Investments for Green Card - EB 5 Visas – Non Immigrant Visas - Seiss Real Estate - Homepage

Investments for Green Card

EB5 Visa

Fifth Preference: The Employment Creation Green Card.

The fifth preference employment-based green card is the investor’s green card. Up to 10,000 immigrant visas each year are reserved for immigrant investors who invest a minimum of $1,000,000 in a United States business ($500,000 for businesses located in "targeted employment areas"). This visa is also known as the “employment creation visa,” because it requires a showing that the business will create or save at least ten jobs in the United States. Family members of the immigrant investor may be employed in the enterprise, but their jobs may not be counted toward the ten job requirement.

To qualify as an immigrant investor, the foreign national must invest in a new commercial enterprise. This can be done by starting a new business, or by expanding and substantially changing the net worth of a business, or increasing the number of workers by 40%. The investment must be in a for profit enterprise of any type of structure (partnership, holding company, sole proprietorship, corporation, joint venture, or any other type of entity, publicly or privately held).

A "targeted employment area" is a region that fits the U.S. Census definition of "rural" or has an unemployment rate at least 150% of the national average.

There are some geographic areas that have been designated by the Department of Homeland Security to be "Regional Centers." These areas have been accepted by DHS for investors in certain types of businesses, and the "job creation" element has been pre-certified. In these Regional Centers, an investor need not prove the direct creation of ten U.S. jobs, because DHS has already determined that ten U.S. jobs will be indirectly created by the investors.

The EB-5 process can be long, confusing and laden with paperwork. Mentor Law Firm can help you by (1) assisting the individual entrepreneur in presenting and individual EB-5 application; (2) preparing an EB-5 application for an investor in an existing certified Regional Center project, or (3) helping developers obtain Regional Center certification for projects that will attract a multitude of individual investors.

EB-5 visas are current. The regulations governing the adjudication of EB-5 petitions have historically been interpreted by the Service very narrowly.

Deutsch

Das EB-5 Visum für Immigrant Investors ist eine US-amerikanische Visum 1990 geschaffen durch das Zuwanderungsgesetz von. This visa provides a method of obtaining a green card for foreign nationals who invest money in the United States. To obtain the visa, individuals must invest at least $1,000,000 USD, creating at least 10 jobs [1]. Dieses Visum ist ein Verfahren zur Erlangung einer Greencard für ausländische Staatsangehörige, die Geld investieren in die Vereinigten Staaten. Sie erhalten das Visum, Einzelpersonen müssen USD investieren mindestens $ 1.000.000, die Schaffung von mindestens 10 Arbeitsplätzen [1]. By investing in certain regional centers with high unemployment rates, the required investment amount is $500,000. The Immigrant Investor Pilot Program was created by Section 610 of Public Law 102-395 on October 6, 1992. Durch die Investition in bestimmte regionale Zentren mit hoher Arbeitslosigkeit, erforderlichen Investitionen Betrag ist der $ 500.000. Der Immigrant Investor Pilotprogramm wurde 1992 gegründet durch § 610 des Public Law 102-395 am 6. Oktober. This was in accordance to a Congressional mandate aimed at stimulating economic activity and job growth, while allowing eligible aliens the opportunity to become lawful permanent residents. Dies war nach einem Kongress Mandat zur Ankurbelung der Wirtschaftstätigkeit und das Beschäftigungswachstum ausgerichtet, während es zugelassenen Ausländern die Möglichkeit Inhaber einer dauerhaften Aufenthaltsgenehmigung zu werden. This "Pilot Program" required only $500,000 of investment in exchange for permanent resident status. Diese "Pilot Program" erforderlich nur 500.000 Dollar von Investitionen im Austausch gegen eine unbefristete Aufenthaltserlaubnis. The investment could only be received by an economic unit defined as a Regional Center. A Regional Center is defined by any economic unit, public or private, engaged in the promotion of economic growth, improved regional productivity, job creation and increased domestic capital investment. Diese Investitionen könnten nur Regional Center empfangen werden durch eine a wirtschaftliche Einheit definiert. Ein regionales Zentrum ist das Wachstum definiert durch eine wirtschaftliche Einheit, öffentliche oder private Wirtschaft, engagiert in der Förderung der, Verbesserung der regionalen Produktivität, Schaffung von Arbeitsplätzen und einer höheren inländischen Investitionen. Prior law required the investment in the Regional Center to generate an increase in export sales, however statutory amendments in 2000 and 2002 no longer require this increase. The individual receiving the visa is not required to actively manage the business invested in. For investors who wish to invest in a new or existing business, have an active role in the management of the operation, and have at least one million US dollars to invest, then the traditional EB-5 visa is the best option. Vor gesetzlich vorgeschrieben die Investition in die Regional Center, Umsatz zu generieren einen Anstieg im Export, aber Gesetzesänderungen in 2000 und 2002 nicht mehr benötigen, diese zu erhöhen. Die einzelnen, dem das Visum ist nicht erforderlich, um aktiv die Geschäfte investiert Wunsch in. Für Anleger, die zu investieren in eine neue oder bestehende Unternehmen, eine aktive Rolle bei der Durchführung der Operation und mindestens 1.000.000 $ zu investieren, dann ist die traditionelle EB-5-Visum ist die beste Option. But for those who would prefer a passive role in the management of their investment, do not wish to be involved in the creation of the 10 US full time jobs, and would rather limit their investment to $500,000 USD, then the Regional Center, or EB-5 Pilot Program is the better immigration option. Aber für diejenigen, die eine passive Rolle bei der Verwaltung ihrer Investitionen vorziehen würde, möchte nicht in die Schaffung der 10 US Vollzeitarbeitsplätze beteiligt sein, und lieber beschränken ihre Investitionen bis zu $ 500.000 USD, dann die Regional Center oder EB -5 Pilotprogramm ist die bessere Option Einwanderung.

