Sponsoring a foreign national for an employment-based green card is a great way to retain skilled talent. However, for most green card categories (including EB-2 and EB-3), employers are required to complete a rigorous PERM labor certification process. This important step, which must be completed before starting the green card process, helps the U.S. government make sure no U.S. citizens are available to fill the role.
Currently, there are 5.2 million undocumented immigrants that qualify for Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parental Accountability (DAPA). Out of that large population group, the Center for American Progress (CAP) estimates 3.7 million are presently in the labor force. CAP recently conducted a study reviewing how deferred action affects undocumented immigrants’ earnings. The findings? It leads to higher wages!
“We found out that the earnings of undocumented [immigrants] will increase by around $103 billion over the [next] 10 years,” says Silva Mathema, a policy analyst at CAP.
Source: Center for American Progress
While that figure represents the entire deferred action-qualifying population. The numbers are encouraging on an individual level, as well. CAP estimates deferred action recipients stand to earn 8.5% more after receiving the temporary protected status.
What does this mean for you?
If you’re one of the 3.7 million undocumented individuals living in the U.S. that are currently in the workforce, you could increase your earnings if you are approved for deferred action. Deferred action recipients are given legal work authorization, allowing them to seek better jobs that offer benefits. Additionally, with DACA you can apply to college, expand your skillset, and increase your earning potential even more!
Due to a recent injunction on the latest deferred action orders, the United States Citizen and Immigration Services (USCIS) is only accepting DACA applications under its 2012 guidelines. However, immigration experts believe the injunction will be lifted soon, so it’s best to get ready to apply.
Find out if qualify for the original DACA executive order and start your application.
For expanded DACA and DAPA, check out these handy checklists, so you’re ready once the deferred action injunction is lifted.
Looking for more information on deferred action? Contact us and speak to an expert immigration attorney.
DACA’s protected status benefit has opened a world of educational opportunities that allow you to move forward with your goals. In order to make your dreams a reality, you need to finance your education by applying for grants and scholarships.
Each year organizations around the country offer thousands of scholarships to students in need of tuition assistance. But searching for the right ones can be overwhelming if you don’t know where to begin. We want to help you get started on the right foot, here are five scholarship application tips all DACA grantees should know:
1. Complete the FAFSA Form
One of the benefits of DACA is the valid social security number (SSN) approved applicants are given to build a credit history and find financial aid. It’s recommended that you complete a Free Application for Federal Student Aid (FAFSA) form, which requires a valid SSN, since many educational institutions use its information when deciding to award state-level grants (which you are eligible for) and scholarship funds. However, keep in mind that DACA grantees aren’t eligible for federal aid. Also, be aware of the FAFSA deadlines for your particular state, since they all differ. Individual schools may have their own filing deadlines, as well.n’t have DACA, discover if you qualify for protected status.
2. Know Your Dependency Status
It’s important to know if you’re a dependent or independent student. This helps officials determine whether your parents are responsible for paying for your education. Dependent students must report their parents financial information on their FAFSA application. If you are an independent student you aren’t required to report your parents financial information on your FAFSA application, and you may qualify for additional tuition assistance. The Department of Education has an informational questionnaire that will help you learn your dependency status.
3. Conduct Thorough Research
There are tons of scholarships available through schools and private organizations. You just have to be willing to do the research. In addition to checking if any scholarships are offered directly by the school you will attend, try these other search methods:
> Perform targeted searches
Visit your favorite search engine like Google or Bing and start entering key terms, such as “scholarships” and your state or “scholarships” and “DACA.”
>Seek out DACA-specific scholarships
Look out for organizations that have specific resources for undocumented youth, like College Greenlight. The group helps underrepresented students find scholarships and resources, free of charge. Additionally, there are groups advocating for deferred action and in turn create scholarship programs specifically DACA grantees. For example, TheDream.US has a yearly scholarship fund for young immigrants with deferred action.
>Contact local community organizations
Visit youth organizations in your community and ask them if they know of any scholarship resources for undocumented students. They can point you in the right direction and may even help you complete the application.
>Visit scholarship search engines
Search smarter by visiting a scholarship search engine like BigFuture by the College Board. You can filter the search results to meet your specific academic criteria and find the scholarships that best meets your needs. The U.S. Department of Labor also has a college scholarship search engine.
4. Share Your Story
Being DACA-mented means you have a unique story of how you came to this country and overcame odds in order to pursue your educational goals. Include your inspirational tale along with your scholarship application to help officials learn more about you and why you deserve tuition assistance.
5. Apply for Work Study
Don’t limit your search to scholarships. Many colleges participate in the Federal Work-Study program. It allows students with financial need to work in community service roles or jobs related to their course of study while earning money to pay for school. The offerings differ between each school, so contact the financial aid office of the institution you’re attending to learn what’s available.
Do you have deferred action and won a scholarship? Congrats—now tell us about it on Twitter and Facebook! If you don’t have DACA, discover if you qualify for protected status.
