Misunderstanding of Employment-Based Immigration Applications

When contacting with the clients applying for employment-based immigration, it is often found that many people have a misconception. They think that the immigrant visas (PERM, Aliens with Extraordinary Ability, Outstanding Researchers, National Interest Waiver, etc.) must apply after they get their H-1B visas. This is not right. The above immigrant visas and H, L, O, P non-immigrant visas are two different visa categories, and apply through different procedures. Everyone can apply an immigrant visa in anywhere. For example, a prominent Chinese musician can retain an American attorney to apply for Aliens with Extraordinary Ability visa directly in China. After the approval of application and obtaining the visa in the U.S. Consulate General in Guangzhou, he can enter the United States and obtain a green card immediately. Therefore, immigrant visas and non-immigrant visas are not related to some extent. Of course, if people in the United States, they will need to maintain their legal non-immigrant status when submitting employment-based immigrant visa applications and in the waiting period.

Such vague concept delays some aliens immigrant visa applications. After clarifying this concept, the applicants may speed up to submit the immigrant visa applications. It is estimated that the U.S. economy will continue to decline (the unemployment rate has reached or exceeded 10%). U.S. Department of Labor has high pressure on it, and the Permanent Employment Certification applications will be very difficult. However, Investment Visa, Aliens with Extraordinary Ability, Outstanding Professors and Researchers, National Interest Waiver, and Multi-National Executive and Manager immigrant visa applications will not be affected substantially.  Hope those who want to apply for immigrant visas take this opportunity to speed up the submission of immigrant visa applications.

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