Espanol

La visa EB-5 para los inversionistas inmigrantes es una visa de Estados Unidos creado por la Ley de Inmigración de 1990. This visa provides a method of obtaining a green card for foreign nationals who invest money in the United States. To obtain the visa, individuals must invest at least $1,000,000 USD, creating at least 10 jobs [1]. Esta visa proporciona un método para obtener una tarjeta de residencia para los extranjeros que invierten dinero en los Estados Unidos. Para obtener la visa, los individuos deben invertir al menos $ 1,000,000 USD, la creación de al menos 10 puestos de trabajo [1]. By investing in certain regional centers with high unemployment rates, the required investment amount is $500,000. The Immigrant Investor Pilot Program was created by Section 610 of Public Law 102-395 on October 6, 1992. Al invertir en determinados centros regionales con altas tasas de desempleo, el monto de inversión requerido es de $ 500.000. Los inversores Programa Piloto de Inmigrantes fue creado por el artículo 610 de la Ley Pública 102-395 el 6 de octubre de 1992. This was in accordance to a Congressional mandate aimed at stimulating economic activity and job growth, while allowing eligible aliens the opportunity to become lawful permanent residents. Esta fue, de acuerdo a un mandato del Congreso destinadas a estimular la actividad económica y el crecimiento del empleo, permitiendo al mismo tiempo los extranjeros elegibles la oportunidad de convertirse en residentes permanentes legales. This "Pilot Program" required only $500,000 of investment in exchange for permanent resident status. Este "Programa Piloto" necesaria sólo $ 500.000 de inversión a cambio de estatuto de residente permanente. The investment could only be received by an economic unit defined as a Regional Center. A Regional Center is defined by any economic unit, public or private, engaged in the promotion of economic growth, improved regional productivity, job creation and increased domestic capital investment. La inversión sólo puede ser recibido por una unidad económica define como un Centro Regional. Un Centro Regional se define por una unidad económica, pública o privada, dedicada a la promoción del crecimiento económico, la mejora de la productividad regional, creación de empleo y aumento de la inversión de capitales nacionales. Prior law required the investment in the Regional Center to generate an increase in export sales, however statutory amendments in 2000 and 2002 no longer require this increase. The individual receiving the visa is not required to actively manage the business invested in. For investors who wish to invest in a new or existing business, have an active role in the management of the operation, and have at least one million US dollars to invest, then the traditional EB-5 visa is the best option. Antes de la ley requiere la inversión en el Centro Regional para generar un aumento en las ventas de exportación, sin embargo las modificaciones legales en 2000 y 2002 ya no necesitan este aumento. La persona que recibe el visado no está obligada a gestionar activamente la empresa invirtió in Para los inversionistas que deseen para invertir en un negocio nuevo o ya existente, tienen un papel activo en la gestión de la operación, y tener al menos un millón de dólares EE.UU. para invertir, a continuación, la tradicional visa EB-5 es la mejor opción. But for those who would prefer a passive role in the management of their investment, do not wish to be involved in the creation of the 10 US full time jobs, and would rather limit their investment to $500,000 USD, then the Regional Center, or EB-5 Pilot Program is the better immigration option. Pero para aquellos que prefieren un papel pasivo en la gestión de su inversión, no desea participar en la creación de 10 empleos en EE.UU. a tiempo completo, y prefiere limitar sus inversiones a US $ 500.000, entonces el Centro Regional, o EB -5 Programa Piloto de la inmigración es la opción mejor.

Russian

Инвестиции на Green Card
EB5 Visa
Пятый предпочтения: создания рабочих мест Green Card.

Пятое предпочтение занятости на основе зеленой карты зеленая карта инвестора. До 10 000 иммиграционных виз каждый год зарезервированы для инвесторов-иммигрантов, которые инвестируют не менее $ 1 млн в бизнес США ($ 500 000 для предприятий, расположенных в "целевые области занятости»). Эта виза также известный как "создание рабочих мест визы", потому что он требует доказательств того, что бизнес будет создать или сохранить не менее десяти рабочих мест в Соединенных Штатах. Члены семей иммигрантов инвесторов могут быть использованы на предприятии, но их работа не может быть засчитан в десять Требования к работе.

Чтобы квалифицироваться как иммигрант инвестор, иностранный гражданин должен инвестировать в новые коммерческие предприятия. Это может быть сделано, начиная новый бизнес, или путем расширения и существенного изменения чистой стоимости бизнеса, или увеличения числа работников на 40%. Инвестиции должны быть в прибыли для предприятия любого типа структуры (Партнерство, холдинговая компания, ООО, корпорация, совместное предприятие, или любой другой тип лица, государственной или частной).

"Целевой области занятости" является регионом, который соответствует переписи населения США определение «сельский» или имеет уровень безработицы по крайней мере 150% от среднего по стране.

Есть несколько регионов, в которых были обозначены Департамент Национальной Безопаности быть "Региональные Центры". Эти области были приняты DHS для инвесторов в определенных видов деятельности, а также "создание рабочих мест" элемент был предварительно сертифицирован. В этих региональных центров, инвестор не обязано доказывать прямое создание десяти рабочих мест США, потому что DHS уже определил, что десять рабочих мест в США будет косвенно созданных инвесторами.

EB-5 Процесс может быть долгим, запутанным и Ладена с документами. Фирма Mentor закон может помочь вам (1) оказание помощи индивидуальным предпринимателем в представлении и индивидуальных EB-5 приложений, (2) получение EB-5 приложений для инвестора в существующем проекте сертифицированным региональный центр, или (3) помогает разработчикам получить Региональный центр сертификации для проектов, которые привлекут множество индивидуальных инвесторов.

ЕВ-5 виз являются текущими. Положения, регулирующие рассмотрении EB-5 ходатайств исторически были интерпретированы Службой очень узко.

Chinese

投資綠卡
EB5簽證
第五優先:創造就業綠卡。

第五優先就業為基礎的綠卡是投資者的綠卡。多達10,000個移民簽證,每年被保留移民投資者投資至少100萬美元一個美國業務(500,000美元的企業位於有“針對性的就業領域”)。這種簽證也被稱為“創造就業簽證,”因為它需要顯示該業務將創建或保存在美國至少10個就業崗位。移民投資者的家庭成員可能會在企業就業,但他們的工作可能不被計入十個工作要求。

為了符合投資移民資格,外國人必須投資在一個新的商業企業。開始一個新的業務,或通過擴大和大幅改變一個企業的身家,或工人的數量增加了40%,這是可以做到。投資必須在任何類型的結構以盈利為目的的企業(合夥企業,獨資,控股公司,企業,合資企業,或任何其他類型的實體,公開或私下持有)。

A“目標就業區”是一個符合美國人口普查局定義的“農村”的地區或失業率至少150%的全國平均水平。

有一些已被指定的地理區域,由國土安全部“區域中心”。投資者在某些類型的企業,這些地區已接受由美國國土安全部“創造就業機會”的元素已經預認證。在這些區域的中心,投資者不必證明直接創造10個美國就業,因為美國國土安全部已經確定,投資者將間接創造10個美國就業崗位。

EB-5的過程可能會很長,混亂和載貨文書。導師律師事務所可以幫助你(2)(1)協助個別企業家在提出和個人EB-5申請準備申請EB-5投資者在現有認證的區域中心項目,或(3)幫助開發人員獲得區域中心的認證項目,將吸引了眾多的個人投資者。

目前EB-5簽證。審理EB-5申請的監管歷來被解釋由服務非常狹窄


Our strategy:

• Buying properties through such means remains a time proven technique for earning solid returns during down cycles. Our system allows us to purchase properties at such a discount that we have been able to consistently make a high return on our investment. The investment is guaranteed by real estate being purchased for less than 50% of FMV. We acquire both residential and commercial properties. When we purchase residential property we repair and re-list it for immediate resale, using minimal funds to fix the properties for the greatest return in the shortest period of time. We can then resell the properties at a 20% discount or greater from FMV in order to get out of the property with a substantial profit which can then be reinvested in other properties thereby maximizing the ROI. Our resale time frame is from 1-4 months. If we identify and purchase income producing commercial properties where the net ROI is over 20%/year, then we may decide to retain the property, fix it up for higher rents and wait for the market value to increase. As we acquire more properties we employ more people for research, marketing, property management, property maintenance and negotiations. Our growth is only limited by our investment capital.

 

Seiss Real Estate and EB5 Visa Investments

• Seiss Real Estate provides the perfect avenue for a foreign national to obtain a green card (permanent residency) for both the investor, his wife and unmarried children at the time of the application. By investing in ALDI, the investor will not only earn an excellent ROI but will gain the conditional green card in approximately 6 months and permanent green card in 2 years.

 

• In order to reduce fraud a two-year conditional permanent residence status is given to EB-5 investors and their immediate family members (spouse and unmarried children). Conditional permanent residents have the same rights, privileges and responsibilities as permanent residents, but must apply to remove the conditions prior to the end of the two-year period. The application to remove the conditions must include documents showing that: A commercial enterprise was established. The person invested the proper amount of capital. Ten (10) full-time jobs have been created as a result of the investment. The capital invested was lawfully gained. He or she "sustained the actions required for removal of the conditions" during his or her residence in the United States. An alien entrepreneur will have met this requirement if he or she has "substantially met" the capital investment requirement and has continuously maintained this investment during the conditional residence period. The USCIS will examine the business to determine whether the investor has complied with all of the established requirements. The entrepreneur's residence may be terminated at the end of the two-year period or earlier if it is found that the business was not established, or was established solely to evade immigration laws or that the requirements were otherwise violated. Otherwise, the foreign investor and his/her family will be granted full permanent residence.

 

Seiss Real Estate works directly with attorney Joshua Bratter, Esq. of Bratter Krieger LLP. Mr. Bratter has an extensive background in international and immigration law, having served with the Organization of American States, written many published articles on Immigration and served on former Presidential candidate Joseph Lieberman’s Immigration Task Force. We also work with other very experienced Law Firms.

 

 

 
 
 
 

For other visa options see below

Nonimmigrant Visas

 
 

B-1/B-2 visas are for temporary visitors for business or pleasure, who have a foreign domicile that they have no intention of abandoning.

B-1: Temporary Business Visa.

B-1 visas authorize entry for business purposes and permit an individual to conduct business-related activities that do not constitute entry into the United States workforce. The types of activities authorized under the B-1 visa can lead to a great deal of confusion, since “business related” activities are synonymous in most people’s minds with work, and working without authorization is strictly forbidden under the United States Immigration laws, carrying the penalty of a permanent bar to adjustment of status (except for immediate relatives of United States Citizens). Some of the activities that have been considered consistent with B-1 status are: business acquisition and formation activities, trips to make feasibility studies, business conventions held in the United States, sales meetings between international companies where the sales person receives payment or commissions outside the U.S. by a non-U.S. firm, job interviews, and some international commercial truck drivers. Please arrange for a consultation for answers to specific questions.

B-2: Temporary Non-Business Visitor Visa.

B-2 visas are for visitors for pleasure. This is the most common type of visa for visitors on vacation or another short term purpose. “Pleasure” has been defined in 22 C.F.R.§ 41.31(b)(2) as “legitimate activities of a recreational character, including tourism, amusement, visits with friends and relatives, rest, medical treatment and activities of a fraternal, social or service nature.”

E-1: Treaty Trader Visa.

The E-1 allows a beneficiary to enter the United States to engage in substantial international trade between the U.S. and the beneficiary’s home country. Trade is defined as the international exchange of goods or items of trade for monetary or other gain, between the United States and the treaty country. “Items of trade” is not limited to goods, but may also include services, banking, insurance, communications, tourism, management consulting, tangible commodities, merchandise, data, data processing, advertising, and technology. The beneficiary’s company must be the petitioner, and it may be either a foreign-based entity or a U.S. affiliate. In either event, at least 50% of the petitioning entity must be owned by nationals of the treaty country, and none of the persons comprising the 50% foreign ownership may be individuals who are lawful permanent residents. Trade must be principally between the United States and the treaty country, and at least 50% of the petitioner’s trade must be international as opposed to domestic (within the United States). The E-1 is a very common visa for persons engaged in importing and exporting many types of goods and services.

49 countries have treaties with the United States that permit their citizens to obtain the E-1 visa and work lawfully in the United States.

The E-1 is granted for an initial period of two years and is renewable for two year extensions. All E recipients must demonstrate a foreign residence with no intention to abandon it.

E-2: Treaty Investor Visa.

The E-2 visa is for principals and employees of businesses that are at least 50% owned by nationals of the participating treaty country, who establish entrepreneurial, commercial ventures in the United States comprised of a “substantial investment.” The dollar amount necessary to constitute a substantial investment has not been clearly defined by USCIS, and it is evaluated on a case-by-case basis depending on the type of enterprise. Suffice to say that the dollar amount must be truly “at risk,” meaning that the amount of the start-up funds should be “substantial” in proportion to the total cost of start-up or acquiring the business. In addition, the lower the initial start-up costs, the higher the proportion of the initial investment. Thus, for small businesses, the infusion of start-up cash will need to be a higher percentage of the whole cost of the business than for a high start-up cost business. Finally, the business cannot be marginal, i.e., it must be anticipated to create a return on investment that is well in excess of the investor’s bare living expenses.

The type of business must be one that requires active management and entrepreneurship. Passive investment, as a silent partner or an investor in real estate, will not satisfy this criterion.

73 countries have treaties with the United States that permit their citizens to obtain the E-2 visa and work lawfully in the United States.

F-1: Student Visa.

This visa is the most well known and highly used visa for foreign students coming to the United States temporarily to pursue a full time course of academic study in an accredited school. The F applicant will be scrutinized closely as to immigrant intent and should be prepared to document his or her foreign domicile and an intention not to abandon it.

An F applicant must demonstrate that he or she has been accepted at an accredited academic institution that participates in SEVIS (Student and Exchange Visitor Information System). This requires the applicant to submit an I-20 form issued in his or her name by the foreign student department or advisor from the applicant’s school. In addition, the applicant must produce proof of having paid the SEVIS fee.

The F-1 is intended for academic institutions as opposed to vocational ones. It is not permitted for an applicant to attend public elementary school, although it is frequently used for children of nonimmigrant parents to attend private schools. F-1’s may attend secondary public school as long as the attendance is less than twelve months and the student reimburses the school district the per-student cost of attendance.

In order to maintain F-1 status, a student must be enrolled in at least twelve credit hours per semester. In addition, an F-1 may not change schools without approval from SEVIS. Remember that a school’s foreign student department is required to advise SEVIS as soon as F-1’s fail to maintain full-time student status, including graduation.

An applicant should not attempt to change status or apply for F-1 status at a consulate more than 120 days before the start of the academic term in question, as the visa will be denied. Once the visa is granted, the recipient may enter the US no more than thirty days before the start of school.

H-1B: Specialty Occupation Visa.

This visa is a nonimmigrant working visa for persons engaged in a Specialty Occupation or certain Fashion Models of Distinguished Merit and Ability who seek entry to the United States temporarily to engage in such activities for a United States employer.

The H-1B is probably the most popular visa considered by foreign nationals who are planning for permanent residence. This is because it can be converted to a green card through a labor certification in many cases, and because it is very flexible and recognizes the Doctrine of Dual Intent (below). However, its availability has been curtailed significantly because of limitations on the total number of H-1B’s that are issued each year. The current cap is 65,000 H-1B’s for new employment (i.e., renewals are not subject to the numerical limitation.) USCIS begins accepting H-1B petitions in April of the fiscal year preceding the fiscal year beginning on October 1. By way of example, H-1B applications for Fiscal Year 2009 began being accepted on April 1, 2008 for an October 1, 2008 employment start date. The 65,000 cap was reached on the first day, and a lottery system was employed to distribute the available visas.

There is a separate cap of 20,000 for holders of a Master’s Degree (or higher) or the equivalent. The cap for FY 2007 was reached in July of 2006. No cap exists for individuals who will be working for certain types of educational organizations that are not H-1B dependent, as well as certain other exemptions.

