Update: Temporary Pause on “Keeping Families Together” Program

August 26, 2024: The United States District Court for the Eastern District of Texas issued an administrative stay in the case Texas v. Department of Homeland Security, Case Number 24-cv-306. DHS will not be granting parole in place under the “Keeping Families Together” program for 14 days. Stay tuned for further updates.

“Keeping Families Together” is a Biden program that will give a pathway to citizenship to nearly 500,000 undocumented immigrants who are married to US citizens. The program aims to promote family unity by providing a pathway to citizenship for undocumented immigrants married to US citizens. This program affects these individuals and their families big time and is now on pause for further legal review.

Facts

• The 14 day stay on the “Keeping Families Together” policy may be extended.
• U.S. Citizenship and Immigration Services (USCIS) can still accept applications during this time but approvals are on hold.
• The lawsuit was filed by 16 Republican states.
• The federal judge needs more time to review the legal aspects of the program.
• Eligible individuals can still apply with no penalties but applications will not be processed until the stay is lifted.

What Happens During the Stay?

• DHS will not grant any pending parole in place requests under the “Keeping Families Together” program.
• USCIS will still accept Form I-131F applications for parole in place but approvals are on hold during this time.
• The stay does not affect applications that were approved before the order was issued

Court’s Decision and Lawsuit Background

Judge J. Campbell Barker of the U.S. District Court for the Eastern District of Texas issued a 14 day stay, stopping the processing of applications or granting of parole under the new rule. DHS can still accept applications during this time. This temporary pause is in response to a lawsuit filed by 16 Republican states challenging the program.

The lawsuit challenges the new immigration process aimed at streamlining pathways to lawful permanent residence for noncitizens married to U.S. citizens.

Judge Barker said the temporary pause is to prevent any harm before the court can review the case further. The judge’s decision shows the states have a strong case and the program will have big implications for immigration policy and state resources.

Legal Proceedings and Next Steps

The court has a fast track schedule for the case with deadlines in September and early October. A hearing on preliminary relief and summary judgment will be after October 10, 2024. During this time all parties will present their arguments and the court will decide whether to extend the stay or lift it.

The stay was issued after 16 Republican states filed a lawsuit against the program saying it violates the Administrative Procedure Act and existing federal law. In his order, Judge Barker said the states’ claims are “serious and deserve more time than the court has given so far”. But he made clear this is not a final decision on the merits of the case but a temporary pause to allow for further review. DHS, the defendant in this case, has filed a request to expedite.

President Biden Reacts to Court’s Temporary Ruling

In response to the federal court order temporarily staying the “Parole in Place” program for undocumented spouses and stepchildren of U.S. citizens, President Biden issued a statement condemning the ruling. He stated:

“Last night, a single district court in Texas ruled that our work to keep families together has to stop. That ruling is wrong. These families should not be needlessly separated. They should be able to stay together, and my Administration will not stop fighting for them.”

Here is President Biden’s full response:

It is hopeful that the Biden Harris administration’s commitment to this program will stand strong.

A group of immigrant families has stepped up to defend a new Biden administration program, which is under threat from a lawsuit by 16 Republican-led states. The program, known as Keeping Families Together, provides a legal pathway called “parole in place” for an estimated half a million undocumented spouses of U.S. citizens. This pathway allows them to apply for permanent residency and citizenship without leaving the country, significantly reducing the risk of family separation.

The lawsuit, led by Texas Attorney General Ken Paxton, was filed by Republican states that argue the program is unconstitutional and harmful to the U.S. However, six undocumented immigrants, together with their U.S. citizen spouses, filed a motion to intervene in the lawsuit, seeking to protect the program. They are supported by the Coalition for Humane Immigrant Rights, a nonprofit based in Los Angeles.

One of the immigrants seeking to intervene, Foday Turay, is particularly passionate about the case. Turay, who was brought to the U.S. from Sierra Leone as a child, is now a lawyer working as a prosecutor in Philadelphia. He speaks out about the fear of being torn from his family, despite having lived, worked, and paid taxes in the U.S. for over a decade. Turay and his fellow applicants argue that this program is essential for keeping their families intact.

Applicants to the parole in place program must meet strict criteria: continuous residence in the U.S. for at least 10 years, marriage to a U.S. citizen before June 17, 2024, and a clean criminal record. The program is designed to address the dilemma faced by many undocumented immigrants who are married to U.S. citizens but are afraid to leave the country to legalize their status, as it could result in yearslong or even permanent separation from their families.

Despite its benefits, the program is under fierce attack. The lawsuit, backed by America First Legal, argues that the program violates federal law and exacerbates the immigration crisis. The suit was filed in a Texas federal court known for its conservative judges, both of whom were appointed by former President Trump. The case has been assigned to Judge J. Campbell Barker, who will decide whether the immigrant families can intervene.

If allowed to intervene, these families and their legal representatives will defend the program alongside the federal government, but with a focus on their personal stakes in the matter. Esther Sung, the legal director of Justice Action Center, emphasizes the importance of including the voices of those who would benefit directly from the program, noting that the outcome could significantly impact immigrant communities and even influence the upcoming elections, as many affected families reside in key swing states.

The lawsuit also raises the broader debate over the economic impact of undocumented immigrants on states. Republican attorneys general argue that programs like parole in place impose financial burdens on states by increasing costs in education, healthcare, and other public services. However, advocates like Sung plan to challenge these claims, pointing out that similar arguments were dismissed in a previous case involving a different Biden administration program.

The question of whether undocumented immigrants are a net fiscal benefit or cost remains contentious, with analyses often divided along ideological lines. Yet, as Turay points out, many of the immigrants eligible for parole in place have been contributing to the U.S. economy for years, primarily through paying taxes. The White House estimates that applicants have lived in the U.S. for an average of over 20 years, demonstrating their deep ties to the country.

As this legal battle unfolds, the future of the Keeping Families Together program hangs in the balance, with significant implications for the lives of many immigrant families and the broader immigration debate in the United States.

What is the “Keeping Families Together” Program

The “Keeping Families Together” program is an expansion of the existing “parole in place” (PIP) policy that allows certain undocumented spouses and stepchildren of US citizens to apply for temporary relief from deportation. If approved, these individuals can apply for a marriage based green card without having to leave the US. The program is designed to streamline the immigration process and promote family unity by allowing eligible individuals to apply for a marriage-based green card without leaving the US. The Biden administration estimates 500,000 undocumented spouses and 50,000 stepchildren will benefit from this program.

To qualify, applicants must have been in the US for at least 10 years, be married to a US citizen as of June 17, 2024 and have no disqualifying criminal history or security threats. The application process costs $580 and requires detailed documentation including a personal statement and proof of continuous presence in the country.

Opposition

The lawsuit, led by Texas, says the “Keeping Families Together” program not only violates the Constitution but also makes the existing illegal immigration problem worse. The plaintiffs argue the program will encourage more illegal immigration and put a strain on state resources, citing increased demand for state services and potential wage suppression as the main concerns.

DHS spokesperson Mayra Alejandra said the program is based on long standing legal authority and is in line with American values of keeping families together. She said the program is to allow families of US citizens to live without fear of being separated, something that many people can relate to.

What This Means for Applicants

The temporary restraining order (TRO) means USCIS can accept applications but cannot process or approve them until the stay is lifted. If you are eligible for the program you should prepare and submit your application during this time as there is no prohibition on doing so. If the stay is lifted those who applied during the pause will not be penalized or restricted.

Despite the stay individuals who think they qualify for the PIP program should consult with experienced immigration attorneys to explore their options. They should also go ahead and submit their applications as the program is still open for submissions.

