2. The government processing time for an EB-1 green card case is faster than an EB-2 or EB-3 case because of the immigrant visa number availability for green card cases under the EB-1 category.

3. The EB-1 Petitions are for one of persons with extraordinary ability in the field of sciences, arts, education, business or athletics.

4. An EB-1 extraordinary ability petition does not require an actual employer or a specific offer of employment.

5. PERM permanent labor certification is not required for these EB-1 green card cases.

6. The EB-1 applicants can include their family members in the green card cases.All Rights Reserved.

7. An applicant with a pending  green card case, who is in the U.S., should still consult with a competent immigration attorney to apply for a non-green card work visa whether or not the U.S. Citizenship and Immigration Services has issued and approved his/her I-765 Application for Employment Authorization (EAD).

This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.  For more information, please contact Aik Wan Kok, Immigration Attorney at Tiya PLC, at koka@tiyalaw.com, tiyalaw@yahoo.com, 703-772-8224 or www.tiyaimmigration.com.  Tiya PLC is a U.S. professional law practice specializing in U.S. immigration law.  Ms. Kok and Tiya PLC provide legal representation to foreign nationals, individuals and their families, employers and companies in all stages and aspects of green card and work visa matters.

2. The National Interest Waiver green card petitions are for foreign nationals who are of exceptional  ability in their field of work and whose work or contributions are of national  interests to the U.S.

3. PERM permanent labor certification is not required for these green card cases.

4. The National Interest Waiver applicants can include their family members in the green card cases.

6. All Rights Reserved. This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.
For more information, please contact Aik Wan Kok, Immigration Attorney at Tiya PLC, at koka@tiyalaw.com, tiyalaw@yahoo.com, 703-772-8224 or www.tiyaimmigration.com.  Tiya PLC is a U.S. professional law practice specializing in U.S. immigration law.  Ms. Kok and Tiya PLC provide legal representation to foreign nationals, individuals and their families, employers and companies in all stages and aspects of green card and work visa matters.

5. An applicant with a pending  green card case, who is in the U.S., should still consult with a competent immigration attorney to apply for a non-green card work visa whether or not the U.S. Citizenship and Immigration Services has issued and approved his/her I-765 Application for Employment Authorization (EAD).  

1.    VAWA self-petition is for immigrant victims of domestic violence such as a male or female spouse (with legal or intended legal marriage), certain child or certain parent, of a U.S. citizen or lawful permanent resident.

2.    Approved VAWA applicants are eligible for employment authorization and may eventually apply for U.S. permanent residence status or green card.

3.    All Rights Reserved.

This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.  For more information, please contact Aik Wan Kok, Immigration Attorney at Tiya PLC, at koka@tiyalaw.com, tiyalaw@yahoo.com, 202-507-9767 (office) or 703-772-8224 or www.tiyaimmigration.com.  Tiya PLC is a U.S. professional law practice specializing in U.S. immigration law.  Ms. Kok and Tiya PLC provide legal representation to foreign nationals, individuals and their families, employers and companies in all stages and aspects of green card and work visa matters.

1.An applicant with a pending green card case, who is in the U.S., should still consult with a competent immigration attorney to apply for a non-green card work visa even if the U.S. Citizenship and Immigration Services has issued and approved his/her I-765 Application for Employment Authorization (EAD); and has a pending or approved I-140 Immigrant Petition.

2. Choosing the employment-based classification (such as an EB-1, EB-2 or EB-3) is crucial to the processing time for the green card case especially for foreign nationals with certain country of birth (not nationality). Some EB green card cases can take 6 to 9 years go process while other EB green card cases may take 2 or less years to process.

3. Most employment-based (EB) green card cases consist of three stages:

a) Stage 1: PERM

b) Stage 2: I-140 Immigrant Petition for Alien Work.

c) Stage 3: I-485 Applications for Adjustment of Status.

i. During this stage, the green card applicant can seek to apply (recommended) for I-131 advance parole and I-765 employment authorization document (EAD).

