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Success Stories: PERM for an Operations Director Approved

This client with our immigration law firm has a tower crane service company and needed to fill the position of operations director. There are not many people in the world who qualify for this position where safety is at stake. Therefore, the employer was willing to go through a PERM process to advertise the position in the Sunday newspaper, at a job fair, on the employer website, and at the job search site according to strict regulations. The employer received over 200 applications, but no applicant was willing, able, qualified, and ready to take the job.

PERM for Operations Manager

We submitted the application for permanent employment certification to the US Department of Labor. Originally, the US Department of Labor erroneously concluded that one applicant met the qualification requirements, but we showed that that applicant had no connection to the US and was not a US worker who this process is designed to protect. The application was certified and we can now file the petition and green card application to complete the green card process through an employer.

Please note that this article does not constitute legal advice.  We simplified the law to show a case study about one aspect of the EB-3 process, the green card process through employment.  If you would like to discuss if you qualify for an EB-3 green card based on your employment, schedule a consultation with an experienced immigration lawyer in Scottsdale, AZ, or call the Juras Law Firm, PLC office at 480-425-2009! We look forward to talking with you!

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Can you get a permanent marriage green card if you get divorced?

?I am seeing this question often.   Sometime after the marriage green interview, the conditional green card holder contacts my office and tells me that the marriage is not working out for numerous reasons.  It may be a physical or emotion abuse, infidelity, etc.   The conditional green card holder is worried what will happen with his or her permanent green card.

One example is a client of mine who was planning to relocate to live with her new husband in his city of residence.   Having three children, this move required a lot of coordination – finding a job, schools for her kids, saving money, etc.  When she was finally ready to move, she found out that her husband found someone else.  At the end, I was still able to get her the permanent green card because she entered into a marriage in good faith.

As long as the marriage was entered in good faith, the conditional resident may have her or his conditions removed and get her or his permanent green card. 

Please note that this article does not constitute a legal advice.  We simplified the law to outline one aspect of the marriage green card process and removal of conditions on residence.  If you would like us to obtain a marriage green card or need help with the removal of conditions on residence, call our experienced marriage green card attorney at 480-425-2009 or schedule your consultation online

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National Interest Waiver approved for Senior Power System Engineer

It is great to see another National Interest Waiver (NIW) case approved. The National Interest Waiver is only available for members of professions holding advanced degrees or aliens of exceptional ability. The advantage of the NIW is that the foreign national can self-petition and does not need a job offer, test the market, and obtain a labor certification.

To get the NIW approved, we have to show three (3) criteria: (1) that the foreign national’s proposed endeavor has both substantial merit and national importance; (2) that (s)he is well-positioned to advance the proposed endeavor; and (3) that, on balance, it would be beneficial to the U.S. to waiver the job offer and labor certification requirement. The foreign national must also show that (s)he “otherwise merits a favorable exercise of discretion” because the NIW is discretionary.

In this case, our client is a Senior Power System Engineer and has worked for power utility companies abroad and in the U.S. With respect to the first criterion, we documented his research and implementation of practical solutions to protect national power grid from an unauthorized access and terrorist threats. The national power system is one of the national interest assets a nation has and its operation, safety and security is the key to the economy and people’s well-being. 

Our client also made important contributions towards energy efficient systems. His research led to a new software tool used to estimate energy efficiency of induction motors. He made contributions toward a new way of bench marking industrial systems in his country. He also made contributions to wind energy conversion systems. The energy efficiency and renewable energy systems are important areas of the U.S.’s national interest. We were able to establish that his achievements have both substantial merit and national importance and satisfy the first criterion.

With respect to the second criterion, we established that our client has demonstrated a history of achievement in the field of Power Systems (in the area of electric machine efficient design and controls, power system modelling, analysis and stability and power grid protection and controls for safe and resilient operating) with some degree of influence in the field as a whole.  Further, his past accomplishments have set him apart from his peers and other professionals in the field.  The overwhelming evidence established that his work has had and will continue to have a nationally significant impact and is well positioned to advance his contribution in the area so critical to national economy and safety.   Accordingly, the second criterion was met.

We were also able to establish the third criterion, that on balance, it would be beneficial to the U.S. to waive the job offer and labor certification requirements, and that he otherwise merits a favorable exercise of discretion. The field of Power Systems is unique in the sense that involves large and complex systems that harmoniously work together to generate, transmit and distribute reliable power on large areas at national level and even internationally.  The advancement of new technologies in all fields requires power systems engineers to stay up to speed when it comes to the application of new concepts. This makes the power systems engineering field very challenging and only a few get to the point to fully understand the complexity and the level of detail required to design, install, test, commission, operate and monitor such systems. Therefore, there are fewer and fewer experts that could undertake the challenges of a more and more complex power grid.  Our client is one of those few and we can’t wait to see what he can accomplish now with his green card. Congratulations!

Please note that this article does not constitute legal advice.  We simplified the law to outline the NIW process.  If you would like to discuss if you may qualify for the National Interest Waiver, schedule your consultation here: https://calendly.com/irena-3/30min or call an experienced NIW attorney at 480-425-2009 to schedule a consultation. We will be happy to discuss the best course of action and how we can help you obtain a legal permanent residence in the United States.