1. The Extraordinary Ability Employment-Based first preference petitions are self-petition green card cases.  Generally, an EB-1 case is one of the best and faster ways to achieve green card immigration status to work and live in the U.S. permanently.

2. The government processing time for an EB-1 green card case is faster than an EB-2 or EB-3 case because of the immigrant visa number availability for green card cases under the EB-1 category.

3. The EB-1 Petitions are for one of persons with extraordinary ability in the field of sciences, arts, education, business or athletics.

4. An EB-1 extraordinary ability petition does not require an actual employer or a specific offer of employment.

5. PERM permanent labor certification is not required for these EB-1 green card cases.

6. The EB-1 applicants can include their family members in the green card cases.All Rights Reserved.

7. 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).

 

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 , 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.

 

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 , This e-mail address is being protected from spambots. You need JavaScript enabled to view it , 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

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...
 

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).

Read more...
 

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...
 

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.

Read more...
 

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

Read more...
 

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...
 

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...
 

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...
 

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...
 

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.

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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.

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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.

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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.

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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...
 

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Testimonial
“Aik Wan's work is very thorough and she pays a tremendous attention to detail ensuring you the best and fastest outcome for your immigration trial. I have used her services twice; once to obtain an H1-B visa and once for my greencard application. Both times she was able to convince the US immigration department to give me my documents way sooner then is average. My greencard case was fully approved in even less then 4 weeks. I can't wait to use her services for my naturalization.”
Paul Hakimpour - 4 Feb 2011

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