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For many H1B visa holders who have transitioned from F1 student status, an unexpected issue may arise when checking their I-94 records: the system still reflects their previous F1 status instead of H1B. This discrepancy can lead to confusion and potential legal complications. Below, we explore the common reasons behind this issue and provide guidance on how to resolve it.

Understanding the I-94 Record

The I-94 is an essential document that reflects a non-citizen’s most recent admission status in the United States. This record is maintained by U.S. Customs and Border Protection (CBP) and is crucial for verifying lawful status, work authorization, and eligibility for benefits.

Common Reasons for an Incorrect I-94 Status

1. I-94 Not Updated After Change of Status Approval
   When an individual applies for an H1B visa while in the U.S. through a Change of Status (COS) petition (via Form I-129), USCIS typically issues an I-797A approval notice, which includes a new I-94 reflecting the approved H1B status. However, this update may not automatically reflect in the CBP I-94 system, which continues to show the prior F1 status.
2. Consular Processing Instead of Change of Status
   If the H1B petition was approved through consular processing, rather than COS, the individual must exit and re-enter the U.S. using their H1B visa to receive a new I-94 reflecting their H1B status. Until this step is completed, the CBP system may continue to display F1 status.
3. USCIS and CBP Database Discrepancy
   USCIS and CBP operate separate systems, and sometimes the updates from USCIS (such as an approved change of status) do not immediately reflect in CBP’s records.
4. SEVIS Record Not Properly Terminated
   When transitioning from F1 to H1B, the individual’s SEVIS record should be terminated by their Designated School Official (DSO). If this does not happen properly, CBP may continue to recognize the individual as an F1 student.

How to Resolve the Issue

If you have checked your I-94 and found that it still reflects F1 status despite an H1B approval, consider the following steps:

1. Check Your I-797A Approval Notice
   If your H1B petition was approved with a Change of Status, your I-797A approval notice should contain a new I-94 at the bottom. This I-94 governs your current status, even if the CBP system does not reflect it.
2. Contact Your Employer or Immigration Attorney
   Employers and attorneys can help verify whether the H1B was approved as a Change of Status or consular processing. If there was a mistake in the petition type, corrective action may be needed.
3. Travel and Re-enter the U.S.
   If your H1B was approved through consular processing, the only way to update your I-94 to reflect H1B status is to travel outside the U.S. and re-enter using your H1B visa. Upon re-entry, CBP will issue a new I-94.
4. Request a Correction from CBP
   If your I-797A includes an updated I-94 but the online CBP system does not reflect it, you may visit a local CBP Deferred Inspection Site to request a correction. Bring your H1B approval notice and other supporting documents.
5. Ensure SEVIS Record is Closed
   If your school’s DSO has not properly terminated your SEVIS record, you should contact them and request immediate closure to avoid potential conflicts with your H1B status.

Conclusion

Having an outdated I-94 status can lead to complications with work authorization, driver’s license renewals, and other immigration-related matters. If you find yourself in this situation, it is critical to determine the root cause and take corrective action as soon as possible. Consulting with an immigration attorney can help navigate the process efficiently and ensure compliance with U.S. immigration laws.

For further assistance with I-94 corrections, H1B transitions, or other immigration matters, contact our law firm today.

Does a Concurrent H-1B Affect PERM and Green Card Applications?

Short Answer: Generally, holding a Concurrent H-1B (part-time H-1B) does not directly impact your PERM or green card application, but it may introduce complexities depending on job arrangements, USCIS scrutiny, and employer sponsorship willingness.

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Understanding USCIS Marriage Fraud Investigations

Marriage fraud is a serious offense under U.S. immigration law. The U.S. Citizenship and Immigration Services (USCIS) and Immigration and Customs Enforcement (ICE) actively investigate suspected fraudulent marriages through rigorous scrutiny. Under the Immigration and Nationality Act (INA) §204(c), a petition for a foreign spouse may be denied if there is evidence of a prior fraudulent marriage.

Marriage fraud includes:

• Entering a marriage solely for immigration benefits.
• Misrepresenting material facts to obtain a green card.
• Failing to establish a bona fide marital relationship.

Applicants and petitioners must be prepared for detailed questioning, home visits, and document verification. Violations can result in green card denial, removal proceedings, fines, and even criminal penalties.

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Key Areas of USCIS Scrutiny

To confirm the legitimacy of a marriage, USCIS officers conduct thorough reviews. Here are three primary areas they focus on:

1. Home and Living Arrangements

USCIS officers may conduct unannounced home visits, checking:

• Whether spouses live together.
• If clothes, personal items, and hygiene products are appropriately placed.
• Whether the refrigerator contains food suitable for both partners.
• Consistency in shared living spaces.

2. Personal and Financial Details

Interview questions often cover:

• The exact date and location of the wedding.
• Shared finances, such as joint bank accounts and tax filings.
• Rental agreements, mortgage statements, and utility bills.
• Documented communication, such as emails, messages, and call logs.
• Travel history, joint vacations, and celebrations together.

3. Relationship Timeline and Consistency

Discrepancies in personal history can lead to suspicion. Officers may check:

• Details of how the couple met and their first date.
• Important life events, such as birthdays and anniversaries.
• Family interactions and knowledge of each other’s relatives.
• Use of shared digital accounts and home WiFi.

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Consequences of Marriage Fraud

Violating marriage-based immigration laws carries severe penalties, including:

• Denial of Green Card & Permanent Bar: INA §204(c) prohibits approval of any future petitions if marriage fraud is determined.
• Deportation & Inadmissibility: Foreign nationals found guilty may face deportation and a permanent bar from returning to the U.S.
• Criminal Charges & Fines: Marriage fraud can lead to felony charges, with fines up to $250,000 and up to five years in prison under 8 U.S.C. §1256(c).
• Sponsor Liability: U.S. citizens or lawful permanent residents involved in fraudulent marriages can face legal consequences, including appearing on immigration fraud watch lists, which may affect future petitions.

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How to Prove a Bona Fide Marriage

A legitimate marriage requires credible documentation and consistent testimony. Couples should:

• Maintain joint financial accounts and assets.
• Document shared experiences, including photos, correspondence, and travel records.
• Keep receipts of gifts, holiday plans, and mutual investments.
• Provide affidavits from family, friends, and neighbors confirming the authenticity of their marriage.
• Be prepared for detailed interviews and home inspections.

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Why Choose Wang Law LLC?

At Wang Law LLC, we specialize in immigration law, ensuring that our clients navigate marriage-based petitions legally and successfully. Our experienced attorneys:

• Guide you through I-130 and I-485 petitions.
• Help compile strong evidence of a bona fide marriage.
• Prepare you for USCIS marriage interviews.
• Represent you in case of RFEs (Requests for Evidence) or NOIDs (Notices of Intent to Deny).
• Defend clients against wrongful fraud accusations.

If you are considering a marriage-based green card application or have concerns about USCIS scrutiny, contact Wang Law LLC today at 708-966-9999, email us at david@wanglaw.com, or visit www.wanglaw.com to schedule a consultation.

What Is Form I-140?

Form I-140, officially known as the “Immigrant Petition for Alien Worker,” is a critical step in the employment-based green card process in the United States. This petition is filed by a U.S. employer (or, in some cases, the foreign worker themselves) to sponsor a foreign national for permanent residency. The form applies to several employment-based (EB) immigrant visa categories, including EB-1, EB-2, and EB-3.

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Why Is Form I-140 Important?

Form I-140 plays a central role in the employment-based green card process:

1. Pathway to Permanent Residency: It serves as the formal request for a foreign worker to receive a green card, allowing them to live and work permanently in the U.S.
2. Eligibility Confirmation: Approval of Form I-140 demonstrates that the worker meets the requirements of the specific EB category.
3. Supports U.S. Workforce Needs: Enables employers to fill skilled positions when qualified U.S. workers are unavailable.
4. Enables Further Immigration Steps: Upon approval, the worker can file Form I-485 to adjust status to permanent resident or proceed with consular processing.
5. Provides Interim Benefits: Approval can allow for H-1B extensions and, in certain cases, job portability under INA 204(j).

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Filing Fees for Form I-140 in 2025

Base Filing Fee

• $715 for all petitioners.

Asylum Program Fee

Introduced in January 2024, this fee supports asylum processing costs. It applies to most Form I-140 petitioners and varies based on the employer’s type:

Petitioner Type	Asylum Program Fee	Total Fee
Nonprofit/Small Business	$0	$715 (base fee only)
Small Business (≤25 employees)	$300	$1,015 ($715 + $300)
All Other Petitioners	$600	$1,315 ($715 + $600)

Note: Fees are non-refundable and subject to change. Always verify current fees on the USCIS website.