Stages 2 and 3 may be filed concurrently or at the same time, depending on criteria.

4. Certain employment-based green card cases do not require PERM permanent labor certification process with the U.S. Department o f Labor, such as certain EB-1 and certain EB-2 cases. If so, the green card case will start from I-140 Immigrant Petition stage. If a PERM is required, the green card applicant must undergo PERM for the approval of the U.S. Department of Labor before applying for I-140 Immigrant Petition and, if applicable, I-485 Adjustment of Status Application.

5. It is normally faster to obtain green card status through employment-based green card cases that do not require the PERM stage because:

a) Without the requirement of PERM, the processing time for PERM stage (which is normally lengthy lasting from several months to several years, depending on the circumstances) is eliminated.

b) The immigrant visa numbers (because EB cases have quotas) are normally more available in EB-1 green card cases, and then EB-2 green card cases.

6. At the I-140 stage, the green card applicant may include the biodata of certain family members who intend to immigrate with the applicant in the green card cases.

7. All Rights Reserved.

This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship. For more information, please contact Aik Wan Kok, Immigration Attorney at Tiya PLC, at koka@tiyalaw.com, tiyalaw@yahoo.com, 202-507-9767 (office) or 703-772-8224 or www.tiyaimmigration.com. Tiya PLC is a U.S. professional law practice specializing in U.S. immigration law. Ms. Kok and Tiya PLC provide legal representation to foreign nationals, individuals and their families, employers and companies in all stages and aspects of green card and work visa matters.

1. An applicant with a pending green card case, who is in the U.S., should still consult with a competent immigration attorney to apply for or maintain a non-green-card work visa or immigration status even if the U.S. Citizenship and Immigration Services has issued and approved his/her I-765 Application for Employment Authorization (EAD).

2. U.S. green card holders or lawful permanent residents may sponsor their foreign national spouses and children for green cards.

3. All Rights Reserved.

This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship. For more information, please contact Aik Wan Kok, Immigration Attorney at Tiya PLC, at koka@tiyalaw.com, tiyalaw@yahoo.com, 202-507-9767 (office) or 703-772-8224 or www.tiyaimmigration.com. Tiya PLC is a U.S. professional law practice specializing in U.S. immigration law. Ms. Kok and Tiya PLC provide legal representation to foreign nationals, individuals and their families, employers and companies in all stages and aspects of green card and work visa matters.

1. An applicant with a pending green card case, who is in the U.S., should still consult with a competent immigration attorney to apply for a non-green card work visa even if the U.S. Citizenship and Immigration Services has issued and approved his/her I-765 Application for Employment Authorization (EAD).

2. Choosing the employment-based classification (such as an EB-1, EB-2 or EB-3) is crucial to the processing time for the green card case especially for foreign nationals with certain country of birth (not nationality). Some EB green card cases can take 6 to 9 years go process while other EB green card cases may take 2 or less years to process.

3. Most employment-based green card cases consist of three stages:

a) Stage 1: PERM

b) Stage 2: I-140 Immigrant Petition for Alien Work.

c) Stage 3: I-485 Applications for Adjustment of Status.

i. During this stage, the green card applicant can seek to apply (recommended) for I-131 advance parole and I-765 employment authorization document (EAD).

Stages 2 and 3 may be filed concurrently or at the same time, depending on criteria.

4. Some employment-based green card cases do not require PERM, a permanent labor certification by the U.S. Department of Labor. However, most employment-based green card cases do require a PERM.

5. PERM stands for Program Electronic Review Management System.

6. PERM is a process whereby the U.S. Department of Labor (“DOL”) determines that:

a) The employer-sponsor has adequately testes the U.S. labor market to ascertain that there are no qualified, willing, able and available U.S. workers for the green card position;

b) The job requirements of the employer-sponsor are not unduly restrictive or adversed;

c) The offered green card salary meet the DOL prevailing wage criteria;

d) The employment of the foreign national will not adversely affect the wages and conditions of U.S. workers who are similarly employed; and

e) The foreign national meet the job requirements for the green card position in compliance with the criteria promulgated by immigration law.

