If you have a question on immigration matters, write Ask-visalaw@visalaw.com. We can’t answer every question, but if you ask a short question that can be answered concisely, we’ll consider it for publication. Remember, these questions are only intended to provide general information. You should consult with your own attorney before acting on information you see here.
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1) QUESTION – I would like to ask a question about filling up the green card lottery. If a person is 20 years old, can he send his own application or he has to do it with his parents?
ANSWER – He can send his own application. There is actually no age limit for individuals entering the lottery. However, there is a requirement to be a high school graduate or be working in a job with some experience required. These requirements have the effect of eliminating most applicants under the age of 18.
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2) QUESTION – Is there premium processing option available for filing petition under Labour certification, for hotel industries for accounting job?
ANSWER – Premium processing is only available for certain non-immigrant categories and not for green card applications including green cards filed with labor certifications. You might be speaking of the H-2B visa when you refer to a labor certification, but, unfortunately, premium processing is not available for this particular non-immigrant visa category.
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3) QUESTION – I’m currently on a H1B visa for a Sales Rep job, I’m looking at other employment opportunities and I have a few offers that are 100% commission which is pretty often in a Sales position, will INS allowed me to transfer my H1B or I need a minimuim salary ( even for a sales job)?
ANSWER – You need to have a minimum salary and cannot include commissions in the listed wage unless there is a minimum guarantee.
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4) QUESTION – Would you be able to tell me two things, firstly how many INS bureau’s are there in America, that give out non-immigrant visas? And where are they? And secondly, how do you know which INS office your visa application goes to, is it dependant on where the employer is or where the lawyer is based? I am currently applying for an H1B visa for California, but my lawyer is located in New York, which INS office would my application be sent to?
ANSWER – You can find information on all of the INS field offices across the US at the INS web site at www.ins.gov. As for issuing non-immigrant visas, you should note that only US consulates overseas issue visas (except for certain extension applications filed with the State Department in Washington).
On the INS web site, when you look up the particular form you are using for the application, there is information on where to apply. For applications filed at local offices, go to the web page for the local offices on the INS web page and there is information on each office’s jurisdiction.
In your particular case, since you are working in California and applying for an H-1B, your application will likely be filed at the California Service Center. If your employer is located elsewhere, it might be possible to file at another service center. Your lawyer’s location is irrelevant.
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5) QUESTION – I am currently on H1-B. My new employer has just filed a transfer last week to the INS. The new job begins August 1st. My new employer is going to start processing a green card for me as soon as I start in August (it is a tenure-track faculty position in biological sciences). My question is can we start now by submitting the Labor certification application even before the INS approves the H1-B transfer? I know that I can start work immediately due to the new H1-B portability law.
ANSWER – Absolutely. There is no reason why you cannot begin the labor certification process in advance of your beginning the job. In fact, the Department of Labor has griped over the years that the labor certification process is used almost always for people already on the job when this need not be the case.
Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk. The information provided in this article has not been updated since its original posting and you should not rely on it until you consult counsel to determine if the content is still valid. We keep older articles online because it helps in the understanding of the development of immigration law.