Be informed and seek legal advice to understand how this temporary pause will impact your case. Even with the pause in place, preparing your application now will put you in a better position when the program reopens.

Next Steps

As the lawsuit plays out the “Keeping Families Together” program is still up in the air. But eligible individuals should stay ahead of the curve, gather the necessary documents and submit their applications. Stay informed and prepared and you’ll be able to navigate this changing policy and get a better future for you and your family.

If you are considering applying under the “Keeping Families Together” program contact the Herman Legal Group to help you with the process. Preparing now could mean getting your marriage green card when the program gets back on track.

What is “Keeping Families Together”

August 19, 2024 DHS announced the “Keeping Families Together” program. This is an initiative that allows certain noncitizen spouses and stepchildren of US citizens to apply for parole in place, a discretionary process that allows them to stay in the US temporarily. This is part of President Biden’s overall family unity in the immigration system.

What is Parole in Place?

Parole in place is a discretionary authority exercised by DHS under section 212(d)(5)(A) of the Immigration and Nationality Act (INA). It allows certain noncitizens who are in the US without being formally admitted or paroled to be considered “applicants for admission”. This process allows them to stay in the country for urgent humanitarian reasons or significant public benefit.

If paroled and otherwise eligible they can apply for adjustment of status to lawful permanent resident without leaving the US to process their application through a US consulate abroad. DHS estimates 500,000 noncitizen spouses and 50,000 noncitizen stepchildren of US citizens could benefit from this program. These individuals have been in the US for an average of 23 years.

Under normal circumstances undocumented individuals who entered the US illegally cannot adjust their status to legal permanent resident without leaving the country. Leaving the US triggers the 3 or 10 year bars which can make it very difficult for them to return. The PIP program is designed to bypass this requirement and allow eligible individuals to stay in the US while their applications are processed.

Integrity and Fraud Prevention

USCIS will thoroughly review all evidence submitted with Form I-131F applications to verify the existence of legally valid marriages. This includes training and procedures to identify and prevent fraud to ensure only legitimate marriages are the basis for applications for adjustment of status.

Eligibility

To be eligible for the discretionary grant of parole in place under “Keeping Families Together” you must:

For Noncitizen Spouses of US Citizens:

• Be in the US without admission or parole as a spouse of a US citizen.
• Have been continuously present in the US since at least June 17, 2014.
• Be married to a U.S, citizen as of June 17, 2024.
• Have no disqualifying criminal history or pose no threat to public safety, national security or border security.
• Submit biometrics and undergo required background checks and security vetting.

For Noncitizen Stepchildren of US Citizens:

• Be under 21 years old and unmarried as of June 17, 2024.
• Be in the US without admission or parole.
• Have been continuously physically present in the US since at least June 17, 2024.
• Have a noncitizen parent who entered into a legally valid marriage with a US citizen before your 18th birthday and as of June 17, 2024.
• Go through the public safety vetting and meet the same criminal history and security requirements as spouses.

The applicant must demonstrate eligibility and that the favorable exercise of parole is warranted for urgent humanitarian reasons or significant public benefit. Parole in place does not automatically qualify the applicant for other immigration benefits including lawful permanent resident status.

Apply for Parole in Place

Starting August 19, 2024 eligible noncitizen spouses and stepchildren can apply for parole in place by filing Form I-131F online. There is a filing fee and no fee waivers. Applicants must complete all required fields and submit required documents according to the form instructions.

Important Notes:

• A separate Form I-131F must be filed for each individual seeking parole in place.
• Each applicant must have their own USCIS online account, although a parent or legal guardian can create an account for children under 14 and complete the form on their behalf.

After filing, applicants will need to provide biometrics, including fingerprints, photographs and signature. This information will be used for identity verification, background checks and to determine eligibility.

What Happens After Filing?

If USCIS determines the applicant is eligible and if the federal court lifts the stay, USCIS may grant parole in place on a case by case basis considering factors such as criminal history, existing removal proceedings and national security concerns. If approved, parole is usually granted for 3 years and can be terminated by DHS at any time with notice.

Employment Authorization

If granted parole, applicants can request an Employment Authorization Document (EAD) by filing Form I-765. If you don’t already have a Social Security number you can request one when filing for an EAD.

If Your Application is Denied

If USCIS denies parole in place it will not usually result in a Notice to Appear (NTA) or referral to ICE for enforcement action unless the applicant is deemed a threat to national security, public safety or border security. However, DHS has discretion to take enforcement actions under the INA.

Other Considerations

Address Changes: Applicants must report any address changes to USCIS within 10 days to receive all correspondence related to their case.

Travel Restrictions: A grant of parole in place does not allow the applicant to reenter the US if they leave. Leaving the US will terminate the parole. Even with advance parole there are risks involved in traveling outside the US and applicants should consult with an attorney before making travel plans.

Subsequent Immigration Petitions: A grant of parole in place does not automatically qualify someone for a green card. A qualifying family member must still file Form I-130 or Form I-360 on their behalf and they must meet all other requirements for adjustment of status.

Immigration Scams

Don’t get scammed. Only attorneys licensed in the US or accredited representatives can give you legal advice on immigration matters. Be cautious of websites, individuals or organizations claiming to be affiliated with USCIS. Never pay anyone over the phone or by email, and USCIS will never contact you through personal email.

Final Thoughts

The “Keeping Families Together” program is a big step by the White House towards family unity for noncitizen spouses and stepchildren of US citizens. But with the current legal challenges and stay in place, it’s important to stay informed and prepared. By knowing the process, eligibility and risks you can make smart decisions for your immigration journey.

Call Herman Legal Group for further information. We will give you the latest guidance and help you make the smart decision for you and your family.

By:  Attorney Richard T. Herman

Introduction

On June 18, 2024, President Joe Biden announced a landmark initiative aimed at preserving family unity among mixed-status families in the United States. This initiative aims to protect undocumented immigrants, particularly those who are part of mixed-status families. This initiative includes provisions for undocumented spouses and children of U.S. citizens through a process known as Parole in Place (PIP). This comprehensive article will delve into the specifics of this announcement, its implications, challenges, and the broader context within U.S. immigration policy.

Background and Context

Since assuming office, President Biden has prioritized addressing the broken U.S. immigration system. Despite ongoing partisan deadlock in Congress, the Biden administration has taken significant steps to secure the border and provide more lawful pathways for immigrants. This includes barring migrants crossing unlawfully from seeking asylum, deploying extensive resources to the Southern border, and dismantling human smuggling networks.

The latest initiative, building on previous efforts such as the DACA policy, Affordable Care Act coverage for DACA recipients, and family reunification programs, aims to further integrate long-term undocumented residents into the social and economic fabric of the nation by expanding lawful pathways. This policy is designed to protect undocumented spouses of American citizens from deportation, provide work permits, and offer a path to U.S. citizenship for eligible undocumented immigrants.

Details of the Biden Administration’s Announcement

Key Provisions

1. Parole in Place (PIP) for Family Unity

• The Department of Homeland Security (DHS) will implement a new process to allow noncitizen spouses and children of U.S. citizens to apply for lawful permanent residence without leaving the country.
• Eligibility criteria include having resided in the U.S. for at least 10 years as of June 17, 2024, being legally married to a U.S. citizen, and satisfying all applicable legal requirements. This initiative specifically targets undocumented spouses of U.S. citizens, providing them with a pathway to legal status.
• Those approved will receive a three-year period to apply for permanent residency and will be eligible for work authorization during this period, allowing them to obtain work permits and seek legal permanent status while living and working in the U.S.

