New  "Benefits" AVAILABLE FOR OUT OF STATUS PERSONS - LATE LEGALIZATION CASES ALSO will BENEFIT soon - NEW V and K Visas to start soon - see new cable on V and K visa below.... and also click here 

(Please note that is not a general "amnesty"  and should not be confused with  the "amnesty" of the 1980's. This new law offers very limited benefits available under the LIFE Act. This law gives you relief from having to go home to adjust your immigrant visa if you are illegal and more...

Among the changes approved are the following:

2. There is now an opportunity to apply for adjustment for certain late legalization class members (CSS v. Meese, LULAC v. Reno, and INS v. Zambrano) who meet the new measure's qualifications. The Attorney General has until April 21, 2001 to formulate the rule for this to occur. As soon as the rules are formulated applications have one year from that date to file their applications. SEE NOTE UNDER 3

3. There is now protection from deportation and work authorization granted to the spouses and minor children of late legalization applicants. THE ATTORNEY GENERAL HAS UNTIL APRIL 21, 200 TO SAY HOW 2 AND 3 THIS SHOULD BE IMPLEMENTED. THEREAFTER THE BENEFIT WILL BE AVAILABLE FOR ONE YEAR - WE WILL KEEP THIS PAGE UPDATED WITH ANY NEW INFORMATION

5. A new temporary "K" status is now available to spouses of U.S. citizens (and their children) living abroad. The current K visa is available to fiancés of US citizens to come to the US. K visa spouses would get temporary work authorization. THE DETAILS ON 4 and 5 ARE BEING WORKED ON BY INS AND STATE DEPARTMENT. AS OF TODAY WE HAVE NOT BEEN TOLD HOW TO USE THIS PART OF THE LAW  -WE WILL KEEP YOU POSTED - 

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Individuals wishing to file under the new grandfather date also must show that they are physically present in the United States on the day the bill is signed by the President. (The physical presence requirement does not apply to 245(i) filings for individuals with pre-January 14, 1998 priority dates.)

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Legal Immigration and Family Equity Act (LIFE Act)

 REAUTHORIZES SECTION 245(i) UNTIL APRIL 30, 2001

Under the LIFE Act, the “grandfather” clause of Section 245(i) is extended from January 14, 1998 until April 30, 2001. As a result, any beneficiary of an immigrant visa petition or labor certification application filed before April 30, 2001 will be able to apply for adjustment of status under Section 245(i) if necessary.  However, for any applications filed after January 14, 1998 (but before April 30, 2001) the applicant must prove they were physically present in the United States on the date of the enactment of the LIFE Act in order to be eligible for Section 245(i) adjustment of status.

CREATES A NEW TEMPORARY VISA FOR SPOUSES AND MINOR CHILDREN OF LEGAL PERMANENT RESIDENTS AWAITING AN IMMIGRANT VISA

In order to address the severe backlogs on the availability of visas for families, the LIFE Act provides a remedy for the spouses and minor children of legal permanent residents. Under current law, because these individuals are intending immigrants, there is no way for them to legally come to the United States, even for a short visit. By creating a new “V” visa, the law grants some family members a legal status and work authorization in the United States.

• New “V” Visa: Allows the spouses and minor children of lawful permanent residents (the Family 2A category only) who have been waiting more than 3 years for a green card, to enter the United States and be granted work authorization. In order to qualify the spouse or child must meet the following criteria:  

  • A green card petition was filed on or before enactment of the law. The sponsoring permanent resident must already have filed a green card petition for the spouse or minor child with the INS as of the date that the LIFE Act becomes law.  
    
    Must have been waiting at least 3 years. The petition must either have been pending with the INS for three years or more or, if the petition has been approved, the spouse or minor child must have been waiting at least three years for their “turn” in the green card line.  

  Waiver of Grounds of Inadmissibility and Adjustment of Status. The law provides that periods in the United States in unauthorized status will not prevent someone from obtaining a V visa (§212(a)(9)(B) shall not apply).  The law also would allow individuals already in the United States to apply to “adjust status” to the new V category, even if they are in the United States unlawfully (§212(a)(6)(A), (7), and (9)(B) shall not apply). With the reinstatement of Section 245(i), V visa holders will be eligible to adjust their status to legal permanent resident under that section.

