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Basic Requirements For H-1B Visa/Status:
For individuals who can fill a specialty occupation (more commonly referred to as a professional occupation), H-1B visas/statuses are available. To be eligible for this visa/status, a job offer must already be in place for a position that requires at least a bachelor’s degree. Additionally, the employer offering the position must pay the prevailing wage for the position that is offered to the H-1B applicant.
Annual Cap:
Only 65,000 applicants are granted the H-1B visa/status every fiscal year, which begins for the United States Citizenship and Immigration Services (USCIS) on the first day of October. With that in mind, H-1B applications may be filed up to six months in advance of the beginning of the USCIS fiscal year, April 1.
In 2007, there were more than double the number of applicants than positions available. On the first day of the USCIS fiscal year in 2008, again, far more applications were received than the available number of H-1B visas/statuses. In both 2007 and 2008, petitions for the H-1B visa/status were selected by lottery. Though there was a significant reduction in the number of petitions in 2009 due to economic slowdown, it is expected that the cap will again become a problem when the economy fully rebounds.
However, it should be noted that not all H-1B visa/status applications are subject to the annual cap. For instance, individuals who already have the H-1B visa/status and are looking to extend their stay will not be counted toward the cap. Additionally, individuals who are employed by some universities, university-affiliated organizations, and non-profit organizations may not be restricted by the cap. Finally, those individuals who hold post-secondary degrees (master’s or better) from an institution in the U.S. will also be subject to a higher cap level.
Duration Of H-1B Status:
Initially, the H-1B status is available for up to three years. However, an individual may extend his or her H-1B status up to a total of six years provided the individual’s specialty occupation continues and the employer continues to be capable of compensating the prevailing wage.
Under some circumstances, individuals who hold H-1B status may obtain an extension beyond the sixth year if they hold labor certification (PERM), employment-based permanent residency, or an application for the adjustment of status that has been pending for more than a year. In those cases, H-1B status may be extended one year at a time.
Family Members:
Immediate family members—a spouse and any child who is younger than 21 and unmarried—of the primary beneficiary will be eligible for H-4 derivative status. As such, family members will be allowed to accompany primary beneficiary of the H-1B status into the U.S. Furthermore, anyone holding the H-4 status may attend schools in the U.S.
Fees:
When applying for the H-1B status, the Miami immigration attorneys at the Kaba Law Group, P.L.L.C. typically charge the following attorney’s fees when filing in the United States at the United States Citizenship and Immigration Services (USCIS) (please take a moment to look over this disclaimer), along with the fees currently charged by the USCIS to file an application:
Principal Worker:
Family’s Application (If Any Family Is Also Applying):
Consult With An Immigration Attorney In Miami:
At the Kaba Law Group, P.L.L.C., our Miami immigration attorneys are well experienced with the representation of clients applying for the H-1B status. To discuss how we may be of service to you with one of our Miami immigration attorneys, please call our Miami offices at (305) 245-9990 today.
For seasonal or temporary and non-agricultural skilled and unskilled workers, the H-2B visa/status is available. To obtain this status, the petitioning employer must intend to employ the worker only temporarily and, furthermore, must be capable of demonstrating the temporary need of the applicant’s skills. To be considered a temporary need, one of the following conditions must typically have been satisfied: 1) a seasonal need that is recurring; 2) a need that is intermittent; 3) a peak load need; or 4) a specific need that is based on a one-time occurrence.
Only 66,000 new applicants will be approved to receive the H-2B visa/status every fiscal year. Furthermore, the annual cap is equally divided into two groups: 1) 33,000 are distributed in the first half of the United States Citizenship and Immigration Services (USCIS) fiscal year and 2) 33,000 are distributed during the second half of the USCIS fiscal year.
The first half of the USCIS fiscal year begins on the first day of October every year, while the second half of the USCIS fiscal year begins on the first day of April every year. These petitions may be filed up to six months prior to the first day of each half of the USCIS fiscal year. In 2005, all of the available H2-B visas were claimed within the first three months of the fiscal year.
As a further stipulation, the position that is being offered may not be able to be filled by a qualified U.S. worker nor may it adversely affect the working conditions of any U.S. employee who holds a similar position.
The initial period of time granted to H-2B visa/status holders to work in the United States is largely determined by the period of time the services are needed for the temporary position. The period of time allotted under this visa/status should coincide with the length necessary to complete the temporary assignment. These positions should generally not extend beyond an initial period of one year, however extensions in increments of one additional year may be granted under special circumstances—though the total period must not exceed three years.
The spouse and children (as long as they are under 21 years old and unmarried) of H-2B primary beneficiaries are eligible for H-4 derivative status. As such, the spouse and children of the primary beneficiary may accompany him or her into the United States. Additionally, anyone with the H-4 derivative status will able to attend schools in the U.S.
There are three general steps in the application process: 1) the company that is petitioning on your behalf must file for your labor certification with the state workforce agency that has required the petitioning company to advertise for that specific position; 2) the company must then file a nonimmigrant petition with the USCIS; 3) the applicant must apply for the H-2B visa/status at a United States Consulate Office in his or her home country.
The Miami immigration attorneys at theKaba Law Group, P.L.L.C. charge the following in attorney’s fees for normal cases filed from within the United States at the USCIS (please take a moment to read this disclaimer), along with the fees charged by the USCIS:
At theKaba Law Group, P.L.L.C., our Miami immigration attorneys are extensively experienced with the representation of individuals applying for the H-2B visa/status. To discuss how one of our Miami immigration attorneys can help you, please call our Miami offices at (305) 245-9990today.
FAQs About H-2B Visa Status
Our firm works with temporary, seasonal, non-agricultural skilled, and unskilled workers every day to help them get the documentation required to work in the U.S. Following are questions we are frequently asked throughout the process.
What Is H-2B?
The H-2B is a temporary foreign worker program, commonly referred to as a guestworker program. The H-2B program allows the employment of foreign workers by U.S.-based employers for temporary periods. These nonimmigrant visas are different from “green cards,” which are immigrant visas that grant permanent residence. With this program, the employer owns the H-2B visa.
What Type Of Temporary Work Does H2-B Apply To?
The H-2B visa is available to companies that employ foreign non-agricultural workers. H-2B is only available for temporary work, such as:
What Is A Seasonal Need?
The H-2B visa can be used to fill a seasonal need for work that is typically associated with a season of the year and is of a recurring nature.
What Is A Peak-Load Need?
This means that the employer needs temporary workers to supplement the permanent staff during times of peak demand.
What Is An Intermittent Need?
This means the employer only has an occasional need for temporary workers to carry out the labor, and they do not typically employ permanent, full-time workers to perform the labor.
How May An Employer Qualify For The H-2B Program?
The employer must meet the following requirements:
Can I Apply For My Own H-2B Visa As A Worker?
Workers may apply for their own H-2B visas, but only if they are interested in working for a particular employer and that employer has received a temporary labor certification. Prospective workers can apply with the U.S. Department of State at a U.S. Embassy or Consulate in a foreign country or seek admission with a U.S. Customs and Border Protection at a port of entry.
How Long Can I Stay In The U.S. As An H-2B Worker?
You are allowed to stay in the country just for the period of employment indicated on Form ETA 750, also known as Application for Alien Employment Certification. This period can be no more than 12 months. If extraordinary circumstances exist whereby an employer needs the worker for longer, the employer may apply for an extension.
What Are Some Benefits Of The H-2B Visa?
Some of the primary benefits of the H-2B visa include:
Is There A Limit On The Number Of H-2B Visas Available?
There is a cap on the number of H-2B visas available each year. The current limit is 66,000 workers, with 33,000 of those workers beginning employment in the first half of the fiscal year and the remaining half of the workers beginning employment in the last half of the fiscal year.
What Limitations Are Specific To The H-2B Visa?
Limitations include:
How Can An Immigration Attorney Help?
The H-2B Visa process generally involves more than just filling out an application and waiting on the results. There are procedural requirements for obtaining benefits. Navigating the process can be time-consuming and challenging. It is highly recommended you seek the help of an experienced immigration attorney to help with the entire H-2B Visa process. Contact the immigration lawyers of theKaba Law Group, P.L.L.C. at (305) 245-9990for help today.
Basic Requirements:
L-1A visas/statuses may be granted to managers and executives who wish to transfer from a foreign company to a company in the United States that is a parent, subsidiary, or affiliate. To be eligible for this visa/status, an applicant must have worked for an eligible foreign company for one continuous year in the last three years before the date of application. As a further stipulation, both the foreign and U.S. company must continue to do business with each other. Furthermore, applicants must be actually qualified to perform the duties required of the position offered in the U.S.
Duration Of Stay:
While the L-1A status may be initially granted for up to three years, the USCIS determines the duration of this status on a case-by-case basis. For instance, the USCIS will typically only grant a single year to executives of newly established companies. However, so long as both the foreign and U.S. company continue to do business and remain affiliated, and so long as the employee remains in an executive or managerial position, the L-1A status may be extended to a maximum period of seven years (typically, in increments of two to three years).
Family Members:
When executives are granted L-1A status, their spouse and children (provided they are under 21 and not currently married) will be eligible for the derivative L-2 status. As such, a transferee’s spouse and children may accompany him or her into the United States. Additionally, the spouse of an L-1A status holder may apply for legal authorization to work in the U.S. and anyone with L-2 status may attend schools in the U.S.
Fees:
When filing from within the United States and at the United States Citizenship and Immigration Services (USCIS) (please read the disclaimer at the top of this page), the Miami immigration attorneys at theKaba Law Group, P.L.L.C. will charge the following in attorney’s fees and for the USCIS filing fees:
Principal Worker:
Family’s Application (If Any Family Is Also Applying):
Experience:
At theKaba Law Group, P.L.L.C., our Miami immigration attorneys are prepared to help you through every step of the L-1A application process. To schedule an appointment to meet with one of our Miami immigration attorneys, please call our Miami offices at (305) 245-9990today.
What Will I Need To Begin?
Frequently Asked Questions
Applying for a nonimmigrant visa is a very complicated process, and we know you may have lingering questions about the L-1A visa and application. Here are the answers to a few of our most frequently asked questions.
What Is The Difference Between L-1A And L-1B Status?
L-1A visas are reserved for companies’ executives and managers who are being transferred – in their executive or managerial capacity – to an affiliated company in the United States. To qualify for this status, a visa applicant must demonstrably serve as an executive or manager for their company.
In comparison, someone does not have to hold a managerial role to qualify for L-1B status. Instead, L-1B status hinges on a person’s “specialized knowledge.” Specialized knowledge can refer to various forms of know-how that company employees might hold and can bring to their new offices in the U.S. For instance, if someone is deeply knowledgeable about a particular product that their company offers, this person may be eligible for an L-1B visa.
Much like applying for the L-1A visa, you must have worked for your company for at least one year in the previous three to qualify for an L-1B visa. Unlike the L-1A, however, an L-1B visa can be extended to last a maximum of five years. (As a reminder, L-1A status can last up to seven years.)
How Does The USCIS Define “Executives” And “Managers”?
The USCIS defines “executive capacity” as “the employee’s ability to make decisions of wide latitude without much oversight.” In other words, someone who generally does not report to a supervisor or boss is considered to be an executive.
“Managerial capacity,” on the other hand, can refer to a wide range of overseeing functions. If you supervise employees and/or manage a particular department, subdivision, or function of your company, the USCIS may consider you a manager who is eligible for L-1A status.
If you are approved for L-1A status, your spouse will likely qualify for L-2 visa status, as will your children who are both unmarried and younger than 21. Only these family members are eligible for L-2 visas. Even if you provide for other family members, such as your elderly mother or 23-year-old son, they will unfortunately not be eligible for L-2 status.
If your first application for an L-1A visa is rejected, all hope is not lost. You are allowed to try again. In fact, you can technically apply for any nonimmigrant visa as many times as you want. However, it is highly inadvisable to count on the possibility of a successful subsequent application.
