Question 1

What are the requirements for the H-1B visa for foreign nationals to be able to work in the United States?

Accepted Answer

The most commonly used non-immigrant visa by US employers, the H-1B classification applies to foreign nationals who wish to be temporarily employed in a specialty occupation. The United States Citizenship and Immigration Service (USCIS) defines specialty occupation as one that requires the theoretical and practical application of a body of highly specialized knowledge, and obtaining such level of expertise would normally require the completion of a bachelor’s degree at an institution of higher education. H-1B classification is also available for fashion models of distinguished merit and ability. For the job to qualify as a specialty occupation one or more of the following criteria must be met: A bachelor’s degree or its equivalent is normally the minimum entry requirement for the job; The degree requirement for the job is common to the industry; The employer normally requires a degree or its equivalent for the position; or, The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s or higher degree. For the foreign national to qualify to accept a job offer in a specialty occupation, he or she must meet one of the following criteria: Has completed a U.S. bachelor’s or higher degree from an accredited college or university; Holds a foreign degree that is the equivalent to a U.S. bachelor’s or higher degree; Holds an unrestricted state license, registration, or certification if the occupation requires it in the state of intended employment; or Has education, training, or progressively responsible experience in the specialty that is equivalent to the completion of such a degree. The H-1B visa has an annual cap of 65,000 each fiscal year. H-1B workers who are sponsored by or employed at an institution of higher education or its affiliated or related nonprofit entities or a nonprofit research organization, or a government research organization are cap–exempt, i.e. not subject to the 65,000 annual numerical cap. In addition, Congress also has allocated an additional 20,000 H-1B visas for graduates of U.S. masters programs or higher. The U.S. employer must obtain a certification of a labor condition application (LCA) from the Department of Labor (DOL). This application includes certain attestations, a violation of which can result in fines, bars on sponsoring non-immigrant or immigrant petitions, and other sanctions to the employer. H-1B non-immigrant may be admitted for a period of up to three years. This time period may be extended, up to a total of six years. After this time, the foreign national must remain outside the United States for one year before another H-1B petition can be approved. Certain foreign national working on Defense Department projects may remain in H-1B status for 10 years. However, with the passing of the new law in 2000, certain foreign nationals may now extend their status beyond the 6-year period in one year increments if: 365 days or more have passed since the filing of any application for labor certification, Form ETA 750 or 9089, that is required or used by the alien to obtain status as an Employment-based immigrant, or 365 days or more have passed since the filing of an Employment-based immigrant petition (I-140). Foreign nationals may extend their status for three years if their I-140 immigrant visa petition has been approved and their permanent residence application is still pending because of the lack of immigrant visa availability. Spouse and unmarried children under 21 years of age of the H-1B non-immigrant are entitled to H-4 classification. However, H-4 dependents are not authorized to work in the U.S.

Question 2

What are the requirements for the R-1 religious worker visa?

Accepted Answer

The R-1 Religious Worker visa status is for foreign nationals who wish to be temporarily employed in the United States at least part time (average of at least 20 hours per week) for a non-profit religious organization in the United States (or an organization which is affiliated with the religious denomination in the United States) as a minister or in a religious vocation or occupation. To qualify, the foreign national must have been a member of a religious denomination having a bona fide non-profit religious organization in the United States for at least 2 years immediately preceding the filing of the petition. A religious denomination is defined as a religious group that have some form of ecclesiastical government, a common belief or statement of faith, some form of worship, a set of religious guidelines, religious services and ceremonies, established places for worship, religious congregations or comparable evidence of a bona fide religious organization. Every petition for an R-1 worker must be filed by a prospective or existing U.S. employer through the filing of a Form I-129, Petition for Nonimmigrant Worker. If the foreign national is visa-exempt (e.g. Canadian), he or she must present the original approval notice of a valid I-129 R petition at a port of entry. There is extensive documentation that must be satisfied by the petitioning organization as well as by the religious worker, the beneficiary of the petition. The initial admission period for R-1 status may be granted for up to 30 months. An extension of an R-1 status may be granted for up to an additional 30 months. The total stay in the United States in an R-1 status cannot exceed 60 months (5 years).

Question 3

What are the requirements for the B-1 or B-2 visitor's visas?