7. The EB-3 green card applicant may include certain family members as derivative applicants in the green card cases after the PERM stage has been approved by the DOL.

All Rights Reserved. This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship. For more information, please contact Aik Wan Kok, Immigration Attorney at Tiya PLC, at koka@tiyalaw.com, tiyalaw@yahoo.com, 202-507-9767 (office) or 703-772-8224 or www.tiyaimmigration.com. Tiya PLC is a U.S. professional law practice specializing in U.S. immigration law. Ms. Kok and Tiya PLC provide legal representation to foreign nationals, individuals and their families, employers and companies in all stages and aspects of green card and work visa matters.

1. An applicant with a pending green card case, who is in the U.S., should still consult with a competent immigration attorney to apply for a non-green card work visa even if the U.S. Citizenship and Immigration Services has issued and approved his/her I-765 Application for Employment Authorization (EAD).

2. Choosing the employment-based classification (such as an EB-1, EB-2 or EB-3) is crucial to the processing time for the green card case especially for foreign nationals with certain country of birth (not nationality). Some EB green card cases can take 6 to 9 years go process while other EB green card cases may take 2 or less years to process.

3. Most employment-based green card cases consist of three stages: 
a) Stage 1: PERM

b) Stage 2: I-140 Immigrant Petition for Alien Work.

c) Stage 3: I-485 Applications for Adjustment of Status.
i. During this stage, the green card applicant can seek to apply (recommended) for I-131 advance parole and I-765 employment authorization document (EAD).
Stages 2 and 3 may be filed concurrently or at the same time, depending on criteria.

4. Some employment-based green card cases do not require PERM, a permanent labor certification by the U.S. Department of Labor. However, most employment-based green card cases do require a PERM.

5. The Professionals or Skilled Worker Employment-Based Third Preference (“EB-3”) petitions are green card sponsorships through their employers. They are for jobs requiring, and foreign nationals who have either:

a) For professional: either U.S. or foreign-equivalent Bachelor’s degrees and who is a member of the profession; or

b) For skilled workers: At least 2 years of relevant work experience or training.

6. PERM permanent labor certification is required for these EB-e green card cases.

7. The EB-3 green card applicant may include certain family members as derivative applicants in the green card cases.

8. All Rights Reserved.

This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship. For more information, please contact Aik Wan Kok, Immigration Attorney at Tiya PLC, at koka@tiyalaw.com, tiyalaw@yahoo.com, 202-507-9767 (office) or 703-772-8224 or www.tiyaimmigration.com. Tiya PLC is a U.S. professional law practice specializing in U.S. immigration law. Ms. Kok and Tiya PLC provide legal representation to foreign nationals, individuals and their families, employers and companies in all stages and aspects of green card and work visa matters.

2. An application for an EAD is recommended even if the green card applicant has other form of work permission authorized by the USCIS.

3. All employees must be authorized to work in the U.S., either automatically (U.S. citizen or lawful permanent resident) or by the U.S. Citizenship and Immigration Services (USCIS).

4. The filing of a non-frivolous I-485 case confers the eligibility to the green card applicant to apply for an I-131 advance parole and I-765 employment authorization document (EAD) for him/herself and applicable derivative family members may also apply.

5. Depending on the criteria, the green card applicant may also be eligible to file the I-485 Adjustment Application concurrently with the I-130 Immigrant Relative Petition.

6. An approved I-765 employment authorization document (EAD) is a work authorization approved by the USCIS.

7. PLEASE NOTE, an applicant with a pending I-485 case must not travel internationally without consulting a competent immigration attorney because:

e) In general (certain exceptions apply), an I-131 advance parole is required before the foreign national with a pending I-485 green card case travels internationally.

f) Moreover, certain green card applicants should not travel internationally even if they have been issued, or may not require an I-131 advance parole, to prevent jeopardizing his/her pending green card case.

8. All Rights Reserved.

This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship. For more information, please contact Aik Wan Kok, Immigration Attorney at Tiya PLC, at koka@tiyalaw.com,tiyalaw@yahoo.com, 703-772-8224 orwww.tiyaimmigration.com.  Tiya PLC is a U.S. professional law practice specializing in U.S. immigration law.  Ms. Kok and Tiya PLC provide legal representation to foreign nationals, individuals and their families, employers and companies in all stages and aspects of green card and work visa matters.

1. In general (certain exceptions apply), a green card applicant with pending I-485 green card cases should not travel internationally without an I-131 advance parole to prevent jeopardizing the pending green card case.

2. Depending on the criteria, the green card applicant may also be eligible to file the I-485 Adjustment Application concurrently with the I-130 Immigration Relativce Petition.  The filing of a non-frivolous I-485 case confers the eligibility to the green card applicant to apply for an I-131 advance parole and I-765 employment

authorization document (EAD) for him/herself and also applicable derivative family members.

3. PLEASE NOTE, an applicant with a pending I-485 case must not travel internationally without consulting a competent immigration attorney because:

c) In general (certain exceptions apply), an I-131 advance parole is required before the foreign national with a pending I-485 green card case travels internationally.

d) Moreover, certain green card applicants should not travel internationally even if they have been issued, or may not require an I-131 advance parole, to prevent jeopardizing his/her pending green card case.

4. All Rights Reserved.

This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship. For more information, please contact Aik Wan Kok, Immigration Attorney at Tiya PLC, at koka@tiyalaw.com,tiyalaw@yahoo.com, 703-772-8224 orwww.tiyaimmigration.com.  Tiya PLC is a U.S. professional law practice specializing in U.S. immigration law.  Ms. Kok and Tiya PLC provide legal representation to foreign nationals, individuals and their families, employers and companies in all stages and aspects of green card and work visa matters.

1. An applicant with a pending green card case, who is in the U.S., should still consult with a competent immigration attorney to apply for or maintain a non-green card work visa even if the U.S. Citizenship and Immigration Services has issued and approved his/her I-765 Application for Employment Authorization (EAD).

2. Choosing the family-based classification (such as an FB-1, FB-2 or FB-3) is crucial to the processing time for the green card case especially for foreign nationals with certain country of birth (not nationality).  Some FB green card cases can take more than 25 years to process while other FB green card cases may take 5 or less years to process.

3. Certain family green card sponsorship can take less a year to process.

4. Most family-based (EB) green card cases consist of three stages:

a) Stage 1: I-130

b) Stage 2: I-485 Applications for Adjustment of Status.

i. During this stage, the green card applicant can seek to apply (recommended) for I-131 advance parole and I-765 employment authorization document (EAD).

Stages 1 and 2 may be filed concurrently or at the same time, depending on criteria.

5. PLEASE NOTE, an applicant with a pending I-485 case must not travel internationally without consulting a competent immigration attorney because:

a) In general (certain exceptions apply), an I-131 advance parole is required before the foreign national with a pending I-485 green card case travels internationally.

b) Moreover, certain green card applicants should not travel internationally even if they have been issued, or may not require an I-131 advance parole, to prevent jeopardizing his/her pending green card case.

6. All Rights Reserved.

This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship. For more information, please contact Aik Wan Kok, Immigration Attorney at Tiya PLC, at koka@tiyalaw.com,tiyalaw@yahoo.com, 703-772-8224 orwww.tiyaimmigration.com.  Tiya PLC is a U.S. professional law practice specializing in U.S. immigration law.  Ms. Kok and Tiya PLC provide legal representation to foreign nationals, individuals and their families, employers and companies in all stages and aspects of green card and work visa matters.