Immigration
Navigating the United States immigration system can be a labyrinth of complexity, plagued by extended processing times and a labyrinth of regulations. This maze becomes even more daunting with the diverse range of immigration visa categories, including family reunification, employment authorization, and tourist visas.
Mistakes, whether minor typos or overlooked signatures, can lead to rejected applications, causing frustrating delays. Incomplete information may result in prolonged inadmissibility periods.
PERM
Labor Certification
PERM Labor Certification for Permanent Residency
The PERM Labor Certification is a crucial step for obtaining a Green Card through EB-2 (for applicants with advanced degrees or exceptional abilities) and EB-3 (for skilled workers, professionals, and other workers). It involves an employer in the U.S. completing a detailed and complex process, proving that no national worker can fill the job position. This certification from the U.S. Department of Labor (DOL) is mandatory before filing the I-140 petition on behalf of the immigrant worker.
There are three key steps in the PERM process:
- Prevailing Wage Determination (PWD): Employers submit Form ETA-9141 to the National Prevailing Wage Center (NPWC) of the DOL, ensuring accuracy to avoid rejection.
- Recruitment Process: Within 30 to 180 days before filing the PERM application, the employer must conduct a recruitment campaign to demonstrate efforts to hire national workers, including job orders, newspaper ads, internal postings, and additional recruitment measures.
- Filing the PERM Application: The employer files Form 9089, asserting that no national applicant is available for the job and that hiring a foreign worker will not adversely affect similar national employees. This form must be filled out meticulously as errors cannot be corrected after submission.
The PERM process can take approximately 8 to 15 months, depending on DOL processing times and strategy. Once completed and certified by the DOL, it must be submitted to USCIS with the I-140 petition. The certification is valid for 180 days from the receipt of Form 9089.
The PERM certification process is lengthy and intricate, involving detailed job descriptions, responsibilities, and required qualifications. It’s crucial to have the guidance of an experienced immigration attorney to navigate this process effectively.
E-2
Treaty Investors
Obtaining the E-2 Visa and Green Card
The E-2 Visa, also known as the Treaty Investor Visa, is available to individuals from countries that have a commercial treaty or a treaty of navigation with the U.S. It’s ideal for those wishing to direct and manage their commercial investment in the U.S. Key partners for this visa include Canada, Mexico, Albania, Togo, and others, but less than half of the world’s countries have such a treaty with the U.S.
Key requirements include:
- Nationality: The applicant’s business must be at least 51% owned by individuals of the treaty country.
- Investment: The business must be a bona fide enterprise and make a significant economic contribution, excluding non-profit or passive income ventures.
- Funding: Investment funds must be substantial and under the investor’s control, derived from legitimate sources.
- Risk: The investment must be at risk, meaning it cannot depend on loans or gifts from other sources.
- Temporary Stay: The visa is temporary, requiring renewal every two years and demonstrating no intent to immigrate permanently.
Alcoba Law Group provides expert legal assistance in choosing the best business structure for your investment and navigating the E-2 visa process. Our experienced attorneys can guide you through each step, ensuring compliance with strict regulations and maximizing your chances of visa approval.
The E-2 visa allows you to bring your spouse and unmarried children under 21 years old. Each family member must apply separately. While the E-2 is a non-immigrant visa, it’s possible to transition to a Green Card by changing your visa status, for which Alcoba Law Group can offer comprehensive guidance.
Transitioning from an E-2 visa to a Green Card involves changing your visa status from non-immigrant to immigrant for you and your family. Alcoba Law Group, with its long-standing professional expertise, can provide transparent and efficient assistance in this process, ensuring a smooth transition to permanent residency.
For more information or assistance with the E-2 visa and Green Card process, contact Alcoba Law Group.
EB-2
Exceptional Ability
EB-2 Visa and NIW
The EB-2 Visa is designed for individuals with exceptional skills and knowledge, offering them residency in the U.S. It’s particularly for those whose skills can significantly benefit the U.S., such as a unique specialist like a surgeon. Recognized as a National Interest Waiver (NIW), it was established in 1990 as a preferred immigrant visa category, allowing applicants to self-petition without an employer’s involvement or labor certification.
The EB-2 category requires professionals with unique and advanced abilities. Applicants should have higher education degrees or equivalent experience, with skills in areas like science, arts, or business. They must present at least three forms of proof, such as academic records, professional recognition, and expert testimonials, to support their extraordinary abilities and significant experience.
Typically, an EB-2 visa application requires a U.S. job offer and completion of the PERM labor certification process. However, with the NIW, these requirements can be waived. The PERM process, while designed to protect U.S. workers, can be lengthy and complex. The NIW pathway under the EB-2 visa allows for a more streamlined application process, benefiting those whose presence is in the national interest.
EB-2 visa applicants must prove that their permanent residence in the U.S. would be in the nation’s interest. They should demonstrate their ability to advance their project in the U.S. with evidence of academic background, work experience, and relevant unique skills. The focus is not on guaranteed success but on preparedness and potential national benefit, justifying the waiver of job offer requirements.
