Immigration law is a complex and ever evolving process.
There are more than 20 different types of non-immigration visas. Although there are only two major venues either by American family relatives or by future or present employments, there are many subcategories and the process usually take years and more than one governmental agency.
Our goal is to give the client the best assessments and take the best path to your Green card and the American dream.
U.S. law provides employers with several limited ways to bring foreign workers into the U.S. on a temporary or permanent basis. Employment-based immigration visa categories generally have limited and static numerical caps. In addition, before petitioning for a foreign worker, an employer is often required to obtain certification from the Department of Labor (DOL) that there are no U.S. workers available, willing, and qualified to fill the position at a wage that is equal to or greater than the prevailing wage generally paid for that occupation in the geographic area where the position is located. The purpose of this restriction is to demonstrate that the admission and hiring of foreign workers will not adversely affect the job opportunities, wages, and working conditions of U.S. workers.
A First Preference Immigration Petition (EB-1) is an employment-based petition for permanent residence for those who has an extraordinary ability, is an outstanding professor or researcher, or is a multinational executive or manager. USCIS has set certain requirements that must be met for these categories.
There are three (3) types of EB-1 petitions:
Visas for Foreign Investors
Approximately 10,000 visa numbers are allocated annually to EB-5 investors. EB-5 visa category was created by Congress in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. Under a pilot immigration program first enacted in 1992 and regularly reauthorized since. USCIS reserves 3,000 EB-5 visas for aliens who invest in TEAs and 3,000 for aliens who invest in commercial enterprises affiliated with Regional Centers designated by USCIS based on proposals for promoting economic growth.
Program Electronic Review Management
Most employment-based immigration petitions must start with a permanent labor certification, issue by the Department of Labor (DOL). PERM is short for (Program Electronic Review Management), is the system used for obtaining labor certification and is the first step for certain foreign nationals in obtaining an employment-based immigrant visa (“green card”). This is also known as PERM labor certification. The employment-based preference categories that require PERM labor certification are EB-2 (other than a National Interest Waiver) and EB-3. Before a U.S. employer can file an immigration petition for a foreign worker with U.S. Citizenship and Immigration Services (USCIS) in most EB-2 and EB-3 positions, the employer must first obtain an approved labor certification from the Department of Labor (DOL). An application for labor certification is submitted to the DOL by using ETA Form 9089.
NIW allows foreign nationals to bypass the cumbersome labor certification process, which is typically required to obtain permanent residence through other employment-based permanent residence categories.
- Immediate Relative Immigrant Visas (Unlimited)
- Family Preference Immigrant Visas (Limited)
You May Qualify for Naturalization if:
- Be 18 or older at the time of filing
- Have lived within the state, or USCIS district with jurisdiction over the applicant’s place of residence, for at least 3 months prior to the date of filing the application
- Has been a green card holder for at least 5 years (3 years if married to an US citizen) immediately preceding the date of filing the application without leaving the US for trips of 6 months or longer.
- Be physically present in the United States for at least 30 months out of the 5 years immediately preceding the date of filing the application
- Reside continuously within the United States from the date of application for naturalization up to the time of naturalization
- Be able to read, write, and speak English and have knowledge and an understanding of U.S. history and government (civics). However, there are some exceptions for qualified applicants.
- Be a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States during all relevant periods under the law
- Your child may qualify for naturalization if you are a U.S. citizen if certain requirements are met