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FASTER WAYS TO BE REUNITED WITH YOUR FAMILY - Part 2
by Michael J. Gurfinkel, Esq.
In a previous column, a woman in the Philippines
asked about the fastest ways to be reunited with her husband in
America. One way discussed was through a family petition. In this
article, we will discuss various employer petitions, which may
enable families to be reunited faster in the U.S.
EMPLOYER PETITIONS
In addition to family petitions, another way to obtain a visa
is through an employer's petition, either as: (1) a temporary
worker (H-1B), or (2) as a green card holder (Labor Certification).
Even though a person is under petition by a family member, they
can still be separately petitioned by an employer. There is no
law barring a person from simultaneously seeking different immigration
benefits.
For a Temporary Working
Visa (H-1B), the basic requirements are:
- You must be a college graduate;
- You must have a financially stable employer
in the U.S. who would petition you.
- The employer has a job position related to your
college degree.
- The employer is willing to pay you the 'prevailing
wage" for that job; and
- The job must be real. You must work in that college-level
job (i.e. an accountant cannot be petitioned for an H-1B visa
to work as a file clerk or secretary, because those are not
college-level jobs, and not related to their college degree).
The Temporary Working Visa (H-1B) can be granted
in a matter of months, and the fact that you have a pending family
petition would not affect your eligibility for the Temporary Working
Visa. (This is unlike a Visitor's Visa, where if a person is under
petition, this could be grounds for their ineligibility for the
Visitor's Visa.)
A person an also obtain a green
card through an employer's petition
through Labor Certification.
The basic requirements for Labor Certification are:
- The alien can be either a college graduate (as
is the case with H-1B visas), OR they could be a skilled worker
(meaning that the applicant work at a type of job that requires
at least two years of training or experience). A 'skilled"
job may not necessarily be college-level, but the job that requires
at least two years of training or experience (such as cook,
mechanic, Board and Care manager, etc.
- An unskilled
worker (such as caregiver, housekeeper, etc.,), can also qualify
for a green card through Labor Certification. For the past several
years, the priority date for unskilled workers has been "current"
such that once the processing of the Labor Certification is
completed (which can take approximately 3 to 4 years), a visa
would be immediately "available".
- A financially stable employer has a job position
related to the alien's education or experience, and is willing
to pay the prevailing wage.
Since your husband is already in America, perhaps
he is working for an employer who may be in need of a person with
your education or experience. Or your husband (or other family members
in the U.S.), may know of an employer who needs somebody with your
education or skills. I know that many employers speak very highly
of Filipino workers, because Filipinos are known worldwide for their
work ethics, loyalty, hard work and dedication.
If you believe you may qualify for some of the avenues discussed
above, you should seek the advice of a reputable attorney, who can
analyze your situation, to let you know if you meet the requirements
of these types of immigration benefits.
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