With each rejected application, your chances of being approved for a nonimmigrant visa become lower and lower. For this reason, it is important to make sure you have all your ducks in a row before submitting your initial application. This application must include all required components and be clear and well-organized in order to maximize your chances of approval.Kaba Law Group, P.L.L.C. can assist you in ensuring that your application is as strong as possible before you submit it.
Basis Requirements:
The L-1B visa/status is available to individuals who possess a specialized knowledge and who wish to transfer from a foreign company to an affiliate, subsidiary, or parent of a company in the United States. To be eligible, transferees must have worked for the eligible foreign company for one continuous year within the three years of the application date. Additionally, the foreign and U.S. companies must be and continue to be doing business with one another.
Duration Of L-1B Visa/Status:
While the L-1B visa/status may be granted for up to three years, employees of newly established companies will typically only be granted one year by the United States Citizenship and Immigration Services (USCIS). However, the L-1B visa/status may be extended to a maximum total period of five years (in two- or three-year increments) so long as both the foreign and U.S. companies continue to be affiliated, and so long as the employee remains employed for his or her specialized knowledge.
Family Members:
The spouse and children (who are not married and are under the age of 21) of the primary beneficiary will be eligible for the derivative L-2 status, thereby allowing eligible family members to enter the United States. Additionally, the primary beneficiary’s spouse will be eligible to apply for employment authorization and anyone with L-2 status will be allowed to attend U.S. schools.
Fees:
When filed from within the United States and at the United States Citizenship and Immigration Services (USCIS) (please read the disclaimer at the top of this page), the Miami immigration attorneys at theKaba Law Group, P.L.L.C. charge the following in attorney’s fees and for the filing fees currently charged by the USCIS:
Principal Worker:
Family’s Application (If Any Family Is Also Applying):
Experience:
AtKaba Law Group, P.L.L.C., our Miami immigration attorneys are prepared to represent you as you apply for the L-1B visa/status. To speak with one of our Miami immigration attorneys about the particulars of your situation, please call our Miami offices at (305) 245-9990today.
What Will Be Required For Me To Begin?
Frequently Asked Questions
We know that you may have many questions about the process of attaining an L-1B visa. Below, we have provided answers to some of our most frequently asked questions on this topic.
What Qualifies As “Specialized Knowledge” To Earn L-1B Status?
“Specialized knowledge” can include a wide range of knowledge and/or skills that an L-1B visa applicant may possess. According to the USCIS, this can mean knowledge of “the petitioning organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets.” It can also mean “an advanced level of knowledge or expertise in the organization’s processes and procedures.”
Essentially, an L-1B visa holder might hold specialized “how-to” knowledge used in the organization’s work, or more high-level familiarity with its internal procedures (or both). As long as an L-1B applicant has been with an eligible company for at least one year in the past three, many forms of knowledge will likely qualify for consideration.
Does My U.S. Employer Have To Do Anything For Me To Earn L-1B Status?
In order for you to qualify for an L-1B visa, your U.S. employer will need to have a valid relationship with the company you’ve worked for in the past. A qualifying company could be an affiliate, subsidiary, parent company, or branch of your past employer.
Your new employer in the U.S. will also have to complete and file a Petition for a Nonimmigrant Worker on your behalf. There is a $460 fee to file this form (Form I-129) with the federal government.
L-2 status is a nonimmigrant classification for the spouse and unmarried children (under the age of 21) of an L-1 visa holder. Other family members – such as elderly grandparents or children older than 21 – are not eligible for L-2 status, even if the L-1 applicant acts as their caretaker.
L-2 status is dependent upon L-1 status. In other words, it can only be granted when L-1 status has been granted. Furthermore, L-2 status remains valid for the same time period as the related L-1 visa. Under this status, family members of L-1 holders can attend U.S. schools or apply for employment authorization to go to work.
To extend your L-1B visa, both you and your employer will need to file new forms with USCIS. You will also be asked to present other documents for verification, such as your existing visa and pay stubs from your employer. To ensure that your status remains secure, it is important to begin this process well before your current visa is set to expire.
Law Office of William Jang, PLLC can help you with the complicated process of applying for an L-1B extension. In addition to the USCIS filing fees, our attorney fee for an extension application is $3,000.
Basic Requirements:
As listed in the Appendix 1603.D.1 of the North American Free Trade Agreement, Mexican and Canadian professionals may apply for the TN visa status to work in the United States. To qualify for this visa status, however, Mexican and Canadian professionals must have an offer for one of the professional activities listed in 1603.D.1—moreover, professionals must hold the requisite credentials for that position.
The employment opportunity available in the United States must meet one of the following two requirements: 1) the job must be through an employment relationship with a business entity in the United States; or 2) the job must be through a contractual relationship with a business in the U.S.
Applicants for the TN visa status must not posses any intent to immigrate to the United States. For Mexicans, visa approval must be obtained through the United States Consulate Office in Mexico. For Canadians, visa approval may be obtained from a port of entry anywhere between the United States and Canada.
Duration Of Stay:
In most cases, TN visas are granted for a period of three years. So long as the TN visa holder remains actively engaged in business and continues to possess no intent to immigrate to the United States, the TN visa/status may be extended as long as the applicant wishes (typically by periods of three years).
Family Members:
Unmarried children under 21 and the spouse of a successful TN visa applicant will be eligible to enter and live in the United States with the TN derivative status so long as the primary TN visa remains active. While family members will not be allowed to be employed in the U.S., anyone with TN derivative status may attend schools.
Fees:
When filing a typical TN visa status application, the attorneys at theKaba Law Group, P.L.L.C., will charge the following:
Change/Extension Status In The USA:
Application Outside Of USA At A Consular Office:
In addition to our attorney’s fees, there will be filing fees associated with both the Consular Offices and the United States Citizenship and Immigration Services (USCIS).
Experience:
At theKaba Law Group, P.L.L.C., our Miami immigration attorneys have both the experience and resources you will need as you work through the application process for the TN visa status. To discuss the particulars of your situation with one of our Miami immigration attorneys, please call our Miami offices at (305) 245-9990today or click here to learn more about experience in dealing with visas.
What Do I Need To Begin The Process?
Frequently Asked Questions (FAQs) About TN Visa/Status
We deal with the work visa process every day to help people come to the United States for their jobs. We know you have more questions. Many of the questions we get most often are answered below. If you don’t see your question here, contact us at (512) 323-2333.
What Is A TN Visa/Status?
The TN (Trade National) visa/status is a non-immigrant work visa category established under North American Free Trade Agreement (NAFTA) between Canada, United States, and Mexico. The TN category is for professionals who are nationals of Mexico or Canada and meet specific qualifications. Those qualified to enter the United States under this category may work for a U.S.-based company temporarily.
Generally, you’ll be allowed into the U.S. to work under TN status for three years. The status can be renewed at the end of each three-year term for another term of three years indefinitely, as long as the stay remains temporary. Not every TN visa is granted for three years; talk to an attorney to determine the duration of your particular stay.
There must be a job offer in place from a U.S. employer. Your job must be one of the TN professions and meet the requirements for the job. It is highly recommended that you have an experienced TN visa attorney review your unique situation.
The process of obtaining TN classification is not the same for Canadian citizens as it is for Mexican citizens. Canadian citizens do not have to apply for a TN visa. Rather, they can apply for TN status at a U.S. Port of Entry. Mexican citizens, on the other hand, have to apply for TN status at a U.S. Consulate prior to entering the country. Canadians can file an initial TN petition with United States Citizenship and Immigration Services (USCIS) and get their TN approved prior to pursuing admission via a U.S. Port of Entry. Unlike Canadian citizens, Mexican citizens are not permitted to file a TN petition with the USCIS. They have to apply for TN status through a U.S. Consulate.
Your spouse and your minor (and unmarried) children may come to the U.S. in TD (TN Dependent) status. However, your wife and children are not able to accept employment in the U.S. in this status. If they would like to work, they will need to qualify for a separate work visa.
Mexican citizens may renew their TN visa status by filing a petition for extension with the UCIS. An experienced immigration lawyer can assist with filling out a Form I-129 and preparing all other required documents. The application fee is $325.
If you want to travel abroad, you might need to apply for a new TN visa if your current one has expired. Schedule a visa interview appointment at a U.S. Consulate to apply for TN status at a Port of Entry.
TN visa holders may leave and re-enter the country at any time throughout their TN stay. Canadian citizens need to make sure they carry their original Form I-94. Mexican citizens need to have their passport with the visa as well as a valid Form I-94.
Yes. Because the TN status is a non-immigrant classification, it does not automatically lead to a green card. You have to apply for an adjustment of status, which involves going from non-immigrant to immigrant classification. You have to be present in the U.S. when the petition for the adjustment of status is filed via Form I-485 with the USCIS.
The process of going from a TN visa to a green card is complex, and if not executed correctly, it could lead to severe consequences, including being barred from entering the U.S. The TN visa is not considered dual intent; therefore, applying for residence status in the U.S. while on TN status is a violation of the terms of the stay. A skilled and experienced TN visa attorney can help guide you through this complicated process.
A TN status worker who is transferred to another location by the same American company to perform the job duties will not need to file another application for TN status. Contact theKaba Law Group, P.L.L.C. at (305) 245-9990for more information about changing jobs or locations with a TN visa.
As a means to facilitate investment from foreign corporations, the United States provides special visas to foreign investors from countries with U.S. trade treaties. Timely and correct filing, however, are critical to this process. With that in mind, many companies choose to work with experienced immigration attorneys in the United States.
Basic Requirements:
The E-2 visa status is made available to eligible citizens of countries that share a trade treaty with the United States (please look at a list of those countries). To be eligible for the E-2 visa, individuals must be investors or essential employees that are citizens of a country with a U.S. trade treaty and employed by a company that is controlled or owned by a member of that same country.
Moreover, the investment made in the United States must be ongoing, of substantial value, and creates job opportunities within the U.S. To be considered an investor, an individual must be directly involved in the management of the company and, thereby, can direct the investment. Alternately, to be considered an essential employee, an individual must possess special training or qualifications that make him or her essential to the investing company.
Duration Of Stay:
Under most circumstances, the E-2 visa status is granted for two (2) years. However, this visa may be indefinitely extended—usually in increments of two years—so long as the investing business remains viable and continues to conduct business in the United States.
Family Members:
With the E-2 derivative status, the spouse and children of the primary beneficiary may accompany the primary beneficiary into the United States and remain in the country for the duration of the visa. Children are only eligible for this derivative status if they are less than 21 years of age and not currently married. While in the United States, spouses may apply for employment authorization that will allow them to work in the country. Moreover, anyone with an E-2 derivative status may attend any school in the U.S.
Fees:
At theKaba Law Group, P.L.L.C., our Miami immigration attorneys charge the following attorney’s fees when filing a typical E-2 application in the United States with the United States Citizenship and Immigration Services (USCIS) (please take a moment to read this disclaimer), in addition to the filing fees currently charged by the USCIS:
Change/Extension Status In The USA:
Application Outside Of USA At A Consular Office:
What You Need To Begin The Process:
Corporation Set Up and Sale and Purchase Agreement
Consult With An Immigration Attorney In Miami:
If you will be applying for an E-2 visa to conduct business in the United States, the Miami immigration attorneys at theKaba Law Group, P.L.L.C. have both the resources and experience to help you navigate the application process. To discuss the particulars of your circumstances with one of our Miami immigration attorneys, please call our Miami offices at (305) 245-9990today.
As the global economy continues to become interconnected, corporations have increasingly come to depend upon their trade relationships with foreign nations. As such, executives and essential employees from countries with trade treaties with the United States routinely travel to the U.S. to conduct business and represent the vital interests of their respective companies.
