Archive

Archive for March, 2011

LCA Denial: FEIN Could Not Be Verified

March 29, 2011 Leave a comment

The first step to applying for many work visa (H1B, H1B1, and E3) is the filing of the Labor Condition Application (“LCA”). One common problem faced by companies of all sizes is a denial because Labor of Department (“DOL”)could not verify the FEIN number. Unfortunately, the current remedy for this problem is to provide the DOL with one of the following documents:

(1) Documentation from IRS noting assignment of FEIN.

(2) Federal or State tax return (only acceptable with a pre-printed label) or a pre-printed tax coupon.

(3) Documentation from employer’s financial institution showing employer’s FEIN.

(4) Articles of incorporation, business license, or other certifications of business existence.

(5) Secretary of State registration.

(6) Official and/or government documents.

(7) Other documentation showing the FEIN and name of the employer.

Due to the common occurence of this problem, I would suggest all company that is preparing to file for an LCA to prepare the documents listed above. This would not only save time but help avoid anxiety later in the process when facing a denial.

9 Documents Used to Prove Bona Fide Marriage

March 28, 2011 2 comments

One of the obstacle in petitioning for green card through marriage is to prove that the marriage was bona fide and not just for the purpose of receiving the green  card. There are many types of documents that could be provided to the USCIS to support this. Below are a list of a couple of the most common documents:

1. Bank statements showing joint bank accounts

2. Credit card statements showing joint credit card accounts

3. Lease, mortgage, or rental agreement with both parties name

4. Car registration with both parties name as well as address

5. Utility bills with both parties name

6. Insurance policy with both parties name

7. Pictures taken before and during marriage

8. Affidavit from family and friends

9. Child birth certificate

The list above is by no means a list of ALL the documents but is a list of the some of the more common ones. It is important to understand that the burden of proof is on the USCIS. In other words, it is up to the USCIS to prove that the marriage is not a bona fide marriage.

When to File Removing of Conditions (I-751)

March 23, 2011 2 comments

Most immigrants with a conditional green card knows that they need to file the I-751 to remove the conditions on their green card. However, there is often confusions as to when to file the forms. The official language of the USCIS states that the form should be filed “during the 90 days before the second anniversary of the date you obtained conditional resident status.” In plain language this means that you should file the I-751 form along with the evidence supporting your petition in the 90 days window before the expiration of your conditional status.

This window of time is important because:
(1) if you file before this window of time, your application will be returned.
(2) if you forgot to file and your conditional green card expires, you may be subject to removal proceeding.

Pathway to Green Card: Immigration Flowchart

March 18, 2011 1 comment

This very useful flowchart on immigrationroad.com, despite being slightly out of date, is a good reference for anyone looking to understand and explore different ways to obtaining a green card. As you can see from the flowchart, there are 4 basic ways to petition for a green card, (1) Employment-based, (2) Family-based, (3) Diversity, and (4) Investment. More importantly, the flowchart also shows which form to file and possible obstacles one may encounter in each pathway. You should speak to an immigration attorney to understand whether there have been changes in the law and how to best overcome these obstacles. An immigration attorney can also provide guidance as to which is the most advisable way to petition for a green card.

DISCLAIMER: The flowchart linked to this blog is created by immigrationroad.com, the author of this blog is not responsible for the accuracy of the information in the flowchart. Information found in this blog is provided for informational purpose only. It is not legal advice and should not be construed as providing legal advice on any subject matter.

%d bloggers like this: