EB-2: National Interest Waiver Employment-Based 2nd Preference

Green Cards: Self-Petition

Written by Tiya PLC

1. The National Interest Waiver Employment-Based second preference petitions are green card sponsorships that can be self-petition or through an employer.

2. The National Interest Waiver green card petitions are for foreign nationals who are of exceptional  ability in their field of work and whose work or contributions are of national  interests to the U.S.

3. PERM permanent labor certification is not required for these green card cases.

4. The National Interest Waiver applicants can include their family members in the green card cases.

6. All Rights Reserved. This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.
  For more information, please contact Aik Wan Kok, Immigration Attorney at Tiya PLC, at This e-mail address is being protected from spambots. You need JavaScript enabled to view it m, This e-mail address is being protected from spambots. You need JavaScript enabled to view it m, 703-772-8224 or www.tiyaimmigration.com.  Tiya PLC is a U.S. professional law practice specializing in U.S. immigration law.  Ms. Kok and Tiya PLC provide legal representation to foreign nationals, individuals and their families, employers and companies in all stages and aspects of green card and work visa matters.

5. An applicant with a pending  green card case, who is in the U.S., should still consult with a competent immigration attorney to apply for a non-green card work visa whether or not the U.S. Citizenship and Immigration Services has issued and approved his/her I-765 Application for Employment Authorization (EAD).  

VAWA Victims of Domestic Violence

Green Cards: Self-Petition

Written by Tiya PLC

VAWA Victims of Domestic Violence

1.    VAWA self-petition is for immigrant victims of domestic violence such as a male or female spouse (with legal or intended legal marriage), certain child or certain parent, of a U.S. citizen or lawful permanent resident.

2.    Approved VAWA applicants are eligible for employment authorization and may eventually apply for U.S. permanent residence status or green card.

Read more: VAWA Victims of Domestic Violence

I-140: Immigrant Petition for Alien Worker for Green Card

Green Cards: Employment

Written by Tiya pLC

I-140: Immigrant Petition for Alien Worker for Green Card

1. An applicant with a pending green card case, who is in the U.S., should still consult with a competent immigration attorney to apply for a non-green card work visa even if the U.S. Citizenship and Immigration Services has issued and approved his/her I-765 Application for Employment Authorization (EAD); and has a pending or approved I-140 Immigrant Petition.

2. Choosing the employment-based classification (such as an EB-1, EB-2 or EB-3) is crucial to the processing time for the green card case especially for foreign nationals with certain country of birth (not nationality). Some EB green card cases can take 6 to 9 years go process while other EB green card cases may take 2 or less years to process.

3. Most employment-based (EB) green card cases consist of three stages:

a) Stage 1: PERM

b) Stage 2: I-140 Immigrant Petition for Alien Work.

c) Stage 3: I-485 Applications for Adjustment of Status.

i. During this stage, the green card applicant can seek to apply (recommended) for I-131 advance parole and I-765 employment authorization document (EAD).

Stages 2 and 3 may be filed concurrently or at the same time, depending on criteria.

4. Certain employment-based green card cases do not require PERM permanent labor certification process with the U.S. Department o f Labor, such as certain EB-1 and certain EB-2 cases. If so, the green card case will start from I-140 Immigrant Petition stage. If a PERM is required, the green card applicant must undergo PERM for the approval of the U.S. Department of Labor before applying for I-140 Immigrant Petition and, if applicable, I-485 Adjustment of Status Application.

5. It is normally faster to obtain green card status through employment-based green card cases that do not require the PERM stage because:

a) Without the requirement of PERM, the processing time for PERM stage (which is normally lengthy lasting from several months to several years, depending on the circumstances) is eliminated.

b) The immigrant visa numbers (because EB cases have quotas) are normally more available in EB-1 green card cases, and then EB-2 green card cases.

6. At the I-140 stage, the green card applicant may include the biodata of certain family members who intend to immigrate with the applicant in the green card cases.

7. All Rights Reserved.

This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship. For more information, please contact Aik Wan Kok, Immigration Attorney at Tiya PLC, at This e-mail address is being protected from spambots. You need JavaScript enabled to view it , This e-mail address is being protected from spambots. You need JavaScript enabled to view it , 202-507-9767 (office) or 703-772-8224 or www.tiyaimmigration.com. Tiya PLC is a U.S. professional law practice specializing in U.S. immigration law. Ms. Kok and Tiya PLC provide legal representation to foreign nationals, individuals and their families, employers and companies in all stages and aspects of green card and work visa matters.

Family of Green Card Holder or Applicant

Green Cards: Employment

Written by Tiya PLC

Family of Green Card Holder or Applicant

1. An applicant with a pending green card case, who is in the U.S., should still consult with a competent immigration attorney to apply for or maintain a non-green-card work visa or immigration status even if the U.S. Citizenship and Immigration Services has issued and approved his/her I-765 Application for Employment Authorization (EAD).

Read more: Family of Green Card Holder or Applicant

PERM: Permanent Labor Certification

Green Cards: Employment

Written by Tiya PLC

PERM: Permanent Labor Certification

1. An applicant with a pending green card case, who is in the U.S., should still consult with a competent immigration attorney to apply for a non-green card work visa even if the U.S. Citizenship and Immigration Services has issued and approved his/her I-765 Application for Employment Authorization (EAD).

2. Choosing the employment-based classification (such as an EB-1, EB-2 or EB-3) is crucial to the processing time for the green card case especially for foreign nationals with certain country of birth (not nationality). Some EB green card cases can take 6 to 9 years go process while other EB green card cases may take 2 or less years to process.

3. Most employment-based green card cases consist of three stages:

a) Stage 1: PERM

b) Stage 2: I-140 Immigrant Petition for Alien Work.

c) Stage 3: I-485 Applications for Adjustment of Status.

i. During this stage, the green card applicant can seek to apply (recommended) for I-131 advance parole and I-765 employment authorization document (EAD).

Stages 2 and 3 may be filed concurrently or at the same time, depending on criteria.

4. Some employment-based green card cases do not require PERM, a permanent labor certification by the U.S. Department of Labor. However, most employment-based green card cases do require a PERM.

5. PERM stands for Program Electronic Review Management System.

6. PERM is a process whereby the U.S. Department of Labor (“DOL”) determines that:

a) The employer-sponsor has adequately testes the U.S. labor market to ascertain that there are no qualified, willing, able and available U.S. workers for the green card position;

b) The job requirements of the employer-sponsor are not unduly restrictive or adversed;

c) The offered green card salary meet the DOL prevailing wage criteria;

d) The employment of the foreign national will not adversely affect the wages and conditions of U.S. workers who are similarly employed; and

e) The foreign national meet the job requirements for the green card position in compliance with the criteria promulgated by immigration law.

7. The EB-3 green card applicant may include certain family members as derivative applicants in the green card cases after the PERM stage has been approved by the DOL.

8. All Rights Reserved.

This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship. For more information, please contact Aik Wan Kok, Immigration Attorney at Tiya PLC, at This e-mail address is being protected from spambots. You need JavaScript enabled to view it , This e-mail address is being protected from spambots. You need JavaScript enabled to view it , 202-507-9767 (office) or 703-772-8224 or www.tiyaimmigration.com. Tiya PLC is a U.S. professional law practice specializing in U.S. immigration law. Ms. Kok and Tiya PLC provide legal representation to foreign nationals, individuals and their families, employers and companies in all stages and aspects of green card and work visa matters.

EB-3: Professionals or Skilled Workers Employment-Based 3rd Preference

Green Cards: Employment

Written by Tiya PLC

EB-3: Professionals or Skilled Workers Employment-Based 3^rd Preference

1. An applicant with a pending green card case, who is in the U.S., should still consult with a competent immigration attorney to apply for a non-green card work visa even if the U.S. Citizenship and Immigration Services has issued and approved his/her I-765 Application for Employment Authorization (EAD).

2. Choosing the employment-based classification (such as an EB-1, EB-2 or EB-3) is crucial to the processing time for the green card case especially for foreign nationals with certain country of birth (not nationality). Some EB green card cases can take 6 to 9 years go process while other EB green card cases may take 2 or less years to process.

3. Most employment-based green card cases consist of three stages: 
a) Stage 1: PERM

b) Stage 2: I-140 Immigrant Petition for Alien Work.

c) Stage 3: I-485 Applications for Adjustment of Status.
i. During this stage, the green card applicant can seek to apply (recommended) for I-131 advance parole and I-765 employment authorization document (EAD).
Stages 2 and 3 may be filed concurrently or at the same time, depending on criteria.

4. Some employment-based green card cases do not require PERM, a permanent labor certification by the U.S. Department of Labor. However, most employment-based green card cases do require a PERM.

5. The Professionals or Skilled Worker Employment-Based Third Preference (“EB-3”) petitions are green card sponsorships through their employers. They are for jobs requiring, and foreign nationals who have either:

a) For professional: either U.S. or foreign-equivalent Bachelor’s degrees and who is a member of the profession; or

b) For skilled workers: At least 2 years of relevant work experience or training.

6. PERM permanent labor certification is required for these EB-e green card cases.

7. The EB-3 green card applicant may include certain family members as derivative applicants in the green card cases.

8. All Rights Reserved.

This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship. For more information, please contact Aik Wan Kok, Immigration Attorney at Tiya PLC, at This e-mail address is being protected from spambots. You need JavaScript enabled to view it , This e-mail address is being protected from spambots. You need JavaScript enabled to view it , 202-507-9767 (office) or 703-772-8224 or www.tiyaimmigration.com. Tiya PLC is a U.S. professional law practice specializing in U.S. immigration law. Ms. Kok and Tiya PLC provide legal representation to foreign nationals, individuals and their families, employers and companies in all stages and aspects of green card and work visa matters.

Green Cards:I-765: Employment Authorization During Green Card Process

Green Cards: Family

Written by Tiya Law

1. An applicant with a pending green card case, who is in the U.S., should still consult with a competent immigration attorney to apply for his/her I-765 Application for Employment Authorization (EAD) even though (s)he has a non-green-card work visa.

Read more: Green Cards:I-765: Employment Authorization During Green Card Process

Green Cards:I-131: Advance Parole During Green Card Process

Green Cards: Family

Written by Tiya Law

I-131:  Advance Parole During Green Card Process

1. In general (certain exceptions apply), a green card applicant with pending I-485 green card cases should not travel internationally without an I-131 advance parole to prevent jeopardizing the pending green card case.

2. Depending on the criteria, the green card applicant may also be eligible to file the I-485 Adjustment Application concurrently with the I-130 Immigration Relativce Petition.  The filing of a non-frivolous I-485 case confers the eligibility to the green card applicant to apply for an I-131 advance parole and I-765 employment

Read more: Green Cards:I-131: Advance Parole During Green Card Process

Green Cards:I-485: Adjustment of Status to U.S. Permanent Residence Status for Green Card

Green Cards: Family

Written by Tiya Law

I-485:  Adjustment of Status to U.S. Permanent Residence Status for Green Card

1. An applicant with a pending green card case, who is in the U.S., should still consult with a competent immigration attorney to apply for or maintain a non-green card work visa even if the U.S. Citizenship and Immigration Services has issued and approved his/her I-765 Application for Employment Authorization (EAD).

2. Choosing the family-based classification (such as an FB-1, FB-2 or FB-3) is crucial to the processing time for the green card case especially for foreign nationals with certain country of birth (not nationality).  Some FB green card cases can take more than 25 years to process while other FB green card cases may take 5 or less years to process.

Read more: Green Cards:I-485: Adjustment of Status to U.S. Permanent Residence Status for Green Card

Green Cards: I-130: Immigrant Petition for Alien Relative

Green Cards: Family

Written by Tiya Law

I-130:  Immigrant Petition for Alien Relative

1. An applicant with a pending green card case, who is in the U.S., should still consult with a competent immigration attorney to apply for or maintain a non-green-card work visa or immigration status even if the U.S. Citizenship and Immigration Services has issued and approved his/her I-765 Application for Employment Authorization (EAD).

Read more: Green Cards: I-130: Immigrant Petition for Alien Relative

Green Cards: I-212 Waiver

Green Cards: Family

Written by Tiya Law

I-212 Waiver

1. A foreign national who has a removal order from the United States (“U.S”) and is applying to be in the United States within the proscribed/prohibited period of time bar, may need an I-212 waiver if (s)he is to be allowed to return or remain to the U.S.

Read more: Green Cards: I-212 Waiver

Green Cards: I-601 Extreme Hardship Waiver

Green Cards: Family

Written by Tiya Law

I-601 Extreme Hardship Waiver

1. A foreign national who has been illegally present in the United States (“U.S”) for more than six months or one year, and is applying to be in the United States within the proscribed/prohibited period of time bar, will need an I-601 extreme hardship waiver (“I-601 waiver”) if he/she is to be allowed to return or remain to the U.S.

2. Under certain circumstances, a green card holders or lawful permanent residents (even for those who have lived in the U.S. for most of their lives), may need an I-601 extreme hardship waiver (“I-601 waiver”) if he/she is to be allowed to remain or return to the U.S.

Read more: Green Cards: I-601 Extreme Hardship Waiver

Green Cards: Re-Entry Permit

Green Cards: Family

Written by Tiya Law

Re-Entry Permit

1. Contrary to the popular belief, green card or permanent residence approval in the U.S. does not always confer the eligibility to live and work permanently in the U.S., even  if the green card resident has lived in  the U.S. for most of his/her life. This is because:

a) Green card or permanent residence status can be revoked or abandoned (internationally or inadvertently).

b) Green card holders or permanent residents who have committed certain crime may be deportable.

Read more: Green Cards: Re-Entry Permit

Green Cards: Renew or Replace Green Card

Green Cards: Family

Written by Tiya Law

Renew or Replace Green Card

1. Upon the expiration, damage or loss of the green card, the green card holder or  lawful permanent resident will need to renew or replace the green card because:

a) The green card serves as evidence of his/her lawful permanent residence status, eligibility for unfettered or open-market employment in the U.S.

Read more: Green Cards: Renew or Replace Green Card

Green Card: Removal of Conditions for Conditional Green Card

Green Cards: Family

Written by Tiya Law

Removal of Conditions for Conditional Green Card

1. A conditional green card holder based on marriage to a U.S. citizen spouse will need to apply for removal of the conditional green card status within 90 days before the expiration of the 2-year conditional green card.

Read more: Green Card: Removal of Conditions for Conditional Green Card