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Consular Processing, and Asylum
Labor Certification and Adjustment of Status,
Consular Processing, and Asylum
Sohaib I. Awan is licensed to practice law in the District of Columbia
 Labor Certification and Adjustment of Status
Labor certification is certification by the Department of Labor that there are insufficient U.S. workers who are able, available, qualified, and willing for a particular employment opportunity in the United States. This certification certifies that U.S. workers or workforce will not be adversely affected by the filing employer's hiring of foreign workers.
The Law Offices of Sohaib I. Awan are experienced in both regular/traditional methods of labor certification and Reduction in Recruitment (RIR). (RIR is a processing method using the applicant employer's "real world" recruitment over the six-month period immediately before the application's filing to show a shortage of U.S. workers).
Adjustment of status is the process of obtaining lawful permanent residence in the United States. Adjustments of status may be filed along with application petitions for employment-based visas. In order to adjust status, there must be an immigrant visa available when the adjustment petition is filed and at the time of approval. In addition, one must never have been out of status at the time of the filing of the permanent residence petition.
Consular Processing
Consular processing is the process of applying for an immigrant petition at a U.S. consular post outside the United States. This process is available to those immigrants who have approved employment-based visa petitions. However, these U.S. immigrants must not be in the United States and must be ineligible to adjust status in the U.S.
Asylum and Refugee Status
U.S. immigration law permits individuals fleeing persecution to seek protection in the United States. Individuals seeking asylum status must be present in the U.S. or must be requesting admission at a U.S. port of entry. Individuals seeking asylum must have a well-founded fear of persecution should they be forced to return to their home nations. The grounds of persecution must be based on membership in a particular social group, nationality, political opinion, race, or religion.
Asylum status is sought by those presently in the United States. Refugee status is sought by those outside the United States.
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