I-140 Alien Worker Petiton Update from AILA Conference
Posted on June 5, 2009
and other issues crucial to employers' petitions for green cards fr their workers, specifically, the I-140 Petition for Alien Worker. Immigration lawyers discussed that key to the I-140 success is making sure that the job description is drafted for a specific, not general position offered, and that the foreign worker must qualify for the position as drafted before he or she joins the sponsoring employer. An exception to this rule is when the position offered to the foreign worker is at least 50% different with regard to duties involved from the one in which the experience with the employer is gained. Employment-based EB-2 category, so desired for nationals with backlogged immigrant visa numbers such as nationals of India and China, is strictly available for positions that actually require an advanced degree. Having an advanced degree is not enough, in order to approve the immigrant visa petition, USCIS needs to be convinced that both the position offered requires an advanced degree (such as Master's ) AND the foreign worker had that degree or an equivalent prior to joining the employer.
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