National Interest Waivers

The Kidambi Approach to Processing an Immediate Relative Petition

We are very selective when representing clients who wish to petition on the basis of a relationship as an immediate relative. Personalized service and individual attention is key to processing immediate relative petitions. We work with clients to ensure family unity is preserved and the best interest of the immigrating relative is served during the petitioning process. Call us at (203) 416-5300 for an appointment, or email us.

It is important to understand that the principal objective of the Immigration and Nationality Act is "Family Unity." High priority is assigned to this very important objective and family members of United States citizens and Permanent Residents are treated with special consideration. In fact, no numerical limitations are placed on the immigration of immediate relatives of U.S. citizens. "Immediate Relatives," include spouses and children of U.S. citizens, parents of adult U.S. citizens, and certain widows and widowers of deceased citizens and their children.

People who want to become immigrants are classified into categories based on a 'preference' system. The immediate relatives of U.S. citizens, which includes parents, spouses and unmarried children under the age of 21, do not have to wait for an immigrant visa number to become available once the visa petition filed for them is approved by the USCIS. An immigrant visa number will be immediately available for immediate relatives of U.S. citizens. The relatives in the remaining categories must wait for an immigrant visa number to become available according to the following preferences:

Sponsorship Eligibility

To be eligible to sponsor a relative to immigrate to the United States you must meet the following criteria:

• You must be a citizen or a lawful permanent resident of the United States and be able to provide documentation proving your status.
• You must prove that you can support your relative at 125% above the mandated poverty line.

If you are a US Citizen you may petition for the following foreign national relatives to immigrate to the United States; however you must be able to provide proof of the relationships:

• Husband or wife;
• Unmarried child under 21 years old;
• Unmarried son or daughter over 21;
• Married son or daughter of any age;
• Brother or sister, if you are at least 21 years old; or
• Parent, if you are at least 21 years old.

If you are a lawful permanent resident you may petition for the following foreign national relatives to immigrate to the United States; however you must be able to provide proof of the relationships:

• Husband or wife; or

Unmarried son or daughter of any age.

Some executives and managers of foreign companies who are transferred to the U.S. may qualify. A multinational manager or executive is eligible for priority worker status if he or she has been employed outside the U.S. in the three years preceding the petition for at least one year by a firm or corporation and seeks to enter the U.S. to continue service to that firm or organization. The employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer.

The petitioner must be a U.S. employer, doing business for at least one year, that is an affiliate, a subsidiary, or the same employer as the firm, corporation or other legal entity that employed the foreign national abroad. Definitions of terms relevant to this EB-1 category are found in 8 CFR § 204.5.

While the EB-1 worker of extraordinary ability may petition for himself or herself, the employer must file the petition for an outstanding professor or researcher and a multinational executive or manager.

Outstanding professors and researchers are recognized internationally for their outstanding academic achievements in a particular field. In addition, an outstanding professor or researcher must have at least three years experience in teaching or research in that academic area, and enter the U.S. in a tenure or tenure track teaching or comparable research position at a university or other institution of higher education. If the employer is a private company rather that a university or educational institution, the department, division, or institute of the private employer must employ at least three persons full time in research activities and have achieved documented accomplishments in an academic field.

Evidence that the professor or researcher is recognized as outstanding in the academic field must include documentation of at least two of the following:

1. Receipt of major prizes or awards for outstanding achievement;
2. Membership in associations that require their members to demonstrate outstanding achievements;
3. Published material in professional publications written by others about the alien's work in the academic field;
4. Participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field;
5. Original scientific or scholarly research contributions in the field;
6. Authorship of scholarly books or articles (in scholarly journals with international circulation) in the field.

The Kidambi approach to processing PERM Based Applications

When the PERM based system was first introduced, we were not among the first to file an Application under the new system! Through a quick analysis we determined that there were far too many problems to allow us to take advantage of the system right away. We waited until the program was trouble free and in August of 2005 began preparing our Clients for the new program through a careful step-by-step approach. We have successfully processed EB-2 and EB-3 applications for different positions for companies all over the U.S. Some of the PERM applications we have successfully processed to date include, Physicians, several IT Positions, Engineers, Teachers, Pharmacists, Technicians, Managers, Tennis Pros, Management Analysts, etc. Email us at This e-mail address is being protected from spambots. You need JavaScript enabled to view it. to discuss your options.

PERM Based Applications - Overview

Employers are now required to place two print advertisements on two Sundays [no requirement that they be consecutive] in a newspaper of general circulation in the area of intended employment. The ads must be placed at least 30 days prior and no more than 180 days prior to filing. Advertisements must be placed in newspapers of general circulation, or in professional journals before filing the Application for Permanent Employment Certification must:

1. Name the employer;
2. Direct applicants to report or send resumes, as appropriate for the occupation, to the employer;
3. Provide a description of the vacancy specific enough to apprise the U.S. workers of the job opportunity for which certification is sought;
4. Indicate the geographic area of employment with enough specificity to apprise applicants of any travel requirements and where applicants will likely have to reside to perform the job opportunity;
5. Not contain a wage rate lower than the prevailing wage rate;
6. Not contain any job requirements or duties which exceed the job requirements or duties listed on the ETA Form 9089; and
7. Not contain wages or terms and conditions of employment that are less favorable than those offered to the alien.

Additional Recruitment Steps:

PERM requires professional positions to undergo 3 additional steps of recruitment

Acceptable additional recruitment steps are:

1. Job Fairs
2. Employer’s Web Site
3. Job Search Engine
4. On-Campus Recruitment
5. Trade or Professional Organizations
6. Private Recruitment Agencies
7. Employee Referral Program
8. Campus Placement [If job only requires degree w/no experience]
9. Local and ethnic newspapers
10. Radio and Television Ads

The additional recruitment steps must take place no more than 180 days prior to filing. Only one of the additional steps may take place within 30 days of filing. Most H-1B positions would qualify as professional positions.

Report of Recruitment:

Employer must prepare a Report of Recruitment for each Application. The report must include details of number of hires and the number of U.S. workers rejected and lawful job-related reasons for rejection. The employer must sign the report and retain it for each application filed. The Employer is required to maintain the Report and all other supporting documents for a period of 5 years from date of filing.

Prior Application:

If you have a prior Application that was filed on your behalf and you are seeking to use the filing date from that Application, please provide us with the filing date, copy of prior application and other proof of filing like, certified mail receipt, letter from the State Workforce Agency, etc.