Payment Tips

• Pay the base filing fee and the Asylum Program Fee separately.
• Accepted payment methods: money order, personal check, cashier’s check, or credit card (via Form G-1450).
• Make checks payable to the U.S. Department of Homeland Security (DHS).

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Processing Times and Premium Processing

Average Processing Times (FY 2025)

Processing times for Form I-140 vary by visa category and USCIS service center:

Visa Type	EB Category	Nebraska (months)	Texas (months)	Average (months)
E11	EB-1A (Extraordinary Ability)	12.5	14	13
E12	EB-1B (Outstanding Professor)	11.5	10	11
E21	EB-2 (NIW)	11	9.5	10
E31	EB-3 (Skilled Worker)	8	8	8
Schedule A	EB-3 (Nurses)	11.5	9	10

Premium Processing

• Cost: $2,805
• Processing Time: 15–45 calendar days
• Available for many I-140 categories, including EB-1C and EB-2 (NIW).

Note: Premium processing expedites the review but does not guarantee approval.

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Eligibility Categories for Form I-140

Employment-Based (EB) Categories

1. EB-1: Priority workers, such as those with extraordinary ability, outstanding professors, and multinational executives.
2. EB-2: Individuals with advanced degrees or exceptional ability.
3. EB-3: Professionals, skilled workers, and other workers.
4. EB-4: Special immigrants, such as religious workers and U.S. foreign service employees.
5. EB-5: Investors meeting job creation and investment requirements.

Self-Petitioning

• Allowed for certain EB-1 and EB-2 (NIW) categories.

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Supporting Documents for Form I-140

For Employers:

• Proof of ability to pay the offered wage (e.g., financial statements or tax returns).
• Job offer letter.
• Approved labor certification (if required).

For Employees:

• Resume or CV.
• Educational credentials (e.g., diplomas, transcripts).
• Letters of recommendation and evidence of work experience.
• Valid passport and proof of current visa status.

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Special Circumstances

Job Portability (INA 204(j))

• Beneficiaries of approved or pending I-140 petitions may change jobs if:
  • Form I-485 has been pending for 180+ days.
  • The new job is in the same or similar occupational classification.

Successor-in-Interest (SII) Employers

• In cases of mergers or acquisitions, the new employer may assume the original I-140 petition.

Withdrawing Form I-140

• Employers may withdraw the petition, but beneficiaries may retain the priority date under certain conditions.

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Key Takeaways

• I-140 approval is not a green card: It’s a step toward permanent residency.
• Priority date matters: Determines visa availability based on the Visa Bulletin.
• Benefits of approval: Allows for H-1B extensions and possible job portability.

For tailored advice and assistance with your Form I-140 filing, contact WANG LAW LLC. Our experienced team is here to guide employers and employees through the complexities of U.S. immigration law.

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This month, the U.S. Citizenship and Immigration Services (USCIS) announced significant new policy updates. Specifically, some applicants filing Form I-485 (Application to Register Permanent Residence or Adjust Status) are now required to simultaneously submit Form I-693 (Report of Medical Examination and Vaccination Record). Applications failing to include these documents may face outright denial.

Additionally, on December 10, 2024, USCIS released a new version of Form I-485. Starting February 10, 2025, USCIS will only accept the 10/24/24 version of Form I-485, rejecting any older versions.

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Major Changes to the I-485 Application Process

Change 1: Simultaneous Submission of Form I-693

On December 2, USCIS announced that certain I-485 applicants must submit Form I-693 at the same time as their application.

Purpose of the Change:
This update aims to reduce the number of Requests for Evidence (RFE), expedite case processing, and improve overall efficiency.

Submission Requirements:

• Applicants must complete the immigration medical examination and receive all required vaccinations.
• A completed Form I-693, signed by a designated civil surgeon, must be submitted to demonstrate compliance with health-related admissibility standards.
• Failure to include Form I-693 with Form I-485 could result in denial of the application.

Updated Instructions:
USCIS has revised the instructions for Form I-485 to make simultaneous submission of Form I-693 mandatory.

Vaccination Requirements:
Applicants must provide proof of the following vaccinations:

• Mumps
• Measles
• Rubella
• Polio
• Tetanus and Diphtheria (Td)
• Pertussis
• Haemophilus influenzae type b (Hib)
• Hepatitis A
• Hepatitis B
• Varicella (chickenpox)
• Pneumococcal pneumonia
• Rotavirus
• Meningococcal
• Influenza
• COVID-19

Who is Affected?

1. Applicants planning to file Form I-485 within the next six months should schedule their medical examination early and ensure accurate completion of all required forms. Delays in obtaining vaccinations may impact timely filing.
2. Applicants who filed before the new rule took effect do not need to worry excessively. USCIS will issue an RFE requesting Form I-693 if it is missing during processing.

Policy Link:
USCIS Policy Announcement

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Change 2: Only the New Version of Form I-485 Accepted Starting February 2025

From February 10, 2025, USCIS will only accept the updated 10/24/24 version of Form I-485.

Download Link for the New Form:
Download the New I-485 Form

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Change 3: Streamlined I-864 Process

Previously, certain applicants were required to submit Form I-864 (Affidavit of Support). USCIS has now streamlined this process by incorporating the affidavit into the new version of Form I-485. Applicants no longer need to submit a separate Form I-864.

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Change 4: Clarified Public Charge Assessment

The new form enhances public charge evaluation by requiring applicants to clearly indicate their application category. This change aims to improve efficiency by helping USCIS quickly determine whether an applicant is subject to public charge provisions.

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Conclusion

These policy updates introduce significant changes to the I-485 application process. Applicants should stay informed, ensure all required materials are prepared, and submit their applications in compliance with the new rules. For any questions or assistance, contact Wang Law LLC for professional immigration legal services.

Navigating the immigration process can be a daunting task, even for those who are familiar with it. Beyond the financial burden and lengthy wait times, one of the most significant challenges is gathering and accurately translating the required documents.

Common Immigration Documents That Often Require Translation

Immigration applications rely heavily on supporting documentation tailored to the visa type. Here are 20 common documents that typically need translation before submission:

• Passport
• Diplomas or educational certificates
• Birth certificates
• Marriage certificates
• Divorce decrees
• Criminal records
• Published works
• Academic transcripts
• Property deeds
• Employment records
• Tax returns
• Bank statements
• Reference letters
• Driver’s licenses
• Medical records
• Adoption papers
• Financial affidavits
• Military service records
• Immigration history documents
• Police clearance certificates

Compiling these documents can be overwhelming, and ensuring their accurate translation is equally critical. By understanding which documents are required for your visa type, you can better prepare and streamline the translation process.

Identifying Required Translations for Your Application

The first step in preparing immigration translations is determining the documents your application requires. The necessary evidence depends on your visa type, which typically falls into the following categories:

• Family-Based Visas: For spouses, children, parents, siblings, or widowed spouses of U.S. citizens or green card holders.
• Employment-Based Visas: For individuals with specialized skills, extraordinary abilities, or significant investments in U.S. job creation.
• Diversity Lottery Visas: For applicants from countries with historically low immigration rates to the United States.
• Humanitarian Visas: For refugees, asylum seekers, and victims of abuse or trafficking.

Each visa category may require different documentation, so consulting an immigration attorney or the U.S. Citizenship and Immigration Services (USCIS) resources can help ensure you’re on the right track.

Why Certified Translations Are Necessary

USCIS mandates that all foreign-language documents submitted with applications must be accompanied by a certified translation. Certification ensures the translation is complete, accurate, and performed by someone qualified to translate between the source language and English. Submitting uncertified translations can result in costly delays, additional evidence requests, or even rejection of the application.

Should You Work with a Professional Translation Partner?

While individuals or family members proficient in both languages may attempt translations, working with a professional translation service can significantly reduce risks. A trusted translation partner is familiar with USCIS standards, formatting requirements, and the precision needed to avoid delays.

A professional service also ensures consistency across all documents. For instance, inconsistent translations of terms such as “software engineer” (e.g., translating it as “coder” or “systems developer”) can create confusion and unnecessary complications during review. Translation services provide continuity and reliability, especially for complex cases.

Leveraging an Advanced Translation Management System

An effective translation management system can simplify the handling of large, multilingual projects. These platforms streamline workflows, centralize document tracking, and maintain consistency across all materials. By automating repetitive tasks and optimizing resource allocation, translation systems save time and reduce costs while ensuring high-quality results.

With the right tools and expertise, managing the translation of immigration documents becomes far less stressful. A well-organized approach ensures that your application meets all requirements, allowing you to focus on the next steps in your immigration journey.

ATA‘s Language Services Directory includes more than 7,000 individuals and companies offering professional translation and interpreting services. https://www.atanet.org/directory/

Recently, a client left a message on our Wang Law LLC website, asking about the following issue: When she married her current husband, her daughter was under 18 years old. At that time, her husband was a green card holder and filed an I-130 form for both her and her daughter, with her daughter listed as a derivative beneficiary. Now, her husband has become a U.S. citizen, and their visa priority date has been reached. However, her daughter’s information is not visible in the National Visa Center (NVC) application. She wants to know if this is an error and what steps to take next.

Let’s break down this case and provide a solution.

1. Establishment of Stepchild Status

The client’s daughter was under 18 when she married her current husband, meaning her daughter qualifies as a stepchild under U.S. immigration law. Whether the stepfather is a green card holder or a U.S. citizen, he can file an immigration petition for the stepchild, and the process is the same as for biological children.

2. Green Card Holder Filing an I-130 Petition

When the client’s husband was still a green card holder, he filed an I-130 petition for both the client and her daughter. This was permitted because a green card holder can file one I-130 form for both the spouse and their unmarried children under 21 years old, with the spouse as the primary beneficiary and the children as derivative beneficiaries. This approach simplifies the process and reduces the number of forms and fees.

3. Issue: The Green Card Holder Becomes a U.S. Citizen

Now that the client’s husband has become a U.S. citizen, a problem has arisen. Under U.S. immigration law, green card holders can include children as derivative beneficiaries on the spouse’s I-130 petition. However, U.S. citizens must file a separate I-130 petition for each family member. This means that while the client (the spouse) can continue with the original I-130 petition, her daughter no longer qualifies as a derivative beneficiary. This is why her daughter’s information is not appearing in the NVC visa application.

4. Solution: File a Separate I-130 for the Daughter

Since the client’s husband is now a U.S. citizen, he must file a separate I-130 petition for the daughter. While this means starting the process over for the daughter, she can still immigrate to the United States. However, this new application will go through the full review process, which may take a year or longer.

5. Potential Risk: The Child’s Age

A critical point to consider is if the daughter is already 21 or will turn 21 before the new I-130 petition is processed. If she turns 21, she will no longer qualify as an “unmarried child under 21” and will be classified as an “adult child.” This classification will significantly extend the waiting time, potentially up to several years. Currently, the wait for adult children can be as long as seven years.

6. The Application of the Child Status Protection Act (CSPA)

In this case, the client’s husband should work with an immigration lawyer to assess whether the Child Status Protection Act (CSPA) applies to the daughter’s case. The CSPA helps prevent children from “aging out” due to delays in the immigration process. Here’s how CSPA could apply:

• Calculating the CSPA Age: The CSPA age is calculated by subtracting the time it took USCIS to process the I-130 petition from the child’s actual age. For example, if USCIS took two years to process the I-130, the daughter’s CSPA age could be reduced by two years.
• Unmarried Status: CSPA only applies to unmarried children. Therefore, it is crucial that the daughter remains unmarried throughout the immigration process.
• Submitting Additional Documentation: If CSPA protection is confirmed, the lawyer should submit additional documentation to USCIS or the NVC proving that the daughter qualifies for CSPA protection. This documentation includes the I-130 approval notice, the CSPA age calculation, and proof of the child’s unmarried status.
• Submitting a CSPA Request: If the NVC did not automatically recognize the daughter’s CSPA eligibility, the lawyer can submit a request to the NVC, including legal and factual evidence showing that CSPA applies.

7. Timely Filing of a New I-130 Petition

Even if CSPA applies, it is advisable to file a new I-130 petition for the daughter as soon as possible. This is a precautionary measure in case the CSPA does not fully protect the daughter’s eligibility. Having a new petition in the pipeline can help avoid further delays.

Conclusion:

The issue in this case arose due to the husband’s change in status from green card holder to U.S. citizen, which caused the daughter to lose her derivative beneficiary status. The solution is to file a separate I-130 petition for the daughter while also seeking CSPA protection to minimize delays. As immigration lawyers, you can help the client ensure that her daughter’s rights are protected through careful evaluation and prompt action.

If you are facing similar family immigration issues, feel free to consult Wang Law LLC for professional guidance and assistance in ensuring your immigration applications proceed smoothly.

Federal and provincial immigration officials are currently discussing major changes to the Post-Graduation Work Permit (PGWP) eligibility criteria. The PGWP is an open work permit available to international students who have completed an eligible program of study at a Designated Learning Institution (DLI) in Canada.

According to notes from the IRCC Deputy Minister Transition Binder 2024, Canada’s immigration system aims to align the issuance of PGWPs with labor market needs. This alignment will facilitate “access to work permits for students entering occupations in shortage, while reducing access for graduates from other programs.”

The IRCC Binder indicates that advice on this issue will be provided by the Minister in spring 2024, with the goal of implementing changes by January 2025. This direction was also highlighted in an internal survey document from Immigration, Refugees and Citizenship Canada (IRCC), which outlines methods to align educational programs with PGWP availability and solicits feedback from stakeholders.

Implementation of New PGWP Restrictions

While exact implementation details are not yet known, internal survey documents reveal some insights. IRCC and Employment and Social Development Canada (ESDC) have mapped job titles to programs of study to understand which educational programs provide international students with relevant skills for in-demand sectors of the Canadian economy. This mapping synchronizes Canada’s National Occupation Classification (NOC) system with the Classification of Instructional Programs (CIP) system.

Rationale for Changes to the PGWP Program

The goal of aligning PGWPs with labor market needs is to facilitate work permits for students entering occupations in shortage while reducing access for graduates from other programs. The PGWP program, last updated in 2008, saw a 214% increase in work permits issued between 2018 and 2023. Additionally, IRCC’s recent announcement of temporary resident levels and an international student cap further underscores the government’s intent to prioritize permanent residents and citizens in the workforce and alleviate stress on social systems such as healthcare and housing.

Immigration Implications

Gaining Canadian work experience through the PGWP is crucial for international graduates to build eligibility for various permanent residence (PR) programs. Many federal and provincial economic PR programs require at least one year of relevant work experience. The proposed changes to the PGWP program could impact the immigration prospects of current and future international students in Canada.

This is a developing story, and updates will be provided as they become available.

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For more information, you can visit the official IRCC website.

Who Can Apply to be a Live-In Caregiver?

Canada’s Live-In Caregiver Program (LCP) is designed for foreign nationals who wish to be employed by a Canadian citizen as a caretaker or nanny for their children, elderly individuals, or people with disabilities within the home. This program provides a direct pathway to permanent residence. After gaining two years of experience with an LCP work permit, foreign nationals can apply for permanent residence.

Eligibility for the Live-In Caregiver Program

To be eligible for the Live-In Caregiver Program, applicants must:

– Have a valid work permit, have applied to extend their work permit, or have applied to restore their status as a worker in Canada.
– Possess work experience in Canada as either a Home Child Care Provider or a Home Support Worker.
– Have at least one year of full-time work experience since November 30, 2014. This experience can be cumulative rather than continuous but cannot include work experience obtained while studying.
– Be employed in a job that matches the National Occupational Classification (NOC) code’s listed duties.
– Have language skills equivalent to Canadian Language Benchmark (CLB) 5 or NCLC (French) 5 in all four areas: reading, writing, speaking, and listening.
– Have a minimum Canadian high school diploma or an equivalent foreign diploma, certificate, or credential.

 Rules to Follow When Working in the LCP

While working as a Live-In Caregiver, foreign nationals must adhere to the following rules:

– Provide at least 30 hours of full-time care per week to children under 18 years of age, a person with disabilities, or an elderly person in the home.
– Live and work professionally in the home without supervision or help.
– Meet all requirements set by Immigration, Refugees and Citizenship Canada (IRCC) and Employment and Social Development Canada (ESDC), including:
– Demonstrating fluency levels to communicate and live independently in an unsupervised environment.
– Receiving full-time training for at least six months, or having worked for at least one year as a full-time caregiver or in a related occupation within the last three years.

How to Apply for the Live-In Caregiver Program

The Live-In Caregiver Program is currently closed to new applicants. If you do not already have an LCP work permit and wish to work as a caregiver in Canada, you must apply for a regular work permit.

You can only hire a caregiver through this program if you have:

– Found a caregiver who already has a work permit in the Live-In Caregiver Program and is looking for a new employer.
– Been approved for a Labour Market Impact Assessment (LMIA) that shows the caregiver has agreed to live in your home.

Applying for Permanent Residence as a Live-In Caregiver

You may be eligible to apply for permanent residence in Canada under the Live-In Caregiver Program if you meet the following requirements:

– Have worked for at least two years of authorized full-time live-in employment in Canada, or
– Have worked 3,900 hours of authorized full-time live-in employment, including up to 390 hours of overtime. This experience must be acquired within four years of your date of arrival.

Your application may be affected if:

– You, your spouse or common-law partner, or any of your family members have a criminal record, a serious medical problem, or pose a security risk.
– You did not provide truthful information to IRCC.

 Other Options for Becoming a Caregiver in Canada

Home Child Care Provider Pilot

Home child care providers assist busy parents by looking after children and may also help with household duties. Care can be provided either in the employee’s home or the employer’s home.

This pilot is open to applicants interested in roles such as:

– Babysitter
– Au pair
– Live-in child caregiver
– Private home child caregiver
– Nanny
– Parent’s helper
– Foster parent
– Child caregiver in a public setting such as a gym or shopping centre

 Home Support Worker Provider Pilot

Home support worker providers assist senior citizens, people with disabilities, and individuals undergoing rehabilitation. Responsibilities include preparing meals, feeding, bathing, changing dressings, administering medications, and performing routine housekeeping duties.

This pilot is open to applicants interested in roles such as:

– At-home attendant for persons with disabilities
– Family caregiver
– Home support worker
– Housekeeper
– Live-in caregiver for seniors
– Personal aide (home support)
– Personal care attendant (home care)
– Respite worker (home support)
– Doula
– Home visitor (infant care)

Home Child Care Provider Pilot

Who Can Apply for the Home Child Care Provider Pilot?

The Home Child Care Provider Pilot is a five-year pilot program that allows qualified caregivers and their family members to come to Canada with the goal of becoming permanent residents.

If you have been offered a job in Canada as a caregiver or have experience working in Canada as a caregiver, you may be able to apply for permanent residence through the Home Child Care Provider Pilot. Check the requirements to see if you are eligible.

**NOC 4411 – Home Child Care Provider**

Eligibility Requirements for the Home Child Care Provider Pilot

You will be eligible to apply for the Home Child Care Provider Pilot if you have:

– Enough work experience
– The required language level
– The necessary education credentials
– Admissibility to Canada
– A plan to live outside the province of Quebec

**Work Experience Requirement**

You must have at least 24 months of full-time work experience in Canada in the 36 months before you apply.

Depending on which pilot you apply for, your work experience must be in one of these National Occupational Classification (NOC) jobs:

– Home Child Care Provider (NOC 4411):

– You must care for children under the age of 18 in your own home or in your employer’s home.
– You don’t need to live in your employer’s home to qualify.
– Experience as a foster parent doesn’t count.

Language Level Requirement

You need to take a language test to prove you meet the minimum language skills.

To measure your English or French skills, we use:

– Canadian Language Benchmarks (CLB) for English
– Niveaux de compétence linguistique canadien (NCLC) for French

The minimum language skill is CLB 5 in English or NLCL 5 in French for all four language skills:

– Writing
– Reading
– Listening
– Speaking

Education Requirement

You must have a completed post-secondary education credential of at least one year in Canada. If you do not have a Canadian education credential, you need to get your foreign education credential assessed to show that it is equivalent to a completed Canadian post-secondary education credential of at least one year.

How to Apply for the Home Child Care Provider Pilot

The application process for the Home Child Care Provider Pilot varies depending on your situation and the amount of qualifying work experience you have. Choose the category that fits your situation to find out how to apply:

– No Qualifying Work Experience: You have never worked full-time in Canada as a caregiver.
– Less Than 24 Months but Some Experience:** You are working or have worked full-time as a caregiver in Canada but do not have 24 months of experience yet.
– At Least 24 Months of Qualifying Work:  In the last 36 months, you have worked full-time as a caregiver in Canada for a total of at least 24 months.

Home Support Worker Pilot

Who Can Apply for the Home Support Worker Pilot?

The Home Support Worker Pilot is a five-year pilot program that allows qualified caregivers and their family members to come to Canada with the goal of becoming permanent residents.

