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About Ramin Delavari

HIB VISA IS ABOUT FINDING THE RIGHT SPONSOR OTHERWISE IT WILL FAIL AS EXPLAINED BY DELAVARI IMMIGRATION SERVICES | RAMIN DELAVARI

Our goal is to provide you with professional, competent and experienced service which will help you accomplish your personal immigration goals.

Delavari Immigration Services with twelve years experience was established by its owner , Mr.Ramin Delavari, to provide prompt and professional assistance to investors wishing to migration to United States.

Ramin Delavari is an ethical and experienced immigration consultant. He will answer your questions and tell you honestly if you have the elements necessary to start a case. He is very accessible and will personally answer your questions and provide you with the help you need.

An immigration consultant is often considered to be an expert in the field of immigration but without a law degree. Therefore with considering these information please note that Mr.Ramin Delavari is Registered Immigration Consultant. 

If you have any questions as to whether you qualify for any particular visa, please contact us to get helpful information.

H1B for Iranians

    1. DOL will only issue if it thinks job market is not going to be hurt and that no other qualified individual can be found.
    2. Employer applies for ETA-750 which is labor certificate with local state job service which is part of DOL>
    3. The application needs statement from both employer and beneficiary as to what the job is about and qualifications.
    4. The employer must show that he was unsuccessful finding.
    5. prevailing job rate
    6. advertised  and told other employees
    7. described the job in particularities
    8. requirements of the job
    9. job must be the same as those to Americans.
    10. the employment service once get the application for labor certificate sees if job was offered at prevailing wage and then pots on Internet for 20 days
    11. at the same time employer must also adversities in newspapers and journals.
    12. labor certificate will be issued only if the recruitment fails.
    13. local employment service will forward to regional office of deparmtn of labor for final determination.
    14. ETA-750 with official stamp
    15. CIS will review the petition, fraud misrepresentation adequate qualifications or inability to pay the offered wage.
    16. notice of finding and 30 days,
    17. certificate deinal
    18. board of alien labor certification appeal 2 years
    19. federal court
    20. index of job titles and excessive requirements.
    21. labor certificate will be denied if the non-citizen is self employed or the job has not been posted for other qualified workers.
    22. genuine work relationship must exist which has 2 tests:
      1. Shame to give HIB
      2. inseparability test (person must be separable from corporate) must be able to op-orate without him,
    23. Court said reliance on foreigner wont work since you will not look for locals.
    24. Petition must be permanent position.
    25. You can change job if you are waiting for the approval of your adjustment based on employment to Green Card
      1. Application pending for more than 180 days
      2. the new job in the same category
    26. Reduction in Requirement:  
      1. advertise for 6 months if nothing then apply for labor certificate.
      2. at least 2 newspapers (document your efforts)
      3. special handling, a labor certificate will be issued for college professors and persons and personal of extra ordinary ability if you can proof no U.S person exists to fit the category.
    27. Schedule A:  
      1. Low shortage professional like Physical Therapist, Nurses, persons of extra ordinary ability can get away without Labor Certificate. But also qualify preference
      2. schedule A people ETA-750 is submitted directly to USCIS along with preference petition.  the decision is final and no review is available.
    28. Schedule B included unskilled workers like driver, janitors, clerks, unless you get a special weaver from the DOL.

    1. Self-Petitioning
    2. most people need sponsor unless you belong to 1st preference don't try
    3. 2nd preference needs a national interest weaver
    4. widow of U.S citizen can (must be done in 2 years of being widowed)
    5. south east Asia: 1982
    6. investors can
    7. battered spouses of child of U.S citizen and permanent residence can
      1. (women against violence act of 1994 and 2000 condition is are that;
      2. you must be in U.S and that you must have lived with that that person at some point and
      3. you must be in good moral character
      4. must also show that marriage was entered in good faith and that
      5. extreme cruelty was done on them.
      6. must be done in 2 years within if
        1. the abuser died or lost citizenship,
        2. lost green card because of domestic violence or
        3. the marriage was terminated because of the abuse.
        4. they need police report, photographs and witness and does not need to show that leaving U.S would create hardship

    1. Affidavit of Support
    2. all family based and some employment based
    3. he sponsor must be domiciled and income of over %12
    4. to prove public charge.
    5. this is a contract between petitioner and U.S government unless
      1. the petitioner worked for 10 years or
      2. become citizen. .
    6. if problem co-sponsor is needed. also sponsors tax returns are need
    7. also available for people who's immediate relative does not want to sponsor them.

    1. Priority Dates
    2. Date of approval of the petition is the priority dates.
    3. for family based this is the date when the relative files I-130 or I-360
    4. for employment the priority date is the date that the request is actually filed.
    5. when no labor certificate is needed then the date becomes when the I-140 or 1360 is filed.
    6. date depends on your country and immigrants priority date.  it may take 10 years.
    7. priority date is retained even if the category changes no matter if age turns 21, marital status or sponsor becomes naturalized.
    8. child  status protection act of 2002:  
      1. says that you will not loose your immediate preference category just because you turn 21 or marry because there was a lot of problem about this.,

    1. Processing for immigrants outside the U.S
    2. once the petition is approved by USCIS then it is sent to National Visa Center and they send it to the consulates for them to make the final decision.
    3. when the visa number becomes available, NVC send a packet of information to the applicant and notifies the consulate.
    4. If visa number yet not available, then NVC informs the client that waiting list is placed.
    5. When the visa number becomes available, DS-230 must be filled out which is a biography information and send it to NVC with fee.  At the same time, the sponsor must complete the affidavit of support for the beneficiary. and send it to NVC.  
    6. Assembly of of documents like resent these document to the officer at the interview.
      1. birth certificate, marriage,
      2. police clearance from any country you lived for more than 1 year since age 26 and any prison or military record and p
    7. NVC reviews DS-230 and affidavit for correctness and sends them to consulate.
    8. the consulate calls you for interview and asks you to get medical exam to complete DS-230
      1. Consulate conducts interview, check criminal and if OK asks you to sign under Oath.
      2. consul then rules.
      3. will issue denial letter if denied.
      4. The state department may also review denials but only to interpret the law, it is only advisory to the consulate.
      5. have 1 year to overcome objections or the entire case is gone and start anew.  burden of proof to establish eligibility is always on the client.
    9. Issuance of the visa and admission
    10. if consul rules in favor, immigrant visa issued which is OF-155A envelope.
      1. consulates approval,
      2. completed application form DS-230 and
      3. documents to identify the applicant category, classification and eligibility.  
    11. this visa allowed the immigrant to stay in U.S for 6 months and
      1. no extension possible beyond that.
      2. 3 years for adopted child.
      3. Numerical not required: qualification needed, if you cant travel because of beyond control,  new immigrant visa will be issued.
      4. Numerical Required:,
        1. as long as the visa issued in the same fiscal year as the original visa and the visa number was
        2. not returned to the department of state.
    12. upon arrival, the officer in airport find the immigrant inadmissible, removal proceeding are placed.detained.
    13. if admissible, takes the visa as permanent record of admission and issued I-551 (Green Card) which must be renewed every 10 years.

    1. Permanent Resident Procedure for those in U.S already
    2. 50% of all those who have been granted Green Card are visa adjustment.
    3. the wait is the same


 

 
 
 
 
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