Accepted Answer

Foreign nationals desiring to enter the United States temporarily for the purpose of consulting with business associates, attending a scientific, educational, professional or business convention (B-1), or for pleasure, tourism or medical treatment (B-2) may apply for B-1/B-2 Visitor’s Visa at a U.S. Consulate or Visa Section of the U.S. Embassies abroad. These visas require that the applicant has permanent residence in the home country, which he or she has no intention of abandoning. Visitors coming to the U.S. for tourism or business for 90 days or less from qualified countries may be eligible to visit the U.S. without a visa if they meet the Visa Waiver Program (VWP) requirements. Additionally, citizens of Canada and Bermuda traveling for visitor visa purposes do not need a visa, with some exceptions. As of January 12, 2009, visitors for business or pleasure who plan on entering the United States on the VWP are required to log on to the ESTA website and obtain a clearance for travel to the US. VWP travelers who have not received ESTA approval may be denied boarding, experience delayed processing, or be denied admission at a U.S. port of entry. Similarly, an ESTA approval only authorizes a traveler to board a carrier for travel to the United States under the VWP. An approved ESTA is not a guarantee of admissibility to the United States at a port of entry. In all cases, Customs and Border Protection officers make admissibility determinations at U.S. ports of entry or pre-clearance facilities. Applying for a Visitor’s Visa Under the US Immigration law, every visitor visa applicant is presumed to be an immigrant, unless he or she can overcome this presumption by showing that: The purpose of his or her trip is to enter the U.S. for business, pleasure, or medical treatment; He or she plans to remain in the U.S. for a specific, limited period; He or she has sufficient funds to cover expenses in the U.S.; He or she has compelling social and economic ties abroad; and He or she has a residence in his/her home country and other binding ties that will insure his/her return at the end of the visit. Most applicants for visitor visas apply at the U.S. Embassy or Consulate in their home country. Although visa applicants may apply at any U.S. consulate abroad, it may be more difficult for them to qualify for the visa. As visa applications are now subject to a greater scrutiny than ever, it is important to apply well in advance of intended travel departure date. At the visa interview, consulate officers review documentation and response from the applicants in order to determine their eligibility. A visa application may be approved or denied due to a number of factors. However, most visas applications are denied due to the fact that the visa applicant has not shown strong and convincing tie to overcome the intended immigrant presumption. Should the consular officer deny issuance of a visitor visa, the applicant may apply again by presenting new and convincing evidence to overcome the basis for the refusal. A visa only allows a foreign national to travel to the U.S. port-of entry and request permission to enter the U.S. It does not guarantee entry into the U.S. The Department of Homeland Security, Customs and Border Protection officials have authority to permit or deny admission to the United States. The Customs and Border Protection officer will also determine and notate the length of foreign national’s visit on the Arrival-Departure Record (Form I-94), up to a maximum of 6 months. Those who wish to stay beyond the time indicated on their Form I-94 must file Form I-539, prior to the expiration of their authorized stay, with the US Citizenship and Immigration Services to request an extension of their status.

Question 4

What are the requirements for the L-1 intracompany transfer visa?

Accepted Answer

L-1 intracompany transfer visas are available to foreign nationals coming to work in the US for an employer that is related to a company the applicant worked for prior to entering the United States. To be eligible to apply for an L-1A Executive or Manager or L-1B Specialized Knowledge employee transfer from an entity abroad to a U.S. entity, both entities must be part of a qualifying organization. Qualifying organization means a United States or foreign firm, corporation or other legal entity that is a parent, branch, affiliate or subsidiary of the entity you are transferring from. The employer must be doing business in the United States as an employer as well as at least one other country. The company must also demonstrate an employer-employee relationship with the foreign national. U.S. immigration law defines “Executive” as an “employee” in the organization who has the ability to make decisions of wide latitude without much oversight, while “Manager” generally refers to an “employee” who supervises and controls the work of professional employees and the organization, or a department, subdivision, function, or component of the organization. It may also refer to the employee’s ability to manage an essential function of the organization at a high level, without direct supervision of others. Specialized knowledge means special knowledge possessed by an individual of the petitioning organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets, or expertise in the organization’s processes and procedures. The initial admission period of foreign nationals in L-1 status is 3 years, with the possibility of a 2-year extension. L-1A manager and executive may be eligible for an additional 2-year extension for a total stay in the United States of 7 years. Foreign nationals coming to open up a new office in the US will only be granted a one-year stay in the US. The Citizenship and Immigration Service will also require additional information about the plans for the new office such as proof that office space has been obtained, that the applicant has had the appropriate experience with the foreign company and that the foreign company will remain in existence during the full period of the applicant's transfer to the US. If the company wants to have the L-1 visa extended beyond the initial year, it will have to demonstrate at the time of extension that it has proceeded with the plans outlined in the initial petition. Spouse and unmarried children (under the age of 21) of the L-1 visa holder may be admitted to the United States in L-2 status. A spouse in L-2 status may be authorized to work in the United States.

Question 5

What are the requirements for the E-1 or E-2 treaty trader and investor visas?

Accepted Answer

The E-1 or E-2 non-immigrant status is for a national of any of the countries with which the United States maintains a treaty of commerce and navigation. Nationals (individuals or companies) of treaty countries coming to the United States to carry on substantial trade in goods, services or technology principally between the United States and the treaty country may apply for E-1 Visa. Those coming to the United States to develop and direct the operations of an enterprise in which the national has invested, or is in the process of investing a substantial amount of capital, may apply for E-2 Visas. To obtain an E-1 visa, nationals of qualifying countries may demonstrate that: The international trade must be "substantial" in the sense that there is a sizable and continuing volume of trade. At least 50% of the trade must be between the U.S. and the treaty country, Trade means the international exchange of goods, services, and technology. Title of the trade items must pass from one party to the other. The applicant must be employed in a supervisory or executive capacity, or possess highly specialized skills essential to the efficient operation of the firm. To obtain an E-2 visa, nationals of qualifying countries may demonstrate that: The capital investment must be substantial. It must be sufficient to ensure the successful operation of the enterprise. The investment must be committed; it must be a real operating enterprise. Uncommitted funds in a bank account or similar security are not considered an investment. The investment may not be marginal. It must generate significantly more income than just to provide a living to the investor and family, or it must have a significant economic impact in the United States. The investor must have control of the funds, and the investment must be at risk in the commercial sense. Loans secured with the assets of the investment enterprise are not allowed. The E-1 / E-2 category is an attractive option because treaty nationals are not required to maintain a business outside the US. Holders of E visas can have their visas renewed every five years without limits and reside in the United States as long as they continue to maintain their status with the enterprise. Spouses and unmarried children under 21 years of age receive derivative E visas to accompany the principal alien. The spouse of an E visa holder may apply for employment authorization with the U.S. citizenship and Immigration Service. Dependent children of an E visa holder are not authorized to work in the United States.

Question 6

What are the requirements for the O-1 individuals with extraordinary ability visa?

Accepted Answer

The O-1 nonimmigrant visa is available to those foreign nationals who posses extraordinary ability in science, business, education or athletics (O-1A) and have been recognized nationally or internationally for those achievements. It is also available to those who possess extraordinary ability in the arts or have attained extraordinary achievement in the motion picture or television industry (O-1B). To be eligible for an O-1 visa in the sciences, education, business or athletics, foreign nationals must demonstrate that they possess "a level of expertise indicating that the person is one of the small percentages who have risen to the top of the field of endeavor." One way to demonstrate is through receiving a major internationally recognized award such as a Nobel Prize. Alternatively, foreign nationals may provide documentation in three of the following categories: Receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor Membership in associations in the field that require outstanding achievements Published material in professional or major trade publications, newspapers or other major media about the foreign national and his/her work in the field Original scientific, scholarly, or business-related contributions of major significance in the field Authorship of scholarly articles in professional journals or other major media A high salary or other compensation for services evidenced by contracts or other reliable evidence Participation on a panel, or individually, as a judge of the work of others. Employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation If the above standards do not readily apply, the petitioner may submit comparable evidence in order to establish eligibility Extraordinary ability in the arts means that the applicant has attained "distinction." Distinction is defined as "a high level of achievement in the field of arts evidence by a degree of skill and recognition substantially above that ordinarily encountered." Distinction has also been defined as prominence in the field of endeavor. The applicant can demonstrate distinction by being the nominee or recipient of important national or international prizes such as an Academy Award, Emmy, or Grammy, or by submitting documentation in at least three of the following categories: Performed or will perform services as a lead or starring participant in productions or events which have a distinguished reputation evidenced by critical reviews, advertisements, publicity releases, publications, contracts or endorsements Achieved national or international recognition for achievements, as shown by critical reviews or other published materials by or about the foreign national in major newspapers, trade journals, magazines, or other publications A record of major commercial or critically acclaimed successes, as indicated by rating or standing in the field, box office receipts, motion picture or television ratings and other occupational achievements reported in trade journals, major newspapers or other publications Received significant recognition for achievements from organizations, critics, government agencies or other recognized experts in the field with the testimonials clearly indicating the author's authority, expertise and knowledge of the alien's achievements A high salary or other substantial remuneration for services in relation to others in the field, as shown by contracts or other reliable evidence An O-2 visa can be obtained for those accompanying the O-1 visa holder who will assist the O-1 foreign nationals in their performance. To qualify for an O-2 visa, the applicant must be an integral part of the actual performance, have critical skills and experience that cannot be performed by others, and have a long-standing working relationship with the O-1 in television and motion pictures. The US employer or agent can file the petition for the foreign nationals. The initial admission period for O-1 status is up to three years, determined by the length of event, projects and/or contract the foreign national will be engaged in. Extension can be granted for one year increment with no maximum limit. Dependents of O-1 visa holders are accorded O-3 status.

Question 7

What are the requirements for the TN or Treaty NAFTA professional employee visa?

Accepted Answer

The North American Free Trade Agreement (NAFTA) created special economic and trade relationships for the United States, Canada and Mexico. The TN (Treaty NAFTA) non-immigrant classification permits qualified Canadian and Mexican citizens to enter the United States to seek temporary professional employment. Note that Canadian permanent residents do not qualify for the TN classification. Professionals of Canada or Mexico may work in the U.S. under the following conditions: Applicant is a citizen of Canada or Mexico Profession is on the NAFTA list Position in the U.S. requires a NAFTA professional Mexican or Canadian applicant is to work in a prearranged full-time or part-time job, for a U.S. employer (see documentation required). Self employment is not permitted Professional Canadian or Mexican citizen has the qualifications of the profession Canadian citizens are not required to apply for a visa with a U.S. consulate or file a petition with U.S. Citizenship and Immigration Services (USCIS). They can simply request admission as a TN non-immigrant at a U.S. port of entry by providing the following documentation: Proof of Canadian citizenship Letter from prospective employer detailing items such as the professional capacity in which Canadian will work in the United States, the purpose of employment, length of stay, and educational qualifications Credentials evaluation (if applicable) Following inspection by a U.S. Customs and Border Protection (CBP) Officer, Canadian citizens will be admitted as a TN nonimmigrant, for a period of up to 3 years. Form I-94, Arrival/ Departure Record, will be evidence of admission. Dependents will be given TD status. Mexican citizens may apply at consular sections around the world for a NAFTA professional (TN) visa. As part of the visa application process, an interview at the embassy consular section is required for most visa applicants. Interviews are generally by appointment only. The US Embassy Consular Section website will have information about how to schedule an interview appointment, pay the fees and any other instructions. Once approved for TN visa, Mexican citizens may apply for admission at a United States port-of-entry. Form I-94, Arrival/ Departure Record, will serve as evidence of admission.

Question 8

What are the requirements for the EB-1 visas for individuals with extraordinary ability, advanced degrees, professors and executives?

Accepted Answer

Employment Based immigrant Visas The Immigration and Nationality Act (INA) provides an annual minimum of 140,000 employment-based immigrant visas which are divided into five preference categories. Many of these preference categories may require a labor certification from the U.S. Department of Labor (DOL), and the filing of a petition with United States Citizenship and Immigration Services in the Department of Homeland Security (USCIS). All Employment First Preference (EB-1) Priority Workers are exempt from the labor certification requirement. Generally most employment based petitions require a U.S. petitioning employer, except for the EB-1 Individuals with Extraordinary Ability and the National Interest Waiver petitions, which can be self-petitioned. Applicants can file Form I-140, Immigrant Petition for Foreign Worker directly with the USCIS. EB-1 Individuals with Extraordinary Ability Persons of extraordinary ability in the sciences, arts, education, business, or athletics . Applicants in this category must have extensive documentation showing sustained national or international acclaim and recognition in the field of expertise. No offer of employment is required. Applicants must meet 3 of 10 criteria below, or provide evidence of a one-time achievement (i.e., Pulitzer, Oscar, Grammy or Olympic Medal): Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence Evidence of the applicant’s membership in associations in the field which demand outstanding achievement of their members Evidence of published material about the applicant in professional or major trade publications or other major media Evidence that the applicant has been asked to judge the work of others, either individually or on a panel Evidence of the applicant’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field Evidence of the applicant’s authorship of scholarly articles in professional or major trade publications or other major media Evidence that applicant’s work has been displayed at artistic exhibitions or showcases Evidence of the applicant’s performance of a leading or critical role in distinguished organizations Evidence that the applicant commands a high salary or other significantly high remuneration in relation to others in the field Evidence of the applicant’s commercial successes in the performing arts Outstanding professors and researchers with at least three years experience in teaching or research, who are recognized internationally, may qualify for this EB-1 classification. No labor certification is required for this classification, but the prospective employer must provide a job offer for the foreign national in a teaching or research position, and file a petition with the USCIS; and applicants must demonstrate international recognition for outstanding achievements in a particular academic field by meeting at least 2 of the following criteria: Evidence of receipt of major prizes or awards for outstanding achievement Evidence of membership in associations that require their members to demonstrate outstanding achievement Evidence of published material in professional publications written by others about the alien's work in the academic field Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field Evidence of original scientific or scholarly research contributions in the field Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field Multinational executives and managers who have been employed at least one of the three preceding years by the overseas affiliate, parent, subsidiary, or branch of the U.S. employer. The applicant must be coming to work in a managerial or executive capacity. No labor certification is required for this classification, but the prospective employer must provide a job offer and file a petition with the USCIS.

Question 9

What are the requirements for the EB-2 & EB-3 visas for individuals with extraordinary ability, advanced degrees and labor certifications?

Accepted Answer

Employment Second Preference (EB-2) Professionals Holding Advanced Degrees, or Persons of Exceptional Ability in the Arts, Sciences, or Business may qualify for the EB-2 classification. All EB-2 applicants must have a labor certification approved by the Department of Labor, or Schedule A designation, or establish that they qualify for one of the shortage occupations in the Labor Market Information Pilot Program. A job offer is required and the U.S. employer must file a petition on behalf of the applicant. Applicants may apply for exemption from the job offer and labor certification if the exemption would be in the national interest, in which case the applicant may file the petition, Form I-140, along with evidence of the national interest. There are two subgroups within this category: Professionals holding an advanced degree (beyond a baccalaureate degree), or a baccalaureate degree and at least five years progressive experience in the profession. To qualify for this category, the job offered by the prospective employer must require an advanced degree and the applicant must possess such a degree or its equivalent (a baccalaureate degree plus 5 years progressive work experience in the field). Documentation, such as an official academic record showing that the applicant has a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that the applicant has a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that the applicant has at least 5 years of progressive post-baccalaureate work experience in the specialty. Persons with exceptional ability in the arts, sciences, or business. Exceptional ability means having a degree of expertise significantly above that ordinarily encountered within the field. National Interest Waiver (NIW) Applicants holding advanced degrees or possess exceptional ability may apply for immigrant visa through the second preference (EB-2) employment category, which generally requires a labor certification for this category. This requirement can be waived if the applicant can demonstrate that granting the EB-2 petition is in the national interest. In order to file an NIW petition, the applicant must demonstrate that he is seeking work in an area of substantial intrinsic merit to the US; that the benefit from the applicant’s work will be national in scope; and that such national interest would be adversely affected if a Labor Certification were required for the applicant. There are two types of national interest waiver (NIW) applications: the standard case and the physician NIW. In standard NIW cases, court decisions have established a list of factors that show the permanent resident's admission would be in the national interest: Improve the U.S. economy; Improve wages and working conditions for U.S. workers; Improve educational and training programs for U.S. children and under-qualified workers; Improve health care; Provide more affordable housing for young, aged, or poor U.S. residents; Improve the U.S. environment and lead to more productive use of the national resources; or Request by an interested U.S. government agency. Physician NIW The Nursing Relief Act of 1999 establishes special rules for requests for a national interest waiver that are filed by or on behalf of physicians. To be eligible for a physician NIW, the foreign physician must: Agree to work full-time for five years in areas known as Physician Scarcity Areas (PSAs) that have been designated by Heath and Human Services (HHS) as having a shortage of specialty-care health professionals. The three-year service periods for some J-1 waivers can count toward the five years of service required for the NIW. Obtain a determination from a federal agency or a state department of health that has knowledge of the physician's qualifications, which states that the physician’s work is in the public interest. Employment Third Preference (EB-3) All EB-3 applicants require an approved I-140 petition filed by the prospective employer. All such workers require a labor certification, or Schedule A designation, or evidence that they qualify for one of the shortage occupations in the Labor Market Information Pilot Program. There are three subgroups within this category: Skilled workers are persons capable of performing a job requiring at least two years'' training or experience Professionals with a baccalaureate degree are members of a profession with at least a university bachelor's degree Other workers are those persons capable of filling positions requiring less than two years'' training or experience Labor Certification A permanent labor certification issued by the Department of Labor (DOL) allows a US employer to hire a foreign worker to work permanently in the United States. In most of the employment based visa categories (EB-2 and EB-3), before the U.S. employer can submit an immigration petition to the Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS), the employer must obtain an approved labor certification request from the DOL's Employment and Training Administration (ETA). The DOL must certify to the USCIS that there are no qualified U.S. workers able, willing, qualified and available to accept the job at the prevailing wage for that occupation in the area of intended employment and that employment of the alien will not adversely affect the wages and working conditions of similarly employed U.S. workers. To improve the operations of the permanent labor certification program, DOL implemented a new re-engineered permanent labor certification program (PERM) effective March 28, 2005. Under the PERM process, recruitment is conducted prior to filing to test the market. Recruitment includes two Sunday print advertisements, and for certain occupations, further forms of recruitment such as job search websites, postings on company websites, employee referral programs, or local newspapers. A job order with the State Workforce Agency is also required. Upon completion of the recruitment, an Audit File is created that includes the evidence of recruitment as well as information on the company's existence, ability to pay, and the credentials of the foreign national. A PERM case can be submitted either electronically or through the mail.

Question 10

What are the requirements for the EB-5 visa for foreign entrepreneurs?

Accepted Answer

Employment Fifth Preference (EB-5) immigrant Investors Every year 10,000 visas are available for foreign entrepreneurs seeking U.S. permanent residence by establishing a commercial enterprise in the U.S. To qualify, an investor must invest between U.S. $500,000 and $1,000,000, depending on the employment rate in the geographical area, in a commercial enterprise in the United States which creates at least 10 new full-time jobs for U.S. citizens, permanent resident aliens, or other lawful immigrants, not including the investor and his or her family. The investment can be in the form of cash, equipment, inventory, other tangible property, cash equivalents and indebtedness secured by assets owned by the foreign national provided that he or she is personally and primarily liable and the assets of the new commercial enterprise are not used to secure any of the indebtedness. The investment must be acquired by lawful means. All applicants must file a Form I-526, Immigrant Petition by Alien Entrepreneur with USCIS. There are two ways to invest which foreign investor may use within the EB-5 category: creating a new commercial enterprise or investing in a troubled business. New Business Enterprise To qualify the investor must: Invest or be in the process of investing at least $1,000,000. If the investment is in a designated targeted employment area (discussed further below) then the minimum investment requirement is $500,000. Benefit the U.S. economy by providing goods or services to U.S. markets. Create full-time employment for at least 10 U.S. workers. This includes U.S. citizens, Green Card holders (lawful permanent residents) and other individuals lawfully authorized to work in the U.S., excluding the immigrant, his/her spouse, and children. Be involved in the day-to-day management of the new business or directly manage it through formulating business policy. Targeted Employment Area is defined by law as a 'rural area' or an area that has experienced high unemployment of at least 150 percent of the national average. Troubled Business To qualify the investor must: Invest in a business that has existed for at least two years. Invest in a business that has incurred a net loss, based on generally accepted accounting principles, for the 12 to 24 month period before you filed the Form I-526 Immigrant Petition by an Alien Entrepreneur. The loss for the 12 to 24 month period must be at least equal to 20 percent of the business’s net worth before the loss. Maintain the number of jobs at no less than the pre-investment level for a period of at least two years. Be involved in the day-to-day management of the troubled business or directly manage it through formulating business policy. The same investment requirements of the new commercial enterprise investment apply to a troubled business investment ($1,000,000 or $500,000 in a targeted employment area). Regional Centers For those foreign investors who do not wish to directly manage a business, they can invest a minimum of $500,000 in a pre-approved “regional center,” which are defined as entities, organizations or agencies that promote the economic growth of a specific geographic area (usually a TEA) within the United States. This is an attractive option to many since foreign investors do not have to be involved in the day-to-day management of the commercial enterprise, and the upfront investment is smaller that the usual $1,000.000.

Question 11

How is it possible to apply for a greencard through family?

Accepted Answer

In general, a foreign national who wishes to immigrate to the United States through family relationship must have a petition filed by a U.S. citizen or U.S. lawful permanent resident relative and approved by the US Citizenship and Immigration Service (USCIS) before applying for an immigrant visa. Immediate Relatives of U.S. Citizens (IR): These types of immigrant visas are based on a close family relationship with a U.S. citizen, including spouses, children, and parents. In addition, a U.S. citizen can sponsor a child adopted or to be adopted from abroad, if that child meets the definition of orphan under the US immigration law. There is no numerical limitation or quota for immigrant visas filed by Immediate Relative of US Citizens. For immigration purposes, Immediate Relative classifications include: Spouse of a U.S. Citizen Unmarried Child Under 21 Years of Age of a U.S. Citizen Orphan adopted abroad by a U.S. Citizen (IR-3) Orphan to be adopted in the United States by a U.S. citizen (IR-4) Parent of a U.S. Citizen who is at least 21 years old (IR-5) Limited Family-Based Immigrant classifications involve specific, more distant, family relationships with a U.S. citizen and some specified relationships with a Lawful Permanent Resident (LPR). Under US immigration law, there are fiscal year numerical limitations on family preference immigrants as explained below. Family First Preference (F1): Unmarried sons and daughters of U.S. citizens, and their children. Family Second Preference (F2): Spouses, minor children, and unmarried sons and daughters of lawful permanent residents. Family Third Preference (F3): Married sons and daughters of U.S. citizens, and their spouses and children. Family Fourth Preference (F4): Brothers and sisters of United States citizens, and their spouses and children, provided the U.S. citizens are at least 21 years of age. Grandparents, aunts, uncles, in-laws and cousins cannot sponsor a relative for immigration. As the supply of visas for these preference categories is scarce and the demand is ever-increasing, these preference classifications are heavily backlogged. As a result, the waiting period for some of these preference classifications can be for many years. The Visa Bulletin, published each month by the U.S. State Department, provides the availability of immigrant visas for each of the categories outlined above.

Question 12

What are the requirements to become a naturalized US citizen?

Accepted Answer

U.S. Citizenship is obtained either by birth or naturalization. A foreign national may become a U.S. citizen either through his or her parents, or by applying for naturalization on his or her own. There are a number of reasons and benefits to becoming a U.S. citizen, such as the ability to petition for your family members, obtaining government benefits, federal grants and scholarships, higher estate tax exemptions, federal job benefits, greater freedom of travel and the right to vote. Generally, to be eligible for naturalization, an applicant must: Be 18 or older; Be a permanent resident (green card holder) for at least 5 years prior to the date of filing the Form N-400, Application for Naturalization; For spouses of US citizen, the residence requirement is reduced to 3 years; 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; 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); and, Be a person of good moral character, and attached to the principles of the Constitution of the United States. Spouses of U.S. Citizens Employed Abroad In most cases, the spouse of a U.S. citizen who is employed abroad by the U.S. government, including the military, and who is stationed abroad in such employment for at least 1 year, may be eligible for naturalization. However, the spouse of a U.S. citizen employed abroad must be in the United States at the time of naturalization interview and naturalization ceremony. He or she must and meet of all of the requirements listed above except that there is no specific continuous residence or physical presence is required. Derivative Citizenship A foreign national may already be a U.S. citizen and not need to apply for naturalization if his or her biological or adoptive parent(s) became a U.S. citizen before he or she reached the age of 18. A child residing in the U.S. automatically becomes a U.S. citizen when all of the following conditions have been met: At least one parent of the child is a U.S. citizen; The child is under the age of 18 years; and. The child is residing in the United States in the legal and physical custody of the U.S. citizen parent based on a lawful admission for permanent residence. If residing overseas, a child becomes a U.S. citizen when all of the following conditions have been met: At least one parent is a U.S. citizen or, if deceased, the parent was a U.S. citizen at the time of death; The U.S. citizen parent or his or her U.S. citizen parent has (or at the time of death had) been physically present in the United States or its outlying possessions for at least 5 years, and at least two of which were after attaining the age of 14; The child is under the age of 18 years; The child is residing outside of the United States in the legal and physical custody of the U.S. citizen parent; and, The child is temporarily present in the United States in lawful status.

Immigration Law

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