Olga is a national of India and works as a Mechanical Engineer at Boeing in H-1B status. She graduated from UW with a Master's degree in Mechanical Engineering. Her engineering career is in early stage, so she does not have many professional accomplishments. Olga lives in Seattle and would like to make it her permanent home.

Olga approached a Human Resources manager at Boeing and expressed her desire to stay in the United States permanently. The HR manager does not know much about obtaining permanent residency for Boeing employees, and contacts your firm for assistance. They request that you schedule an hour long Zoom call for May 28, 2021, with your firm, the HR manager, and Olga. They emailed you the list of their potential questions in advance of the meeting, and your supervising attorney would like you to take a lead during the call in answering their questions. Please prepare answers to their questions using the IRAC format.

 

We have heard that an employee may be sponsored by their company for permanent residency, and that there are several groups or categories of employment based (EB) immigrants. Given Olga's academic and professional credentials, please suggest one EB category which she would most likely qualify for. Please explain why you are suggesting this category. (2 points)
 

We have heard that the timing of receiving the green card varies significantly depending on the beneficiary employee's country origin. What document shall we consult to get an idea of how long Olga needs to wait to get a green card? (1 point)
 

 

If we are not able to locate and understand the resource you are suggesting in Question 2, would you please consult that resource for May 2021 and determine the cutoff date for individuals born in India for Olga's EB category? Please use the Final Action Date chart. (2 points)
 

 

We have heard that PERM Labor Certification is the very first step for some EB categories. Can you tell us what agency has jurisdiction over this process and what form must be submitted to that agency to apply for PERM Labor Certification? (2 points)
 

 

We understand we will need to define the minimum requirements for Olga's position to proceed with PERM labor certification labor market test. Olga has 6 month of job experience from her previous Mechanical Engineer job in India. Olga also has 2 years of experience working for Boeing. What shall we consider in defining the number of months/years of experience for the position? (3 points)
 

Olga speaks Hindi, and some of the engineers she works with also speak Hindi which helps Olga to accomplish some of her work tasks faster. Is it a good idea to include the knowledge of Hindi as a minimum requirement for the position for purposes of PERM labor certification? (2 points)
 

We understand that to qualify for adjustment of status, Olga should have an impeccable immigration history. We worry about this because right after graduating from her graduate school and before she received employment authorization, Olga worked at a pizzeria for 10 weeks for cash. Will this present an issue for Olga in receiving her green card? (2 points)
 

Olga has a younger sister Zainab, who came to the U.S. on B-2 visa in 2006 when she was 14. Zainab's I-94 has since expired, and she fell out of status. Zainab graduated from high school and would like to get legal status or at least employment authorization in the U.S. 1) Once Olga gets her green card through Boeing's sponsorship, will she be able to sponsor Zainab for permanent residency? (2 points) 2) If not, are there any options for Zainab to get employment authorization? (2 points)
 

One year ago, Olga was arrested for Assault in the fourth degree (assault 4) after having a fight with her boyfriend. Her charge was dismissed without prejudice, however. Will this issue come up during her immigration process? (2 points)
 

Two years ago, Olga was also arrested for and convicted of theft in the third degree (theft 3) after shoplifting at Macy's. She was sentenced to 10 days in prison. Theft 3 in Washington is a gross misdemeanor. RCW 92.020Links to an external site., Punishment of gross misdemeanor, states that a person convicted of a gross misdemeanor shall be punished by imprisonment in the county jail for a maximum term fixed by the court of up to three hundred sixty-four days. Is there any way for Olga to avoid being found inadmissible for this conviction? (5 points)