I am doing an EB-2 visa for a Swiss worker.
After |I submitt the Form I-140 can the Swiss guy continue to come in and go out of the US using the Visa Waiver program?

Thank you for any comment or advice.
Chris

As long as he complies wth the terms of the VWP.

No, as an intending immigrant, he is inelligible for the visa waiver program. At the border if they find out he has an immigrant petition on file, he will be refused under the visa waiver program. Also, they will presume he is working here, which I believe that you are doing, as why would he need to come here except to work before the IV is approved and issued to him.

quote:

Originally posted by federale86:
No, as an intending immigrant, he is inelligible for the visa waiver program. At the border if they find out he has an immigrant petition on file, he will be refused under the visa waiver program. Also, they will presume he is working here, which I believe that you are doing, as why would he need to come here except to work before the IV is approved and issued to him.

Really?

I travelled on the VWP when I was an intending immigrant. Many do.

Theone is correct...many do, and with different pending visa's. I did many times myself (not work related however), and had no problems. I just made sure I took my paperwork with me, ties to my country, just in case.

There is no guarantee of course if POE think you may stay or work while application is pending, so best to show proof that the intending immigrant is here just for a visit and going to return back home before visa is issued.

To clarify, the proof that would be required at the POE that he intends to return home would be things like a current lease/mortgage, current bank statements, employment documentation, ongoing bills/utilities etc.

A lot of people do travel in and out, but as mentioned, it doesn't always mean they'll get in to the country. I know a few with immigrant petitions that have come in and out regularly and eventually get questioned and denied, as border control views it as a way to maintain residency without having the proper paperwork.