CREATES A NEW TEMPORARY STATUS FOR SPOUSES OF U.S. CITIZENS AWAITING AN IMMIGRANT VISA

In order to address the severe backlogs on the processing of petitions for family members, the LIFE Act creates a remedy for the spouses of United States citizens who are outside of the United States and waiting for the approval of an immigrant petition.  Any minor children who are seeking to accompany the spouse are also provided protection.  By expanding the eligibility for a K visa, the new law will allow the spouse of a U.S. citizen to enter the United States and obtain work authorization while waiting for the petition to be approved.

• Expansion of Fiancée Temporary Visa Category. The bill expands the use of the “K” visa, which currently allows fiancées of U.S. citizens to enter the United States for the purposes of getting married, to be used by spouses of U.S. citizens who are already married and are waiting outside of the United States for the approval of their immigrant visa petitions.  Any minor children who are accompanying the spouse can be included in the petition. In order to qualify the spouse and minor children must meet the following criteria:  

  • An immigrant visa petition must be previously filed. The law requires that the U.S. citizen file an immigrant petition before a visa can be issued to the spouse abroad. The K visa will allow the spouse abroad to enter the U.S. and await the approval of the petition.  

  • Recipient of the K visa must be outside of the United States. The law only authorizes the visa to be issued by a consular officer outside of the United States. There is no provision to “adjust status” for someone already in the United States in an unlawful status.  

  • The K visa petition must be filed in the United States. The petition for the K visa must be filed in the United States by the U.S. citizen spouse.  

  • Must have a valid non-immigrant visa at the time that the K visa is issued. Where the marriage to the U.S. citizen occurred outside of the United, the K visa recipient must have a valid non-immigrant visa issue by the consulate where the marriage occurred.  

• Available to current and future applicants. The bill provides that this new K status is available both to individuals with currently pending green card petitions and future applicants.

• Work Authorization. Current law provides that K visa holders are permitted to work in the United States.  This provision would apply to these new K nonimmigrants as well.

ALLOWS FOR THE ADJUSTMENT OF STATUS OF CERTAIN LATE LEGALIZATION CLASS MEMBERS  

Who Is Eligible for Relief:

The LIFE Act makes some modifications to the provisions of the 1986 amnesty (Section 245A of the INA) and provides an opportunity to apply for this relief only to those people who were part of certain class action lawsuits against the INS for their improper handling of the 1986 amnesty program.  To qualify a person must prove that he or she:

• Filed a written claim, before October 1, 2000, for class membership in CSS v. Meese, LULAC v. Reno, or INS v. Zambrano (three of the various class action lawsuits filed against the INS for their improper handling of the 1986 amnesty program).  

• Entered the United States before January 1, 1982 and resided continuously in the United States in an unlawful status through May 4, 1988.  

• Was continuously physically present in the United Sates beginning on November 6, 1986 and ending on May 4, 1988 (brief, casual and innocent absences will not interrupt a finding of continuous physical presence).

• Files an application for adjustment of status with the Attorney General within one year of the date on which the Attorney General issues final regulations to implement the new law.  The Attorney General is required to issue those regulations within 120 days after enactment.

• Has not been convicted of any felony or three or more misdemeanors, has not assisted in the persecution of any person (on account of race, religion, nationality, political opinion or membership in a particular social group), and is registered or registering under the Military Selective Service Act (if required to do so under that Act). 

• Is not inadmissible to the United States as an immigrant.  The Attorney General may (for humanitarian purposes, to assure family unity, or when it is in the public interest) waive any of the grounds of inadmissibility except those relating to criminals, drug offenses, security grounds, and public charge grounds. In addition, the Attorney General may grant a waiver of the grounds of inadmissibility related to aliens seeking admission after previous removal and aliens present after previous immigration violations.

• Is able to pass the naturalization exam (relating to an understanding of basic civics and the ability speak, read, and write ordinary English), or show that they are satisfactorily pursuing a course of study (recognized by the Attorney General) to achieve such an understanding of English and civics.

Relief Granted Under the Law:

• Eligible applicants will apply directly for permanent residence, rather than for temporary resident status.  

• The Attorney General is required to establish a process under which an alien who has become eligible to apply for adjustment of status as a result of the enactment of this law and who is not physically present in the United States may apply for such adjustment from outside of the country.  

• Applicants who submit a prima facie application under this law are entitled to a stay of deportation, work authorization, and permission to travel while their application is pending.  

• The limitation on judicial review under IIRAIRA (Section 377) will not apply to applicants under these modifications and they will be entitled to the same review allowed by the 1986 laws.  

• Newly legalized persons will not be disqualified from receiving certain public welfare assistance. (Under the original Section 245A applicants were disqualified from certain assistance for 5 years after their application was filed).  However, they may still be subject to restrictions bases on the 1996 Welfare Reform Law.  

• The confidentiality provisions of Section 245A (that generally prevent the information submitted on the application from being used for any purposes except criminal prosecution) will apply, except that information submitted by an applicant under the new law may be used in proceedings to rescind an adjustment of status.

GRANTS PROTECTION FROM DEPORTATION AND WORK AUTHORIZATION TO THE SPOUSES AND CHILDREN OF LATE LEGALIZATION APPLICANTS

Consistent with laws passed in 1990 to protect the family of legalization applicants who were already in the United States, the LIFE Act prevents the deportation of the spouses and minor children of a person who is applying for late legalization under the new law. Also consistent with prior laws, these family members are eligible for work authorization

Who Is Eligible for Relief: To be eligible for benefits a person must prove that he or she is:

• The spouse or unmarried child of a person who is eligible for adjustment of status as a result of the late legalization provisions of the LIFE Act.  

• Entered the United States before December 1, 1998 and resided in the United States on that date.  

• Has not been convicted of a felony or three or more misdemeanors in the United States, has not assisted in the persecution of any person (on account of race, religion, nationality, political opinion or membership in a particular social group), or is otherwise not a danger to the community of the United States.

Relief Granted Under the Law:

• Eligible people will be protected from deportation for violations of status in the United States but will continue to be deportable for other grounds of deportation, including criminal activity.  

• Eligible people will be entitled to work authorization in the United States . 

• If the applicant for benefits under the late legalization provisions of the LIFE Act is applying from outside of the United States, the Attorney General is required to establish a process by which eligible spouses and children may be paroled into the United States in order to obtain the benefits under the new law.

PROVIDES CERTAIN WAIVERS AND PROTECTIONS AGAINST DEPORTATION FOR APPLICANTS UNDER NACARA AND HRIFA

Waiver of certain grounds of inadmissibility: In applications for adjustment of status under NACARA and HRIFA, the Attorney General may waive certain grounds of inadmissibility relating to re-entry after a previous order of deportation or removal (§212(a)(9)(A) and (C)). 

Protection from reinstatement of prior orders of deportation or removal: In applications for adjustment of status, for suspension of deportation, or for cancellation of removal as provided by NACARA or HRIFA, the Attorney General is prohibited from reinstating previous orders of removal or deportation in order to prevent those applications from being filed (§241(a)(5) shall not apply).

Availability of Motions to Reopen: NACARA and HRIFA applicants who become eligible to apply for adjustment of status, suspension of deportation, or cancellation of removal as a result of the changes contained in the LIFE Act will be able to file one Motion to Reopen any exclusion, deportation, or removal proceedings in order to apply for an adjustment of status under the Act.  This right to file a Motion to Reopen exists notwithstanding any time and numerical limitations otherwise imposed under the Immigration and Nationality Act  

Employer Information Bulletin 99-25               LIFE Act/245(i) Adjustment (2/01)

Public inquiry: Employer hotline:800-357-2099 Fax:202-305-2523
E-mail office.business.liaison@usdoj.gov
Public info: Fax-on-demand:202-514-2033 Order INS Forms:800-870-3676
Website www.usdoj.gov/ins/

Adjustment of Status

Immigration and Nationality Act (INA) Section 245(a) permits change of an alien's immigration status in the United States (US) from nonimmigrant (temporary) to immigrant (permanent) if the alien was properly admitted or paroled into the US. The term for a change from temporary to permanent status is adjustment of status. The term change of status refers to a change from one temporary classification to another.

For most aliens other than Canadian visitors or visitors with Border Crossing Cards, admission or parole is reflected on the Form I-94 Arrival-Departure Record issued by an INS inspector to every alien who enters the US. INA §245(c) lists classes of aliens who are not eligible to adjust under §245(a), which include aliens who entered the US illegally, have worked in the US without authorization (or with expired authorization), and/or have failed to maintain status following entry.

Aliens who are ineligible for adjustment are not necessarily ineligible to become permanent residents of the US. However, they may not obtain permanent residence while maintaining physical presence in the US. They must leave the US and process their immigrant visas through US consulates abroad. In other words, there are two alternative methods to obtain immigrant status in the US -- through adjustment of status if the alien is already in the US and wants to remain in the US during the processing period or through consular processing if the alien will obtain the immigrant visa at a US consulate.

