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 get to the U.S. 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, (assuming the 65,000 annual allotment has not been used up).   Even if you have a pending family petition, it would not affect your eligibility for the Temporary Working Visa.   (This is unlike a Visitor's Visa, where if a person is under petition, it could be grounds for their ineligibility for the Visitor's Visa.)

A person can also obtain a green card through an employer's petition through Labor Certification. The basic requirements for Labor Certification are:

• The alien can be a college graduate (as is the case with H-1B visas), or a skilled worker (meaning the applicant works at a type of job that requires at least two years of training or experience) but is not necessarily college level.
  
• An unskilled worker (such as caregiver, housekeeper, etc.,), can also qualify for a green card through Labor Certification.
  
• A financially stable employer, who has a real 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.

Back to Main