Deferred Action for Childhood Arrivals (DACA) grants young undocumented immigrants a chance to legally work in the U.S while being protected from deportation. In order to qualify, applicants must meet a variety of criteria, which includes strict criminal history restrictions that aim to disqualify any applicants that may pose a threat to national security.
DACA Criminal History Guidelines
The United States Citizenship and Immigration Services (USCIS) outlines requirements for DACA applicants. It’s often unclear to those who have a criminal record if they qualify for deferred action. Here are four things you must know if you want to apply for DACA and have a criminal history:
1. No Felonies
DACA applicants can’t have any felony convictions on their record. A felony is a federal, state or local offense, punishable by a year or more of imprisonment. Individuals who are convicted of this grade of crime are incarcerated in a prison facility not a local or county jail. The type of crimes that qualify as a felony offense vary by state. A felony offense may include:
> Driving under the influence (DUI) of drugs or alcohol
> Distributing, selling or unlawful possession of drugs (even in small quantities)
> Fraud, theft, or burglary
> Violent offenses: domestic violence, assault, or threats
> Sexual abuse or exploitation
> Possession or unlawful use of firearm
> Obstruction of justice, bribery, hit and run, or unlawful flight from arrest or prosecution
2. No Significant Misdemeanors
To be DACA-eligible, applicants can’t have any significant misdemeanor convictions. The Department of Homeland Security (DHS) classifies a significant misdemeanor as an offense punishable by less than a year but more than five days of imprisonment. Additionally regardless of the sentence enforced, it’s a significant misdemeanor if the offense includes:
> Domestic violence
> Driving under the influence
> Sexual abuse or exploitation
> Unlawful possession or use of a firearm
> Drug distribution or trafficking
> Burglary
A crime qualifies as a significant misdemeanor even if the offense doesn’t fall under the infringements above, but if the individual was sentenced to (and served) a period of more than 90 days, not including a suspended sentence.
3. Limited Non-Significant Misdemeanors
To file for DACA, an applicant can’t have three or more non-significant misdemeanor convictions. The DHS defines a non-significant misdemeanor as an offense punishable by less than one year but greater than five days imprisonment. Additionally, the offenses can’t include any of the following:
> Domestic violence
> Driving under the influence
> Sexual abuse or exploitation
> Unlawful possession or use of a firearm
> Drug distribution or trafficking
> Burglary
The offense also qualifies as a non-significant misdemeanor if the applicant is convicted of a crime and sentenced to 90 days or less in custody. Note: Time served in ICE custody doesn’t count if it’s given by a state or local agency.
4. No Threat to National Security or Public Safety
In order to be considered eligible for DACA, applicants can’t pose a threat to national security or public safety. Factors that may indicate a risk include: gang membership, participation in criminal activities or involvement in actions that threaten the U.S.
Discover Your Options With a VISANOW-Affiliated Attorney
Don’t risk it—DACA applicants with any questions or issues regarding their criminal history should consult an attorney before applying. VISANOW’s affiliated attorneys can answer any questions you have and help you build the strongest case possible before filing your application—call (855) 960-5468 to learn more.
Employment history can be a tricky issue when applying for deferred action. Candidates often have questions about how revealing their status will affect current or future employment. Here are some guidelines on how to approach your DACA status with your employer.
You are not required to supply any employment records (such as pay stubs) as part of your DACA application. And generally, if you can prove you have been in the U.S. without using them, it’s a smart option. Good alternatives to pay stubs include utility bills, phone bills, school records, medical records or bills, or even receipts of payment sent to relatives in your home country (remesas.)
If you only have employment records to prove your continuous presence in the U.S., ask your employer for them in a way that doesn’t announce your legal status, if possible. If your pay stubs or work documents contain a Social Security Number that is not your own, talk to an immigration attorney before submitting them as part of your deferred action application.
When you apply for DACA, you should only list a Social Security Number that was legally issued to you, but USCIS should be made aware of other identities you may have used while working as an undocumented immigrant. This is another complex situation where consulting an immigration lawyer will be extremely beneficial to your case.
You are not required to tell your employer or anyone else you work with that you are applying for DACA. Your immigration status is private and you should not share it with anyone other than your immigration attorney. If you are currently applying for DACA, it is highly recommended you do not tell your employer, no matter how friendly your relationship is.
If you have provided false information in the past, we recommend consulting an attorney before you bring your new employment verification documents (your work permit and new SSN) to your employer. There are many right ways and wrong ways to discuss your status with your employer, and each DACA candidate’s case is unique in this respect.
If you used a fake Social Security Number or provided other false information, then your employer has the right to fire you. However, as we mentioned in a previous blog post, no such firings have been reported yet. You don’t necessarily have to reveal that you worked with a false SSN, but you should consult an attorney to see what your best options are.
You are not required to tell your employer your new work permit is from a DACA approval. They do not need to know the work permit is only temporary subject to renewal in 2 years.
