Employers sometimes need to hire foreign labor when there is a shortage of available U.S. workers to fill certain jobs. Under certain conditions, U.S. immigration law may allow a U.S. employer to file a Form I-129, Petition for a Nonimmigrant Worker, with U.S. Citizenship and Immigration Services (USCIS) on behalf of a prospective foreign national employee. Upon approval of the petition, the prospective employee may apply for admission to the United States, or for a change of nonimmigrant status while in the United States, to temporarily work or to receive training. For most employment-based nonimmigrant visa categories, the employer starts the process by filing Form I-129 with USCIS. Filing instructions and forms are available on the USCIS web site at www.uscis.gov. Please note that in some cases the employer must file a Labor Condition Application or Application for Temporary Employment Certification with the Department of Labor (DOL) and/or obtain certain consultation reports from labor organizations before filing a petition with USCIS. What are the various types of visa classifications under which a foreign national may temporarily engage in employment or training? The following are the most common visa classifications under which a foreign national may temporarily work or train: Am I required to file an application or other request with the U.S. Department of Labor for each foreign national employee? Certification from the Department of Labor (DOL) is required only for the H-1B, H-2A, and H-2B nonimmigrant classifications. You must first request certification from DOL before submitting your I-129 petition to USCIS. For H-1B nonimmigrants, a Labor Condition Application, and for H-2A and H-2B nonimmigrants, an Application for Temporary Employment Certification must be filed in accordance with DOL instructions. For filing instructions and other information, please see the DOL Web site at www.foreignlaborcert.doleta.gov. DOL certification is not required for the other nonimmigrant, employment-based, or investor-based visa classifications previously listed. What happens after I file a Form I-129, Petition for aNonimmigrant Worker?After you file, we will send you a receipt so you know that we havereceived your petition. If your petition is incomplete, we may have toreject it and return your fee,or ask you for more evidence or information, which will delayprocessing. We will notify you when we make a decision. If theprospective employee is in the United States in a valid nonimmigrantstatus, he or she can begin working for the employer upon approvalof the Form I-129 petition, provided that: How can an employee extend his or her status if it is aboutto expire? If it appears that an employee may be needed longer than the period for which he or she was approved in his or her current nonimmigrant status, an employer may be able to file a new Form I-129 petitionon behalf of the employee. To avoid disruption of authorized employment, employers are encouraged to file a petition to extend the employee’s status well before it expires. Note, however, that if the employee has already stayed for the maximum allowable period of time, an extension may not be granted. If I filed for an extension of status for my employee, buthave not received a decision by the time his or her statusexpires, can I continue to employ the individual? If:

Legal Authorities For A Religious Worker Eligibility Requirements For a Religious Worker Religious Worker Adjustment of Status Eligibility Requirements  The applicant has been inspected and admitted or inspected and paroled into the United States.  The applicant is physically present in the United States at the time of filing and adjudication of an adjustment application.  The applicant is eligible to receive an immigrant visa because the applicant is the beneficiary of an approved Form I-360 classifying him or her as a special immigrant religious worker. The applicant had an immigrant visa immediately available when he or she filed the adjustment of status application and at the time of final adjudication. The applicant is not subject to any applicable bars to adjustment of status. The applicant is admissible to the United States or eligible for a waiver of inadmissibility or other form of relief. The applicant merits the favorable exercise of discretion. Documentation and Evidence An applicant should submit the following documentation to adjust status as a religious worker:  In addition, a spouse or child who is filing as a derivative applicant should submit the following: Additional Information Bars to Adjustment Unless exempt, religious workers and their derivatives are ineligible for adjustment of status if any of the bars to adjustment of status apply. Religious workers and their derivatives may be exempt under INA 245(k) from some of the bars to adjustment. To qualify for an exemption, the applicant must not have accrued more than 180 days of certain immigration violations since his or her last lawful admission. If the applicant does not qualify for the exemption, then the applicant remains subject to the adjustment bars. Sunset Date Except for ministers, all other religious workers and their derivatives must adjust to LPR status on or before the designated sunset date.