Basic Requirements For The E-1 Visa/Status:
The E-1 visa status is available to executives or essential employees from nations with trade treaties with the United States (here is a list of those countries, last updated in 2010). However, to be eligible for this visa status, the following three conditions must be met: 1) either the majority interest or control of the company must be owned by citizens of a country that shares a trade treaty with the United States; 2) the executive or essential employee applying for the status must be a citizen of that country; and 3) that company must be presently engaged in significant trade with a company in the United States.
To be considered an essential employee, an individual’s special training and exceptional qualifications must be essential to the business that is investing in the United States.
Duration Of Stay:
Under most circumstances, E-1 visas are granted for two years. However, this visa may be extended indefinitely (typically by two year periods) so long as substantial business and trade are viable and ongoing in the United States.
Family Members:
The spouse and children (so long as they are under 21 and not currently married) will be eligible to apply for a derivative immigration status with the principle beneficiary of an E-1 visa. As such, spouses and eligible children may accompany E-1 visa recipients into the United States and remain so long as the visa granted. Once in the United States, spouses will be eligible to obtain employment authorization that will allow them to work. Moreover, individuals who possess E-1 derivative status may attend any educational institution in the U.S.
Fees:
At theKaba Law Group, P.L.L.C., our immigration attorneys charge the following in attorney’s fees when filing a typical E-1 visa application in the United States at the United States Citizenship and Immigration Services (USCIS) (please take a moment to read this disclaimer), in addition to the filing fee that is currently charged by the USCIS:
Change/Extension Status In The USA:
Application Outside Of USA At A Consular Office:
If you are not in the U.S.:
Additional Information and Document Needed for E Visa Application (at a Consulate Office)
E-1 Visa Frequently Asked Questions
Clients will come to us with various questions about E-1 visa eligibility and how to apply for one. Before beginning the application process, you should enlist the help of an experienced Miami immigration attorney fromKaba Law Group, P.L.L.C., so you know what to expect and how to overcome any obstacles you face along the way.
Below we answer some of the most common questions clients ask us when applying for an E-1 visa.
What Countries Have Trade Treaties With The United States Giving Eligibility For An E-1 Visa?
According to the U.S. Department of State Bureau of Consular Affairs, people from the following countries are allowed to apply for an E-1 visa:
What Kind Of Documents Do I Need To Apply For An E-1 Visa?
When applying for an E-1 visa, you need to complete applications and provide documentation. Some of the requirements will depend on where you’re applying, so it’s crucial that you consult with an Miami immigration attorney to ensure you’re not missing anything.
You must have the following documents during the application process:
How Do I Apply For An E-1 Visa?
There are various steps involved in the application process. You should consult the consulate or embassy website for specific instructions to ensure you don’t miss anything.
Step 1 – Fill out Form DS-160 online and print out the confirmation page. During the online application, you will need to upload a photo of yourself in a specific format explained on the website.
Step 2 – Typically, you don’t have to attend an interview if you’re in a certain age group, but the consulate could require one regardless of how old you are. So you must check the requirements before applying.
Step 3 – Prepare for the interview by gathering all of the documents, forms, and applications you need. You might also have to pay some fees.
Step 4 – A consular officer will determine if you’re eligible for an E-1 visa during your interview. They will also take your fingerprints. Once the interview concludes, your application might have to go through additional processing to determine eligibility.
Step 5 – Wait for approval. If the consulate approves your application, you might have to pay additional fees. They will notify you when your visa is available for pick up or delivery.
Contact An Immigration Attorney In Miami
At the Kaba Law Group, P.L.L.C., our Miami immigration attorneys have the experience and resources to help you work through the application process for the E-1 visa (please take a moment look over a sample of approved cases). To discuss your application with one of our Miami immigration attorneys, please call our Miami offices at (305) 245-9990today.
Basic Requirements:
The R visa status is available to ministers and select other religious workers directly associated with a non-profit religious organization. In order to be considered a minister, however, an individual must be officially authorized by a recognized religious organization to conduct religious worship and other duties that must be performed by members of the clergy. As such, lay preachers will not qualify for this visa status.
Aside from ministers, the R visa status is available to individuals holding religious occupations, which includes any position that involves a habitual engagement in any activity with a traditional religious function. For instance, religious workers and cantors, workers in religious hospitals, missionaries, liturgical workers, catechists, and religious translators would all fall under this category.
Additionally, individuals with a religious vocation may be eligible to receive the R visa status. To be considered eligible, an individual must possess a calling to a religious life that may be substantiated by the demonstration of a lifelong commitment to their faith.
Every individual applying for this visa status must have been a member of the religious organization that is petitioning on their behalf for the past two years.
Duration Of Stay:
In most cases, the R visa status may be granted for any period of time up to 30 months. The R visa status may be extended for a maximum of five years (60 months) so long as the beneficiary’s work continues and the religious organization continues to petition on his or her behalf.
Family Members:
With the derivative R-2 status, the spouse and children (unmarried and under 21) may accompany the primary beneficiary into the United States and remain therein for the duration of the visa. Anyone holding the R-2 visa status may attend any school in the United States.
Fees:
When filing normal R visa status applications from within the United States with the United States Citizenship and Immigration Services (USCIS) (please take a moment to read this disclaimer), our Miami immigration attorneys currently charge the following fees:
Principal Worker:
Family’s Application (If Any Family Is Also Applying):
Premium processing is not currently available for individuals pursuing the R visa status.
R-1 Visa Frequently Asked Questions
AtKaba Law Group, P.L.L.C., our Miami immigration attorneys strive to make applying for a visa as easy as possible. Clients come to us with questions and concerns that we want to address before beginning the R-1 visa application process. It’s critical that you’re prepared with all the appropriate documentation, forms, and fees. We can walk you through each step and ensure you meet all the requirements. Below are some of the most commonly asked questions.
What Documents Should I Provide With My R-1 Visa Application?
You must provide proof of eligibility for an R-1 visa during the application process. The documents you’ll need include:
What Rights Do I Have When I’m In The United States On An R-1 Visa Status?
After approval of your application, there are some rights you will have, as well as restrictions while you’re in the United States. You may:
If at any time you want to work for someone else, the organization hiring you must file Form I-129 and any required documents for approval.
What Are Some Examples Of Religious Occupations And Religious Denominations That Qualify For R Visa Status?
Only those who are a member of a specific religious denomination working in a religious occupation in the United States are allowed to receive an R-1 visa.
A religious denomination is a group of individuals bound by an administrative or ecclesiastical governing body and incorporates the following elements:
Some interdenominational religious organizations could be considered as a religious denomination as long as they are tax-exempt. It’s also a requirement that you were a member for at least two years before applying for R visa status.
A religious occupation is one that engages in activities associated with traditional religious functions. Occupations eligible for an R-1 visa include:
Despite working within a religious organization, the following occupations do not qualify for R-1 visa status:
Experience:
At theKaba Law Group, P.L.L.C., our Miami immigration attorneys possess the experience and resources to represent you throughout the application process for the R visa status. To discuss the particulars of your situation with one of our Miami immigration attorneys, please call our Miami offices at (305) 245-9990today or click here to learn more about our extensive experience with visas.
Please take a moment to see a sample of approved cases.
How Do I Begin The Application Process?
In an effort to contribute to the further development of international businesses in the United States, the B-1 visa status may be granted to employees who wish to briefly enter the U.S. to conduct business on behalf of a qualifying foreign company.
Since these visas may be critical to the success and continued development of your company, you should consider working with one of the experienced Miami immigration attorneys with theKaba Law Group, P.L.L.C.. Our Miami legal team may help you ensure that your application is free of procedural mistakes in all phases of the filing process so that you can avoid any unnecessary delay.
Basic Requirements:
The B-1 visa status is available to non-citizens who intend to visit the United States for a brief period of time in order to conduct business on behalf of a qualifying foreign employer. The activities that these employees may engage in on behalf of their employer may include the following: the negotiation of contracts, the procurement of goods, to provide services, to solicit sales, and to consult or train parties based in the United States. B-1 visa holders will not be eligible to obtain employment in the United States. Additionally, recipients of the B-1 visa status must only be entering the U.S. for a limited period of time, intending to depart from the U.S. prior to the expiration of their status, maintain residence in their home country, and possess adequate financial capabilities.
Duration Of Stay:
The B-1 visa status is initially granted for up to three months in most cases, though you may be able to extend the status for another period of six months.
Family Members:
Since there is no derivative status for the B-1 visa, spouses and children may only accompany a B-1 beneficiary if they hold a B visa.
Fees:
When attempting to procure the B-1 visa status for clients, the attorneys with theKaba Law Group, P.L.L.C., charge the following in attorney’s fees when filing for this visa status in the United States and with the United States Citizenship and Immigration Services (USCIS) (please take a moment to read this disclaimer), in addition to the filing fee that is currently charged by the USCIS:
Change/Extension Status In The USA:
Application Outside Of USA At A Consular Office:
Our Miami immigration attorneys understand just how critical an extension to your stay can be to your business; we may do everything we can to help you ensure your application is complete and submitted by any applicable deadlines.
How Do I Begin The Process?
Information and Document Needed for B-1
Consult With A B-1 Visa Immigration Attorney In Miami
At theKaba Law Group, P.L.L.C., our Miami B-1 visa immigration attorneys are experienced with the process of extending the B-1 visa status. Our firm recognizes just how important this visa is to both the U.S. economy and businesses like your own, and we take the responsibility of helping your realize your goals very seriously. To discuss the particulars of your case with one of our Miami attorneys, please call our Miami offices at (305) 245-9990today.
Basic Requirements:
The B-2 visa status is available to people who wish to briefly visit the United States for the purposes of tourism or visiting family and friends. As such, Individuals who obtain the B-2 status may not gain employment in the United States and may only engage in legitimate activities. As prerequisites to this visa status, individuals must only intend to remain in the U.S. for a limited period of time, maintain a foreign residence, and possess adequate financial capabilities.
Duration Of Stay:
The B-2 status is typically granted for an initial period of six months, but may be extended for another six month period.
If you’re traveling to the United States and plan to stay for 90 days or less, you may be able to enter the country without needing a B-2 visa. This only applies to travelers who meet certain specifications under the Visa Waiver Program. Currently, there are 39 countries included in the Visa Waiver Program. You can read more about the Visa Waiver Program here.
Furthermore, residents of Canada and Bermuda can make short trips to the United States without a visa under certain circumstances. You can read more about those rules here. Finally, because B-2 visitors are designed specifically for travel and tourism, you cannot obtain a B-2 visa for the following purposes:
Family Members:
Since there is not a derivative status for the B-2 visa, spouses and children must also individually hold their own B-2 status.
Fees:
If you plan to extend the duration of your B-2 status, the Miami attorneys with theKaba Law Group, P.L.L.C. charge the following in attorney’s fees when filing in the United States through the United States Citizenship and Immigration Services (USCIS) (please take a moment to look over this disclaimer), in addition to the filing fee that is currently charged by the USCIS:
Change/Extension Status in the USA:
Application outside of USA at a Consular Office:
Our Miami legal team understands how important it is that this process goes smoothly for you; we may do everything we can to help you complete an accurate application that is filed by the appropriate deadline.
How Do I Begin The Process?
The first step to obtaining a visa is to fill out the application. You can fill out the application online or at your country’s U.S. Embassy or consulate. You can find a list of embassy and consulate locations here.
As part of the application process, you’ll be required to submit a photo. Make sure that whatever photo you submit with your application meets State Department guidelines. If your photo does not meet these guidelines, there’s a good chance your application will be rejected.
The next step in obtaining a visa will be to schedule an interview. Most visa applications require an interview, though there are some exceptions. Applicants age 13 and younger, or 80 and over, generally do not need to be interviewed to obtain a visa. For applicants age 14-79, the interview is sometimes waived if the applicant is seeking a renewal for a visa instead of a new visa.
Wait times can vary greatly depending on your country of origin, time of year, and so on, so your best bet is to begin the application process as soon as possible and schedule your interview as early as you can. You should apply for your visa and schedule your interview at your country’s embassy or consulate; while you may be able to get an interview at another country’s embassy or consulate, doing so may end up voiding your visa application.
After you’ve scheduled your interview, make sure to gather the necessary documentation for your visa application and bring it with you to your interview. You’ll need a valid passport, the confirmation page showing you’ve completed the online DS-160 form, a receipt showing you paid the necessary application fee, and a printed photo if your photo upload failed while you were filling out the DS-160 form online. Depending on your country of origin, you may need additional documentation as well, so be sure to check with your country’s U.S. Embassy or consulate.
At your interview, a consular officer will determine if you’re eligible for a B-2 visa or if any additional information is required. If the consular officer needs any additional information from you, be sure to provide it quickly to keep the application process moving smoothly.
Information and Document Needed for B-2
At theKaba Law Group, P.L.L.C., our Miami immigration attorneys have the experience and the resources to help you pursue the extension of your B-2 status. To discuss the particulars of your situation with a member of our Miami legal team, please call our offices at (305) 245-9990today.
The universities and colleges in the United States attract some of the brightest students from all over the world with their state-of-the-art facilities, advanced research, and stringent academic rigor. Before foreign students will be permitted to study in the United States, however, they must first obtain the F-1 visa status. The F-1 visa will allow students to remain in the U.S. for the duration of their studies.
If you plan on attending a college or university in the United States, you need the assistance of an Miami immigration attorney with theKaba Law Group, P.L.L.C., to mitigate any possibility of a procedural error interfering with your plans for your education and your future.
Basic Requirements:
The F-1 visa status is available to foreign students who wish to attend a university or college in the United States. To be eligible, students must enroll in what is termed a “full course of study” in an academic program—excluding any vocational program—that is approved to accept foreign students. Schools that are approved by the Department of Homeland Security will have the authority to issue Form I-20.
Applicants must either be enrolled in an English language course or posses proficiency in the language already. Moreover, applicants must comply with all restrictions regarding their course of study at a public school. Beneficiaries of the F-1 status will not be eligible to work in the United States without prior approval.
To be eligible for this visa status, applicants must possess the financial means to support themselves for the duration of their stay, maintain foreign residency, and intend to leave the United States once their studies have been completed.
Duration Of Stay:
When the F-1 visa status is granted, there is no definitive period of time that the visa will be good for; rather, F-1 visa holders will be eligible to remain in the United States for the “Duration of Status,” which means that the visa will be valid so long as the student remains enrolled in and in attendance of an approved academic program.
Family Members:
The derivative F-2 status is available to the spouse and children of individuals who obtain the F-1 visa. To be eligible, children must be under 21 years old and not married. Children who are eligible for the F-2 derivative status will be able to attend elementary and secondary schools. However, no one with F-2 status will be eligible to work in the United States.
Fees:
When filing for this visa status in the U.S. and with the United States Citizenship and Immigration Services (USCIS), the Miami immigration attorneys with theKaba Law Group, P.L.L.C., will charge the following in attorney’s fees (please read the disclaimer at the top of this page), in addition to the filing fee currently charged by the USCIS:
Change Status in the USA:
Application outside of USA at a Consular Office:
What Will I Need To Begin The Process?
F-1 Application Information and Document
If you are not already in the United States, you will need this additional F visa application information and documentation at a Consulate office.
Consult With An F-1 Visa/Status Attorney In Miami
Whether you plan on attending a university in Miami or anywhere else in the United States, our Miami F-1 visa lawyers at theKaba Law Group, P.L.L.C., can help you pursue the visa status you will need to do so (please take a moment to look over a sample of our approved cases). To discuss the particulars of your application with one of our Miami immigration attorneys, please call our Miami offices at (305) 245-9990today.
The wealth of opportunities for vocational education in the United States attracts students from all over the world. However, foreign students who wish to make use of those opportunities must first obtain the M-1 visa status, which grants authorization for applicants to enter into a non-academic or vocational program in the United States.
At theKaba Law Group, P.L.L.C., our Miami M-1 visa/status attorneys can help you work through this critical and complicated application process. Our Miami legal team can help you mitigate the chances of your application being slowed by procedural errors or any other complications. Additionally, we will help prepare you for the evaluation that you will need to undergo as part of your application.
Basic Requirements:
In order to be eligible for the M-1 visa status, an individual must be enrolled in what is termed as a “full course of study” in a non-academic or vocational program that is approved to educate foreign students. These approved schools will have been granted authority to issue Form I-20 by the Department of Homeland Security. All applicants must either be enrolled in an English language course or be competent in English already in order to be considered for this visa status.
Since individuals with the M-1 visa status will not be eligible to work in the United States without prior approval, applicants are expected to have the financial means to support themselves throughout their stay in the United States. Additionally, applicants must maintain a foreign residence and intend to leave the United States upon completion of their program.
Duration Of Stay:
There is not a set time period for the M-1 visa status. Rather, recipients are allowed to remain in the United States as long as they remain in valid status throughout their enrollment and attendance to any vocational program that is approved to educate foreign students.
Family Members:
The M-2 derivative status will be available to spouses and children of M-1 visa holders. As such, spouses and children may accompany M-1 visa holders into and remain in the United States. Children will only be eligible if they are unmarried and under the age of 21.
Fees:
At theKaba Law Group, P.L.L.C., our Miami immigration lawyers will charge the following in attorney’s fees to help you complete and file your application in the U.S. with the United States Citizenship and Immigration Services (USCIS) (please take a moment to look at the disclaimer at the top of this page), in addition to the filing fee that is currently charged by the USCIS:
Change Status in the USA:
Application outside of USA at a Consular Office:
What Will I Need To Begin The Process?
M-1 Application Information and Documents
If you are not currently in the United States, you will need additional application information and documents for an M visa (when filing at a Consulate Office)
Consult With An M-1 Visa/Status Attorney In Miami
If you plan on attending a vocational program in the United States, you should speak with one of the Miami M-1 visa lawyers with theKaba Law Group, P.L.L.C., about what you will need to do in order to have the best chance of securing your M-1 visa. To begin working through that process with one of our experienced Miami immigration attorneys, please call our Miami offices at (305) 245-9990today.
As the world has become an increasingly interconnected place, there is greater chance than ever before that you may meet your spouse while traveling outside of the United States. If you decide to reside in the United States together, however, there are few legal technicalities that you and your partner will need to work through to obtain permanent residency for whichever spouse is not a citizen of the U.S. While the legal process of obtaining permanent residency is underway, foreign spouses may obtain the K-3 visa status to stay with their partner until that process is complete.
Basic Requirements:
In order to file for the K-3 visa status, the applicant and his or her United States citizen partner must already have a pending petition for permanent residency (I-130). With the K-3 visa status, spouses of U.S. citizens may enter and remain in the U.S. so long as the I-130 petition is awaiting approval.
Duration Of Stay:
Individuals who obtain the K-3 visa status may typically remain in the United States as long as it takes to have their petition for permanent residency adjudicated.
Family Members:
Children may accompany and remain with their parent in the United States with the K-2 derivative status. To be eligible, children must be less than 21 years old and unmarried.
Fees:
At theKaba Law Group, P.L.L.C., our Miami immigration attorneys charge the following in attorney’s fees to file the main petition for the K-3 visa status when it will be filed in the United States at the U.S. Citizenship and Immigration Services (USCIS)(please take a moment to read this disclaimer), in addition to the fees that are currently charged by the USCIS:
What Do I Need To Do To Begin?
Information and Document Needed for K-3
Consult With A K-3 Visa/Status Attorney In Miami
At theKaba Law Group, P.L.L.C., our Miami K-3 visa status attorneys are committed to helping international couples obtain the means to be together while a more permanent solution is secured. To speak with one of our Miami immigration attorneys about your situation, please call our Miami offices at (305) 245-9990today.
Visa Waiver Program
The Visa Waiver Program (VWP) was established in 1986 as a means of eliminating many unnecessary barriers to international travel, increasing international tourism, and freeing up the Department of State’s consular resources. Under the VWP, the citizens of 35 participating countries may travel to the United States for the purposes of business of travel for a period of 90 days or fewer without a visa. However, it should be noted that people who are eligible for the VWP may still want to apply for a visa if they wish to remain for a longer period of time or participate in activities not permitted under this program.
The Following Include All 35 Countries That Currently Participate In The VWP:
Andorra | Iceland | Norway |
Australia | Ireland | Portugal |
Austria | Italy | San Marino |
Belgium | Japan | Singapore |
Brunei | Latvia | Slovankia |
Czech Republic | Liechtenstein | Slovenia |
Denmark | Lithuania | South Korea |
Estonia | Luxembourg | Spain |
Finland | Malta | Sweden |
France | Monaco | Switzerland |
Germany | Netherlands | United Kingdom |
Hungary | New Zealand |
To travel under the VWP, citizens of countries included in the program must meet a number of eligibility requirements, including the following:
Consult With An Immigration Attorney In Miami
If you would like to ensure that you or a loved one will have everything necessary to enter the United States under the VWP, you should speak with one of the Miami immigration attorneys at theKaba Law Group, P.L.L.C.. To discuss your concerns with one of our Miami attorneys, please call our Miami offices at (305) 245-9990today.
The process of immigrating to the United States can be a very lengthy and complex one, and there are some steps between the initial application and achieving citizenship. One of the most important, if not the most important, of these steps is obtaining a green card.
A green card is often the first step to becoming a lawful U.S. resident, but it can be difficult to obtain this important document on your own. Fortunately, a qualified legal professional can help. If you or a loved one is attempting to obtain a green card in Miami, the lawyers at the Kaba Law Group, P.L.L.C., understand the challenges that you may be facing, and we are dedicated to working hard on behalf of our clients to ensure that they have the resources and the support they need.
The Miami green card attorneys of the Kaba Law Group, P.L.L.C. know that your dream may be to live and work in the United States, much like many other immigrants who have successfully made this country their home. Yet, immigration law can be quite complicated, and many people are turned away for simple and avoidable clerical errors. Our law office is fully dedicated to our clients, and we will provide you with the support and representation you need to resolve your immigration and green card concerns.
At theKaba Law Group, P.L.L.C., we have a team of experienced lawyers that have dedicated their careers to helping immigrants and their families live the dream of being residents of our country. If you want a law office that is understanding, compassionate, and experienced, contact the attorneys at theKaba Law Group, P.L.L.C. us today by calling (512) 323-2333.
Immigration law can be quite complex and frustrating to the individual that is seeking to live and work in the United States. Seeking the assistance of a qualified green card attorney is your best bet for obtaining the status you seek. Whether your desire for being in the United States is related to employment, school, family, or personal reasons, an immigration lawyer is an invaluable resource. Numerous challenging and overwhelming issues may arise, including delayed applications and complex court proceedings, among others. There are also various reasons that you may not be allowed to come into the United States. An immigration lawyer can help you seek waivers so that there would not be an inadmissibility issue. Taking a chance on getting approved without proper representation may not be the best decision if your goal is to live and work in the United States.
We know that you are likely considering the question: how do I know which green card lawyer is the best choice for me? Choosing the right lawyer may determine the outcome of your case, so it is critical that you choose wisely. At theKaba Law Group, P.L.L.C., we understand that there are many immigration lawyers in the area that could take on your case, and we believe that our experience helping so many others is what sets us apart from the rest. We realize that Miami and San Antonio are both popular locations for immigrants, and we want to help you achieve your dream of becoming a resident and obtaining a better life for you or your family.
Our attorneys have extensive experience with all types of immigration issues, and we have decades of combined experience helping people just like you. In that time, we have earned a reputation for tirelessly fighting for the rights and needs of our clients. Our dedication to compassion, details, and the success of our clients is what sets us apart from any other law office in Miami. We are known for going the extra mile, and we have an excellent understanding of multiple areas of immigration law. This level of care is standard at our firm because our attorneys realize how important your case is to you and we want to assist you in any possible way we can to achieve your dream. To make the process easier for you, we have live chat options and easy ways to contact us through our website. If you wish to contact the Miami green card attorneys at theKaba Law Group, P.L.L.C. directly, you can reach us at (512) 323-2333.
With a green card, you will be able to stay long-term in America and pursue incredible opportunities in your personal and professional life. Before you do that, though, you will have to get the application process right, and that will require the assistance of the experienced lawyers at theKaba Law Group, P.L.L.C..
A green card is formally referred to as an immigration visa. This visa allows you to live and work in the United States. Once you have this visa, there are no definitive limits on how long you can stay or what work you can pursue. While an immigration visa will occasionally have to be renewed, you may continue to reside within the United States so long as you follow the laws of the land and do not violate the requirements for your visa.
With the ability to start a whole new life in one of the most prosperous countries on Earth, it is no wonder that green cards are sought out in every corner of the globe. Because of this, the process to get a green card is extremely strict and highly regulated. There is no room for errors of any sort when applying for your immigration visa.
That is why it is so important you pursue your green card with the help of the dedicated visa team at theKaba Law Group, P.L.L.C.. We can help you fill out your forms,
meet your deadlines, organize any required evidence, and prepare for all of the necessary interviews. We can also help discover the source of any delays or unexpected obstacles in your visa process.
Essentially, there are two types of visas: immigration and non-immigration. As the name suggests, immigration visas provide the possessor with the ability to immigrate long-term to the United States. These visas can lead to an indefinite stay in America and may eventually confer the ability to gain permanent residency and citizenship. Non-immigration visas, on the other hand, allow foreign citizens to enter the United States for a certain period and a certain purpose. Some of these visas are renewable, but they are generally temporary by nature. An additional difference is that immigration visas provide the possessor with access to government benefits and protections, as well as the ability to work freely. Non-immigration visas put restrictions on these elements. It is significantly harder to qualify for an immigration visa than a non-immigration visa, so be sure to contact theKaba Law Group, P.L.L.C. to find out which visa you are best suited for.
Our Practice Areas
Green cards may be issued to an individual for either business or personal/family reasons, and at theKaba Law Group, P.L.L.C., we are prepared to help individuals with any of the following immigration matters:
There are many different visa options within these categories, and finding out which visa best suits your situation is a critical part of the process.
Successfully earning a green card takes far more than just isolating the right category and finding out if you qualify. Applicants must go through an extensive and complex green card process, even when eligibility seems apparent. To avoid any costly errors that may leave your application delayed or rejected, you should bring your green card case to theKaba Law Group, P.L.L.C., where we can use our decades of experience to help you navigate the visa process smoothly and successfully.
Frequently Asked Questions
What Is The Basic Law That Governs Immigration?
The federal Immigration and Nationality Act provides the basis for US Immigration Law.
When The U.S. Citizenship And Immigration Services (USCIS) Grants An Individual Immigration Status, What Do They Consider?
The USCIS will typically look at the person’s relationships within the country, like if they have an immediate relative who is already a citizen in the United States, or if they are a lawful permanent resident. They will also consider whether or not the person has found permanent employment here, and if that employment fits the categories of eligible employment. The USCIS also takes into account whether or not the individual qualifies as a refugee, which may have bearing on their decision.
What Are My Rights As A Green Card Holder?
As a permanent resident in the United States, you have the right to live in the country as long as you do not do anything that would warrant your removal from the country under the nation’s immigration laws. You can work in the country doing any (legal) job that you are able to secure, but some jobs are restricted to U.S. citizens only (typically for security reasons). You are rightfully protected by all of the U.S. laws as well as the laws of your state and local municipality.
What Are The Responsibilities Of A Permanent Resident Of The U.S.?
As a permanent resident of the U.S., you are required to obey all federal, state, and local laws. You need to report your income every year and pay income tax on all earnings from work performed in the U.S. You need to support our democracy and should not work to undermine our form of government. If you are a male and are between the ages of eighteen and twenty-five years old, you must register for Selective Service.
What Is A Conditional Permanent Resident? Does It Limit My Rights?
Some green card recipients will receive their first residency permit for a conditional two years. This is always the case for those who apply for their green card through marriage.
During that time, there are no limitations on employment or access to most of the rights experienced by U.S. citizens. A green card holder may, for instance, move to a new location, purchase property, and seek investment opportunities.
The conditional nature of the green card relates simply to the length of time it is valid and the process for removing those “conditions.” Shortly before the conditional green card expires, the resident will have to apply to remove the conditions to gain a permanent green card. This process will include a thorough background check to ensure the resident has acted properly and their circumstances have not significantly changed.
In the case of green cards earned through marriage, an end of the marriage is not necessarily a disqualification from a permanent green card, but it is best to consult a green card lawyer to learn more about the circumstances that allow for the removal of conditions.
Green card holders have most of the rights of U.S. citizens. They are, as mentioned above, protected by all the laws of the country, the state, and the municipality in which they live. They are free to work, buy property, and otherwise live full lives within the United States.
However, there are some limitations placed on green card holders. For instance, a green card holder cannot vote in national elections. They can only vote in state and local elections that are explicitly open to citizens and non-citizens. These are often very limited.
The elected offices a green card holder can hold are also limited. Most federal, state, and even local positions require the individual running to already be a U.S. citizen.
Other limitations may exist for those green card holders who do not meet certain specifications (see the question about Social Security and other social benefits programs below).
Do Green Card Holders Qualify For Social Security And Other Social Benefits Programs?
If a green card holder has lived in the United States for at least five years and has worked long enough to have earned the required 40 quarters of income, they may be eligible for Social Security once they reach the same qualifications expected of citizens. This also applies if they have extenuating circumstances, such as their parents working while they were underage or taking care of the household in a marriage.
Other social benefits programs have similar requirements. Many programs, such as Temporary Assistance for Needy Families (TANF), Medicaid, and Medicare require that the green card holder live in the United States for at least five years before becoming eligible (although this is a state-by-state qualification).
Some programs make exceptions for green card holders who are under 18 years of age, such as the Supplemental Nutrition Assistance Program (SNAP) and the Children’s Health Insurance Program (CHIP).
How Long Can A Green Card Holder Spend Outside The United States Without Jeopardizing Their Green Card?
Green card holders are free to leave the United States for temporary visits. The length of these visits is flexible, but there are limitations. The green card holder does not need any special permission for travel that lasts less than one year. If the permanent resident intends to be away for longer, they should file Form I-131 before traveling to get special permission for reentry.
For travel longer than two years, green card holders must apply for an SB-1 returning resident visa. All permissions from Form I-131 will expire within that two year period.
While time abroad is not a problem for green card holders, a large number of trips or extended stays may be questioned later for those who wish to renew green cards or seek citizenship.
I’ve Lost My Green Card And My (Foreign) Passport. Can I Replace Them?
Your foreign passport will depend on the requirements of your home nation. A green card can be replaced if lost or destroyed by filing Form I-90 with USCIS. Depending on your local USCIS office, it may be possible to get a temporary green card stamp (although this may require a new passport) once you file I-551. Speak with a green card lawyer to find out more about your options.
Are There A Limited Number Of Green Cards Given Out Each Year?
The answer to this depends on the type of green card the individual is applying for. For instance, there are no limits placed on green cards through marriage.
There are, however, limits (also called “caps” or “quotas”) set on some kinds of green cards. Employment green cards, immediate family green cards, and many other green cards on offer can only be earned depending on how many have already been accepted within a certain time period.
To find out more about the limits placed on green cards and whether you or someone you know would qualify, see a green card lawyer for more information.
Can I Petition For Family To Join Me In The United States With Green Cards?
There has been a lot of debate about so-called “chain migration,” in which a family member in the U.S. petitions for many family members to get green cards to join them. The reality is much more limited and more complex.
A U.S. citizen or permanent resident can petition for immediate relatives to receive green cards. These can include parents and minor children. Adult children and siblings may also be eligible, although these are not as straightforward and may require a certain amount of waiting to accommodate quotas.
Once again, this is very much a topic that is being debated, so you should speak with a green card lawyer to get a better understanding of where the law stands now and what your options are.
Important Immigration Statistics
According to the Migration Policy Institute, Texas is second only to California in the number of immigrants that we have here in our state. Texas is an attractive location for that many people select when coming into the country, with Miami and San Antonio being especially attractive destinations. Some 2015 statistics show a clearer picture of the number of immigrants in our state:
As you can see from the statistics, immigration to Texas and the United States has been very significant and consistent. Additionally, immigrants contribute a huge amount to the Texas economy through jobs received. Our green card attorneys recognize the important contributions of immigrants and we sincerely want to assist immigrants and their families in any way that we can. When you are trying to renew or obtain a green card, you should
not have to take on the complex task by yourself. Contact our lawyers for more information or to get started with your case. Don’t wait until it is too late!
If you or a loved one needs assistance obtaining a green card, we know what it takes to effectively help you. Our determined and empathetic legal team at theKaba Law Group, P.L.L.C. has years of experience handling a broad range of immigration law cases. Contact our attorneys today by calling to learn more about what we may be able to do for you or your family.
The Miami green card attorneys of theKaba Law Group, P.L.L.C. are committed to helping everyone get the legal representation that they deserve. Our belief is that the American dream applies to each and every person who wishes to make this country their home. If you or a loved one is trying to enter the U.S., work in the U.S., or remain in the U.S., we would like to help you. To discuss your specific situation with one of our compassionate and knowledgeable green card attorneys, please contact us today through our website, chat live, or call us at (512) 323-2333.
Obtaining the right green card can be a long and daunting process, but it comes with an incredibly rich reward: long-term residence in the United States. If you are seeking a First Preference Employment-Based EB-1 green card, you are luckier than most who want to immigrate to the United States because you have specialized skills that benefit the nation, and your application process will be quicker and is much more likely to be successful.Kaba Law Group, P.L.L.C. is here to help people in the Miami area secure their EB-1 green card.
We understand the challenges you may be facing on your path to citizenship, and we want to make the process easier for you. We’re dedicated to providing the resources and assistance necessary for your application, making it as strong as possible and getting everything right the first time to ensure that your green card application is successful. If you want an experienced, understanding, and compassionate team of Miami EB-1 lawyers on your side, contactKaba Law Group, P.L.L.C. at (305) 245-9990or email us today for a free consultation about your case.
Why You Need A Lawyer
U.S. immigration laws are notoriously complex, and the process can quickly become frustrating to anyone without experience, especially if they’re not currently in the United States. With the assistance of a qualified green card attorney, you have the best chances of getting the immigration status you desire. A good lawyer will be able to anticipate and mitigate delays in your application, help you with court proceedings, and make sure that you have all of the necessary documentation ready to go during your application.
We can help you get your application right the first time so that the process can go as quickly and smoothly as possible. Without a lawyer on your side, you are gambling with your future.
Why ChooseKaba Law Group, P.L.L.C.?
With such a critical outcome riding on the success of your case — your future in a new country — it is imperative that you choose the best green card lawyer.Kaba Law Group, P.L.L.C. is your top choice of Miami immigration lawyers. Our lawyers are experienced in cases just like yours, so we’re more than qualified to handle your case, and we’ve earned a great reputation in and around Miami through our successful casework. We’re dedicated to helping everyone have the chance to live the American dream and are thankful for every opportunity we get to help a client secure a good future for themselves and their family by securing an EB-1 green card.
