为什么选择 Zeng Law Group, PLLC?
我所移民团队主管律师-曾晖律师，在移民法领域有丰富经验。曾律师带领我所专业的律师团队，为客户提供权威的法律服务。曾律师连续三年（2017, 2018, 2019）被美国路透社(Thomson Reuters)超级律师杂志 Super Lawyers评为 Rising Star。在美国执业律师中，仅有2.5%左右的律师能获得此荣誉。曾律师也被 Crain's New York 杂志评选为2018 Leading Women Lawyers in NYC （纽约市前100杰出女性律师）。
How to obtain an EB-2/EB-3 employment-based green card? Overview of the 3 major steps. (Click on the heading to find out more!)
As the USCIS raises the standard for the evaluation of the H-1B work visa, a numbered of applicants have experienced frustrations in the process of applications, change of employers, and extending their H-1B visas. The obtainment of a green card is an inevitable key to stability. If you are still fretting over how to apply for an employment-based green card, please click to read more about our explanations on the area of EB-2/EB-3 application! Are you prepared to discuss the option of an employment-based green card with your employer now?
What should my employer know before applying for an EB-2/EB-3 employment-based green card? (Click on the heading to find out more!)
Upon the approval of the H-1B visa, many applicants will start the application for the EB-2/EB-3 employment-based green card for permanent residence in the U.S. At the same time, employment-based immigration is not restricted to applicants who are staying in the U.S., but the eligibility also applies to those who are abroad, by which the employer can submit the EB-2/EB-3 applications on their behalf, and obtain a green card. Before submitting the applications, many employers will have similar questions: “ As an employer working on an employment-based green card for the qualified employees, what do I need to know or pay attention to before the application process?” This article will further explain the important details employers should know for the process, in hopes of helping the applicants in obtaining the green card smoothly.
An overview of the minimum experience requirements for EB-2/EB-3 application (Click on the heading to find out more!)
PERM (Permanent Labor Certification) is defined as proof of specialty-based immigration for foreign nationals. This is a required phase for the majority of applicants applying for employment-based immigration. In the application process of PERM, the position or job responsibility is critically important for the requirement of work experiences. Among the many cases we have worked on, each case differs with beneficiary’s profession and position, nonetheless, the commonality among them all is their myriad of work experiences have influenced the outcomes of their applications. Sometimes, a year of work experience can disqualify other applicants. In the reality of processing through the applications, what are the ways that we can advocate for our rights in obtaining more “work experiences” to raise our competencies?
PERM Labor Certification- what are the recruitment requirements (Click on the heading to find out more!)
In the process of PERM application, recruitment is a very critical step. Based on the rule of DOL (Department of Labor), the employer has to start the recruitment process before submitting the PERM application. This is to ensure the U.S. workers’( American citizens, nationals, lawful residents with permanent residents) opportunities are secured and protected. Therefore, how is the recruitment process defined as mandated by the DOL? What is the requirement for the Labor Certification? Based on these two points, we will help you further understand relevant questions about the application for Labor Certification to ensure success in the first step in completing the PERM application.
What should I do when my PERM is audited? (Click on the heading to find out more!)
As it is widely known, once the PERM application is audited, the employer will have to comply with all the requested documents by the designated time to submit to the DOL, otherwise, the application will be automatically denied. Many applicants would ask, “What is the cause that leads to my PERM audit? How should I respond to it?” This article will target specific situations when the PERM has been selected for an audit to further help you understand the overall procedure of the PERM audit.
Is my employer eligible to apply for the EB-2/EB-3 Green card? How to determine your employer’s ability to pay? (Click on the heading to find out more!)
EB-2/EB-3 employment-based immigration is an important channel among the many immigrations. After the first step of the PERM approval, the USCIS will review key points in the I-140 phase: Is the employer capable of paying the promised prevailing wage to the employee in between the submission of the PERM application and the final approval for the green card. This article will focus and detail on the employer’s capability in paying, proof of the employer’s ability to pay to help the applicants successfully obtain the green card.
