Law Offices of Allen E. Kaye, P.C.
Over 30 Years of Immigration Law experience
U.S. Immigration, Naturalization, Visa, and Consular Cases
• Representation before the INS nationwide and at American Consulates abroad.
• Founding Member of ImmLaw, The National Consortium of Immigration Law Firms.
• Past President, American Immigration Lawyers Association
111 Broadway, 13th Floor, New York, New York 10006
Telephone: 212.964.5858 Fax: 212.608.3734
Website: kayevisalaw.com Email: firstname.lastname@example.org
IMMIGRATION & VISA MATTERS
Law Offices of Michael Phulwani, P.C.
888 MAYWOOD AVE, MAYWOOD, NJ 07607
Tel: (201) 845-0989 - Fax: (201) 845-8741
Email: email@example.com • Website: www.phulwanilaw.com
NEW YORK OFFICE
74-09 37th Avenue, Suite 316
Jackson Heights, NY 11372
Tel: (718) 899-1293
Fax: (718) 899-1291
Law Office of Michael Phulwani
Building No. 54, Room No. 2515,
Ashtavinayak Cooperative Housing Society,
Gandhinagar, Bandra East, Mumbai 400051
Tel: 2651-2534 and 2651-2536
Nationwide Representation before Immigration Service & American Consulates Abroad.
Over 34 years experience in successfully handling complex immigration matters.
Watch us on "Immigration and You" TV program on ITV, and
Vision of Asia. Weekly articles on immigration are published in
News India, India Tribune and Gujarat Times.
Call Toll Free: 1.888.661.6822
“We Provide Results... Not LEGAL Excuses!”
Out-of-Status • Green Card - 4months
• Work Permit + SSN + D/L (New. Expired)• Any Status
• Citizen’s Marriage • Complete Pkg • (India • USA)
• 245-I • Border Crossing • No Legal-Entry
• False Passports • Deportations • Detentions
• Quick Divorce - 15days • Other Party Not Reqd.
• Visitor Visa (India • USA)• Driver License (Approved
For Travel) • Any Indian P/P Renewed
VIBE for job-based immigration
ALLEN E KAYE
The web-based Validation Instrument for Business Enterprises
is a tool designed to enhance United States Citizenship and
Immigration Services’ adjudications of certain employment-
based immigration petitions. VIBE uses commercially available
data to validate basic information about companies or organiza-
tions petitioning to employ alien workers. USCIS is beta-testing
VIBE, and petitioners may begin seeing VIBE-related Requests
for Evidence (RFEs).
Background: Currently, when adjudicating employment-based petitions, USCIS primarily relies on paper documentation
supplied by the petitioning company or organization to establish
the petitioner’s eligibility for the requested classification.
Petitioners often submit large amounts of paperwork as evidence
of their current level of business operations. When petitioners’
paperwork does not sufficiently document the evidence required
under the law, USCIS issues a Request for Evidence for additional documentation, delaying final adjudication of the petition.
VIBE program: VIBE allows USCIS to electronically receive
commercially available information from an independent infor-
mation provider (IIP) about a petitioning company or organiza-
• Business activities, such as type of business (North American
Industry Classification System code), trade payment information
and status (active or inactive);
• Financial standing, including sales volume and credit standing;
• Number of employees, including onsite and globally;
• Relationships with other entities, including foreign affiliates;
• Status, for example whether it is a single entity, branch, subsidiary or headquarters;
• Ownership and legal status, such as LLC, partnership or corporation;
• Company executives;
• Date of establishment as a business entity;
• Current physical address.
A USCIS officer will review all information received through
VIBE along with the evidence submitted by the petitioner.
Adjudicators will use the information provided from VIBE to verify the petitioner’s qualifications. For example, if a petitioner is
seeking L-1 status for a beneficiary, VIBE will help adjudicators
confirm that the petitioner has a foreign affiliate, which is a
requirement for granting L-1 status. In cases where petitioners
must establish ability to pay, information from VIBE will assist in
confirming the petitioners’ financial viability. USCIS will not deny
a petition based upon information from VIBE without first giving
a petitioner the opportunity to respond to USCIS’s concerns.
USCIS will issue an RFE or a Notice of Intent to Deny (NOID) if it
is necessary to resolve relevant inconsistencies or other issues
that emerge upon review of information supplied by VIBE that are
material to the benefit requested. The Immigration Services
Officer (ISO) will make a final decision based on the totality of the
Immigrant classifications included in VIBE: The follow-
ing I-140 employment-based immigrant classifications will be
included in VIBE:
• E12 – Outstanding professor or researcher;
• E13 – Multinational executive or manager;
• E21 – Member of professions holding an advanced degree or
an alien of exceptional ability (with the exception of National
Interest Waiver petitions);
• E31– Skilled worker;
• E32 – Professional;
• EW3 – Unskilled/other worker.
Additionally, the following I-360 employment-based immigrant
classifications will be included in VIBE:
• SD1 – Minister of religion;
• SR1 – Nonminister in a religious occupation or vocation;
Nonimmigrant classifications included in VIBE: The
following I-129 employment-based nonimmigrant classifications
will also be included in VIBE:
• E-1 – Treaty trader;
• E-2 – Treaty investor;
• E-3 – Member of specialty occupation who is a national of the
Commonwealth of Australia;
• H-1B – Specialty occupation worker;
• H-1B1 – Specialty occupation worker from Chile or Singapore;
• H-1B2 – Worker performing services related to a Department
of Defense cooperative research and development project or co-production project;
• H-1B3 – Fashion model of distinguished merit and ability;
• H-2A – Temporary or seasonal agricultural worker;
• H-2B – Temporary nonagricultural worker;
• H-3 – Trainee or special education exchange visitor;
• L-1A – Intracompany transferee in a managerial or executive
• L-1B – Intracompany transferee in a position utilizing specialized knowledge;
• LZ – Blanket L petition.
• Q-1 – International cultural exchange visitor;
• R-1 – Religious worker.
• TN – North American Free Trade Agreement professional
from Canada or Mexico.
Classifications not included in VIBE: At this time, the fol-
lowing employment-based classifications will not be included in
VIBE due to the unique eligibility requirements for these classifi-
• E11 – Individuals of extraordinary ability;
• E21 – National interest waiver;
• EB-5 – Immigrant investor;
• O – Individuals with extraordinary ability or achievement
(including essential support personnel);
• P – Internationally recognized athletes and entertainment
groups, performers under a reciprocal exchange program, and
artists or entertainers under a culturally unique program (
including essential support personnel).
Goals of VIBE: By enhancing USCIS’s ability to distinguish
eligible petitioners more easily from those who may be ineligible,
VIBE is expected to increase the efficiency of reviews by USCIS
ISOs. In the future, VIBE should reduce the need for petitioners
to submit identical paper documentation with each petition to
establish their current level of business operations. VIBE should
also assist USCIS to reduce the number of RFEs issued to otherwise eligible petitioners.
By providing the same petitioner information to all four USCIS
Service Centers, VIBE promotes the consistent review of employment-based immigrant and nonimmigrant petitions. Overall, the
information provided by VIBE improves the integrity of employment-based immigrant and nonimmigrant programs and the
process for petitioners seeking foreign workers to employ.
Feedback about VIBE: Some petitioners may receive an RFE
or NOID referencing information received from the IIP through
VIBE. Petitioners are required to respond to these RFEs or
NOIDs; failure to respond may result in a denial of the petition.
However, USCIS encourages petitioners to bring to its attention
any questions related to RFEs or NOIDs involving IIP information USCIS received through VIBE, as well as suggestions for
improving the program by contacting the agency at VIBE-
Editor’s Note: Allen E Kaye is an attorney who has practiced
United States immigration, naturalization, visa and consular law in
New York City for the past 30 years. He is a graduate of Queens
College (CUNY) (BA), Columbia University Law School (JD) and New
York University Law School (LLM).
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OVER 20 YEARS EXPERIENCE IN IMMIGRATION MATTERS
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