If you have been offered a job in Canada as a caregiver or have experience working in Canada as a caregiver, you may be able to apply for permanent residence through the Home Support Worker Pilot. Check the requirements to see if you are eligible.

NOC 4412 – Home Support Worker

Eligibility Requirements for the Home Support Worker Pilot

You will be eligible to apply for the Home Support Worker Pilot if you have:

– Enough work experience
– The required language level
– The necessary education credentials
– Admissibility to Canada
– A plan to live outside the province of Quebec

Work Experience Requirement

You must have at least 24 months of full-time work experience in Canada in the 36 months before you apply.

Depending on which pilot you apply for, your work experience must be in one of these National Occupational Classification (NOC) jobs:

– **Home Child Care Provider (NOC 4411):**
– You must care for children under the age of 18 in your own home or in your employer’s home.
– You don’t need to live in your employer’s home to qualify.
– Experience as a foster parent doesn’t count.

Language Level Requirement

You need to take a language test to prove you meet the minimum language skills.

To measure your English or French skills, we use:

– Canadian Language Benchmarks (CLB) for English
– Niveaux de compétence linguistique canadien (NCLC) for French

The minimum language skill is CLB 5 in English or NLCL 5 in French for all four language skills:

– Writing
– Reading
– Listening
– Speaking

Education Requirement

You must have a completed post-secondary education credential of at least one year in Canada. If you do not have a Canadian education credential, you need to get your foreign education credential assessed to show that it is equivalent to a completed Canadian post-secondary education credential of at least one year.

How to Apply for the Home Support Worker Pilot

The application process for the Home Support Worker Pilot varies depending on your situation and the amount of qualifying work experience you have. Choose the category that fits your situation to find out how to apply:

**No Qualifying Work Experience:** You have never worked full-time in Canada as a caregiver.
– **Less Than 24 Months but Some Experience:** You are working or have worked full-time as a caregiver in Canada but do not have 24 months of experience yet.
– **At Least 24 Months of Qualifying Work:** In the last 36 months, you have worked full-time as a caregiver in Canada for a total of at least 24 months.

Why Seek Professional Immigration Help?

The LCP application process can be very complex, time-consuming, and difficult. It is essential to get professional immigration help if you are considering applying for Canadian visas. The last thing you want is to be told your application is refused after months (or sometimes years) of waiting.

Are You Interested in Immigrating to Canada as a Caregiver?

We have over 18 years of experience and have helped thousands of people immigrate to Canada. We are confident we can help you too!

Obtaining a US criminal record check is crucial for immigration applications. Below is a detailed DIY guide that will walk you through the process step by step, helping you move closer to your immigration goals.

Steps:

1. Visit the FBI Official Website:

• Open your browser and go to the FBI’s official website: https://www.edo.cjis.gov/#/
• Enter your email address in the designated field on the right side of the page.

2. Obtain a PIN Code:

• Wait for the email containing your Personal Identification Number (PIN) to arrive.
• Make a note of your PIN for use when filling out the application form.

3. Fill Out Personal Information:

• Complete the required fields with accurate personal information on the FBI website.

4. Make Payment and Print Confirmation:

• After completing the personal information, proceed to make the required payment of $18.
• Once payment is made, you will receive a confirmation email. Be sure to print and keep it safe.

5. Download and Fill Out Fingerprint Collection Application Form:

• Visit the following link to download the fingerprint application form and related instructions: https://www.edo.cjis.gov/artifacts/standard-fingerprint-form-fd-258-1.pdf
• It is recommended to print multiple copies of the form for future use.

6. Collect Fingerprints:

• Following the instructions on the application form, collect fingerprints from all fingers of both hands.
• Ensure that the fingerprints are clear and legible, following the specified method of collection.

7. Mail Fingerprint Card and Confirmation:

• Mail the completed fingerprint card to the designated FBI address:
  FBI CJIS Division – Summary Request
  1000 Custer Hollow Road
  Clarksburg, WV 26306
• Once mailed, await confirmation from the FBI regarding receipt of your application. Typically, they will send an electronic version of the criminal record check within 3-5 working days, while the paper version may require some additional waiting time.

Additional Tip: For any inquiries regarding the application process, you can visit the FBI’s official website’s Criminal Record Checks page (https://www.fbi.gov/services/cjis/identity-history-summary-checks), where comprehensive application FAQs are available for reference.