Former Visa Officer interview – EB3 program Green Card

good morning everyone we are glad to be back btv solutions offices you guys asked for it we are here to make a truth make it a reality we are right now doing some series of interviews one of them is with chris Krissi’s brand new employee BBB Solutions employee he’s gonna introduce himself he’s gonna say something about his background what is what he does he’s gonna talk a little bit about eb-3 some of the legal side of the process he what I know what I understand is you are an immigration attorney you have a lot of experience working for the government so good morning Chris Chris and welcome – thank you guys so much my name is Chris Richardson I am the general counsel here at bdv solutions I’m an immigration attorney and but before that I was with the State Department I worked overseas as a visa officer I worked in Nigeria Nicaragua Pakistan and Spain and I did visas in all of those countries I did about 20,000 visa interviews including hundreds of eb-3 visa interviews and before that I was also an immigration attorney and so I was an immigration attorney I went for the government and now I’m back doing immigration law and so I’m gonna talk a little bit about the the eb-3 program and answer some of the questions Chris tell us a little bit about what is the value that I immigrant can see in the eb 3 process I think with the eb 3 process this is a unique opportunity to come to the United States and work and really fulfill the American dream I think that when I was with the embassy and outside of the embassy I met thousands of people who took part in this program and through this program they were able to come to the United States work take put their kids in school it’s a really great opportunity and it doesn’t go through the troubles that other visa categories require and demand and so in reality the eb-3 program is an opportunity both for American jobs and employers who are looking for hard workers but it’s also a great opportunity for for workers who want to establish themselves and come here to the United States can you tell us a little bit of what are the risk the eb-3 immigrants can have when they are through the perineum when they are inside the process so some of the risks that come with eb-3 program are that it’s possible that when you’re in the process you can be denied and not get the visa but the vast majority of these people do end up getting approved there are obviously a lot of questions about the program and there’s a lot of myths and rumors out there and what I can tell you about the program from being within the State Department and outside of the State Department is that that the process and program are perfectly legal I’ve interviewed again when I was a visa officer I interviewed hundreds of these eb-3 peoples with no problems now that isn’t to say that there are there are no problems in some countries there were you know fraudulent cases and people who committed fraud and unfortunately that poisoned the well for a lot of officers and that’s hurt other applicants but that’s something that we’re all I think working through and that’s why it’s actually important to have consultants and attorneys who who guide you and help you through this there’s these difficult processes and so while it is possible that your case could be denied you know for the most part you know everyone who works on these issues are working really hard to get them approved what are the main reasons a process eb-3 process can be denied when I was an officer generally the times when we would deny in eb-3 or when there was strong evidence of fraud when there was strong evidence that a consultant or an employee or a worker actually paid for the job to be created in the United States when we had solid evidence of that factor then we would seek what we call a revocation of that visa generally when you see evidence that the employer in the United States received money from the employee or the foreigner that’s generally sufficient evidence for denial but and that’s the primary reason why EB trees are denied tell us a little bit about the inside of the process what are those milestones that are normal you know smooth process no normal process go through so the thing about the ep-3 process is that there are two parallel tracks one of them is called the adjustment of status and the other is called console processing if you’re within the United

States you do something called you can do something called adjustment of status and that can take anywhere from 12 to 18 months basically with that you get the labor certification then you get the i-140 approval you get employment authorization then you do an interview with USCIS and after that you get your visa consular processing is a little bit different instead of being here in the United States you’re actually abroad in your respective country and then you go through the a very similar process but instead of interviewing here in the United States you interview at your home embassy or consulate the processes both have their pluses and minuses and their strengths and their weaknesses and the Consul process will probably take takes a little bit longer because the cases have to be reviewed a lot more and because the cases have to be sent overseas to a different agency part of being here is because you guys have asked some of those questions that you are curious about or you feel there’s something involved in legally but we are gonna dress some of those questions here in this interview one of the first question we are going to ask is how do you manage internally the money of the people you know here at bdv were really really serious about our clients money and we’re very very serious about ensuring that we give them 24/7 solutions and give them 24/7 assistance and so we’re always here to answer questions and to help people through this process I know a lot of clients are kind of leery of giving you no money to anybody to do any kind of for any kind of assistance on a visa process but you know for whatever reason it’s pretty common in the world and when I worked at an embassy it wasn’t uncommon to see people using consultants and using attorneys to help them through this process and again you know if the process was easy and everyone can do it then obviously you would need consultants and an attorney such as myself but I can tell you having worked inside an embassy and know lots of friends who’ve worked at USCIS that the process is very complicated and the law is very complicated and therefore you need advocates on your side to help you navigate through this difficult situation and difficult process we know you guys have a screw-up towns you have contracts you have a lot of things that help protect from the side of the client what what is the what is what you see when you came to be a little bit of the system that brought you know I was really impressed by bdv and the way they have escrow accounts and the way they’ve really managed their clients money and ensure that the money isn’t commingled or certainly that the money doesn’t go to any kind of illegal purposes as a former US diplomat and someone who worked for the State Department I would never work for and for what organization that I didn’t trust I would never work for people that I thought were dishonest and having worked in the State Department people would have told me if their organization wasn’t wasn’t something that I should go work for or something I wouldn’t trust and so the fact that I’m here and working for this company is a sign that you know people in the State Department would be willing to work for this organization so it isn’t something that you as a client should walk away from some of the questions we have received from you guys are related to the income or the salary you’re gonna get when you come here and Provo and you guys say that probably these salaries in see some sometimes a minimum salary is going to be insufficient is going to be Lowe to get our green card approval so Chris tell us a little bit about these requirements if this is true or not right and so when President Trump came into office one of his focuses has been on what’s called the public charge and basically it means that when you come to the United States you have to work and to live and to be with family members that you have to have a minimum income a lot of applicants now are asking Oh should I do what’s called an i-864 which is an affidavit of support showing that you can afford to come to the United States even on this minimum salary you can come into the United States on an eb-3 with that minimal salary it’s possible that an officer might ask you a little bit more what generally we’ve been doing with our clients for example is securing potential job offers and opportunities for the spouse as a way of boosting the income and alleviating the officers concern but I think it’s

important that you go in there and you’re able to show that you have a sufficient income level to support your family and there are ways that the consultant and your and your attorney can work with you to ensure that whatever challenges you have during the visa interview we can certainly face together there’s a second part in the process where you can talk with an attorney directly to your attorney and you’re gonna start you can ask more questions about it you’re gonna be you are gonna have opportunity to talk to the attorney and ask all the questions you have related to these and of course the attorney is gonna prepare you is gonna tell you more about what is gonna happen during the interview so thanks Chris for that answer to go deeper into this topic there’s one question that if this applicant this main applicant has three or four dependents do you see like a reason for visa to be denied for our residents permanent residents to be denied you know technically the principal applicant is the one being interviewed and therefore it’s on the strength of the principal applicant whether the visa is going to be granted or not however we have seen in some embassies and consulates and even when I was a visa officer where the family unit itself has been has been questioned and I think in those situations you have to be ready to answer those questions from the officer every family unit is different some family units have special needs others don’t and so I think that while legally it’s really on incumbent upon the principle applicant to have their application ready every family has to have a plan in a situation ready for their own kinds of individual questions and so you can go into a visa interview expecting only the principal applicant to be asked questions for example but the the spouse might be asked questions as well about their own opportunities and what they’re going to do in the United States and that’s a perfect opportunity for the spouse to say well actually I’m going to work in the United States I’m going to find a job in the United States I’m gonna roll my kids in certain schools in the United States this is the job I already have in my home country and that alleviates some of the the issues the officer might have with the economic situation of that family if the officer fears that this family is going to become a burden on America society what better way to counteract that than by showing that well actually I’m going to go to the United States to work and I already work here in this country Chris tell us a little bit about the processing time that you’re seeing in the future the next 12-month what do you see do you see is gonna go up to the roof where nobody’s gonna file anything is gonna be able to file something tell us a little bit about the future of the processing time you know it’s it’s hard to know what you know it’s gonna happen in the future I have no idea what tomorrow is going to bring but I think it’s important to understand that the eb-3 program is not going away I think that there’s a lot of fear among applicants that oh one day the president is going to wake up and take away the EBT but that’s just not possible by the Constitution and it’s also important to remember that the EBT program has a lot of allies within the business community among attorneys and among senators and congressmen many people within the US government see this program as an opportunity to bring hard-working foreigners to our country to do jobs tough jobs and difficult jobs and it’s difficult to find American citizens to do and so I think that what you’re gonna see is a continuance of the program as it is now but you’re gonna see I think a lot more pushback actually from congressmen and Senators and and and and businesspeople America right now has a really low unemployment rate and work employers are desperate to find workers and so they’re looking at this program is an answer to their labor shortage issues and so as those voices get louder I think you’re gonna see that the EBT program if anything is going to have more success and not less going deeper to the interview point tell us a little bit what are the sections or a little bit about the interview process like main questions or main topics that the the consult under the officer has to ask to the applicant right so you’re gonna do two separate types of interviews depending on which track you’re on so it’s important to realize that on the

consular side when you’re abroad and you’re doing these interviews that the consular officer has a lot of experience doing visa interviews and so the most important thing when you go into a visa interview is to be calm to be yourself to not be rehearsed and to be able to talk confidently about the job when I was a visa officer the biggest pet peeve we had was officers and individuals who’d go into the interview with a stack of paper and just tell the officer here look at all those paper that I have and know the officer wants to talk to you they want to know what you know about this job and so you know the types of questions you might get are like you know what do you know about this job you know where this job is have you talked to anyone from this job before how did you find out about this job and your answer shouldn’t be well look at this paper here I’m giving you you should know that stuff and so one of our documents you bring to the embassy you have to know what’s in those documents and be able to talk confidently about what’s in those documents from the USCIS side if you’re here in the United States it’s a little bit different most so they just started doing interviews for employment based cases that was that’s a very very recent thing for the vast majority of officers who do interviews here in this country they have no experience at all talking about eb-3 processes and so you might actually go into an interview and get lots of questions about your family we’ve seen lots of clients we’ve gotten questions about their family and their employment base case and they come back to us can say well why do they ask us about the family and the reason is is because these officers have no experience with eb-3 these officers are primarily experienced on family based questions and family based cases and so before a client goes in there I tell them that you know make sure you know your 485 which is the application for the adjustment of status make sure you know each and every one of those points make sure you know about your employer but also be sure to talk about your family and how you met your spouse and talk about your kids things that you really shouldn’t be asked during an EB 3 interview but because these officers don’t have experience they’re gonna go with what they know could you tell us a little bit about the legality of eb-3 process what is how what is what you have seen here at B DB and the eb-3 process itself yeah you know there’s a lot of rumors out there that PD ve or eb-3 process itself is illegal somehow but the eb-3 program is written into the United States law it’s something that has been around for a very long time and it’s something where I have done visa interviews as an officer in the State Department I did visa interviews or be three and so I can assure you that the process is definitely not illegal because I couldn’t have done visa interviews for something that was illegal and so I think that there are rumors out there that you know are there is the process itself illegal no definitively no eb-3 is is legal and there is no question about the legality of it are there people who do illegal things in the EBT process yes but that’s true of any type of visa process okay again when I was a visa officer I would say that the eb-3 program and some of my countries was probably the most stable and secure among the visa categories family based cases my goodness I would see so much fraud involved in those types of cases and I have seen some fraud and eb-3 cases but what you need to do is make sure you do your research and make sure you know your consultant and make sure they’re going by the legal process and doing it in a way that’s effective look at their track record of helping people and make sure that they are the type of people who are surrounded by good honest ethical people I think that those are the ways that you can protect yourself from someone who might be trying to do illegal things in the eb3 process and so definitively yes the eb-3 process is legal but there are people who do illegal things in the ep-3 process but there are people who do legal things in the EVT process as well and those are the type of people that you want you want to find some of our clients that have been asking about what is what the employer has to pay what is the duty of the client tell us a little bit about about this okay so for the eb3 processing program the thing that really gets denials and the thing that really hurts clients is when the employer and their labor sort of a first certification process mixes or mingles with the client and that’s something that you want to keep separate you want to make sure there’s a wall between the two and so the labor certification process that is on the employer they’re

the ones that have to handle that process that’s not on the client it’s not on the consultant it’s not on anybody but that employer to get that done and so it’s really important that the client is separated from the employer on that labor certification process now after the i-140 is filed and approved that’s when the client should start getting involved and in terms of working with their consultant and making sure that they get the documents they need filed and ready as early and as soon as possible in the process and so the line really is the labor certification process you need to make sure that the employer is separate in that process and make sure the employer has a recruitment process that’s fair and open for all American workers and then if no American worker applies for it or have not enough apply for it that’s when you as the client comes in and you’re able to fill that job and fill those positions in a way that an American worker couldn’t so in the case of bdv what is the role that the client has in this Elsie Elsie application process so the client has no role in the LLC process and the labor certification process in fact by the time the labor certification processes is complete the employer already did all of the work already this process has already been done the employer already did their part of it and bdv doesn’t really help the employer either with this process the employer is the one that has to be the one to deal with the labor certification process now if there are questions or audits that employer is free to get answers from outside counsel but generally by the time you know the labor certification process is done the employer already did all of their part and then that’s when the client really needs to step in the next question we were asked from some of our clients are we I we see that in general it can cover anybody that is inside the process right now so tell us a little bit if a client that is already in the process if it’s a consular process does this client can come as a B 1 B 2 B with a b1 b2 visa or the opposite way will be the adjustment of a status can go back to the country and if there’s a timeline for these sure so if you are what we call a 45 adjustment person and you want to travel outside of the country then you need to make sure you get what’s called our travel document or advance parole to be able to travel out of the country and to come back in for consular processing it’s a little bit trickier and it really is tricky even among visa officers right and so when I was a visa officer I would look at your application within the United States and I would say that well because you have a pending application already I might not be able to give you the visa because you have an immigrant intent the point of the b1 b2 visa is does this person have an immigrant intent and when you file for an i-140 obviously it shows that you do have some immigrant intent but I did issue those people some b1 b2 is depending on their family circumstances and situations and also depending on how long it would take for the visa to get approved so if you as a Brazilian have an emergency in the United States and you have this i-140 pending and you go to the embassy to interview for a b1 b2 it’s very possible you would get that b1 b2 depending on your circumstances and depending on your ties to Brazil but if you you know if you’re young and you’re single and you’ve never traveled before and you filed this i-140 and you’re trying to get that b1 to travel to the US that’s gonna be a lot harder to get and so it is possible that you can get the visa to come to the United States but it really really will depend on your circumstances and it’ll depend on the totality of all the circumstances of your life and whether the officer believed is going to come back to Brazil or not in the case that one of our clients have already approval of b1 b2 visa are they are they it’s okay if they can go back and as a comeback as a Taurus or yeah yeah if you already have the b1 b2 then that’s a little bit of an easier process generally you can travel back and forth without problem you know there is always a risk that USCIS or the CBP at the border could ask you about it that’s always a risk but generally if you already have the tourist visa this shouldn’t be a problem traveling back and forth to the United States well Chris use this opportunity to address any you know message to our audience use your time as sure you know I think that it’s really important as an American

citizen that we continue to be a country that’s open for immigrants and that as a country we help people come to our country to fulfill the American dream and I think it’s the eb-3 program is a perfect way that we can do this and so I think there’s a lot of a lot of myths a lot of rumors and a lot of things that that people think about the program but they don’t really understand the way this program is and the way this program works and so I’ll say that this program is is legal and it’s a great opportunity for American employers to be matched with hardworking and dedicated people and I think that that is something that isn’t gonna go away and that’s something that’s only going to increase here in the United States and so don’t be discouraged by rumor or don’t be discouraged about things you hear online don’t be discouraged by by other people who may not know the process you know take it from me as someone who has been in this process for many many years now and someone who’s done visa interviews for many years that this process is legal and it’s real and it’s something that you know if you want to live that American dream that you should be able to do well everybody thank you for watching us thank you Chris for this interview we are really glad to be here and improving our relationship understanding more about db3 process thank you for having us here in your other offices see you guys in the next in the next video muchas gracias thanks guys obrigado