History of Section 245(i)

In 1994, Congress enacted INA Section 245(i), which permitted aliens who were otherwise ineligible for adjustment to pay a $1000 penalty fee for the convenience of adjusting status without leaving the US. The 245(i) provisions terminated on January 14, 1998. After that date, INS accepted applications only from certain aliens grandfathered under 245(i). Only beneficiaries (the beneficiary is the alien named in the application or petition) of labor certifications or immigrant visa petitions filed by January 14, 1998, were grandfathered.

Section 245(i) grandfathers aliens themselves rather than the applications or petitions filed for them. That is, the basis of a grandfathered alien's eventual adjustment is not restricted to the application or petition filed to preserve adjustment eligibility. The grandfathered alien's application for adjustment of status may be based on any adjustment provision available to the alien at the time of adjustment. Example: A Form ETA-750 filed before January 14, 1998 preserved the beneficiary's eligibility to adjust status after that date. However, the filed ETA-750 did not commit that alien to adjustment on the basis of an employment-based petition. If, after January 14, 1998, the alien was named as beneficiary in a family-based petition or won an immigrant visa in the diversity lottery, he or she was permitted to adjust status on the new basis.

Relationship of 3- and 10-year bars to admissibility on Section 245(i)

The Illegal Immigration and Reform and Immigrant Responsibility Act (IIRIRA) enacted in September 1996 provided that an alien who accumulates between 6 months and 1 year of unlawful presence in the US after April 1, 1997, becomes inadmissible for 3 years if he subsequently leaves the US. Even if an alien who had become subject to a bar were to obtain a visa at a consulate abroad (permission to travel to the US and apply for admission under the classification indicated on the visa), he or she would not be admitted into the US upon arrival. Similarly, an alien who accumulates one year or longer of unlawful presence becomes inadmissible for 10 years.

IIRIRA's bars to admission were critical to the permanent residence process for the following reason. Following the January 1998 expiration of 245(i), it became impossible for an alien to adjust status in the US if he was unlawfully present (e.g. due to overstay past the Form I-94 expiration date or to breach of terms and conditions of status). The same person, however, was also ineligible for consular processing if he had accumulated sufficient unlawful presence for the 3 or 10 year bar to apply (i.e. for duration of the applicable bar).

LIFE Act and 245(i)

The Legal Immigration and Family Equity (LIFE) Act, enacted on December 21, 2000, temporarily revived Section 245(i) by replacing the original eligibility cut-off date of January 14, 1998, with a new date of April 30, 2001. This means that any beneficiary of a labor certification application or immigrant visa petition filed by April 30, 2001, is now eligible to adjust status under INA §245(i) upon payment of the $1,000 surcharge, regardless of the timing or basis of the eventual adjustment. The $1000 penalty fee is payable at the time of adjustment rather than at the time the "grandfathering" petition or application is filed.

LIFE made one significant change to the eligibility requirements, adding a requirement that the alien beneficiary be able to prove "physical presence" in the US on the day of enactment, December 21, 2000. Otherwise, the 245(i) requirements and entitlements are the same as described above. It is uncertain at this time what evidence will be required or accepted to satisfy the physical presence requirement. Note: Some 245(i) applicants grandfathered before January 14, 1998, have still not filed for adjustment, yet remain eligible until their permanent residence petitions are approved and immigrant visas are available. These aliens will not be required to satisfy LIFE's December 21, 2000, physical presence requirement.

Qualifying filings

Labor certifications or petitions filed in order to preserve an alien's adjustment eligibility under 245(i) must be approvable on the date of filing. To meet this test, the filing must be timely and meet all applicable substantive requirements. Deficiencies such as lack of fee or original signature will disqualify the submissions. Any filing that is fraudulent or without basis in law or fact will similarly not qualify.

Petitions which have been denied or withdrawn, or for which approval has been revoked by INS, may still serve to grandfather the alien beneficiary, depending on the reasons for the final action. The determinative issue is whether the visa petition is approvable when filed. To remain eligible, the changed circumstances must relate to factors beyond the alien's control rather than to the merits of the petition at the time of filing.

In the event that an employer applicant for a labor certification or petitioner for employment-based permanent residence dies, goes out of business, or otherwise chooses to withdraw or becomes ineligible to maintain the application or petition, or the family member who filed the petition dies or is divorced from the beneficiary, the alien beneficiary does not lose grandfathered status as long as the qualifying filing was approvable at the time of filing.

What and how to file

Any of the following may be filed by April 30, 2001, to preserve the beneficiary's adjustment eligibility:

Family-based permanent residence: Form I-130 may be filed by a qualifying family member of the alien who is a citizen or permanent resident of the US. This form may be ordered toll-free at 800-870-3676 or downloaded from INS' website at http://www.ins.usdoj.gov/.

Employment-based permanent residence: Form I-140 may be filed by a US employer who has offered the alien beneficiary permanent employment in the US. Most petitions for permanent residence based on a job offer require labor certification in order to be approvable (this refers to the actual certification by US Department of Labor -USDOL-- rather than to mere filing of Form ETA-750). Form I-360 for a religious worker also meets this requirement. These forms may be ordered toll-free at 800-870-3676 or downloaded from INS' website at http://www.ins.usdoj.gov/.
Labor Certification: To obtain labor certification, an employer and a foreign national employee together submit a completed application Form ETA-750 (typically available from state departments of employment services or from the USDOL website at http://workforcesecurity.doleta.gov/foreign/documents.asp) together with documentary evidence to the state DOL. The time required to obtain a labor certification can range from several months to two years, depending on the location of the job (New York, California and Illinois are particularly backlogged). For more information about labor certification, see below.

Confusion of LIFE provisions with "Amnesty"

Many aliens and others mistakenly believe that 245(i) constitutes amnesty, i.e. forgiveness of their unlawful presence or breaches of status. On the contrary, unlawful presence continues to accrue until application for adjustment of status is filed (which will have the effect of placing the alien applicant in lawful status). 245(i) does not protect an alien from deportation. Accordingly, an alien who continues to work without authorization may remain eligible to adjust status if and when permanent residence is approved and an immigrant visa is available, but may be removed from the US if discovered in the meantime. Furthermore, a US employer who files Form ETA-750 or Form I-140, naming an alien without work authorization as beneficiary, will be subject to sanctions if discovered to be knowingly employing that alien before he or she becomes eligible for adjustment. Once application for adjustment is made, the alien becomes eligible for work authorization. This may take many months or years, however, from the time that the qualifying 245(i) application or petition is filed.

Impact on dependents of grandfathered aliens

A dependent spouse or child who is accompanying or following to join a grandfathered alien is also considered grandfathered by the qualifying petition or labor certification if the relationship existed or comes to exist before the principal alien eventually adjusts status. Only the principal beneficiary of a visa petition or application for labor certification filed after January 14 1998, and on or before April 30, 2001, needs to demonstrate physical presence in the US on December 21, 2000.

Family-based: The US citizen or permanent resident relative files INS Form I-130, naming a qualifying relative (such as a spouse) as beneficiary and providing the required proof of the relationship. The form will contain specific instructions for filing. Typically, Form I-130 is filed together with INS Forms I-485 application for adjustment of status, I-864 Affidavit of Support, I-765 for employment authorization and I-131 for advance parole to allow travel outside the US during the adjustment period. This packet of completed forms is filed at the INS field office nearest to the residence of the petitioning relative. Form I-485 is not processed until Form I-130 is approved, which may account for a delay of two or more months until Form I-765 and I-131 processing gets underway. In some offices, family-based beneficiaries are issued employment authorization documents at the field office. In others, I-765 applications are forwarded to the INS Service Center with geographic jurisdiction over the petitioner's place of residence. Service Center processing of I-765 and I-131 applications typically takes at least 90 days. The family-based beneficiary, who actually becomes the applicant for adjustment, work authorization, and advance parole, is not work authorized until the employment authorization document (Form I-688B or Form I-766) is received. When the I-485 application for adjustment is adjudicated, which could take up to two years but varies case by case, the applicant will be called into the INS field office for an interview. A decision will be subsequently communicated to him or her. If the decision is positive, an appointment will be made to have an "I-551 stamp" placed in the alien's passport. The I-551 stamp is meant to establish proof of the alien's permanent residence and unrestricted employment eligibility until the actual Permanent Resident Card (Form I-551) is processed (approximately one year). Aliens approved for permanent residence on the basis of marriage are granted conditional residence for two years, after which another interview takes place for determination of whether the marriage is bona fide. If a positive determination is made, the conditions on permanent residence are removed and the alien obtains unrestricted permanent residence and a Permanent Resident Card valid for ten years.

Employment-based: If the alien beneficiary is a religious worker, Form I-360 is filed. For other types of employees, Form I-140 is filed. Both forms are filed with the INS Service Center with geographic jurisdiction over the place of employment. Both forms contain complete instructions. Form I-360 and Forms I-140 for certain beneficiaries do not require labor certifications (for a complete explanation of the exemptions, ask for Employer Bulletin 99-14). Form I-140 in the cases of most beneficiaries do require labor certification. These Forms I-140 will not qualify under Section 245(i) to preserve the alien beneficiary's eligibility for adjustment unless they are filed with the labor certifications (certified by USDOL - a copy of the application to USDOL is not sufficient). Labor certifications may take two years or longer to process, particularly in backlogged areas such as New York, Illinois, and California). The Form I-140 itself takes up to six months to process, on a case by case basis, depending upon backlogs at the INS Service Center where it is filed as well as the completeness of the petition and supporting documentation. Where deficiencies are found by Service Center adjudicators, requests for evidence (RFEs) are issued and typically result in processing delay. Once Form I-140 is approved, the alien beneficiary becomes eligible to file for adjustment provided that an immigrant visa is available. If an immigrant visa is not available, application for adjustment cannot be filed. Once the I-140 is approved and an immigrant visa is available, Form I-485 application for adjustment may be filed, along with Form I-765 application for employment authorization (for one year at a time for the duration of the adjustment process) and Form I-131 Application for advance parole to permit travel abroad during the adjustment process. Form I-765 applications for employment-based applicants are filed at INS Service Centers and take 90 days or longer to process. The alien does not become employment authorized until the employment authorization document is received.

Labor certification is a statement from the US Department of Labor (USDOL) that a particular position at a particular company is "open" because no US workers who satisfy the minimum requirements for the job are available. An alien seeking to immigrate to the US on the basis of employment must obtain an offer of permanent full-time employment from an employer in the US. Such alien cannot be admitted as a permanent resident unless, among other things, the employer obtains a labor certification from USDOL that qualified US workers are not available for the employment offered to the alien, and that the wages and working conditions offered will not adversely affect those of similarly employed US workers.

The labor certification process requires the employer to recruit US workers at prevailing wages and working conditions through the State Employment Service, by advertising, posting notice of the job opportunity, and other appropriate means. A USDOL regional certifying officer makes a decision to grant or deny the labor certification based on the results of the employer's recruitment efforts and compliance with USDOL regulations. Most employers of unskilled workers, skilled workers, and professional workers need to obtain labor certification before petitioning INS for permanent residence for those workers based on employment. Exceptions exist for aliens in shortage occupations (registered nurses, physical therapists, sheep herders and those demonstrating "exceptional ability" in business, science, or arts), aliens demonstrating to INS that they possess extraordinary ability, aliens who are multinational executives or managers, aliens whose work is deemed in the "national interest," and aliens who are outstanding university and college teachers and researchers in tenure-track jobs. Petitions naming beneficiaries who hold such positions, which are considered unique and therefore do not displace American workers, do not require labor certification.

To obtain labor certification, an employer and a foreign national employee together submit a completed application Form ETA-750 (typically available from state departments of employment services or downloadable from the USDOL website at http://workforcesecurity.doleta.gov/foreign/documents.asp) together with documentary evidence to the state DOL. The state DOL confirms that the wage offered for the position is the "prevailing wage" and informs the employer whether the salary must be increased to satisfy prevailing wage requirements. The state DOL then approves an advertising strategy and sends the application to the local DOL. At the local DOL office, the job is listed as "open" in the state computerized job bank and the employer is instructed to place an ad in a specified journal or newspaper. The ad will ask applicants for the position to apply directly to the local DOL. The local DOL screens applicants and refers seemingly qualified applicants to the employer. The employer must promptly interview all seemingly qualified applicants. The employer must also consider and interview if necessary any other applicants who, through the job bank listing or pure chance, apply for the position. The employer then files a recruitment report with the local DOL explaining why the ad placement was appropriate, who applied for the job (if any), and why any persons who applied were not qualified.

The time required to obtain a labor certification can range from several months to two years, depending on the location of the job (New York, California and Illinois are particularly backlogged).

NEW INFO ON THE V AND K VISA