[USCIS Policy Manual] USCIS denies any adjustment applications based on special immigrant religious worker petitions (other than for ministers) that are pending or filed after the designated sunset date. Treatment of Family Members The spouse or child (unmarried and under 21 years of age) of a religious worker may accompany or follow-to-join the principal applicant if the spouse or child is otherwise eligible.[USCIS Policy Manual] The spouse and child may, as derivative applicants, apply to adjust status under the same immigrant category and priority date as the principal applicant.  Frequently Asked Questions About Religious Worker Visas Q: What are the first steps to receiving an R-1 visa? A: The petitioning religious organization must first file form I-129 (Petition for Nonimmigrant Worker). Workers who are visa exempt must carry a copy of the I-797 approval notice when they enter the US. Q: Can I work for another employer once I am in the US as an R-1 religious worker? A: Yes. However, the new employer must petition you for a new visa. Example, if you wanted to go work for another religious organization, they would need to sponsor you for a new R-1 visa (If the prospective employer is not a religious body, they would need to sponsor you for another type work visa). Q: Once I enter the US on my R-1 visa, am I allowed to leave and then reenter the US on my R-1 status? A: As long as the R-1 visa remains valid, you may travel to the US. However, the validity period of the R-1 visa may not be as long as the authorized period of stay. Additionally, the number of reentries that may be made on an R-1 visa varies depending on the country of citizenship of the religious worker. Time spent outside of the US cannot be recaptured. Please see the next questions for explanation. Q: I am on my R1 extension, and am about to reach the 60 month limit. I spent 6 months outside the US while holding R1 status. Do the 6 months spent outside the US count against my R1 60 month limit? A: Yes, the 6 months spent outside the US counts against your 60 month R1 status limit. Time spent outside the US while on R1 status cannot be recaptured. In other words, you cannot seek an extension of your R1 status based on your absence from the US. After the 60 month limit is reached, you must leave the US and remain outside the country for a full year before seeking R1 status again. Q: What kind of religious workers are eligible for an R-1 visa? A: Individuals seeking an R-1 visa can be members of clergy (ministers, priests, monks, rabbis, officers, etc) or classified as ‘other religious workers’ who perform religious duties directly related to carrying out the beliefs and creed of the religious organization. However, all applicants bear the burden of proof that they are a religious worker and current member of the denomination. Volunteers and other non-religious centric employees (Such as janitors, musicians, clerks, fundraisers,etc) are not eligible for R-1 status. The intending worker does not need to be currently employed by the organization abroad, but must prove they have been a member of the denomination for a minimum of two years prior to filing. Q: How long will it take to receive my visa if I am outside the US? A: It is impossible to accurately guess without knowing more information and even then it is difficult because there are a number of factors that could affect this. Consular processing times vary from office to office. Q: How can I become a permanent resident after working on an R-1 visa? A: Religious workers may seek to become US permanent residents through the Eb-4 ‘Special Immigrant: religious worker’ category. The requirements are nearly identical to that of the R1 category; with the additional requirement that the intending immigrant must have two years of full-time religious work immediately prior to filing. The intending immigrant can be self-petitioning or be petitioned by a religious non-profit organization. There is no annual cap for religious workers who fall under the ‘minister’ category, and a 5000 annual cap on all other religious workers in the Eb-4 category. Eb-4 religious workers must wait for their I-360 application to be approved before they can filed to adjust status, if already in the US. There is no labor certification process for Eb-4 religious workers, however a work

VIOLENCE AGAINST WOMEN ACT (VAWA) The Violence Against Women Act of 1994 (VAWA) and its subsequent reauthorizations amended the Immigration and Nationality Act (INA) to allow abused spouses and children of U.S. citizens and lawful permanent residents (LPRs) and abused parents of U.S. citizen sons and daughters 21 years of age or older to file their own self-petition for immigrant classification. The VAWA self-petition is filed on the Petition for Amerasian, Widow(er), or Special Immigrant (Form I-360).  An approved Form I-360 provides self-petitioners with immigrant classification as either immediate relatives or under a family-based preference category and allows them to apply for LPR status. It would then be the same as if the person had an approved I-130 petition from that family member. They can adjust status using an I-485 Application for Adjustment of Status. Who is eligible for VAWA? You may be eligible to apply for VAWA if you: 1. Be AND 2. you were abused by them. WHAT BENEFITS DOES VAWA PROVIDE? An individual who is approved for VAWA: WHAT DO I HAVE TO SHOW TO APPLY FOR VAWA? There are several requirements that need to be met and proven when applying for VAWA. You will need to demonstrate that you: