Immigration: Green card and visa issues are often complex

| Aug 25, 2020 | Adjustment Of Status |

Many Florida college students have come to the United States to study. Once they graduate and find a job, many of them seek an adjustment of status to remain in this country, either temporarily or on a permanent basis. Immigration law is complicated, and avoiding legal status problems can be challenging.

There have been certain bans placed in effect regarding H1-B visas, which is an employment-based visa that is issued annually through a lottery program. Current restrictions prohibit anyone outside the United States from entering the lottery. However, a worker residing in the country can pay a fee and hope for the best.

There is a limited number of visas available through the lottery, so it is good to know that there may be options available for obtaining a green card for those who do not get an H1-B visa but would like to adjust their status to permanent residency. The Program Electronic Review Management (PERM) system enables a worker to apply for labor certification through the U.S. Department of Labor. It is important to research the program ahead of time, however, to be sure that an application will not have negative implications on one’s immigration status.

Labor certification can be sent to U.S. Citizenship and Immigration Services (USCIS) when applying for EB-2 or EB-3 green card status. This certification serves as proof that a green card candidate’s employment will not adversely affect wages or conditions for U.S. citizen workers. Obtaining a green card through PERM is often an option when an H1-B visa is not available. To avoid legal complications or resolve an issue that has arisen, it is always best to seek support from an attorney well-versed in U.S. immigration laws.

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