immigration Act of 1990 specify nine broad classes of exclusion grounds, which prohibit foreign nationals from being admitted into the United States. The nine general basis for exclusion are: (1) health-related grounds; (2) criminal and related grounds; (3) security and related grounds; (4) being a public charge; (5) grounds relating to labor certification and qualifications for certain immigrants; (6) grounds relating to illegal entrants and immigration violators; (7) grounds relating to documentation requirements; (8) ineligibility for citizenship; and (9) miscellaneous grounds. Waivers are available for certain grounds of exclusion. In order to determine whether a foreign national is excludable, the consulate will require many types of documentation, including fingerprints which they will use to obtain an FBI check and a medical exam. Each consulate has their own requirements for visa processing. Every consulate will require an interview to obtain the immigrant visa. Once the immigrant visa is issued, the foreign national must make an entry into the United States within four months, as the immigrant visa will not be valid for longer than four months. When the foreign national makes an entry into the United States with their immigrant visa, they become a permanent resident, and must merely wait for their alien registration card ("green card") to be processed. b. Adjustment of Status Although the usual way to become a permanent resident is to obtain the immigrant visa through the visa processing procedure described above, some foreign nationals will be permitted to immigrate without having to leave the United States. Adjustment of Status is considered a privilege and is therefore discretionary; the Immigration and Naturalization does not have to grant adjustment of status, even if the foreign national meets the requirements. The basic requirements be eligible for adjustment of status, include the following: (1) the foreign national must not have entered the United States illegally, they must have been admitted to the United States; (2) the foreign national must not have been admitted to the United States under the visa waiver program, as a J-1 exchange visitor subject to the two year foreign residency requirement, in transit, without a visa, through the United States to another country, or as a crew member in the D visa category; (3) the foreign national must not have worked in the United States without proper authorization from the Immigration and Naturalization Service; (3) the foreign national must have maintained valid immigration status throughout their entire stay in the United States; (4) the foreign national must prove that they a are eligible to immigrate in one of the stated preference categories; and (5) there must be an immigrant visa immediately available to the foreign national (they cannot be on a waiting list). An application for adjustment of status is made to the Service Center Office which has jurisdiction over the place of residence of the foreign national in the United States. The main purpose of the procedure is to determine whether the applicant is admissible to the United States. Fingerprints and medical examination results, among other documents must be submitted. Most Immigration and Naturalization Offices no longer interview applicants of employment-based applications, although the decision to interview is always discretionary. If the application is approved, the applicant becomes a permanent resident, and must merely wait for their alien registration card ("green card") to be processed.