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INS NOW ALLOWS FILING OF EMPLOYMENT PETITION AND ADJUSTMENT OF
STATUS APPLICATION AT SAME TIME
by Michael J. Gurfinkel, Esq.
On July 31, 2002, the INS issued new regulations
that would allow aliens sponsored for greencards through labor
certification, to file the employment petition, together with
the adjustment of status application, and the application for
work authorization. Now, aliens will be able to get work authorization
much sooner, that will allow them to work legally in the United
States.
Under existing procedures, the employment petition
must first be approved, before the alien can apply
for adjustment of status and obtain work authorization. Approval
of the employment petition could sometimes take several months.
With this new regulation, aliens sponsored for green cards through
Labor Certification, could now file the employment petition along
with adjustment of status application right after a Labor Certification
has been issued by the Department of Labor. And, at the same time,
apply for work authorization. Once they get work authorization,
they can get a Driver's License, Social Security (SS#), etc.
As for those aliens whose employment petitions have
already been filed and are still pending at the INS Service Center,
the new regulations likewise allow the filing of the adjustment
of status application and work authorization application.
With recent legislation and INS regulations that
aim to hasten immigration processing and promote family reunification,
it is becoming clear that federal authorities are trying to make
it easier for those who are legitimately qualified to obtain permanent
residence in the United States.
I suggest that you contact an immigration attorney
to avail of this new regulation. A work authorization can open
a lot of doors for you and relieve you of your fears --- of losing
your job or not finding a job, not being able to obtain or renew
your driver's license. You owe it to yourself to have peace of
mind.
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