USCIS Interim Guidance for Comment

USCIS seeks your input on the interim guidance memoranda listed below.  These memoranda are current guidance of proposed or revised guidance to USCIS Field Offices and Service Centers. These memoranda have been provided to the field offices and service centers as interim guidance. Adjudicators will begin using the current memoranda understanding that the guidance may be revised after the comment period closes. Final guidance will be issued to the Field Offices and Service Centers following review and consideration of the comments from the public.

EB2 or EB3

Question details

I have 7 years of experience with 3year bachelors degree + 2year masters degree from India.Job for which my GC is being filed is Bachelors degree+6yr experience. As per knowledge from different online sources 3year bach. degree+2year masters degree+5years progressive,post-masters exp.- Is considered as EB-2 Professionals with Advanced Degrees.My lawyer is saying since my bachelors(India)is a 3yr program & US bachelors degree is a 4yr program so my case falls under EB3 & not EB2. She also specified that under EB2 category the educational degree must be from a "single source" & not from combination of degrees.

Generally speaking, if BS and MS are in the same or similar fields, you should be able to combine them to arrive at a 4-year degree for EB2 purposes. You should have a shot at EB2.

USCIS Immigrant Integration Initiatives Fact Sheet

Introduction

As part of the Fiscal Year (FY) 2010 Department of Homeland Security Appropriations Act (Public Law 111-83), Congress provided $11 million to enhance U.S. Citizenship and Immigration Services’ (USCIS’s) immigrant integration initiatives. This funding will bolster the Citizenship and Integration Grant Program and support additional initiatives for aspiring citizens, immigrant-serving organizations and citizenship instructors. These initiatives include:

Self Employed while on EAD

Question details

I am employed with H1-B and EAD. My wife has EAD through my petition. She is looking into working as an Independent Consultant (Self Employed). Is she allowed to be IC under EAD?

I see no issues at all with the derivative beneficiary being self-employed on EAD.

H-4 visa and age

Question details

I am currently on H-4 (my visa expires 31st sept, 2010). I am 23 yrs old. I understand that the laws states that over 21 you are no longer on H4 visa. But in my case the immigration has issued me the visa for the date mentioned above. How do I go about ?

The general rule is - we should not try to take advantage of an error made by the govt.

With I-485 pending can I be an investor ?

Question details

My 485 is pending and I am on advance parole and EAD, my employment based GC priority date date was June 2006. I want to be an investor in my friends start up company. I wont be leaving my current job but only investing in it. Should that be an issue If I dont have my GC?

I see no problem with it, especially, if you are a passive investor who takes no action to manage or conduct the business of the entity invested in.

DOL Posted H-2A FAQs Round 2

The Department has posted the second round of Frequently Asked Questions (FAQs) interpreting the 2010 Final Rule which became effective on March 15, 2010. The FAQs address questions posed by the regulated community and cover a range of topics including: pre and post-filing requirements, job offers, assurances and obligations, time frames, recruitment, etc. To view the Round 2 H-2A FAQs, please check attachment.