Healthcare professionals applying for an EB-2 visa via NIW need to provide evidence of their commitment to working in underserved areas for at least five years. They must demonstrate their qualifications and willingness to provide essential services like general medicine, obstetrics, pediatrics, or specialized areas. The requirement is to show ample evidence to make a compelling case for the immigration officer reviewing the petition.
EB-5
Immigrant Investor Program
EB-5 Visa Immigrant Investor Program
The EB-5 Visa, part of the Immigrant Investor Program, offers the opportunity to invest in the United States, one of the world’s largest economies. This visa leads to a Green Card, providing permanent legal residency for the investor, their family, and unmarried children under 21. The investment should be in a for-profit enterprise actively engaged in lawful business activities in the U.S.
- Immigrant Status: The E-2 is a non-immigrant visa, while the EB-5 provides a pathway to a Green Card.
- Nationality Restrictions: The E-2 is limited to citizens of treaty countries, whereas the EB-5 is available to any foreign national meeting its requirements.
- Investment Goals: The EB-5 is directly aimed at boosting economic growth and creating jobs in the U.S.
Requirements include:
- Investment: A minimum investment of $1 million, or $500,000 in a Targeted Employment Area (TEA). As of March 2022, the minimum for TEA investments has increased to $800,000.
- Legitimate Funding: Proof of legally acquired investment funds.
- Business Structure: The business can be public or private with minimal restrictions on its commercial structure.
- Job Creation: Must create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years.
Alcoba Law Group, P.A., offers expert legal assistance with EB-5 visa applications. Our experienced immigration and commercial attorneys guide you through the complex requirements, ensuring a transparent and efficient process.
The business should be established after November 29, 1990. If it was established earlier, it must undergo significant restructuring or expansion. The business should operate full-time and employ at least ten U.S. workers (excluding freelancers, the investor, and their family) in roles that are not temporary or seasonal.
For more detailed information and assistance with the EB-5 visa, contact Alcoba Law Group.
L-1A
Intracompany Transferee Executive or Manager
L1 Visa
- Nationality: It’s available to all nationalities, making it more accessible than the E-2 visa, which is limited to treaty countries.
- Simplicity: The L-1 visa process is straightforward, bypassing the complex PERM process.
- Flexibility: Suitable for both small and large businesses.
- U.S. Branch or Office: Must be related to the foreign office (e.g., as a branch or subsidiary).
- Application: Filed on behalf of an employee transferred to the U.S. The employee must be a manager/executive (L-1A) or possess specialized knowledge (L-1B) and have worked for the foreign office for one out of the last three years.
- L-1A and L-1B Specifics: L-1A requires managerial ability, while L-1B requires specialized knowledge beneficial to the company’s operations.
The requesting company must specify the visa holder’s role in aiding the company at its new U.S. branch or office.
The company must register in the applicable state jurisdiction and demonstrate the necessary funds for the employee’s transfer, using documents like previous pay stubs, financial statements, and bank account information.
Q&A Format for Immigration Services Page: L-1 Visa
Q1: What Is the L-1 Visa and How Does It Work?
Answer: The L-1 visa, known as the “Intracompany Transferee Visa,” allows foreign businesses to send their top employees to the U.S. to establish new offices, branches, etc. This visa facilitates international growth and expansion of the foreign company into the U.S. market.
Q2: What Are the Advantages of Using the L-1 Visa?
Answer:
- Nationality: It’s available to all nationalities, making it more accessible than the E-2 visa, which is limited to treaty countries.
- Simplicity: The L-1 visa process is straightforward, bypassing the complex PERM process.
- Flexibility: Suitable for both small and large businesses.
Q3: What Are the Requirements for Obtaining the L-1 Visa?
Answer:
- U.S. Branch or Office: Must be related to the foreign office (e.g., as a branch or subsidiary).
- Application: Filed on behalf of an employee transferred to the U.S. The employee must be a manager/executive (L-1A) or possess specialized knowledge (L-1B) and have worked for the foreign office for one out of the last three years.
- L-1A and L-1B Specifics: L-1A requires managerial ability, while L-1B requires specialized knowledge beneficial to the company’s operations.
Q4: What About the Employee’s Commercial Activities in the U.S.?
Answer: The requesting company must specify the visa holder’s role in aiding the company at its new U.S. branch or office.
Q5: What About Funding for the L-1 Visa?
Answer: The company must register in the applicable state jurisdiction and demonstrate the necessary funds for the employee’s transfer, using documents like previous pay stubs, financial statements, and bank account information.
Q6: What Is the Duration of the L-1 Visa?
Answer: Initially, the visa lasts for three years, extendable to seven years for managers and executives, and five years for specialized knowledge employees.
Alcoba Law Group, P.A., with its team of experienced commercial and immigration lawyers, offers professional guidance in obtaining the L-1 visa efficiently. We also advise on selecting the best visa for your needs, including capital-intensive options like the EB-5 or H-1B visas.
For more information or assistance with the L-1 visa process, contact Alcoba Law Group, P.A.
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