Permanent Residency

The chart below provides a list of the primary avenues for obtaining U.S. Permanent Residency (“Green Card” status) (also known as “Immigrant Classifications and Visas”). The chart is divided into three main groupings: (1) “General Family-Based Immigration” concerns the general types of family relationships which U.S. immigration law recognizes as providing a right to file a petition for permanent residency of the respective family members, and which is available for all nationalities; (2) “Employment-Based Immigration” concerns the general types of employment relationships, investments, or occupations which U.S. immigration law recognizes as providing a right to file a petition for permanent residency; and (3) “Other Immigrant Channels” concerns various miscellaneous avenues of petitioning for U.S. permanent residency.

The USCIS announced on November 9, 2006, that it is expanding its Premium Processing service to the EB-1 Permanent Resident category beginning November 13, 2006. "Premium Processing Service allows U.S. businesses to pay a $1,000 Premium Processing fee in exchange for 15-calendar-day processing of their case." The USCIS stated:

In Borat! The Movie (full name Borat: Cultural Learnings of America for Make Benefit Glorious Nation of Kazakhstan), Borat Sagdiyev, who claims to be a Kazakhstani journalist, travels to America in order to make a documentary about the United States, at the behest of the Kazakh Ministry of Information. This raises the question: is Borat an illegal alien?

Our office recently received a request for "corporate documents" from the BPC. The petition was for a housekeeper. Is this request sent in error or how do we respond?

According to the Labor Department:

If the application is for a domestic servant in a private household, the employer should provide a recent tax return and/or leases, utility bills, etc. that establish the domestic employer at the address on the application.

The employer has changed names. Do we have to submit a new application or may we change the original application? How should this be done?

According to the Labor Department:

The employer must submit a copy of the employer's articles of incorporation, business license, state registration, or other official documents that establish the employer as a bona fide business entity. In addition, a new ETA 750 Part A and Part B must be provided to continue the permanent foreign labor certification process. If the Form ETA 750 Part A and Part B have been returned for correction, the changes may be made on those existing documents.

Please note that the new employer or entity must be connected to the old one (a successor-in-interest) and cannot be an entirely new employer.

According to the Labor Department:

Please send the appropriate Backlog Processing Center a written request to return the original Form ETA 750 Part A and Part B. Make the appropriate change of address, date and initial the change, and return the Form ETA 750 Part A and Part B to the appropriate Backlog Processing Center. Employers who have already recruited for the position in a labor market are cautioned that a move to a new work location may require a new labor market test.

Please note that changes, additions, or deletions to the application must be initialed and dated by the employer on Part A and by the alien on Part B. It is unacceptable for the attorney representing the employer and/or alien to make amendments to the Form ETA 750.

The message on my Corrections List states that, "Consulate Location is a required entry." The alien is currently in the U.S. and will apply for adjustment here. Why must I enter a consulate location?

According to the Labor Department:

Entries are needed in items 10a or 10b on Form ETA 750, Part B. Please mark the appropriate box with an (X) and enter a complete city and foreign country (10a) or city and state (10b) on the application. Initial and date any corrections made to your application and then return the application to the appropriate Backlog Processing Center.

I am the attorney of record for a permanent foreign labor certification case. Our firm has moved and wishes to notify your office of this change. How do I do this?

According to the Labor Department:

Please send the appropriate Backlog Processing Center a letter that states the change requested and enclose a signed and dated G-28 with the updated information. A separate G-28 should be submitted for each case for which a change is requested. The form must be signed and dated by the employer and/or alien, depending on which party you represent. The attorney may send an individual letter for each case or a combined letter with the change of address and listing all affected cases (include name of employer and alien and the case number, if known).

The message on my Corrections List states, "Basic Rate Per is a required entry." The amount of pay is included on the application. What's the problem?

According to the Labor Department:

Item 12a/b on Form ETA 750 Part A must include both a rate of pay (in dollars and cents) and a period (hourly, daily, weekly, bi-weekly, monthly, or annually). Please correct, initial, and date your application accordingly and return the application to the appropriate Backlog Processing Center.

According to the Labor Department:

The new employer must submit a copy of the employer's articles of incorporation, business license, state registration, or other official documents that establish the employer as a bona fide business entity and establishes the legal buyout or "successor in interest" position. In addition, a new Form ETA 750 Part A and Part B must be provided to continue the permanent foreign labor certification process.

According to the Labor Department:

No queue will automatically get preference. We plan to allocate resources based on the number of cases in each queue. However, we anticipate that the processing time for RIR cases will be shorter that that for TR cases.

How is the 2 track system going to work, that is the RIR and TR streams?

What resources will be allocated to each?

What is the time period for each?

Will the resources be allocated such that the last TR case and RIR case will be adjudicated together at the end of the 24-30 months?

According to the Labor Department:

At this time we are not able to answer questions which are this specific other than to say that it is our goal to treat RIR and TR cases in an equitable manner.

Will the Backlog Processing Centers (BPC) maintain separate tracks for a) traditional filings; b) RIR filings; and c) special handling filings? If not, why not?

According to the Labor Department:

The Centers will maintain separate tracks for traditional filings and RIR filings. At this point, all cases identified as special handling will be forwarded to on-site federal staff for processing. As an enhancement to the operating system, we are investigating how these cases can be electronically expedited.

Case Processing

According to the Labor Department:

Only the employer or attorney of record may make the request. A request from an alien will not be addressed.

According to the Labor Department:

Upon receipt of the requested information, BEC staff will review the documentation provided to determine if it sufficient to continue processing the case.

• If Documentation is Sufficient: The case will be opened, a case file created at the BEC, and the case will proceed as normal and processed according to filing date.
• If Documentation is Not Sufficient: The employer will be informed of this decision by e-mail and instructed that they may file under the new PERM system.

According to the Labor Department:

Decisions about whether sufficient information has been provided about the case to continue processing will be made by BEC staff on a case-by-case basis, based on the information provided and the ability of the BEC to adequately reconstruct the case. Therefore, it is to your advantage to locate and send as much of the above-requested information about your case as possible.

According to the Labor Department:

The BEC will send an e-mail to acknowledge your request. Depending on the volume of inquiries, response time may vary.

Public Disclosure System

According to the Labor Department:

No, simply send the request and appropriate documentation to the BEC as described above.