Current Form I-9 Will Remain Effective After August 31, 2012

Until further notice, employers should continue using the Form I-9, Employment Eligibility Verification, currently available on the USCIS forms page at www.uscis.gov/I-9.

This current version of the form continues to be effective even after the OMB control number expiration date of August 31, 2012 has passed. USCIS will provide updated information about the new version of the Form I-9 as it becomes available.

Employers must complete Form I-9 for all newly-hired employees to verify their identity and authorization to work in the United States.

Sponsoring an Employee for Permanent Resident Status: Part III

After I file, how long will it take before the foreign  national can immigrate?

The combination of high demand and the limits set by law on how many people can immigrate each year under each category and from a particular country affects the waiting time. For some foreign nationals there may be no waiting period, while others may have a significant waiting period.

Generally speaking, if a foreign national entered the United States legally and is presently in the United States (and meets certain other requirements), he or she may be able to file an application to adjust to permanent resident status if the employment-based immigrant visa category for that foreign national is currently available.

For other foreign nationals who are on the visa waiting list, once the foreign national reaches the “front of the line,” the U.S. Department of State will contact and invite him or her to apply for an immigrant visa.

What about the foreign national’s family?

In most cases, when the foreign national’s place in line is reached and he or she applies to immigrate, the foreign national’s spouse and unmarried children under 21 can apply as dependents.

For example: You file a petition on behalf of a prospective employee. You cannot directly petition for the employee’s spouse and children. However, the employee's spouse and children can apply for immigrant visas (or adjustment of status) at the same time as your prospective employee when the prospective employee reaches the front of the line.

Sponsoring an Employee for Permanent Resident Status: Part I, What Employees Can a U.S. Citizen Employer File For?

Which employees may I file for?

A U.S. employer may sponsor a prospective or current foreign national employee who is inside or outside the United States and who may qualify under one or more of the employment-based (EB) immigrant visa categories. The EB visa categories are divided into several preference categories. These EB visa categories are organized by occupational priorities as mandated by Congress. The first four of these EB visa categories are available to otherwise eligible foreign nationals sponsored by U.S. employers:

EB-1 – Priority Workers

•                      Aliens with extraordinary ability in the sciences, arts, education, business, or athletics;

•                      Outstanding professors and researchers;

•                      Multinational executives and managers.

EB-2 – Professionals With Advanced Degrees or Persons With Exceptional Ability

• Aliens who, because of their exceptional ability in the sciences, arts, or business, will substantially benefit the national economy, cultural, or educational interests or welfare of the United States;

• Aliens who are members of professions holding advanced degrees or the equivalent.

EB-3 – Professional or Skilled Workers

•                      Professionals with a baccalaureate degree;

•                      Aliens capable of performing skilled labor (requiring at least 2 years of training or experience) for which qualified workers are not available in the United States;

•                      Aliens capable of performing unskilled labor for which qualified workers are not available in the United States.

EB-4 – Special Immigrants

•                      Religious workers;

•                      Panama Canal Company Employees, Canal Zone Government Employees, or U.S. Government in Canal Zone Employees;

•                      Certain physicians;

•                      Certain others.