Choose the right time to job-hop, EB-2/EB-3 employment-based green card can still be obtained as expected! (Click on the heading to find out more!)
When you apply for the employment-based green card, all the applicants have to go through these 3 major phases. For applicants born in Mainland China, it is an arduous journey starting from the first phase of the DOL application to the final approval of the green card. While waiting for the green card, what if the green card applicant contemplates a job-hop? Would the original date still be deemed effective, or it will lead to delaying the dates of the green card applications? This article will further explain in detail the effects of job-hopping for applicants in different stages of the green card application. We wish you the best of luck in selecting the right time to switch employers, and obtaining the green card in the shortest amount of time.
One step ahead of others when you understand “EB-2 downgrade application”! (Click on the heading to find out more!)
All the applicants have to go through the 3 major phases: PERM, I-140, and I-485. For applicants born in Mainland China, starting on the date when you received your “Priority Date”, there is still going to be a long period and years of waiting until your priority date becomes current, in which you can then submit the application of I-485 for status adjustment. The difference is minimal in the schedules for EB-2 and EB-3, however, the schedule for EB-3 has accelerated over the schedule of EB-2. Therefore, we helped some of our EB-2 applicants to submit a downgrade application to switch from the schedule list of EB-2 to EB-3. This is to leverage the EB-3 schedule advantage in submitting the I-485 status adjustment application to obtain the green card faster.
Applicants bracing for the interviews, with Trump once again elevated the complexity of the matter. (Click on the heading to find out more!)
On August 28th, 2017, based on the executive order 13780, USCIS had issued a new announcement: Starting on October 1st, 2017, USCIS will conduct interviews with selected green card applicants. Please click on the link to read more about the selective interviews.
How to return to the U.S.while traveling abroad during the I-485 review? (Click on the heading to find out more!)
Recently, many of our clients have started the process of applying for marriage-based green card or employment-based immigration (e.g., EB-2 and EB-3). Applicants who have already obtained their H-1B/L-1 status, after submitting the applications for I-485, they would often have questions such as, “After departing the U.S., under what status should I return to the U.S.?”
This article will give you a detailed explanation.
H-1B Extension based on the green card application
For employment-based green card applicants that are born in Mainland China, the long period of waiting has often resulted in failing to obtain the green card in the lawful six years period under the H-1B status. Therefore, many applicants have to apply for an H-1B extension to maintain a legal work status in the U.S. based on their green card application.
For consultation on EB-2/EB-3, please contact us at:
PERM劳工证（Permanent Labor Certification），顾名思义是外国人通过职业技术进行移民的许可证明。它是绝大多数职业类移民申请的必要步骤。
在PERM申请过程中，一个职位对工作经验的要求至关重要。在我们接到的众多案例中，行业、岗位千差万别，但共同点是：申请者不同的工作经验无疑都会对申请产生重大的影响。有的时候，一年的工作经验要求，就能刷掉很多申请人。在实际申请过程中，我们可以通过哪些方式为自己争取尽可能多的 “工作经验” 以提高胜算呢？
在PERM劳工证申请过程中，招聘是十分关键的一步，即雇主必须在提交PERM申请之前，按照劳工部（Department of Labor，DOL）的规定进行招聘活动。此要求是为了确保合格的美国工人（美国公民、国民, 依法获得永久居留权的外国人等）能够获得可能的工作机会。那么，PERM 劳工证规定的招聘活动有哪些？相关的招聘要求又有哪些呢？本文将对上述两点进行分析，从而帮助大家更好了解申请劳工证的相关问题，协助大家顺利完成PERM申请的关键一步。
EB-2/EB-3职业移民是大家移民的重要途径之一。在第一步PERM获批之后，移民局会在I-140阶段重点审查：雇主在递交PERM申请到绿卡批准期间，是否有能力支付承诺给雇员的薪水 (Prevailing Wage) 。 本文将对雇主支付能力的审查标准，雇主如何证明其支付能力进行解析，以帮助广大正在申请绿卡的小伙伴们顺利获得绿卡。