With experience working with both individuals seeking an EB-1 and companies who are seeking an EB-1 on behalf of their employee, we know every step of the process for people who are seeking EB-1 green card status in any profession and any category. Our rigorous approach to your case ensures that we get every detail right the first time; we go above and beyond, making sure that your concerns are always addressed and you are kept up to date on the status of your application at every step of the process. We’ll assist you in any way possible to guide you through your green card application.
EB-1 First Preference – Employment Based Immigration
Individuals who fall into one of the following categories may apply for a First Preference Employment Based Immigration EB-1 (Green Card):
A lawyer can help you determine which category to apply under.
Advantages Of This Application Process
Of all employment-based options for green card applications, the EB-1 is one of the fastest ways to obtain permanent United States residency. Every year, 140,000 applicants are granted green cards under the employment-based category of green cards. Currently, the United States utilizes a per-country cap to limit the number of EB-1 green cards issued, with each country allotted an amount equal to 7 percent of all green cards available each year. The First Preference EB-1 is fastest of all employment-based categories. With its designation as “First Preference,” this category of employment-based preferences is given a significant advantage over other employment-based categories for application. Critically, Labor Certification (PERM) is not required for EB-1 First Preference applicants. Additionally, the highly-skilled foreign workers (with the exception of workers from India and China) that fall into this category have been allowed to file their petitions and applications for EB-1 designation immediately, without having to wait for numerical availability, since 1990.
As the United States is likely to continue to give preference to these highly skilled and desirable workers, the immediate availability that EB-1 designation affords applicants is likely to continue for foreign workers from applicable countries. To learn more, contact an Miami immigration lawyer and discuss whether you may file for EB-1 First Preference – Employment Based Immigration.
For individuals who receive EB-1 First Preference – Employment Based Immigration status, their spouse and children, so long as they are unmarried and under 21, are also eligible to receive green cards should they choose to accompany the main beneficiary of the EB-1 status.
The Miami legal team at theKaba Law Group, P.L.L.C., is well experienced in the representation of both companies and individuals who are attempting to secure EB-1 First Preference Employment Based Immigration Permanent Residency (Green Cards). We’re dedicated to your case from the moment you contact us until the day your EB-1 green card is granted, keeping you informed throughout the entire process. To contact one of our Miami-based immigration lawyers today, please call (512) 323-2333.
Basic Requirements:
The EB-1 preference category is available to foreign managers and executives who wish to transfer from their home country to an affiliate, subsidiary, or parent company in the United States. To be considered under this preference category, individuals must have been employed for at least one continuous year in the three years prior to moving to the U.S. In addition, the foreign company and its U.S. based affiliate, subsidiary, or parent must be actively conducting business with one another. Moreover, the applicant must be qualified to fulfill the duties of the position offered by the U.S. company and the company must be capable of compensating the applicant.
Application Process:
There are a number of significant advantages that the EB-1 preference category holds over the other preference categories. Among the most apparent of those advantages is the fact that labor certification (PERM) is not required. Moreover, applicants from most countries (except China and India) have been capable of filing their applications and petitions without first having to wait for a numerical availability. As such, this employment-based category will be immediately available to individuals from most countries.
Family Members:
Under a derivative status, the spouse and children of the principal beneficiary of this preference category will be eligible for green cards. Children must be under the age of 21 and unmarried to be eligible under the derivative status.
Fees:
At theKaba Law Group, P.L.L.C., our Miami immigration attorneys charge the following in attorney’s fees when filing under this preference category in the United States with the U.S. Citizenship and Immigration Services (USCIS) (please take a moment to read this disclaimer), in addition to the filing fee that is currently charged by the USCIS:
Principal Worker:
Family’s Application (if any family is also applying):
Experience:
If you plan on applying for a green card under the EB-1 preference category as an executive or managerial transferee, the Miami immigration attorneys with theKaba Law Group, P.L.L.C. are prepared to help you work through the application process (please take a moment to look over a sample of our approved cases). To discuss the particulars of your situation with one of our Miami immigration attorneys, please call our Miami offices at (305) 245-9990today.
How Do I Begin The Process?
Information and Documents needed for EB-1 International Transferees
EB-1 Extraordinary Workers
Basic Requirements:
The EB-1 preference category is available to workers who possess extraordinary abilities in the fields of the arts, the sciences, education, athletics, or business. Generally speaking, individuals must be considered to be at the top of their respective fields to be eligible under this designation. For instance, foreign nationals typically have received significant awards—like a Nobel Prize—or possess at least three of the following forms of evidence that demonstrate a specific extraordinary ability:
Application Process:
Under this employment-based preference category, it should be noted the labor certification (PERM) is not required of applicants. Moreover, applicants from most countries (excluding China and India) will not need to wait for numerical availability before filing their petitions. As such, this category is likely to be immediately available for most people under this category.
Extraordinary workers do not require any specific job offer to enter the United States under this preference category, though they must demonstrate that they are entering the U.S. in order to work in the field of their extraordinary ability.
Family Members:
The spouse and children of the principle beneficiary of the EB-1 extraordinary worker status may obtain green cards under a derivative status. For children to be eligible for the derivative status, they must be under the age of 21 and unmarried.
Fees:
At theKaba Law Group, P.L.L.C., our Miami immigration attorneys will charge the following in attorney’s fees when filing from within the United States with the U.S. Citizenship and Immigration Services (USCIS) (please look over the disclaimer at the top of this page), in addition to the filing fee currently charged by the USCIS.
Principal Worker:
Family’s Application (if any family is also applying):
Experience:
If you plan filing for a green card under the EB-1 extraordinary worker preference category, the Miami immigration attorneys with theKaba Law Group, P.L.L.C., have the experience and resources you will need to ensure that your application is complete and correctly submitted. To discuss the particulars of your application with one of our Miami immigration attorneys, please call our Miami offices at (305) 245-9990today.
What Do I Need To Begin The Process?
Information and Documents required for EB-1 Extraordinary Workers
EB-1 – Outstanding Professors And Researchers
Basic Requirements:
This employment-based, first-preference visa status (greed card) is intended for international professors and researchers who are considered to be outstanding in their respective fields. To be considered for this preference category, applicants must meet all three of the following conditions: 1) be internationally recognized as outstanding in a specific field of academia; 2) have already dedicated a minimum of three years of research or teaching in that specific field; and 3) have already been offered a tenure-track or tenured position or a comparable position as researcher in that field.
Application Process:
Applicants for this EB-1 visa status will not need to first obtain labor certification (PERM). In addition, applicants from most countries (with the exception of China and India) will be allowed to go ahead and file their applications and petitions without having to wait for a numerical availability—this is not expected to change for most countries either.
Family Members:
Under the derivative status of the EB-1 visa status, the spouse and any children of the primary beneficiary may obtain a green card that will allow them to accompany the primary beneficiary into the United States. Children must be under the age of 21 and not currently married to be eligible.
Fees:
The Miami immigration attorneys at theKaba Law Group, P.L.L.C., charge the following in attorneys fees for a typical case that is filed in the United States with the U.S. Citizenship and Immigration Services (USCIS)(please read the disclaimer on this page), in addition to the filing fees that are charged by the USCIS at present:
Principal Worker:
Family’s Application (if any family is also applying):
Experience:
At theKaba Law Group, P.L.L.C., our Miami immigration attorneys have experience with the filing process for the EB-1 visa status; we are fully prepared to help you ensure your application is as complete as possible and turned in by its applicable deadline. To speak with one of our Miami immigration attorneys about the particulars of your situation, please call our Miami offices at (305) 245-9990today.
How Do I Begin The Process?
Information and Documents needed for EB-1 Extraordinary Ability Aliens
Sample Retainer Agreement
For the following individuals, Second Preference Employment Based Immigration EB-2s (Green Cards) are available:
Advantage In Application Process
While around 40,000 annual visas are allotted for individuals who qualify for EB-2 Second Preference Employment Based Immigration, any unused visas from the EB-1 First Preference Employment Based Immigration may also be claimed under the EB-2 status. In most cases, both Labor Certification (PERM) and a job offer for a specific position will be required for individuals who wish to be granted EB-2 status. However, any individual may be exempt from obtaining both a Labor Certification (PERM) and the job offer for a specific position by requesting and filing a National Interest Waiver. Should the USCIS determine that the exemption of these requirements for an individual be in the United States’ national interest, individuals may be granted EB-2 status without them.
When immigrating from most countries (except China and India), individuals are allowed to file their application for EB-2 status immediately after gaining their Labor Certification (PERM), even before waiting for numerical availability. This immediate availability for EB-2 status is expected to continue for individuals emigrating from most countries.
Second-Preference Employment-Based Immigration (EB-2)
Only 40,000 EB-2 visas are granted annually in the US. If you are a member of the professions holding an advanced degree (or its equivalent), or a foreign national who has exceptional ability, or one whose exceptional abilities mean that their employment here would benefit the nation, you may be eligible for an employment-based, second-preference visa.
The first step in obtaining your visa employment status is to have a potential employer. The US Citizenship and Immigration Services (USCIS) expects that EB-2 petitions be accompanied by an approved individual labor certification from the Department of Labor, that is obtained by your employer. Your employer must also file a Petition for Alien Worker.
EB-2 Advanced Degree Eligibility
The job you apply for, and list in your petition, necessitates an advanced degree or its equivalent. The USCIS defines the equivalent as a baccalaureate degree plus five years of progressive work experience in the field. Documentation required to prove your education is the official academic record from the educational institution, either from the US or a foreign equivalent, that shows your advanced degree.
Alternatively, you can provide the official academic record of your US or foreign baccalaureate degree along with letters from your current or former employers that characterize your work experience in your specialized field.
EB-2 Exceptional Ability Eligibility
If you have exceptional ability in the fields of science, education, the arts, business, or athletics, you may also be eligible to obtain an EB-2 visa. Exceptional ability is defined as a level of expertise that is significantly above that which is ordinarily encountered in those fields. You must meet at least three of the criteria below to be eligible for this type of visa:
Typical professionals who qualify for an EB-2 visa may include actors, economists, doctors, musicians, physicists, geographers, and others who have risen to the very top of their respective fields and those who have been recognized nationally or internationally, with distinction.
National Interest Waiver
The third option of qualifying for an EB-2 visa is to obtain a National Interest Waiver. They are usually granted to those who have exceptional ability and whose employment in the US would greatly benefit the nation.
Immigrants who are seeking a national interest waiver are requesting that the Labor Certification be waived because it is in our country’s best interest. Those who wish to pursue this type of waiver may self-petition, meaning that an employer need not sponsor them. The petitioner may file their labor certification directly with USCIS along with their Petition for Alien Worker.
If you are seeking such a petition with the waiver, you must also meet at least three of the criteria for exceptional ability, as well as demonstrate how your permanent work in the United States serves the country’s national interest.
For individuals who receive a EB-2 Second-Preference Employment-Based Immigration status, their spouses and children, so long as they are unmarried and under 21, will be eligible to obtain a green card to accompany the main beneficiary as derivatives.
At theKaba Law Group, P.L.L.C., our team of immigration lawyers has experience representing companies and individuals while they are in the process of obtaining their EB-2 Second Preference Employment Based Immigration Permanent Residency (Green Cards). To speak with one of our experienced immigration lawyers today, please call (512) 323-2333.
EB-2 – Advanced Degree Professional
Basic Requirements:
This second-preference, employment-based visa status is intended for professionals with advanced degrees. To be eligible, applicants must hold an advanced degree (or some equivalent of experience or education). In addition, qualified applicants must be applying to a position that has a minimum requirement for an advanced degree or comparable level of experience. To be considered to possess an equivalent to a master’s degree, applicants must at least hold a bachelor’s degree and five years of progressive experience.
Application Process:
Under normal circumstances, employers are required to first obtain labor certification (PERM) from the United States Department of Labor for the applicant. Once labor certification has been obtained, applicants (except those from China and India) have normally been allowed to file their application and petition without having to further wait for numerical availability. This immediate availability is expected to continue for applicants from most countries.