Specialty Occupation has been defined as one in which the nature of the duties are so specialized and complex that the knowledge required to perform them is normally only found in individuals who possess a B.A. or higher degree. Note that the position to be filled by the H-1B beneficiary must be one for which the industry custom ordinarily requires a bachelor’s degree or better. The proposed beneficiary must have the required degree (or commensurate experience) in the same field as the position opening.

Fashion Models of Distinguished Merit and Ability means that the individual is prominent in his or her field and the position to be filled in the United States requires prominence. “Prominence” means well-known, high profile or renowned in the fashion industry. An H-1B fashion model applicant must be prepared to document the extent of her or his reputation through proof of participation in prominent events, copies of contracts demonstrating high salary, and/or recognition by fashion critics.
Initial validity and extensions: An initial H-1B is granted for the period of proposed temporary employment not to exceed three years. The visa may be extended.

Doctrine of Dual Intent: While the vast majority of nonimmigrant visas require the beneficiary or applicant to demonstrate that he or she has a permanent domicile outside the United States that he or she has no intention of abandoning, this requirement is overlooked for H-1B , L-1, O-1 and P-1 recipients. The significance of this is that a holder of a visa in any one of these categories will be permitted to enter the U.S. as a nonimmigrant if he or she is the beneficiary of an immigrant petition or an application to adjust status, provided he or she continues to work in H-1B status for the same employer, has a valid visa, and presents his or her original approval notice to the border official on entry.

Chileans and Singaporeans: A new visa category was created with the signing of the US-Chile and the US-Singapore free trade agreements: the H-1B1. The H-1B1 is reserved for nationals of Chile and Singapore. It is similar to the H-1B Specialty Occupation, but more expansive: the H-1B1 includes as additional categories of “Specialty Occupation” workers that are not found under the H-1B visa. These are the Agricultural Manager and Physical Therapist for Chileans, and Management Consultants and Disaster Relief Claims Adjusters for nationals of either Chile or Singapore.

6,800 of the 65,000 annual cap on H-1B visas are set aside for nationals of Chile or Singapore.

The H-1B1 visa application process is extremely streamlined. A would-be H-1B1 beneficiary applies for the visa directly at the US Consulate in Chile or Singapore and in most cases the visa is adjudicated on the spot. There is no need for an employer to file a separate petition with the Department of Homeland Security, as in the case of the H-1B.

H-2A: Temporary Agricultural Labor Visa.

This visa is for people seeking entry to perform agricultural labor or services of a temporary or seasonal nature. The applicant must be coming to US temporarily, to be performing temporary services/labor, and employer must demonstrate through a temporary labor certification that there are no available lawful permanent resident or United States Citizen workers capable of performing such service or labor.

H-2B: Temporary Non-Agricultural Labor Visa.

This visa is for a skilled or unskilled applicant coming to the US temporarily to perform temporary nonagricultural services or labor, based on a seasonal need or a peak season type of situation. The employer-petitioner must get a temporary labor certification, in other words, a statement from the United States Department of Labor that there does not exist any United States Citizen or Lawful Permanent Resident workers available for the position, and that employment of the foreign national worker will not adversely affect US wages and working conditions for similarly employed workers in the US. Consideration is taken of prevailing wage rates for the type of work and the geographical location in question. The employer must further demonstrate that the request for temporary labor is based on a seasonal need or a unique or occasional occurrence.

H-2B’s are limited to 66,000 visas per year. Initial approval is granted for one year, with up to three one year extensions (maximum three years).

H-3: Temporary Training Visa.

Temporary workers entering for the purpose of receiving training or instruction. The H-3 must have an invitation from a U.S. petitioner offering specialized training in a position that is not intended to result in employment in the United States. The proposed training must not be available in the beneficiary’s home country, and the position filled must not deprive citizen or lawful permanent resident workers of employment. Any employment must be incidental and necessary to the training offered, and the training must benefit the foreign national in seeking a career outside the United States. The beneficiary must also demonstrate that he or she has a foreign domicile that he or she intends to return to at the end of the training.

Maximum stay permitted: The lesser of two years or the length of the training program. No extensions or changes of status. Beneficiary must reside outside the United States for at least six months before being readmitted in H-3 status.

H-3 Special Education Exchange Program: This program allows applicants to receive training in special education working with disabled children. The beneficiary must have a U.S. sponsor/petitioner that is a facility for educating disabled children, and the facility must have regular faculty that is trained in special education.

The maximum stay permitted is 18 months, and the beneficiary must be a BA or higher degree candidate or the equivalent.

J-1: Exchange Visitor Visa.

This is a nonimmigrant exchange visitor with no intention of abandoning his or her foreign residence. The J-1 category probably extends to the largest number or different activities (aside from the B1/B-2). The activities include but are not limited to: Professor, research scholar, trainee, college or university student, teacher, physician, or simply a waiter or waitress on a temporary exchange program.

Some J-1 holders are subject to the two year foreign residence requirement. This means that they must return to their home country for a period of two years at the end of the J-1 training, in order to render services there in the area of expertise. The theory behind this requirement is that the J-1 holder’s country participated in an exchange program that enabled and encouraged its nationals to receive specialized training that is not highly available in that person’s country, and the country is entitled to receive the benefit of having its nationals receive that training. In other words, for certain types of categories, the J-1 will be required to “give back” to his or her home country before qualifying for another nonimmigrant visa category, or before becoming eligible to immigrate. Not surprisingly, the J-1 categories that are subject to the two-year foreign residency requirement are usually the “learned” professionals, like physicians. J-1 recipients who are subject to the 2 year residency requirement may be eligible for a waiver under certain circumstances.

K-1: Fiancé Visa.

The K-1, also known as the Fiancé Visa, enables a US citizen to bring his or her intended spouse to the United States for marriage here. A K-1 petitioner must demonstrate that he or she has personally met his or her fiancé within the two years of filing the petition, that both parties are eligible to marry, and intend to do so within 90 days of the beneficiary’s entry into the U.S. A K-1 visa petition must also be accompanied by a certified copy of the petitioner’s criminal record, if any. This is to prove that the petitioner has not been charged with any crime involving spousal abuse or domestic violence, which creates a bar to the petition unless the petitioner can prove that he or she was battered or subjected to extreme cruelty and that he or she was not the primary perpetrator of the violence.

Once the petition is approved stateside, notice is wired to the consulate with jurisdiction over the fiancé's place of residence, and the beneficiary may process for the K-1 visa. This will involve police checks, medical clearance, and an in-person interview.

Note that the K-1 visa holder can neither extend his or her stay nor change status.

Once the parties marry the K-1 visa holder can simply file an application to adjust status to lawful permanent residence without the necessity of a spousal petition. Conditional residence is granted for a period of two years, as in a spousal petition, and both parties must petition for removal of conditions within six months of the two year anniversary of the granting of conditional residence.

K-2: Minor Children of the Fiancé (K-1).

Note: it is very important to establish that the K-1 has permission from the K-2’s other parent or a court order to remove the child or children out of the country.

K-3: Spouse of U.S. Citizen.

The K-3 is a recently created phenomenon (2000) that addresses the all too common situation of a US Citizen whose foreign national spouse wants to enter the US but has not yet processed for lawful permanent resident status. The US Citizen petitions the USCIS for permission to bring his or her spouse into the United States, and must include proof that an Alien Relative Petition has been filed. The petitioner must also include the petitioner’s criminal record, if any. This is for the purpose of proving that the petitioner has not been convicted of any crime involving spousal abuse or domestic violence (waivers are possible; see discussion under K-1, above). Once the petition has been approved, the consular post processes for visa issuance. The Beneficiary (visa applicant) must produce a standard immigrant visa medical examination, criminal background check, local police certificates, and the affidavit of support from the US Citizen spouse to overcome the public charge presumption. The K-3 visa is valid for a period of two years and is a multiple entry visa (unlike the K-1), meaning that the recipient may travel in and out of the United States without obtaining advance parole.

As with the K-1, K-3 holders may not change their nonimmigrant status. In addition, a K-3 beneficiary may not adjust his or her status in any category.

Employment authorization is permitted.

L-1: Intracompany Transferee Work Visa.

The L-1A visa may be obtained by a foreign company that owns or starts up a United States subsidiary, on behalf of an intracompany transferee manager or executive coming to the United States for the purposes of managing or directing the functions of the US subsidiary.

The L-1B is for employees with specialized knowledge (usually of trade product or processes or the company’s specialized manner of doing business).

The employee must have worked abroad for the foreign company for at least one year out of the three years preceding the L-1 petition. Where a foreign company starts a new US business, the L-1 is granted for an initial period of one (1) year, with two three (3) year extensions for a total permissible period of seven years. In such a case the foreign petitioner must make a satisfactory demonstration of growth and anticipated success of the start-up after the initial one year period, in the form of additional employees, new orders, or plans for expansion.

The L-1A is greatly favored by immigration practitioners, because it offers two distinct advantages:

1) It recognizes the doctrine of “dual intent,” meaning that an L-1 beneficiary can maintain his L status and simultaneously apply for permanent residence. He or she may also leave the country and reenter with impunity;
2) A foreign petitioner may in many cases petition almost immediately for permanent residence for the L-1A intracompany transferee executive/manager, under the employment-based first preference immigrant visa category. There is no labor certification requirement, and the priority dates for EB-1 visa petitions are current, meaning that the only waiting time is for the adjudication of the I-140 (several months to one year). This is a highly significant advantage, since all other employment based immigrant petition categories have a waiting list of several years.

To purchase a book on this topic go to http://www.lvisabook.com/

M-1: Vocational Student Visa.

The M-1 is for vocational students, which the Service defines as students enrolled in either an academic or a purely vocational curriculum. This visa is often used by flight training students or those who wish to enroll in a trade school. (Note that there are specific regulations for flight training students who wish to be trained on an aircraft with a maximum certified takeoff weight of 12,500 or more.) It is also used for English language instruction. Note that the duration of status is limited to three years, which is significantly shorter than the F-1.

O: Extraordinary Ability or Achievement Visa

The O is for “persons with extraordinary ability in the sciences, arts, education, business or athletics which has been demonstrated by sustained national or international acclaim.” While the O is limited to persons who have achieved a certain status in their field, it covers an extremely broad range of endeavors. The O-2 extends to support personnel integral to the principal O visa holder. An O visa beneficiary must demonstrate national and/or international recognition in his or her field, through critical reviews, news articles in the field of specialty, a record of commercial success through lucrative contracts or highly paid appearances, and significant recognition by experts in the field or trade organizations. The petitioning entity (not the O beneficiary him- or herself) must include an itinerary.

The O is granted authorization to remain in the U.S. for such time as the Service determines, but in no event more than three years.

The doctrine of dual intent is recognized for O visa holders (see discussion of dual intent under H-1B, above).

P: Athletes, Artists, and Entertainers Visa.

The P visa is for athletes and group entertainers, that are internationally recognized (P-1A) or members of his/her entertainment group of at least one year (P-1B). The P-2 is for reciprocal exchange artists.

The P-3 is for essential support personnel, and the P-4 is for dependents of any of these categories.

TN: Treaty NAFTA Visa.

