Employment Based I-485 Interviews

By | Employer/Employee, Immigration, Immigration Policy, Uncategorized | No Comments

Who will get the interview?

Anyone who filed the I-140 application after March 17, 2017

What is the process?

The Service Center, ie Texas or Nebraska Service Center will send the case to National Benefits Center. The NBC will send the files to the various field offices.
Will the field offices Adjudicate the I-140 ?
According to Citizenship and Immigration Service, the field office will not adjudicate the I-140. But the service center will check for:
• Authenticate documents—ie Actual educational documents, Employer’s taxes, or Beneficiary’s paystub proving “ability to pay.”
• Family member’s relationship to the principal beneficiary, ie spouses will be interviewed for whether it’s a valid marriage—Take Original marriage certificate, birth certificate, joint documents like joint children/mortgage, financial documents
• Eb-1 and NIW will have to take all their original works.
• Take all status documents—–ie original H-1B approvals, and/or Employment Authorization Document cards, Sevis cards, etc.
• Valid Passport and I-94
• Paystubs and W-2—- a letter from the Employer and the Supplement J
• New Medical, if original medical is a year old

Interviewing Officer:

Field Officers adjudicate family petitions. They are used to adjudicating relationships. In our previous appointments with Employment cases, we have found the interviewing officers do not have knowledge of any employment law. I have had to point out the law on several issues. American Immigration Lawyer’s Association concurs. Although Citizenship and Immigration Service is saying that they have “trained” their officers, American Immigration Lawyer’s Association is recommending a lawyer be present, at least for the first few months.

Field officers may not get the concept of “future employment”, and definitely wont be able to define NIW or EB-1.


For More information, contact Banerjee & Associates

Do Immigrants Have to Register with Selective Service?

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Selective Service is an independent branch of the United States government that retains information on all U.S. males who qualify for potential military conscription.  All males between ages 18 & 25 who are either U.S. citizens or non-citizen immigrants must register within 30 days of their 18th birthday.  However, registration with Selective Service is not the same as signing up with the U.S. Armed Services, since Selective Service is not a part of the Department of Defense.

A non-citizen immigrant is one who possesses an immigrant visa with an intent to remain in the United States. Non-citizen immigrants include parolees, undocumented immigrants, legal permanent residents, asylum seekers, and refugees.  As a result, non-citizen immigrants between 18 & 25 years or age who attain an immigrant visa must register with Selective Service within 30 days of arriving in the United States.  Dual nationals are mandated to register with Selective Service because they are, by definition, also U.S. immigrants.

There are allowed exceptions, such as conscientious objectors, medical disabilities, and active military/National Guard/Reserve.  Non-immigrants are not required to register, i.e. B-2, H-1B, F-1 visas.

Government Efficiency Trickles Down to Work Permits and Social Security Cards

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The U.S. Citizenship and Immigration and Services (USCIS) and the Social Security Administration (SSA) have finally agreed to share information, resulting in less paperwork for foreign nationals in certain categories.  In the past, applicants had to apply for an employment authorization document (EAD), informally known as a “work permit”, from USCIS via Form I-765.  Then, applicants had to apply again for a social security number in-person from their local Social Security office.

There are numerous benefits resulting from this change.  Applicants will no longer have to visit their local Social Security office, since USCIS is automatically forwarding I-765 information to the SSA.  Moreover, applicants can save hours by not having to make appointments, fight traffic, and stand in line at the SSA office.  The SSA would also save money due to efficiency gains, as resources formerly devoted to processing in-person appointments could be redirected elsewhere.  Promisingly, applicants should be receiving their SSA cards just 2-3 weeks after receiving their EADs from USCIS.