EB-2—Exceptional Ability Worker
Basic Requirements:
The EB-2 exceptional ability worker visa status is available to people in the fields of business, science, art, and education. In order to further qualify for this preference category, individuals must be able to produce at least three of the following forms of evidence that support their status as an exceptional ability worker:
Application Process:
Under this second-preference employment-based preference category, employers are generally expected to obtain labor certification (PERM) from the Department of Labor before an individual may apply for this visa status. Once labor certification has been obtained, applicants from most countries (excepting China and India) are typically allowed to file their applications and petitions without having to first wait for numerical ability—this is not expected to change anytime in the foreseeable future.
Family Members:
Under a derivative status, the spouse and children of the main beneficiary will be eligible to obtain green cards, accompany the main beneficiary into the United States, and remain in the U.S. as long as the visa status of the main beneficiary is valid. To be eligible, children must be under the age of 21 and be unmarried.
Fees:
The Miami immigration attorneys with theKaba Law Group, P.L.L.C., will charge the following in attorney’s fees for a normal case that is filed in the United States with the U.S. Citizenship and Immigration Services (USCIS) (please take a moment to look over this disclaimer), in addition to the filing fees that are currently charged by the USCIS:
EB-2 Without National Interest Waiver (NIW)
Step 1—Labor Certification:
Step 2—Permanent Residency Petition:
Step 3:–Adjustment of Status (if already in the U.S.):
Consular Processing (if outside of the U.S.):
EB-2 With National Interest Waiver (NIW)
Step 1—Permanent Residency Petition:
Step 2:–Adjustment of Status (if already in the U.S.):
Consular Processing (if outside of the U.S.):
Experience:
At theKaba Law Group, P.L.L.C., our Miami immigration attorneys have the experience and the resources to help you work through the application process for your EB-2 exceptional ability worker visa status; we can help you ensure that your application is complete and filed by every applicable deadline (please take a moment to look over some of our approved cases). To speak with one of our immigration attorneys in Miami about the particulars of your situation, please call our Miami offices at (305) 245-9990today.
How Do I Begin The Process?
Information and Documents needed for EB-2 Exceptional Ability Worker
Family Members:
Under the derivative status of this visa, the children and spouse of the primary beneficiary will be eligible to obtain green cards that will allow them to enter and remain in the United States. Children must be under the age of 21 and unmarried to be eligible under this derivative status.
Fees:
At theKaba Law Group, P.L.L.C., our Miami immigration attorneys charge the following in attorney’s fees when filing from within the United States at the U.S. Citizenship and Immigration Services (USCIS)(please take a moment to look over this disclaimer), in addition to the filing fee that is currently charged by the USCIS to apply for this visa status:
EB-2 Without National Interest Waiver (NIW)
Step 1—Labor Certification:
Step 2—Permanent Residency Petition:
Step 3:–Adjustment of Status (if already in the U.S.):
Consular Processing (if outside of the U.S.):
EB-2 With National Interest Waiver (NIW)
Step 1—Permanent Residency Petition:
Step 2:–Adjustment of Status (if already in the U.S.):
Consular Processing (if outside of the U.S.):
Experience:
If you plan on applying for this EB-2 visa status, the Miami immigration attorneys at theKaba Law Group, P.L.L.C., have the experience and resources you will need to ensure that your application is as complete as possible. To discuss the particulars of your situation with one of our Miami attorneys, please call our Miami offices at (305) 245-9990today.
EB-2—National Interest Waiver
Basic Requirements:
Individuals who apply under this preference category will neither be required to secure labor certification (PERM) from the United States Department of Labor nor will they require a specific offer from a job. Rather, the United States Citizenship and Immigration Services (USCIS) must determine whether it would be in the nation’s interest to allow such an exemption under this employment-based second-preference category. With that in mind, the USCIS will consider the following aspects of an applicant’s application in order to establish the national interest of his or her employment:
Our Miami immigration attorneys understand just how much will depend on this application; we can help you ensure that your application is as complete and as accurate as it possibly can be.
Consult With An Immigration Attorney In Miami
If you believe that you may qualify for a visa under this preference category, you should consult with one of the Miami immigration attorneys at theKaba Law Group, P.L.L.C., about what you will need to do as you begin the application process. To speak with one of our attorneys in Miami about the particulars of your situation, please call our Miami offices at (305) 245-9990today.
What Is Labor Certification?
The United States Department of Labor issues labor certification after ensuring that the following are true:
The U.S. Department of Labor has offered labor certification through the Program Electronic Review Management (PERM) system since March 28, 2005.
Who Needs Labor Certification?
Employers in the United States must obtain labor certification from the U.S. Department of Labor before they may file an employment-based petition. As such, U.S. employers who wish to employ foreign workers under the following two preference categories must first obtain labor certification:
However, there are exceptions to this rule that are based on national interest waivers. There are not many occupations that are precertified as “Schedule A,” which includes occupations like professional nursing and physical therapists.
What Is The Procedure To Obtain Labor Certification?
Petitioning employers must complete each of the following steps in order to obtain labor certification from the Department of Labor:
Fees:
The Miami employment-based visa lawyers with theKaba Law Group, P.L.L.C., charge the following in attorney’s fees for the typical labor certification application with the United States Department of Labor. However, it should be noted that the fees listed below do not include all the fees that will be subsequently required to file the relevant applications and petitions with the United States Citizenship and Immigration Service (USCIS) (please take a moment to look over the disclaimer on this page):
Experience:
At theKaba Law Group, P.L.L.C., our Miami employment-based visa lawyers have the experience and the resources to help you through the entire labor certification process (please take a look at a sample of cases that were approved). To speak with an attorney in Miami about what you will need to do in order to obtain your labor certification, please call our Miami offices at (305) 245-9990today.
What Will I Need To Begin The Process?
Employment Base Labor Certification
EB-3 visas are issued to certain classes of immigrants who wish to live and work in the United States on a permanent basis. Because demand for these visas is very high, it is vital that you hire an experienced EB-3 attorney who can help you navigate the complicated application process. The Miami immigration attorneys atKaba Law Group, P.L.L.C. have been helping people obtain EB-3 visas for years.
Our team can help you better determine your eligibility of EB-3 Employment Based Immigration status. If you have any questions about your eligibility or the EB-3 application process, don’t hesitate to schedule a consultation with our compassionate and understanding Miami immigration lawyers by calling (512) 323-2333.
Aside from any unused visas from the EB-1 and EB-2 Employment Based Immigration statuses, the EB-3 Third Preference Employment Based Immigration status is allotted 40,000 visas on an annual basis. To qualify for the EB-3 Employment Based Immigration status, individuals must first have their Labor Certification (PERM) and a specific job offer in hand. However, even once an individual has secured the Labor Certification, a Petitioner (the applicant’s future employer) must file for an Immigrant Petition. As visas become numerically available, individuals may file for the adjustment of status or go ahead with consular processing.
Sadly, since there are many individuals filing for EB-3 Employment Based Immigration statuses, it may take a number of years before there is numerical availability for their visa. Furthermore, it is not expected that this delay in availability is likely to change in the near future.
Family Members:
When accompanying the main beneficiary of the EB-3 Employment Based Immigration status, spouses and children, defined as under 21 and unmarried, may obtain green cards as derivatives of any individual granted EB-3 Employment Based Immigration status.
If you are trying to live and work in the United States, you have probably discovered how complicated and frustrating U.S. immigration laws can be. Getting the help of an experienced immigration attorney is your best bet for obtaining an EB-3 visa. A skilled attorney has been through the complex, multi-phase process many times before, so they can help you navigate the red tape.
AtKaba Law Group, P.L.L.C., our experienced and compassionate Miami immigration attorneys have dedicated their professional lives to helping immigrants achieve the American dream. Our decades of experience in immigration law has given us a firm understanding of the obstacles faced by immigrants. We know how to apply our legal knowledge and skills to help immigrants overcome those challenges.
The Miami immigration lawyers at theKaba Law Group, P.L.L.C., are highly experienced with assisting companies and individuals in the successful application for EB-3 Employment Based Immigration permanent resident statuses. We tirelessly fight for the rights and needs of our immigrant clients. Our attention to detail and hard work sets us apart from the other immigration law firms. Our compassionate lawyers understand how important your unique case is to you, and we want to help in any way we can. To contact the Miami EB-3 visa lawyers at theKaba Law Group, P.L.L.C., call us at (512) 323-2333.
AtKaba Law Group, P.L.L.C., we handle EB-3 cases for all categories of workers. The following individuals are qualified to apply for the EB-3 Third Preference Employment Base Immigration (Green Card) status:
This subcategory is for people who have a U.S. bachelor’s degree or foreign degree equivalent, and that a bachelor’s degree is a requirement for entry into the occupation they seek. In order to apply, you need a permanent full-time offer of employment and a labor certification. You must be doing work in which qualified workers in the U.S. are not available. Lastly, work experience and some education cannot be substituted for a bachelor’s degree. Examples of professional workers include, but are not limited to, engineers, architects, doctors, and teachers.
Individuals who have 2 years of work experience or training. Applying under this category requires a labor certification and a permanent full-time offer of employment. You must also demonstrate 2 or more years of training and job experience and be performing work for which qualified workers are not available in the U.S.
The “other workers” subcategory are people who are capable of performing unskilled labor, which is defined as work requiring less than 2 years of training or experience, that is not seasonal or temporary. Like the previous two subcategories, this is in the case that there not qualified workers are not available in the United States. To apply for this category, you must have a permanent full-time offer of employment and a labor certification. Because there is an annual limit of 10,000 visas in this subcategory, there are very long backlogs.
If you have any questions about your eligibility, please reach out to the Miami immigration attorneys atKaba Law Group, P.L.L.C. by calling (512) 323-2333.
AtKaba Law Group, P.L.L.C., we get a lot of questions from clients regarding EB-3 visas. Below are some questions we hear often. We hope you find this information useful. If you have questions about your particular situation, don’t hesitate to contact our experienced Miami immigration lawyers by calling (512) 323-2333.
To apply for an EB-3, your employer has to file the Labor Certification with the U.S. Department of Labor. This confirms that they tried to recruit American workers for the position, but did not find anyone who was qualified or willing to do the job. After the Labor Certification is approved, your employer has to submit an immigrant visa petition and other necessary documentation to the United States Citizenship and Immigration Services (USCIS) on your behalf. You may have to wait for an immigrant visa number to become current before you can apply to adjust your status.
The steps involved in the EB-3 process can take varying amounts of time. The first step is the Labor Certification, which requires a recruitment process that takes 60 days at the minimum. The Department of Labor takes, on average, six to nine months to process the form.
After that step, your employer will file the I-140 with U.S. Citizenship and Immigration Services (USCIS), which generally takes about six months to process. It can be expedited, however, with premium processing. After that, you will have to wait until your priority date is current, which has a major influence on your overall processing time as the priority dates for some countries are already current while other counties could take years. After that, you will need to go through consular processing or adjustment of status, which requires the filing of the I-485 form. This form takes about six months to process. Consular processing can take weeks to months depending on how busy the U.S. Consulate is in your home country. In total, the shortest waiting time for an EB-3 is about one year while the longest waiting time could be over 10 years. The wait time depends on your unique situation.
Many people get the terms visa and green card confused, and it is often assumed that they are different things. When in actuality, a green card is a visa. A visa allows aliens to spend time in the United States. There are two primary types of visas: nonimmigrant and immigrant visas. Nonimmigrant visas are temporary. A holder of this visa often returns to their home country at the end of the validation period. On the other hand, an immigrant visa is permanent. Holders of an immigrant visa are granted permanent residence in the U.S., which allows them to legally live and work almost without restriction indefinitely. Immigrant visas are referred to as green cards because the permanent resident cards are green in color. Therefore, the EB-3 green card and the EB-3 visa are the same thing because green cards are a type of visa.