The TN, or Treaty NAFTA, visa is reserved for citizens of Canada and Mexico. The North American Free Trade Agreement facilitates the conduct of business between the US, Canada and Mexico. The TN visa is a streamlined working visa for certain types of professionals recognized by the Free Trade Agreement. Professional is defined in terms of the necessity of achieving at least a baccalaureate degree or other appropriate credentials demonstrating status as a professional. The list of professionals can be found at 8 CFR 214.6( c). Canadians seeking entry as a TN professional may apply at the port of entry or a Pre Flight I with a letter from the U.S. employer describing the position, why a professional degree is required, the temporary nature of the position, and requesting that the applicant be conferred TN status.

TN status is granted in increments of up to three years, with no definite limit on the number of times a person may renew. The doctrine of Dual Intent does NOT apply to TN holders.

IMMIGRANT VISAS

An immigrant is defined by the Immigration and Nationality Act as any person seeking admission as other than a nonimmigrant. In other words, every foreign national seeking admission to the United States is presumed to be coming with the intention of remaining permanently, and he or she must disprove immigrant intent. Persons holding nonimmigrant visas are still presumed to be seeking admission as immigrants, and when they present themselves at the port of entry they should be prepared to produce evidence of their intent to remain temporarily, if necessary.

A person seeking to immigrate permanently to the United States must have a basis for doing so, usually through employment or family.

EMPLOYMENT-BASED IMMIGRANT VISAS

There are five categories of employment based immigrant visas:

First Preference: EB-1 Visas.

First Preference: EB-1 visas do not require a Labor Certification. EB-1 is reserved for:

Persons of Extraordinary Ability: people with extraordinary ability in the arts, sciences, arts, education, business, or athletics, as demonstrated by sustained national or international acclaim and whose contributions to the field have been documented extensively. Extraordinary Ability applicants may petition for themselves, but they must be able to demonstrate that their entry will substantially benefit the United States.

Outstanding Professors and Researchers: These applicants must have a minimum of three years experience in teaching or research in an academic discipline, and they must have achieved international recognition as being outstanding in their field. No labor certification is required, although the applicant must have a written job offer from an employer sponsor.

Multinational Executives and Managers: These individuals must have been employed abroad for at least one year out of the last three years, by a foreign entity, corporation that is a subsidiary or affiliate of the U.S. petitioning entity. The individual must be seeking to enter the U.S. to continue to render managerial or executive services for the petitioner.

A labor certification is not required, but the petitioning entity must produce a written job offer.

The EB-1 category is “Current,” which means that the beneficiary of an approved petition is eligible to apply for his or her permanent residence immediately.

Labor Certification.

A Labor Certification is a required step for many employment-based immigrant petitions under the Second, Third and Fourth preference. Prior to filing a visa petition, the sponsoring employer must first get a certification from the United States Department of Labor that there do not exist able, qualified, and willing US employees to fill the position in question. New regulations about Labor Certifications have greatly reduced the processing time; however, there are very stringent recruitment and other requirements that must be adhered to before a Labor Certification will be granted.

Second Preference: EB-2 Visas.

EB-2 visas do require a Labor Certification, with exceptions. EB-2 is reserved for:

Members of the Professions Holding Advanced Degrees: The degree must be a master’s degree or its equivalent. In addition, the position the beneficiary will fill must be one that normally requires the degree in question.

An EB-2 may sidestep the labor certification requirement if he or she qualifies for a National Interest Waiver or if the person’s occupation is a Schedule A occupation (See discussion of Schedule A Occupations under EB-3, below). A National Interest Waiver is only available to EB-2 applicants, and it requires a demonstration that the person will be employed in an area of substantial merit, that the employment will provide a national benefit, and that to require a labor certification would impart a detriment to the national interest.

Persons of Exceptional Ability: A person of exceptional ability has achieved a high level of expertise in his or her field but does not necessarily rise to the level of an EB-1 Person with Extraordinary Ability. May be exempted from Labor Certification requirement if applicant can also meet the criteria for a National Interest Waiver or applicant is in a Schedule A, Group II category. To prove exceptional ability, a person must show that he or she possesses at least three of the following:

A university degree relating to the area of exceptional ability;

  • Evidence in the form of letter(s) from current or former employer(s) showing that the foreign national has at least ten years of full-time experience in the occupation for which he or she is being sought;
  • A license to practice the profession or certification for a particular profession or occupation
  • Evidence that the foreign national has commanded a salary, or other remuneration for services, which demonstrates exceptional ability;
  • Evidence of membership in professional associations; or
  • Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.

The EB-2 category is “Current,” which means that the beneficiary of an approved petition is eligible to apply for his or her permanent residence immediately.

Third Preference: Professionals, Skilled Workers, and Other Workers.

“Professional” is defined as a qualified foreign national who holds at least a United States baccalaureate degree or a foreign equivalent degree and who is a member of the professions. The Service acknowledges that “professions” include, but is not limited to: architects, engineers, lawyers, physicians, surgeons, and teachers. The list expands constantly.

“Skilled worker” is defined as a foreign national who is capable, at the time of petitioning for this classification, of performing skilled labor (requiring at least two years training or experience), not of a temporary or seasonal nature, for which qualified workers are not available in the United States. Relevant post-secondary education may be considered as training for the purposes of this provision.

“Other worker” is defined as a qualified foreign national who is capable, at the time of petitioning for this classification, of performing unskilled labor (requiring less than two years training or experience), not of a temporary or seasonal nature, for which qualified workers are not available in the United States.

The EB-3 category requires a labor certification, unless the position in question is a “Schedule A Occupation,” which is considered to be an occupation in which the US labor market suffers from a shortage of qualified workers.

Schedule A Occupations.

These are occupations that are considered to have a shortage of qualified and able US or lawful permanent residents available to fill. An applicant need not get a labor certification to file an immigrant petition based on one of these occupations, although he or she will need a job offer and a petitioning employer/sponsor:

-Physical Therapists;
-Professional Nurses;
-Foreign Nationals of exceptional ability in the Arts (other than performing arts) or Sciences (must be recognized,outstanding performance well above the standard for professional competence in the occupation). This category also extends to college and university teachers who have exceptional ability.

Fourth Preference: Religious Workers and Translators.

This is the Special Immigrant category and primarily includes religious workers.

The Fourth Preference is nearly current.

Fifth Preference: The Employment Creation Green Card.

The fifth preference employment-based green card is the investor’s green card. Up to 10,000 immigrant visas each year are reserved for immigrant investors who invest a minimum of $1,000,000 in a United States business ($500,000 for businesses located in "targeted employment areas"). This visa is also known as the “employment creation visa,” because it requires a showing that the business will create or save at least ten jobs in the United States. Family members of the immigrant investor may be employed in the enterprise, but their jobs may not be counted toward the ten job requirement.

To qualify as an immigrant investor, the foreign national must invest in a new commercial enterprise. This can be done by starting a new business, or by expanding and substantially changing the net worth of a business, or increasing the number of workers by 40%. The investment must be in a for profit enterprise of any type of structure (partnership, holding company, sole proprietorship, corporation, joint venture, or any other type of entity, publicly or privately held).

A "targeted employment area" is a region that fits the U.S. Census definition of "rural" or has an unemployment rate at least 150% of the national average.

There are some geographic areas that have been designated by the Department of Homeland Security to be "Regional Centers." These areas have been accepted by DHS for investors in certain types of businesses, and the "job creation" element has been pre-certified. In these Regional Centers, an investor need not prove the direct creation of ten U.S. jobs, because DHS has already determined that ten U.S. jobs will be indirectly created by the investors.

The EB-5 process can be long, confusing and laden with paperwork. Mentor Law Firm can help you by (1) assisting the individual entrepreneur in presenting and individual EB-5 application; (2) preparing an EB-5 application for an investor in an existing certified Regional Center project, or (3) helping developers obtain Regional Center certification for projects that will attract a multitude of individual investors.

EB-5 visas are current. The regulations governing the adjudication of EB-5 petitions have historically been interpreted by the Service very narrowly.

FAMILY PETITIONS

Immediate Relatives: Spouses, unmarried children under 21 (including stepchildren if under 18 at the time of parents’ marriage) and parents of United States Citizens. The category also includes widows and widowers of USC’s if they self-petition within two years of the spouse’s death, they were married for at least two years, and the survivor is unmarried. Battered spouses may also self-petition under certain criteria.

All beneficiaries of approved immediate relative petitions are immediately eligible to adjust status to lawful permanent resident.

All other family petitions are subject to a quota system based on order of preference, as follows:

First Preference: Unmarried sons and daughters of US Citizens (waiting time between 6 and 17 years depending upon nationality of beneficiary).

Second Preference: A) Spouses and unmarried children of Lawful Permanent Residents (waiting time approximately 5 years);
B) Unmarried sons and daughters of Lawful Permanent Residents (waiting time approximately 10 to 15 years);

Third Preference: Married sons and daughters of US Citizens (waiting time 8 to 16 years);

Fourth Preference: Brothers and sisters of US Citizens (waiting time 11 to 22 years).

ADJUSTMENT OF STATUS

Adjustment of status is the process by which a foreign national obtains lawful permanent residence within the United States. If the foreign national gets his or her lawful permanent residence at a consulate, it is known as “consular processing.”

For an individual to adjust status to lawful permanent residence, he or she must be the beneficiary of an approved employment petition or a family petition. Once an immigrant petition has been approved, the foreign national must establish that he or she is admissible, in other words, that he or she is not inadmissible on some criminal or health-related ground, or because of violation of some other provision of the Immigration and Nationality Act. Even if a foreign national is subject to a ground of inadmissibility, there are sometimes waivers available for the specific ground. Difficulties can occur in the event the foreign national has been convicted of certain crimes, for example, people who have been convicted of certain “aggravated felonies” or “crimes of moral turpitude” are not eligible to become lawful permanent residents.

DETENTION AND DEPORTATION

Occasionally a person who is subject to deportation (“Removal”) will be detained by ICE (“Immigration and Customs Enforcement”) and placed in an immigration detention facility. Depending on the ground of removability, the detainee may be eligible for bond.

Defenses for removal proceedings include cancellation of removal, in which a foreign national demonstrates that he or she has resided continuously in the U.S. for at least ten years, has been a person of good moral character, has filed income taxes, has assimilated into and contributed to his or her community, and that his or her removal will impart an extreme hardship upon a US citizen relative.

Other avenues of relief available for individuals in removal proceedings include political asylum, Adjustment of Status, citizenship or various waivers. If an individual has been placed in removal proceedings because of criminal conviction it may be possible to challenge the grounds for legal sufficiency.



Search Foreclosures

Featured Properties

For Sale$3,500,000
  • 53000 Sq ft. (MOL)
  • Sarasota

Home Status Report

Want to know if a home is still on the market, or if the price has changed? We can help. Simply fill out the information below and with no obligation to you we'll get back to you with your requested information. We guarantee your privacy.

Your Information
Property Information
Fields with an * are required



 
State:
County:
City:
Zip: