Questions about Employment-based Petitions

Q: What is an employment-based petition?

A: An employment-based petition is a request made by a U.S. employer to the U.S. Citizenship and Immigration Services (USCIS) to sponsor a foreign worker for employment in the United States.

Q: What is adjustment of status?

A: Adjustment of status is the process of changing a non-immigrant visa status to that of a permanent resident (green card holder) while remaining in the United States.

Q: When should you consider hiring an immigration lawyer for employer-based petitions and adjustment of status?

A: You should consider hiring an immigration attorney for employment-based petitions and adjustment of status if you are unfamiliar with the application process, have questions about the eligibility requirements, have a complex case, have previously been denied a petition or application, or have concerns about how to respond to requests for evidence (RFEs) or notices of intent to deny (NOIDs) from USCIS.

Q: What can an immigration attorney do to assist with employment-based petitions and adjustment of status?

A: An immigration attorney can assist with a range of tasks, including reviewing and preparing the application, assisting with gathering and submitting evidence, responding to RFEs and NOIDs, and providing guidance on eligibility requirements and any potential issues that may arise during the application process.

Q: How can an immigration attorney help with responding to RFEs and NOIDs?

A: An immigration attorney can provide guidance on how to respond to RFEs and NOIDs, including explaining the reasons for the request, providing additional evidence or documentation, and addressing any issues or concerns raised by USCIS.

Q: What are some common reasons that employment-based petitions and adjustment of status applications are denied?

A: Some common reasons for denial include failure to meet eligibility requirements, failure to provide sufficient evidence, the discovery of fraud or misrepresentation in the application, and issues related to the availability of visas or quotas.

Q: How long does it take to process an employment-based petition or adjustment of status application?

A: Processing times can vary depending on USCIS workload and the complexity of the case. It is important to monitor processing times and to contact an immigration attorney if there are any delays or concerns about the application process.