2. Impact and Scope

• The initiative is expected to benefit approximately 500,000 noncitizen spouses and 50,000 noncitizen children.
• On average, eligible individuals have resided in the U.S. for 23 years.

3. Employment Visas for College Graduates

• Facilitating work visas for DACA recipients and other Dreamers who have graduated from U.S. institutions and have job offers related to their degrees.
• This action aims to utilize the skills and education of these individuals for the benefit of the U.S. economy.

Application Process and Fees

To participate in this program, eligible noncitizens will need to file a specific form with the United States Citizenship and Immigration Services (USCIS) to apply for legal status, along with supporting documentation. The exact application fee has yet to be determined, and additional details will be provided in an upcoming Federal Register notice.

On June 18, 2024, the White House introduced President Joe Biden’s comprehensive immigration initiative, the “Keep Families Together” plan. This policy aims to address significant gaps in the U.S. immigration system by providing new protections for undocumented spouses and children of U.S. citizens through Parole in Place (PIP) and offering work visa opportunities for DACA holders with college degrees. This article delves into the plan’s details, broader implications, and nuances that aren’t typically covered in mainstream media.

Key Components of the “Keep Families Together” Plan

Parole in Place for Undocumented Family Members

One of the most humane and impactful aspects of the “Keep Families Together” plan is the provision of Parole in Place (PIP) for undocumented spouses and children of U.S. citizens. This policy shift is designed to reduce the fear of deportation and ensure family unity.

1. Understanding Parole in Place: PIP allows certain undocumented family members of U.S. citizens to remain in the United States without fear of deportation. It grants temporary lawful status, enabling them to work legally and apply for permanent residency without leaving the country. This provision, previously available mainly to military families, is now expanded to include all U.S. citizen families under Biden’s plan.
2. Eligibility and Application Process: To qualify for PIP, applicants must be the spouse or child of a U.S. citizen, pass a background check, and demonstrate good moral character. The application process involves submitting documentation proving family relationships, identity, and other relevant details. This aims to be inclusive and straightforward, ensuring families can navigate it with ease.
3. Impact on Families: PIP provides immediate relief from the fear of deportation, allowing families to stay together and build their lives without constant anxiety. It also opens pathways to work and legal residency, giving undocumented family members the chance to contribute fully to society and plan for a stable future.

Work Visa Opportunities for DACA Holders

The Deferred Action for Childhood Arrivals (DACA) program has long been a lifeline for individuals brought to the U.S. as children. Biden’s new plan enhances this by offering specialized work visas for DACA holders with college degrees.

1. Specialized Work Visas: The plan introduces new work visas specifically for DACA recipients who have obtained a college degree. These visas are designed to leverage the skills and education of DACA holders, allowing them to work in their fields of expertise and contribute significantly to the U.S. economy.
2. Path to Citizenship: Beyond work authorization, the plan includes a pathway to citizenship for DACA holders who meet specific criteria, such as continuous residence in the U.S., a clean criminal record, and active community involvement. This pathway provides long-term stability and a sense of belonging for DACA recipients who have known the U.S. as their only home.

Nuances and Unspoken Realities

While the primary elements of the “Keep Families Together” plan are clear, several nuances and unspoken realities deserve closer examination.

Political and Social Implications

Implementing such an ambitious plan comes with political challenges. Immigration remains a deeply polarizing issue in the United States, and Biden’s plan is likely to face significant opposition from those advocating for stricter immigration controls. Balancing the humanitarian aspects of the plan with concerns about border security and illegal immigration will be a delicate task.

Moreover, the success of the plan will depend heavily on collaboration with various stakeholders, including state and local governments, non-governmental organizations, and international partners. Building these partnerships and ensuring alignment with the plan’s goals will be crucial for its effective implementation.

Cultural Shift in Immigration Policy

Biden’s plan represents a fundamental shift in the philosophy underpinning the U.S. immigration system. Moving away from punitive measures towards a more humane and supportive approach could set a new standard for global immigration policies. However, this shift will require significant changes in the culture and operations of immigration agencies, which may face resistance from within.

The focus on digitalization and automation, while promising, also presents challenges. Ensuring that these technologies are implemented effectively and do not inadvertently create new barriers for immigrants will be vital. Additionally, there will need to be safeguards to protect the privacy and security of immigrants’ data.

Legal and Political Challenges for Undocumented Immigrants

Potential Court Challenges

President Biden’s use of executive authority to implement Parole in Place is expected to face legal challenges. Critics may argue that this action exceeds presidential authority and constitutes de facto amnesty. Legal scholars and opponents will likely scrutinize whether the President has the power to unilaterally grant such protections without Congressional approval.

Several key legal arguments are likely to be raised in lawsuits challenging the plan:

1. Separation of Powers: Opponents may argue that the plan oversteps the executive branch’s authority, infringing on powers reserved for Congress. This argument will hinge on the interpretation of the executive branch’s discretion in enforcing immigration laws.
2. Equal Protection: Legal challenges may also focus on whether the plan provides equal protection under the law. This includes potential claims that the plan unfairly benefits certain groups (e.g., DACA holders with college degrees) over others.
3. Due Process: Ensuring that the plan’s implementation does not violate the due process rights of individuals affected by it will be a critical point of contention. This includes ensuring fair and transparent procedures for those seeking relief under the plan.
4. Federal vs. State Authority: The plan’s reliance on state and local cooperation could lead to disputes over the division of authority between federal and state governments. States that oppose the plan may challenge the federal government’s ability to mandate participation in its initiatives.

Historical Precedents

The authority to grant Parole in Place is not novel. Previous administrations, including those of Presidents George W. Bush and Barack Obama, have used similar executive actions to grant PIP to family members of military personnel. This historical precedent may play a crucial role in defending the legality of Biden’s initiative.

Broader Implications and Benefits

Family Stability and Economic Contributions for Mixed Status Families

By allowing noncitizen spouses and children to remain in the U.S., the initiative aims to alleviate the fears and uncertainties faced by mixed-status families. These families often live in constant fear of separation, which can lead to significant emotional and financial hardships. By promoting family unity, the initiative is expected to enhance the well-being of affected families and enable them to contribute more effectively to their communities and the economy.

Workforce Integration through Work Permits

Easing the visa process for high-skilled immigrants, including DACA recipients, will help address labor shortages in various sectors and ensure that the U.S. economy benefits from the talents and skills of individuals educated in American institutions.

Unintended Consequences and Criticisms

Potential for Fraud and Abuse

The initiative includes stringent measures to prevent fraud, including thorough background checks and vetting processes. However, the potential for fraudulent applications remains a concern, and USCIS will need robust enforcement mechanisms to maintain the integrity of the program.

Political Opposition

The announcement has already sparked significant political debate. While many advocates praise the move for its humanitarian and economic benefits, opponents argue that it undermines immigration enforcement and could encourage further illegal immigration. The administration will need to navigate these political challenges while implementing and defending the initiative.

Conclusion

President Biden’s announcement on June 18, 2024, represents a significant step toward reforming the U.S. immigration system by prioritizing family unity and integrating long-term undocumented residents into American society. While the initiative is poised to bring substantial benefits to many families, it also faces considerable legal and political hurdles. As the administration moves forward with these actions, ongoing dialogue and collaboration with Congress and stakeholders will be essential to ensure the program’s success and sustainability.

Contact the Herman Legal Group at 18008084013 for more information.

For more detailed information and to stay updated on the latest developments, visit the official government resources:

• U.S. Citizenship and Immigration Services (USCIS)
• Department of Homeland Security (DHS)

If you are about to apply for an H1B visa as a consultant, then knowing basic information and familiarizing yourself with the application process will help you navigate the waters of the US legal and immigration system much more easily.

Knowing what the H1B visa is and who it is destined for is the first step in aiming at obtaining a positive outcome. It is a non-immigrant visa type, used by U.S based companies or employers that offer specialty occupation vacancies to foreign nationals and wish to bring them to the United States.

However, there are certain employer-employee standards and requirements that must be satisfied in order to qualify for the H1B visa and of course, the job vacancy itself must be listed among the specialty occupations, in this case, consultants are included. Keep reading to find out more details.

H1B visa for Consultant entry requirements

Applying for an H1B visa as a consultant involves several procedures and requirements, which we have listed below. First of all, having a valid consultancy job offer that meets the specialty occupation standards from a U.S based employer who is willing to sponsor your application is the most essential eligibility requirement, as well as having at least a bachelor’s degree in consultancy.

Afterward, your employer will have to file for a Labor Condition Application from the Department of  Labor which will include and state all of their contract terms with you as the employee. Your employer will also have to demonstrate that he did not find any qualified U.S. applicants for the job and that you have the needed skills and expertise to perform the job duties. Then, the U.S. Citizenship & Immigration Services will conduct a random lottery to select the applications that will be going on to processing.

Then, if they select your application, that will allow your employer to move on to the next step by officially filing a petition starting April 1st of that year. Then, if the petition is approved, you can choose one of the following:

• Either wait for your employment start date which is October 1st. Then, your status will be automatically adjusted to H-1B. In this case, this would be the ideal option if you are already in the United States but have a different non-immigrant visa type.
• If you are outside of the U.S. borders, then the next step would be to go to a U.S. consulate or embassy for the purpose of obtaining a visa stamp and entering the country under an H-1B status.

Consultant H1B Sponsorship Data

Average prevailing wages and top employers for Consultant in the U.S

For most of small business consulting firms consultants get paid on average a salary ranging between $65,000 and $70,000. While Senior consultants earn an average salary of $112,000-$120,000. On the other hand, for top hiring firms average salaries for consultants are between $80,000 and $149,500.

However, as of early 2023, H1B visa sponsors such as Deloittensulting, Wipro, The Boston Consulting Group, Genpact, and Sonata Software North America are successively ranked as the top 5 hiring parties applying for Labor Condition Applications. 

Top-hiring Cities for Consultants in the United States

The top-hiring and highest-paying consulting firms in the US are mainly located in New York, San Francisco, and Boston, take a look at the following table for detailed insight.

H1B visa for Consultant Basic Processing Information

Processing time for an H1B visa varies depending on the service center in which it is being processed.

• Regular H1B visa processing; takes from 1 to 6 months. But it also depends on the service center. The California and Nebraska Service Centers usually take 2.5 to 4.5 months for processing H1B visas, The Vermont Service Center takes around 12 to 15 months to do so.
• Premium H1B visa processing; Specifically destined for employers who do not want to wait for a long period of time. With Premium processing, the petition will be processed within 15 days of the submission date.
• Expedited H1B visa processing: Expedited processing requires certain criteria such as the following: 
• In case there is a severe financial loss to the US employer or foreign employee;
• There is an emergency situation;
• For humanitarian reasons;
• The petition is filed from a US Nonprofit Organization that will benefit the cultural and social interests of the US;
• In Case the petition is from a US government entity due to national interest from the US Department of Defense;
• In case there was an error from the USCIS.
• In case the petition is of compelling interest to USCIS.

H1B Visa Fees

Get Help From Herman Legal Group

If you are a consultant and about to apply for an H1B visa in the United States and are looking for legal guidance, contact Herman Legal Group. We are an award-winning immigration law firm, founded in 1995, and experienced in all areas of immigration: family, employment, investor, deportation defense, and citizenship.

Sit down with attorney Richard Herman or one of the lawyers at Herman Legal Group to get experienced immigration help and let them analyze the facts to come up with the best legal strategy for your situation at your convenience.

You can schedule a personal consultation with Attorney Richard Herman by calling 1-216-696-6170, or by booking online.  Consultations can be conducted via Zoom, Skype, Whatsapp, Facetime, phone, or in-office. We are looking forward to helping you! 

H1B visas are non-immigrant visa types used mostly by employers or businesses within the United States who want to bring workers from foreign countries to occupy job vacancies that requires specialized skills and proficiency. 

This includes all specialty occupations performers, among which project managers, they usually require certain conditions such as a high level of education mainly a bachelor’s degree in a field directly related to the job position which is in this case is project management, as well as other criteria that involve the applicants skills and expertise.

Therefore, in order to apply for an H1b visa, project managers must meet the eligibility requirements and the job vacancy itself must fulfill the specialty occupation standards that are imposed by U.S law. Keep reading for more details.

H1B Visa for Project Manager entry Requirements

To be eligible to apply for an H1B visa as a project manager, the minimum educational level acceptable has to be a bachelor’s degree in the field of project management, as well as an employer-employee relationship with a U.S. employer who is filing the petition for your visa.

Which means that in addition to having a valid job offer in a field directly related to project management it must  also meet the specialty occupation standards, which include the following conditions listed below: 

1. The minimum entry level to the H1B visa programs is having a bachelor’s degree, higher, or its equivalent similarly used by other workers hired to fulfill the same job position that you are applying for in the United States.

In this case it is worth knowing that when evaluating a foreign degree, the U.S rules and regulations allow the consideration of the applicant’s experience, by substituting 3 years of progressive and relevant experience in that specific field, in this case project management as an equivalent of one year of college. 

1. Having a valid job offer with a trustworthy employer in the U.S that fully understands his role and duties in bringing you to the United States, including payment of all application fees and providing you with a sustainable wage commonly paid to US workers occupying the same job position as you, meaning the same wage paid in the area of employment. 
2. Your employer must apply for a certified Labor Condition Application (LCA) from the Department of Labor, this certification includes the terms and conditions of their contract with you as a new project management employee. 
3. Your employer has to demonstrate that he did not find any qualified U.S applicants for the job.
4. You must have the needed skills and expertise to perform the job duties.

The above mentioned are some of the requirements that must be fulfilled in order to be eligible and qualify for an H1B visa for project managers. 

Project Manager H1B Sponsorship Data

Average prevailing wages and top employers for Project Manager in the U.S

Project Managers earn on average $94,874 in the United States. While the average additional cash compensation is estimated at $10,270, which makes the average total salary of Project Managers in the United States $105,144. More details are listed below.

Project Manager top-hiring Cities

The field of project management in the United States is subject to an estimated 7% growth between 2021 and 2031, with around 70,400 vacancies for project management in some of the top-hiring and highest paying cities in the US, including New York, San Francisco and Chicago, more details are listed below.

H1B visa for Project Manager Basic Processing Information

H1B visa processing usually approximately takes between six to nine months. California and Nebraska Service Centers take on average between 2.5 to 4 or 6 months, the Vermont Service Center however usually takes much longer to process H1B visas.

You can use your USCIS receipt number that is made up of 13 digits to find out where your application is being processed. You may also pay for premium processing which offers 15 day processing time if you wish to speed up the process.

H1B Visa Fees

H1B visa for project manager fees are paid for by the employer. The U.S law forbids the payment of H1B visa fee by the employee except for the premium processing fees which are optional. More details about the type and cost of each fee are listed below.

Get Help From Herman Legal Group

If you are Thinking about applying for an H1B visa for project manager in the U.S, you will surely need the steady hand of an experienced immigration lawyer to navigate the rough waters of U.S. immigration law.

You can seek out professional counsel help from Herman Legal Group, a U.S. immigration law firm with over 25 years of experience in representing individuals, families and companies in all aspects of immigration law, in all 50 states and around the world.

