Question: What are the various types of J-1 categories?

Answer: According to USIA regulations [22 CFR 514.2], participants include, but are not limited to, the following types:

(a) A student, for the purpose of pursuing formal courses, or any combination of courses, research, or teaching, leading to a recognized degree or certificate, in an established school or institution of learning. Upon receipt of a degree or certificate, a student may be granted up to a maximum of 18 months of practical training provided:

(1) The training is needed to round off the academic studies,

(2) The training is not available in the student's home country,

(3) The training is directly related to the academic program, and

(4) The training is authorized in writing by the Responsible Officer other exchange visitor program involved;

(b) A trainee, for the purpose of obtaining on-the-job training with firms, institutions and/or agencies in a specialized field of knowledge or skill for periods not to exceed 18 months;

(c) A teacher, for the purpose of teaching in established primary or secondary schools, or established schools offering specialized instruction;

(d) A professor, for the purpose of teaching or conducting advanced research, or both, in an established institution of higher learning;

(e) A research scholar or specialist, for the purpose of undertaking o participating in research or in demonstrating specialized knowledge or skills;

(f) An international visitor, for the purpose of travel, observation, consultation, research, training, sharing, or demonstrating specialized knowledge or skills, or participating in organized people-to-people programs; or

(g) A professional trainee, for the purpose of pursuing clinical training in the medical and allied fields.

Question: What is NOR?

Answer: "No obligation to return"; also known as a "no-objection" statement. It is issued by the home government, through their consulate. Issued routinely by most European countries

Question: If I get NOR, will I get a waiver?

Answer: No. The NOR is a necessary condition (for this particular form of waiver), but not sufficient. Generally, the determination is up to the USIA. Students can generally forget a waiver unless they fall below the threshold.

Question: Is there a threshold of money which will have a waiver automatically granted?

Answer: No, but if you received less than $2000, you at least have a chance. Fulbright grantees' applications have been known to be rejected even with grants below that, on the argument that the program itself, beyond money expended on behalf of an individual, push each individual above that limit. Above that limit, you can only hope to be from the PRC, or use the other avenues described above.

Question: How long does the whole process take approximately?

Answer: The period between the day you file with the Department of Commerce and the day USIA makes a decision is about 4 months. To this one should add an overhead of 3 months or so during which preparation of the application package: supporting documents, recommendation letters, etc.

Employment Based Immigration Questions

Question: What is RIR?

Answer: RIR is one type of process which speeds up the Labor Certification process considerable. With RIR we are demonstrating to the Department of Labor that the employer has conducted a series of recruitment efforts unsuccessfully and that they have a history of recruiting for positions under the Labor Certification. As of March 28, 2005 the RIR process will be replaced by the PERM process.

Question: Does the employer need to provide the company's finances to file?

Answer: What the employer needs to do is demonstrate that the company is financially stable and can afford to employ you. They may have to show the company's finances to the USCIS. The financial ability to pay you must exist at the time of filing and must continue to exist up until you receive your green card.

Question: Will my spouse qualify for Green Card with me even if she is on a non-dependent visa such as an F1?

Answer: Yes. Dependents qualify for green card irrespective of the type of visa as long as they are on a valid visa in the US (except for J1). If the dependents are on a J1/J2 visa with a two year HRR, they may not adjust status to permanent residence unless 1. They have served the HRR or 2. They have obtained a waiver from the HRR.

Question: What is that National Interest Waiver?

Answer: A National Interest Waiver is the waiver of the Labor Certification and job offer requirement if they can show that their work will be in the national interest of the US.

Question: How do you qualify for a National Interest Waiver?

Answer: To qualify for a National Interest Waiver one must fall within the Second Preference employment based category - a person in the professions who either is considered to have an exceptional ability in the sciences, business, or arts or has an advanced degree.

Question: What conditions need to be satisfied to be in the National Interest?

Answer: There are seven factors that may categorize the national interest of the US. Improving the US Economy, Improving the wages and working conditions of US workers, Improving the education and training programs for US children and under qualified workers, Improving health care, Providing more affordable housing for young and/or older, poorer residents, Improving the environment, Obtaining a request from an interested US Government Agency.

Question: What fields have the best chance of success for obtaining a National Interest Waiver?

Answer: It all is based on the individual case. National Interest Waivers have been issued to various occupations such as artists, environmental scientists, geologists, physicians, civil engineers, etc.

Question: What supporting documentation must be submitted to demonstrate the National Interest?

Answer: Most of the successful petitions are documented by evidence such as a letter from a US Government agency, evidence that the alien's work is funded by a US Government Agency, and/or letters from distinguished scientist/professors in the field attesting to the importance of the research/contributions.

Question: What are the pros/cons of a US Permanent Resident?

Answer: Some of the pros and cons are:

PROS - The ability to leave the country and re-enter at will without the risk of being denied entry, the ability to work in any company located in the US (except for those companies that only hire US citizens), permission to start your own business and create your own corporation, the right to apply for government sponsored financial aid for education, the right to welfare if you're unable to get a job, you may sponsor your spouse and unmarried children for them to obtain permanent resident status, and you receive social security benefits when you retire.

CONS - You can't vote and Permanent residency can be revoked if you get involved in illegal activities (I.E. Drug Use)

Question: What public benefits do I receive as a Permanent Resident?

Answer: As a Permanent resident you can receive

1. Most forms of Medicade

2. Social Security retirement/disability

3. Food Stamps (if you have amnesty as a farm worker)

4. County General assistance

5. Help with housing costs

6. Unemployment Benefits

7. Most federal scholarships and student loans

8. Supplemental Security Income (SSI) if you are 65 or over, blind, or disabled.

Question: What other responsibilities do I have as a Permanent Resident?

Answer: As a Permanent Resident you must be sure to:

1. Pay taxes that you owe

2. Report any address changes to the USCIS within 10 days

3. Have your children who are permanent residents register with the USICS within 10 days of turning 14

Question: Can one become a permanent resident through relatives?

Answer: It is possible for an individual to become a permanent resident through relatives. There are five ways to go about this. You can apply as a/n:

1. Immediate relative - spouses, parents, children (under the age of 21) of a US Citizen (there is not quota and no limit)

2. First Preference - Unmarried sons and daughters of US Citizens

3. Second Preference - spouses and unmarried children of US permanent residents

4. Third Preference - married sons and daughters of US citizens

5. Fourth Preference - brothers and sisters of US citizens.

Question: If I am filing a regular application for the Alien Labor Certification (ROR not RIR) is it necessary for my employer to run any advertisements in order to file?

Answer: Prior to the filing of an ROR case (Regular Processing) it is not necessary for an employer to run any advertisements. When the Department of Labor advises that it is time to run the advertisement, the employer has to run at least on advertisement for usually three consecutive days including one Sunday. The State Workforce Agency (SWA) provides the advertising instructions in detail. Please Note: As of March 28, 2005 DOL will no longer accept ROR or RIR cases. As of March 28, 2005, all labor certification cases must be filed through the PERM process.

Question: My spouse has a Green Card and I am currently on H1B visa and was wondering if it is better for me to obtain my Green card through my company or through my spouse. If my spouse sponsors my Green Card, how long will it take and will there be any complications?

Answer: It is possible, and probably the safest route, to apply for you Green Card through both your company and your spouse, in case there is a problem or delay with either case. The waiting list for spouses of Green Card holders can be up to 6 years or more. Usually, in most cases, applications through one's company would take less time. However, if your spouse receives his/her citizenship, it would be best to apply through them for there is no waiting time for spouses of citizens.