Illegal Workers

ADJUSTMENT OF STATUS IN THE U.S.:
FOR ENTRANTS WITHOUT INSPECTION OR OVERSTAY

Under the Life Act, Section 245(i) of the Immigration and Nationality Act, persons who applied before April 30, 2001 for Labor Certifications and/or family based petitions and who were present in the U.S. on and after December 21, 2000 are qualified to apply for adjustment of status, despite having entered the country without visa or overstayed their authorized stay.

The Labor Certification requires proof that the employer is unable to find a qualified and available worker in the job category requiring skills not readily available in the U.S.
An approval recruitment process which requires advertising in a newspaper of general circulation is required. The employer must demonstrate the ability to pay the prevailing salary approved by the Department of Labor, and the employee must demonstrate the previously held skills and education are relevant to qualify for the position.

Illegal Imigrate Workers

Neither illegal overstay nor illegal entry will prohibit adjustment of status as long as a preference petition or a Labor Certification that was approvable when filed before April 30, 2001 is shown.

Please call us for evaluations, regarding the labor certification, the preference, or police clearances.



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