If you have not provided any false employment verification to your employer, then there should be no issue with keeping your current job. Getting your work permit through DACA means you can work legally and you should not be discriminated against for not being a U.S. citizen. According to USCIS, “If a deferred action recipient presents an unexpired EAD [DACA work permit] to complete the Form I-9, an employer should accept it. The employer may not request that the employee provide additional proof that his or her case has been deferred or that he or she is authorized to work.” [USCIS]
Remember that your DACA work permit is all you need to prove you are eligible for employment, and if an employer asks for more than that, it can be considered discrimination. From the U.S. Department of Justice website: “Employers may not request more or different documents than are required to verify employment eligibility, reject reasonably genuine-looking documents, or specify certain documents over others with the purpose or intent of discriminating on the basis of citizenship status or national origin. U.S. citizens and all work authorized individuals are protected from document abuse.” [USDOJ]
If you want to learn more about your employment rights as a DACA candidate, read more here:
If your spouse is currently inside the U.S., you may be considering sponsoring your spouse for a Green Card. Applying for a U.S. Green Card for a spouse from inside the U.S. is a complicated process. There are lots of forms and documents that need to be filed. Here is what you need to know:
If you are a foreign national working or planning to work in the United States, you may be eligible to apply for or be sponsored by your employer for an employment-based Green Card. Per year, a maximum of 140,000 immigrants are granted employed-based Green Cards. Employment-based Green Cards are divided into five Green Card categories, each having its own specific requirements and processing times.
EB-1
EB-1 beneficiaries have the highest preference category, which means they also generally have a “current” priority date and fast processing time. Those eligible for this category are:
EB-2
EB-2 beneficiaries are required to have an approved labor certification and a job offer from a U.S. employer willing to sponsor the beneficiary. The labor certification and the U.S. employer sponsor requirements can be waived if it is in the national interest to do so.
Beneficiaries in this category should be:
EB-3
EB-3 beneficiaries are required to have an approved labor certification and a job offer from a U.S. employer willing to sponsor the beneficiary.
Beneficiaries in this category should be:
EB-4
EB-4, the fourth preference category is for certain special immigrants. This visa category does not require a labor certification. Some of the qualifying groups of immigrants are listed below:
Visit here for a comprehensive list of the subcategories within EB-4.
EB-5
EB-5, the fifth preference category is reserved for immigrant investors.
Applicants of this category should desire to invest capital in a new U.S. business/company, which will aid in creating jobs.
The Employment based Green Card can be a complicated and confusing process. It is recommended to consult with an immigration attorney for the best outcome. For more information, please contact us at 855-VISANOW!
A primary purpose of the marriage based Green Card interview is to determine the legitimacy of your marriage. You will be asked a series of questions. Prior to interview, please review the information you submitted; the immigration officer may base a few questions from that information.
Here are five questions to expect at your interview for a marriage based Green Card:
Give a detailed description of how you met. Specify if you met online, in person, through a friend, etc.
Here, discuss what interests, perspectives, and values you share. Be specific. The officer will be trying to determine how well you know your spouse.
If you and your spouse became engaged shortly after you met, the officer may want to know what made you decided to get married so quickly.
Even if the proposal was not formal, you would want to discuss when and how you decided to get married.
The officer will want to know the exact date and location of your marriage. He/she may ask for the time of day, the weather, how many people attended, etc.
Important to Know:
If you are sponsoring a Green Card or fiancé visa, there are income requirements you must meet for the affidavit of support. To determine if your income qualifies, refer to the federal poverty guideline chart.
If you do not meet the income requirements for the affidavit of support, you may be able to use assets to meet the income requirements.
Use this equation to determine if combining your assets with your income will meet the affidavit of support income requirements:
If a U.S. Citizen and sponsoring a spouse or minor child:
Value of assets = (affidavit of support minimum income requirement – actual income) multiplied by 3.
If sponsoring someone other than a spouse or minor child:
Value of assets = (affidavit of support minimum income requirement – actual income) multiplied by 5.
Example:
A USC sponsor with a household size of four is petitioning a Green Card for their spouse. Therefore, their minimum income according to federal poverty guidelines needs to be $29,812.The sponsor’s actual income is $15,037 annually.
So, $29,812-15,037= $14,775
$14,775 X 3= $44,325
The cash value of the assets must equal at least $44,325.
In order to get approved for a fiancé visa or a Green Card, the affidavit of support must be properly prepared, if not, you may be denied. Check out another blog about the affidavit of support.
For more information about using assets to satisfy the income requirement, contact an immigration specialist at 855-VISANOW.
The February 2015 Visa Bulletin continues the advancement trend that we saw both in December and January.
As a reminder, the categories for Green Card petitions are as follows:
Each and every category saw an advancement of their priority dates.
The priority dates for employment-based visa are organized into the following categories:
The EB-2 for China moved up about six weeks. That category also saw and advancement of six months for India.
There was also advancement across the board for the EB-3 category.