Keep in mind that a consultation can help uncover the winning strategy and bring peace of mind. Schedule a personal consultation with Attorney Richard Herman by calling 1-216-696-6170, or by booking online.  Consultations can be conducted by Zoom, Skype, through the phone,  whatsapp, facetime, or in-office.

H1B visas for developers are non-immigrant temporary visas destined for foreign nationals, who are eligible to work in vacancies in their related field for US based employers, companies or institutions.

Both the foreign H1B visa applicant and his employer must satisfy the specialty occupations standards. These “standards” imposed by the Immigration and Nationality Act, section 101(a)(15)(H) allow foreign individuals to come to the U.S for the purpose of working under an H1B visa contract, the duration of stay is mainly three years, can be extended to six years afterwards, the applicant may need to reapply in case they want to lengthen their stay.

The minimum entry level for applying to an H1B visa is a bachelor’s degree, among other requirements which we will be stating below. Therefore, if you are a developer who just secured a new job with a U.S based employer and need more insight on everything related to the H1B visa, then you came to the right place! Keep reading for more details.

H1B Visa For Developer Entry Requirements

Like all of the specialty occupations, there are certain requirements that must be satisfied in order to qualify and be eligible for a position as a developer in the U.S through an H1B visa. 

The complex and challenging nature of a developer’s specialization which involve providing upgrades, bug fixes, testing, writing debugging and making other changes to programs and applications with the aim of improving the customer’s experience makes it a specialty occupation for which US based employers may hire foreign nationals and bring them to the United States, of course if other requirements are fulfilled, some of which include the following:

• The applicant has to be a holder of a bachelor’s degree as minimum entry level in a field directly related to developing, that degree should also be common in similar industries among other people who work as developers in the United States.
• The employer should file a labor condition with the Department of Labor. That labor condition will state the details, terms and conditions of  his work contract with the foreign developer.
• You must have the needed skills and expertise to perform the job duties.
• The employer should also demonstrate and prove that there were no qualified U.S applicants for the job.
• Your employer has to pay all the fees and charges of the H1B visa. However, you may pay the premium processing fees. 

These are some of the most pertinent rules and conditions imposed to any H1B visa contract between an employer and a foreign employee, you can find more details at the USCIS H1B eligibility criteria.

Developer H1B Sponsorship Data

H1B visas for Developers have a relatively high approval rate, the highest denial percentage for the last few years has been recorded in 2015 for an estimation of 0.78% denied petitions and 99.22% approved ones. Take a look at the following table for more details:

Average prevailing wages and top employers for Developers in the U.S

The average income for developers in the United States was estimated at $110,140 per year making that $9,178 as a monthly wage. More specifically, the average income for Junior developers is around $69,354 per year for $5,779 each month. On the other hand, the average senior developer salary, on is estimated at $104,188 per year or $8,682 per month.

Developer Top-Hiring Cities

Developer field has witnessed an important growth during the last few years, in both the average salary and job volume and vacancies available within the United States. The areas that pay the highest salaries for developers include San Jose, San Francisco, Seattle, Wenatchee, and Oxnard. More details are shown below:

H1B visa for Developer Basic Processing Information

H1B visa processing time differs from the rest of the visa categories, mainly depending on the circumstances that involve the service center as well as the workload within that service center.

In addition to the fact that it involves multiple different government agencies for processing which may lengthen or shorten the procedures depending on the situation, that includes the Department of Labor (DOL) as well as the US Citizenship and Immigration Services (USCIS).  

The USCIS usually takes between 3 weeks to 11 months to review the eligibility criteria and determined whether the applicant should be granted an H1B visa or not.

However, the service center itself plays a very important role in determining the processing time. While the Vermont Service Center takes a long time to process H1B visas, the California and Nebraska Service Centers on the other hand process H1B visas for an average of 2.5 to 4.5 months.

If the petition is approved, then the H-1B visa will be issued. So preparing your application correctly and providing the necessary documentation since the beginning would be very helpful and will help you gain more time to your advantage.

Therefore it would be a good idea to consult with a specialized immigration attorney before applying.

H1B Visa Fees

Get Help From Herman Legal Group

If you are a developer planning to apply for a job position in the United States through an H1B visa and Need help navigating the complex immigration laws and procedures?  We can help. 

Herman Legal Group, founded in 1995, By Attorney Richard Herman, a national speaker, advocate, and author. He co-authored the acclaimed book, “Immigrant, Inc.” serves clients in all 50 states and Canada, and throughout the world. 

Their team speaks over 12 languages, including  Spanish, Arabic, Chinese, French, Russian, Serbian and Bulgarian. Schedule a consult with one of the experienced immigration lawyers at Herman Legal Group by calling 1-216-696-6170, or by booking online. 

Consultations can be conducted by Zoom, Skype, WhatsApp, Facetime, or In-office. 

A K1 declaration is a letter showing the fiancé visa applicants’ intent to marry within 90 days after arrival in the United States. The intention to marry letter is part of the K1 visa application and is filed with Form I 129F Petition for Alien fiancé.

The letter of intent to marry shows that the couple is in a bonafide relationship resulting in marriage. It is proof that the K1 visa application does not seek to circumvent immigration laws.

Requirements for the K1 Visa

The United States Citizenship and Immigration Services requires the following information as part of the K1 petitioner’s application:

• Proof of an in-person meeting. The foreign citizen and alien fiancé petitioner must have met in person within two years before the date of filing the petition. There are exceptions to this requirement, but we recommend the assistance of an attorney that upholds attorney client relationship.
• Show intent to marry. The sponsoring petitioner and his/her immigrant fiancé must show that they intend to marry within 90 days after K1 classification and successful entry to the United States.
• Demonstrate a bona fide relationship. Due to many cases of immigration fraud, USCIS requires the couple to provide proof of a good-faith relationship.

The USCIS government agency will assess your K1 visa eligibility based on these metrics.

What is the purpose of a K1 declaration?

Marriage immigration fraud has been on the rise for a long time. After all, marriage to a U.S. citizen is the easiest route to expedite a green card application.

Therefore, your immigration application should tell a unique story of your relationship, backed up with evidence.

It’s not hard to find an intention to marry sample letter online. However, most are generic and omit crucial information.

How to write a K1 Declaration, Letter of Intention to Marry Letter?

A K1 declaration forms part of Form I-129F, Petition for Alien Fiancé, when applying for K1 classification.

Your letter of intent will show that:

• You are engaged to be married
• You intend to marry within 90 days of the foreign fiancé’s arrival in the U.S.
• You have the legal ability to get married

The declaration is then attached to Form I-129f and mentioned under “Additional Information.”

Who are the parties in a K1 declaration?

The K1 declaration has two parties:

• The petitioner
• The beneficiary

You should submit a petitioner and a fiancé letter of intent to build a strong case with immigration services.

Include evidence in your K1 visa declaration

You should corroborate your letter of intent. Include evidence that proves that your account is a statement of facts. The evidence is filed with Form I-129F.

You can use the following as evidence (if applicable):

• Receipts showing you booked a wedding venue
• Proof of booking a catering team for your wedding
• Contracts with wedding planners
• Evidence of honeymoon plans

A USCIS officer might not ask for this information, and a K1 declaration is generally enough.

What should I include in my K1 declaration?

A K1 declaration’s primary purpose is to show you have a bonafide relationship with your partner. Ensure that it documents the following:

• Briefly share how you met
• Describe your in-person meetings. Provide the details, dates, and locations.
• Explain the circumstances that led to your relationship
• Pledge that you are legally able and willing to marry within 90 days after entry into the U.S.

Also, it is a legal requirement to have your signature on the declaration form.

How to Fill Your K1 Declaration: Letter of Intent to Marry?

You can fill out your letter of intent to marry in these easy steps:

Step 1: Addresses and the subject

Include your address and the USCIS address where you’ll send the letter of intent.

Also, mention the subject and specify that it is regarding Form I-129F, Petition for alien fiancé.

Step 2: Names of K1 parties and contact information

The letter should show the name of the U.S. citizen petitioner and the beneficiary. Also, include addresses and your current phone number.

Step 3: The Statement of Intent

Next, write the statement pledging to marry within 90 days of K1 classification and arrival in the United States. It should include a “To Whom It May Concern.”

Step 4: Relevant Attachments

Include relevant evidence of your plans to marry to corroborate the statement. Use receipts, contracts, and sample wedding invitations.

Step 5: Conclusion

State your closing remarks. Thank USCIS for their consideration, and invite any further questions about your K1 petition.

Step 6: Sign Off

Append your signature with the day’s date and print name.

Where to send?

For standard mail:

United States Citizenship and Immigration Services
P.O. Box 660151
Dallas, TX 75266

For express mail and courier deliveries

United States Citizenship and Immigration Services
Attn: I-129F
2501 South State Highway 121 Business
Suite 400
Lewisville, TX 75067

Contact Us Today!

Are you looking for an attorney or law firm to help navigate complex immigration laws and procedures? We can help.

Contact the Herman Legal Group,. We are an award-winning immigration law firm founded in 1995 and experienced in all areas of immigration: family, employment, investor, deportation defense, and citizenship.

Schedule a personal consultation with Attorney Richard Herman by calling 1-216-696-6170 or by booking online. Consultations can be conducted by zoom, skype, WhatsApp, facetime, or in-office.

The Herman Legal Group respects your valuable time and resources. We will not conduct a one-hour consultation unless they believe they can provide critical information and hopefully a path to immigration success.

It is not uncommon to find your PERM application being rejected for several reasons, that too without a perm audit. Such a scenario can be exhausting and extremely tough to handle without professional guidance.

In this article, let us try to break down the reasons for perm denial without an audit while understanding how you can file an appeal and save your dream of working in the USA.

First of all, a PERM denial without audit can happen for several different reasons. Some of the most common mistakes that employers make with PERM petitions that can lead to denial are listed below.

Common mistakes that employers make with PERM applications that lead to perm denial without audit:

1. The ETA Form 9089 has mistakes.
2. Employers often don’t check all of the information they submit online while PERM submitting through the DOL’s portal before sending in the form ETA Form 9089. As a result, the form is often sent in with mistakes.
3. This is a problem because the only way to fix these mistakes is to take the application back and start over. As you might guess, this is a very long and annoying roadblock.
4. This also means that you need to make sure that the information on the ETA 9089 matches the information on the Job Order, the Notice of Filing, and all job ads.
5. Information that doesn’t match up sends up red flags for the DOL and could lead to a PERM rejection without even an audit.

ILLUSTRATION

Here’s an example for your understanding

The Employer put in a job order for a legal research specialist who needs two years of experience and a JD degree. This was written down on the ETA 9089.

If the company also posted a job ad in a newspaper saying that the job requires a master’s degree in law and three years of experience, the DOL may reject the PERM right away because the information isn’t consistent. 

• Not obeying the guidelines for advertising. As you probably know, the PERM process has very strict rules about advertising. One of these rules would be that ads have to be in newspapers by a certain date.

Because the steps for getting a job are strict and often hard to understand, you should work with a qualified immigration lawyer as you go through this process. 

• Choosing not to answer the email questionnaire. Another common mistake that can cause your PERM to be turned down is when the employer doesn’t answer the questionnaire sent by the DOL after the ETA Form 9089 is sent electronically. Most of the time, these emails are ignored or thought to be spam.

Note that this questionnaire must be answered within 7 days or the case will be denied. 

• Leaving out the beneficiary’s work history. When your employer fills out the ETA Form 9089 form, PERM regulations require you to include information about your previous employers and supervisors that is relevant to the work you will be doing in the U.S.
• This should also list your job titles, the skills you needed for each job, and the dates you worked there.
• Your employer also can’t leave out the names and phone numbers of all your previous managers or bosses.
•  PERM documents are not kept on file. Keeping copies of the legal documents in the file is one of the most important parts of the immigration process.
• You must have a file with copies of all forms submitted, letters to and from the DOL, and other information related to lawyers.If you don’t do this, your whole case could be in danger if the DOL certifying officer asks you for proof or more information. 

Who Can Take Action Against PERM Denial Without Audit?

If you just got a PERM denial, take heart in the fact that this is not the end of the road. There are other things you can do that could still lead to a PERM approval.

Be aware, though, that any steps you need to take after getting a PERM denial without an audit are best done by a professional with a lot of experience. A PERM immigration lawyer is the best person to talk to about your specific case as a foreign worker.

PERM Application: Alien Labor Certification Appeals

There are many reasons why an employer filed PERM petition is turned down, which we touched on above. After the Department of Labor sends a written PERM denial, the sponsoring employer has 30 days to do one of two things.

1. They can either ask the certifying officer to think about the decision again or ask the BALCA to look into it (Board of Alien Labor Certification Appeals).
2. Request for Review against denied PERM application.

Limitation For Filing Appeal Against Perm Denial

Make sure you understand that you will no longer be able to challenge the denied PERM petition if one of these requests has not been made in writing within 30 days.

Who Can File The Appeal Appeal Against PERM Denial?

Also, keep in mind that the employer files the motion to reconsider or request for review. This is not something a foreigner can do.

In case the employer fails to do so, the appeal will not be accepted. Any attempts made on the behalf of the employee will be turned down.

Who Pays The Fees For The Appeal?

The petitioning employer has to pay for any fees or costs that come with making a motion to reconsider or a request for review since this is part of the regulatory requirements.

Reapplying with the same employer after a PERM denial is not forbidden while a reconsideration or BALCA appeal process is being executed.

If the BALCA appeal is denied, it is the employer’s responsibility to re-submit a PERM application, or your employer can submit a new PERM application.

The certifying officer can either provide the motion for reconsideration and reopen the particular case OR deny the motion to reconsider and treat it as a request for a BALCA review. If the second option is chosen, your case will be sent to the Board of Alien Work Certification Appeals for a review of an appeal.

After the BALCA has heard the appeal, the employer and the DOL can make a statement to back up their reasons for approving the case.

Once the BALCA has received all position statements, it can either agree with the certifying officer’s decision to deny the PERM or decide to go against him or her and give approval.

Appropriate Time For This Process?

Even though the time it takes to process a case varies, you’ll usually know within five or six months of filling out your PERM online if your case is being audited or not. The final decision or the audit letter could also take up to a few weeks to arrive.

If you’ve been chosen for a PERM audit, you can expect that the whole process will take a lot longer. Audits of cases that are chosen at random take an average of six more months after the answer to the audit.

How Can Herman Legal Group LLC Help You?

A consultation with us can bring you peace of mind and together we can cultivate a winning strategy.

Contact the Herman Legal Group, a U.S. immigration law firm with over 26 years of experience in representing individuals, families, and companies in all aspects of immigration law, in all 50 states and around the world.

How To Schedule An Appointment With Herman Legal Group LLC?

Schedule a personal consultation with Attorney Richard Herman by calling 1-216-696-6170, or by booking online. Consultations can be conducted by zoom, skype, WhatsApp, facetime, or in-office.

A small investment in seeking a consult can save thousands of dollars and years of frustration due to taking action without the advice of experienced immigration counsel.

The Herman Legal Group respects your valuable time and resources, and we will not conduct a one-hour consultation unless they believe they can provide critical information and hopefully a path to immigration success.

The Herman Legal Group likely speaks your language.  They speak Spanish, Arabic, Chinese, Russian, and other languages.

What is Program Electronic Review Management Or PERM?

A PERM (Program Electronic Review Management) application for Labor Certification is often the first of three steps that an employer must take in order to sponsor a foreign employee for permanent resident status. It is the first step in an employment-based visa for some foreigners who want to get a Green Card based on their job. It is significantly called PERM Labor Certification. 

As part of the system, the “green card processing” is a three-step process:

Firstly, a U.S. employer who wants to hire a foreign worker full-time and permanently files a PERM application with the U.S. Department of Labor Employment and Training Administration (DOL-ETA) for certification.

Once certified, the U.S. employer files an I-140 Immigrant Petition for Alien Worker with the U.S. Citizenship and Immigration Services (USCIS), an agency of the U.S. Department of Homeland Security.

When the I-140 petition is approved and the foreign worker has a visa number, they file an I-485 Application to Register Permanent Residence or Change Status.

Obtaining the status of “lawful permanent resident,” or “having a green card,” in the United States is conditional on completing each of these three steps.

It is a tough call to make the decision of moving from your home country to a new country, and in such a scenario understanding the nitty-gritty of the PERM process can be a daunting task.

It is no secret that getting a work permit in the USA is one of the most time-consuming ordeals and it is a task best handled by immigration professionals with extensive experience in the field.

In this article, Legal Herman Group has attempted to use their 25 years of experience and break down the meaning and process of PERM regulations in the simplest language for you to start your application TODAY!

Note: It is only the employer who can file the PERM application.

The PERM Application Process For Labor Certification

What are the first steps in getting a PERM work permit? 

In order to meet the requirements of the PERM application, a U.S. employer has to successfully prove that there are no U.S. workers who are able and willing to execute the work offered to a foreign worker and that the hiring of a foreign worker will not negatively influence the earnings and working conditions of similarly employed U.S. workers.

This second stipulation has been construed as requiring the post to be provided at the “prevailing wage” as assessed by the Department of Labor.

Before the PERM application can be filed, the employer must actively look for U.S. workers for at least 30 days for the job being offered to the foreign worker and attest to paying the foreign worker at or above the prevailing wage. This shows that there is a shortage of U.S. workers for the job.

Two advertising in the local Sunday newspaper, a 30-day posting on the state’s Job Order, and postings in three more places, such as an employer’s website or an Internet job posting site and university placement offices, are all essential steps in the recruitment process for a typical professional position (such as engineer, accountant, or software application developer).

There are ten different types of recruiting media available, and the company must pick three to use. Additionally, a PERM application must be posted for 10 consecutive business days at the location of work to notify the employer’s negotiating representatives or employees.

While conducting a search for a foreign worker, the U.S. company must actively seek out any U.S. workers who may be able to fill that post. As a result, any applicants from the United States who have been turned away during the hiring process must be turned away for legitimate employment reasons.

When the PERM Application is Submitted, What Happens? 

An analyst from the Department of Labor will look over the PERM application, and one of these three things will happen during the process of labor certification:  

1. The request will be granted. 
2. There will be an audit of the application. A small number of applications are picked at random to be audited, while a larger number are picked because of something in the application that raised a red flag. 
3. Rarely, an application will be turned down without being checked out. This should only happen when the requirements for hiring have not been met. 

Next, you may want to know what a PERM audit is- 

An audit is when the Department of Labor wants to know more about something on the PERM application or wants to see more proof. Some of the reasons people ask for audits are: 

1. Proof that all required steps in the hiring process have been taken, including proof of all applications received and proper contact with potentially qualified applicants. 
2. Explain why the minimum degree is needed for the job. 
3. Explain why the job requires a certain number of months or years of related work experience or academic knowledge.
4. Explain why the job requires a certain set of specialized skills, knowledge, or training. Explain why the job requires knowledge of a foreign language. 
5. Explain why the job requires domestic or international travel. 

Because audits can happen at any time and the DOL is looking into more and more cases, Herman Legal Group takes all the necessary steps to help avoid audits and be ready for them if we get one. 

Recruitment Reports 

The most common type of audit case for foreign nationals is a request for a recruitment report including all recruitment paperwork and applications, along with an explanation of why each applicant wasn’t chosen.

So, it’s important for the sponsoring employer to show that he or she is making a good faith effort when reviewing resumes and contacting applicants who might be qualified. The employer should also keep detailed records of all communication with applicants. 

After an audit of the perm petition, the DOL may sometimes order supervised recruitment.

What Does Supervisor Recruitment Mean In PERM Audit? 

In some cases, after an employer has sent the DOL paperwork about recruitment in response to a perm case audit, the DOL will tell the employer that the recruitment must be done again, this time under the supervision and approval of the DOL, called “Supervised Recruitment”.

Before job ads can be put up, they must be approved by the Department of Labor. The DOL will also tell you where, when, and how the job ads must be put up. The Department of Labor, not the employer, is also where the applications should be sent. This process is the major part of supervised recruitment.

The sponsoring employer will then have to make a report as part of the immigration process (which is almost exactly the same as the recruitment summary letter made before sending in the PERM application) that shows how it followed the rules for supervised recruitment and fulfilled the requisites that the job position required.

If the employer follows all of the rules and regulations of supervised recruitment, and no qualified applicants apply, the PERM application should be approved by the DOL certifying officer.

Note: Most of the time, supervised recruitment won’t happen unless the certifying officer DOL has a good reason to think there are qualified U.S. workers for the job being applied for or if the employer didn’t advertise the job well enough the first time around. 

PERM Denial After Audit 

If the PERM is turned down at this point, the employer can appeal the decision. This appeal would explain why the employer thinks the PERM application was wrongly turned down. 

PERM Labor Certification 

The certifying officer can then either agree with the argument and approve the application, deny it, or send it to the Board of Alien Labor Certification Appeals (BALCA). Then, BALCA will look at the application and the evidence and make a final, legally binding decision about the case. 

Note that if the certifying officer denies the PERM application after an appeal, the employer can file a “Motion for reconsideration” for a review.

If the final decision on the PERM application is to deny it, the sponsoring employer will have to start a new PERM case for the sponsored employee if they want him or her to keep working with this form of employment authorization.

Alien Labor Certification Appeals

After working hard to submit all the required paperwork and paying the attorney fees that go along with it, a PERM denial without an audit can seem like an unfortunate thing to happen.

Many people who file PERM applications have to deal with this problem. In the next post, we’ll go over the reasons why the submitted PERM application was denied, including your options, what to do next, how to reapply, and more. 

How Can Herman Legal Group LLC Help You?

A consultation with us can bring you peace of mind and together we can cultivate a winning strategy. Contact the Herman Legal Group, a U.S. immigration law firm with over 26 years of experience in representing individuals, families, and companies in all aspects of immigration law, in all 50 states and around the world. 

How to Schedule a Call With Herman Legal Group llc?

Schedule a personal consultation with Attorney Richard Herman by calling 1-216-696-6170, or by booking online. Consultations can be conducted by zoom, skype, WhatsApp, facetime, or in-office. A small investment in seeking a consult can save thousands of dollars and years of frustration due to taking action without the advice of experienced immigration counsel.

The Herman Legal Group respects your valuable time and resources, and we will not conduct a one-hour consultation unless they believe they can provide critical information and hopefully a path to immigration success.

Herman Legal Group LLC will be your support system to file the perm application, handle the perm documents, support perm audits, handle perm denials, follow up through the appeals process, check for requirements of any supporting evidence, etc.

We understand the perm time-sensitive procedure. The Herman Legal Group likely speaks your language.  They speak Spanish, Arabic, Chinese, Russian, and other languages.

The United States Citizenship and Immigration Services (USCIS) has always supported the process of family-based immigrant visas. Furthermore, as for the immediate family members of U.S. citizens, there are no fixed limits, including applications for green cards for parents, spouses, and dependent children.

With a green card for parents and immediate family members of U.S. citizens, they can live and work in the U.S. freely. Further, these family members can pave their path to U.S. citizenship by applying for naturalization.

Can a Green Card Holder Sponsor a Child Over 21?

The United States of America is a dream destination for many people around the globe. People worldwide always search for better opportunities, including higher living standards, an improved healthcare system, and a renowned educational system. Similarly, the United States offers all the possibilities and benefits to immigrants.

Numerous possibilities are available to immigrate to the U.S., . At the same time, the legal pathways are always beneficial and are proved to be favorable for immigrants for their whole life in the United States.

In order to avail all the benefits of U.S. citizens, the foreign nationals must become Lawful Permanent Residents first, obtain a green card, and then can become U.S. citizens.

One of the shortest pathways to becoming a U.S. citizen is to be sponsored for a green card by an immediate relative. The parents, spouse, or children are considered the immediate family members and can sponsor a green card or an immigrant visa. With a green card, the parents can live and work in the states freely.

Immigrating to the U.S. through a Citizen Child

Similarly, under the condition that if a child born in U.S. turns 21 and can sponsor parent for green card persists, then it may become an opportune moment for parents, as their child of 21 years of age or older can invite them to the U.S. as immediate family members.

However, the process of immigrating to the U.S. through a child (U.S. Citizen) may become complex, as certain conditions must be met, or rejection is inevitable.

Furthermore, there are some additional stumbling blocks, as well as the legal procedures for successfully acquiring a green card based on a child who is a citizen of the United States. In addition to it, there are certain conditions for the legal options for parents who are:

• Living in the U.S. Legally
• Living in the U.S. Unlawfully
• Living Abroad

These are different scenarios where the conditions for sponsoring the parents for a green card or an immigrant visa become different. These situations are described below.

Green Card for Parents

Foreign nationals can become Lawful Permanent Residents (LPR) of the U.S. by obtaining a Green Card. According to the immigration law, the green card also makes it possible for non-citizens to live in the U.S. legally.

Additionally, these nationals have the freedom to reside and work anywhere in the nation. Furthermore, after three to five years, those with green cards can file for Naturalization and eventually become citizens of the United States permanently.

Green Card Sponsorship Requirements

Before applying for a family-based green card, the following conditions must be satisfied:

• The applicant for a green card must be a citizen or authorized permanent resident of the United States.
• Must have the financial resources to pay legal fees and cover the costs of any invited immediate family members.
• They must continue to reside in the United States.
• They must be able to show a qualifying link between the applicants and the petitioners themselves.

Furthermore, the important supporting forms and documentation and proof must be submitted when making a green card application.

Sponsoring Parents Lawful U.S Residing In The U.S.

The parents of a U.S. citizen have entered the states under legal status and have been residing there, then they can adjust status to permanent residents U.Shout leaving the U.S.

The process takes around 12 months once the following submissions are made:

• I-130 petition for parents
• U.S. citizenship proof
• Documents supporting the relationship between the person seeking immigration.

Additionally, each parent must file an I-485 application along with these papers to transition from citizen to lawful permanent residence status. A supporting affidavit from each parent must be provided.

Sponsoring Parents Outside The U.S.

Under normal circumstances, if the parents are living outside the U.S. and they have a clear record that does not comprise them under an inadmissible category, then the process is smooth, and they can obtain a green card. However, the parents outside the U.S. cannot adjust status, as the process requires them to be present in the U.S.

Moreover, this process also includes consular processing. During this session, the parents must submit their related documentations and go through a visa interview at the U.S. embassy in their home country.

The petitioner’s immediate relative may also file it if the petitioner’s parents reside overseas. Usually, this process takes 12 to 18 months. Under these circumstances, the following steps must be taken:

• Submitting a form I 130 application.
• Evidence of U.S. citizenship.
• Documentation proving your age, which must be at least 21.
• Proof of your relationship with your parents in writing (birth certificate, medical certificates, etc.)

The National Visa Center (NVC), located in Portsmouth, New Hampshire, receives the applications after the USCIS has given them a few months to be reviewed. After that, the NVC will personally speak with the parents to go through any additional conditions for their immigration visa interviews. These interviews will take place at the U.S. Embassy or Consulate in parent’s home country.

Immigration Possibilities for parents of U.S. Citizens Living in the U.S. Unlawfully

A child born in the United States becomes a U.S. citizen apart from the immigration status of his/her parents. If the parents have stayed in U.S. by a valid visa or illegally, even then, the citizen child retains the citizenship.

The child cannot sponsor the parents until he/she turn 21, since then, the parents cannot become U.S. citizens.

• Perhaps the parents entered the country illegally or on an expired visa, and the child was born there.
• Alternatively, it’s possible that the parents brought the child from abroad, and the child somehow qualified for a green card while the parents did not.

In any of these scenarios, the parents must be aware that they are no longer admissible to the United States if their unauthorized stay lasted at least 180 days.

Immigration Process for parents of U.S. Citizens Staying Legally

The parents of U.S. citizens can quickly adjust their status and become immediate relatives and have the privilege of becoming a Lawful Permanent Resident (LPR). Additionally, it entails completing all the paperwork necessary for the immigrant visa interviews at the local USCIS office or locations.

Inadmissible Parents

The USCIS have established a criteria to decide who is permitted to enter the US. However, some entrants are termed inadmissible to the states if they pose a severe security threat to the country; under those circumstances, the applicants are barred from entering the country. Some of the conditions can include terrorism, drug trafficking, or prostitution, and other criminal convictions.

The major obstacle for a non-citizen parent of a US citizen is their continued illegal presence in the nation.

• Immigrants who entered the US illegally and stayed there for more than 180 days but no longer than a year are inadmissible for three years.
• Immigrants who have lived in the US illegally for more than a year are ineligible for admission for ten years.
• Immigrants previously have faced deportation proceedings.

However, under these circumstances, the citizen child may not be able to sponsor parents for a green card.

Immigration Law For Adjustment of Status for Immigrant Parents of US Citizens’ Children Over 21

According to the USCIS, if the parents are legally residing in the United States and do not have any inadmissibility condition, and their child is 21 years or above. They can adjust their immigration status to permanent residents while being in the country.

FAQS

1. Can I apply for a green card if my child is a U.S. citizen under 21?

Yes, you are eligible to apply for a green card if your child is a U.S. citizen child and you do not fall under the inadmissibility conditions. However, it is better to follow the legal advice of an experienced immigration attorney for better outcomes.

2. At what age can a child sponsor parents for a green card?

The child must be of at least 21 years or above.

Citizenship and Immigration Services by our experienced immigration attorneys

Need help navigating complex immigration laws and procedures? We can help. Our law firm has always strived to provide positive outcomes in most cases. We always keep your sensitive or confidential information private, and it is never shared with anyone outside the firm. You need the steady hand of an experienced immigration attorney to navigate the rough waters of U.S. immigration.

Seek out counsel from the Herman Legal Group, a U.S. immigration law firm always preserving an attorney client relationship with over 25 years of experience in representing individuals, families, and companies in all aspects of immigration law, in all 50 states and around the world.