The experienced Miami EB-3 attorneys atKaba Law Group, P.L.L.C. are ready to help you work through every aspect of your EB-3 application. To speak with one of our compassionate and skilled EB-3 lawyers about the particulars of your situation, call us today at (512) 323-2333.
EB-3—Third Employment-Based Preference For Professionals
Basic Requirements:
This third preference category for employment-based visas (green cards) is available to foreign professionals who hold a degree that is or is the foreign equivalent to a U.S. bachelor’s degree. This educational requirement may not be substituted with comparable experience. As such, the position that the applicant is seeking must be considered a professional occupation and, thereby, must require at least a bachelor’s degree to be considered for the position.
Application Process:
Before an applicant may be considered for this preference category, the employer offering the position must have already obtained labor certification (PERM) through the U.S. Department of Labor. Once that has been secured by the employer, the employer must have already offered a specific job offer to the applicant and file for an immigrant petition on behalf of the applicant.
Applicants must wait until visas become numerically available before they can file for an adjustment of status or continue with consular processing. Since there are consistently high backlogs of applicants waiting for their visa to become numerically available, the wait for this visa status may take a number of years. Though this process may take seven or more years to complete for people from most countries, individuals from Mexico, India, and the Philippines are likely to wait even longer. Unfortunately, the unavailability of this visa is likely to continue for some time.
Family Members:
Under the derivative status of this preference category, the spouse and children of the primary beneficiary may obtain green cards to accompany him or her into the United States. To be eligible for this derivative status, children must be under the age of 21 and unmarried.
Fees:
The Miami immigration attorneys at theKaba Law Group, P.L.L.C., charge the following in attorney’s fees when filing a typical application from within the United States and with the U.S. Citizenship and Immigration Services (USCIS) (please look over our disclaimer on this page), along with the filing fees that are currently charged by the USCIS:
Step 1–Labor Certification:
Step 2–Permanent Residency Petition:
Step 3–Adjustment Of Status (If Already In The U.S.):
Consular Processing (If Outside Of The U.S.):
Experience:
At theKaba Law Group, P.L.L.C., our Miami professional EB-3 attorneys are prepared to help you work through every aspect of your application and petition under this employment-based preference. To speak with an attorney in Miami about the particulars of your circumstances, please call our Miami offices at (305) 245-9990today.
EB-3—Third Employment-Based Preference For Skilled Workers
Basic Requirements:
Skilled workers may apply for the third employment-based preference category. However, applicants must have at least two years of experience, training, or education that is directly related to the position being offered. Additionally, the offered position must require applicants to already possess at least two years of experience, training, or education that is relevant to the position.
Application Process:
Before any action may be taken by the applicant for this third employment-based preference category, the petitioning employer must have already secured labor certification (PERM) from the U.S. Department of Labor. Accordingly, there must be a specific job offer to apply for this preference category. Once labor certification has been obtained, the petitioning employer must file for an Immigrant Petition.
Applicants may only file for an adjustment of status or move on with consular processing once a visa becomes numerically available. Due to a significant backlog of applications for this preference category, an individual applicant may end up waiting years for his or her visa to become numerically available. Applicants from most countries often must wait at least seven years to advance with the process; applicants from Mexico, India, and the Philippines often must wait much longer. These wait periods are expected to remain the same in the near future.
Family Members:
The spouse and children of the primary beneficiary may enter and remain in the United States under a derivative status of the EB-3. To be eligible for this derivative status, children may not be married and must be under 21 years old.
Fees:
The Miami immigration attorneys at theKaba Law Group, P.L.L.C., charge the following in attorney’s fees for typical cases that are filed in the United States and with the U.S. Citizenship and Immigration Services (USCIS) (please take a moment to read this disclaimer), along with the filing fees that are currently charged by the USCIS:
Step 1—Labor Certification:
Step 2—Permanent Residency Petition:
Step 3:—Adjustment of Status (if already in the U.S.):
Consular Processing (if outside of the U.S.):
Experience:
At theKaba Law Group, P.L.L.C., our Miami immigration attorneys possess the experience and the resources to help skilled workers ensure that their application for the third employment-based preference visa. To speak with an immigration attorney in Miami about the particulars of your situation, please call our Miami offices at (305) 245-9990today or click here to learn more about EB 3 employment visas.
What Will I Need To Do To Begin The Process?
Information and Documents needed for EB-3 Skilled Workers
EB-3—Third Employment-Based Preference For Other Workers (Unskilled Workers)
Basic Requirements:
Unskilled workers may apply for the third employment-based preference for the United States Citizenship and Immigration Services “other workers” category. To be eligible, applicants must be capable of performing unskilled labor, which is generally defined as any labor requiring less than two years of experience or training to perform. Visa availability for unskilled workers is significantly lower than for other categories.
Application Process:
Employers must first secure labor certification from the Department of Labor before anything else may be done. As such, there must already be a specific job offer that has been extended to any potential EB-3 applicant. Once employers (the petitioner) that have obtained labor certification make a foreign hire, they must then file for an Immigrant Petition with the U.S. Citizenship and Immigration Services (USCIS).
Before the applicant can proceed with consular processing or file for an adjustment of status, his or her visa must have already become numerically available. Unfortunately, there is a significant backlog of applications, and applicants often wait years for their visa to become numerically available. In fact, unskilled workers are subject to the longest wait times, as there is often a minimum wait time of nine years. People from China, Mexico, India, and the Philippines often wait much longer. Applicants should expect this category to continue to be immediately unavailable.
Family Members:
The children and spouse of the primary beneficiary may enter and remain in the United States with a derivative status of this preference category. However, children must be unmarried and under the age of 21 to be considered eligible for the derivative EB-3 status.
Fees:
The Miami immigration attorneys at theKaba Law Group, P.L.L.C., will charge the following in attorney’s fees for a typical application filed from within the United States at the U.S. Citizenship and Immigration Services (USCIS) (please take a moment to read through this disclaimer), in addition to the filing fees that are currently charged by the USCIS:
Step 1—Labor Certification:
Step 2—Permanent Residency Petition:
Step 3—Adjustment Of Status (If Already In The U.S.):
Consular Processing (If Outside Of The U.S.):
Experience:
At theKaba Law Group, P.L.L.C., our Miami immigration attorneys have the experience and the resources you will need as you work through the application process for this preference category. To speak with an immigration attorney in Miami about the particulars of your current situation, please call our Miami offices at (305) 245-9990today.
What Do I Need To Begin?
Information and Documents needed for EB-3 Unskilled Workers
What Is Labor Certification?
The United States Department of Labor issues labor certification after ensuring that the following are true:
The U.S. Department of Labor has offered labor certification through the Program Electronic Review Management (PERM) system since March 28, 2005.
Who Needs Labor Certification?
Employers in the United States must obtain labor certification from the U.S. Department of Labor before they may file an employment-based petition. As such, U.S. employers who wish to employ foreign workers under the following two preference categories must first obtain labor certification:
However, there are exceptions to this rule that are based on national interest waivers. There are not many occupations that are precertified as “Schedule A,” which includes occupations like professional nursing and physical therapists.
What Is The Procedure To Obtain Labor Certification?
Petitioning employers must complete each of the following steps in order to obtain labor certification from the Department of Labor:
Fees:
The Miami employment-based visa lawyers with theKaba Law Group, P.L.L.C., charge the following in attorney’s fees for the typical labor certification application with the United States Department of Labor. However, it should be noted that the fees listed below do not include all the fees that will be subsequently required to file the relevant applications and petitions with the United States Citizenship and Immigration Service (USCIS) (please take a moment to look over the disclaimer on this page):
Experience:
At theKaba Law Group, P.L.L.C., our Miami employment-based visa lawyers have the experience and the resources to help you through the entire labor certification process (please take a look at a sample of cases that were approved). To speak with an attorney in Miami about what you will need to do in order to obtain your labor certification, please call our Miami offices at (305) 245-9990today.
What Will I Need To Begin The Process?
Basic Requirements:
The employment-based fourth preference, or EB-4, visa, encompasses special religious workers. Applicant eligibility for this visa/status are considered by the United States Citizenship and Immigration Services (US CIS). Ministers and individuals in other religious occupations or vocations may apply to enter the United States with an R Visa/status (EB-4). An EB-4 visa applicant must intend to pursue full time compensated religious work. US CIS requires 35 hours of work per week of salaried or unsalaried work to meet these standards. Individuals intending to enter the U.S. on an EB-4 visa to work as ministers are not limited by any cap.
It should be noted, however, that non-ministers may not be able to receive an R Visa. The law authorizing non-ministers to gain this designation periodically sunsets, meaning that designations cease when a certain number has been met. Only 5,000 non-minister religious immigrants are allowed to enter on an EB-4 visa each year. As such, there are very specific guidelines as to who qualifies as a minister; to be considered a minister, an individual must be authorized by a recognized denomination to lead religious worship and to perform any other duty normally performed by clergy members. Accordingly, the US CIS will not recognize a lay preacher as a minister.
Religious occupation is understood to be habitual engagement in some activity that directly relates to traditional religious function by the US CIS—for example, liturgical workers, religious counselors, and religious instructors. Religious vocation, on the other hand, is considered to be a calling to religious life that is supported by a lifelong commitment to a recognized domination—for example, religious brothers and sisters, monks, and nuns. To qualify as an immigrant with the special EB-4 religious worker status, foreign nationals must be either a minister in a nonprofit religious denomination within the U.S. or a worker with a valid religious occupation or vocation.
Additionally, to qualify for the R Visa (EB-4), religious workers must have been a member of the same religious denomination continuously for the last two years, though previous religious work does not have to resemble the proposed work following approval. The applicant’s previous work does not have to be completely continuous as long as any breaks lasted less than two years, the applicant was still employed as a religious worker, or if the break was taken to complete further religious training. When a church is petitioning for this status for one of its members, it must have first received 501(c)(3) nonprofit status from the IRS. Applicants to the EB-4 visa must provide a letter from the nonprofit religious organization in the U.S. stating confirmation of the applicant’s past two or more years of service, proof of the applicant’s religious training, and authorization of the applicant’s ability to perform religious duties.
Family Members:
As derivatives of the main beneficiary, children (when unmarried and under the age of 21) and spouses are eligible to obtain green cards when accompanying the main beneficiary of the EB-4 status.
Fees:
When filing in the United States at the United States Citizenship and Immigration Services (US CIS) (please read the disclaimer page), the Miami-based immigration lawyers at theKaba Law Group, P.L.L.C., typically charge the following in attorney’s fees and filing fees as currently charged by the US Citizenship and Immigration Service (US CIS):
Step 1—Permanent Residency Petition:
Step 2—Adjustment Of Status (If Already In The U.S.):
Consular Processing (If Outside Of The U.S.):
Documents Needed To Get Started:
If you think you may be eligible to apply for an EB-4 Visa for religious workers, the next step is to schedule a consultation with an attorney at William Jang. Our staff of highly trained and experienced lawyers is ready to walk you through each step of the visa process and guide you through the complexities of religious immigration.
Below you will find two documents. The first is an informational record that must be filled out without error and in its entirety concerning personal and family information. It also contains a helpful checklist of documents you and your church will need to provide to the US CIS.
The second document is a sample retainer agreement form or an agreement between our clients and theKaba Law Group, P.L.L.C. that we collect in order to provide our legal services.
Documents / Information for EB-4 Religious Workers
Why You Need A Lawyer
Many individuals complete their immigration without hiring a lawyer. However, obtaining an EB-4 visa is a complex and often stressful process. A lawyer can counsel you through each obstacle and help you to understand whether you are eligible based on your status.
Even after filing all documents and submitting all fees, many people find that something as small as a technical error can be a huge setback. A lawyer’s guidance can save you time and money, and lets you rest assured throughout the entirety of a long process.
If you’re considering an EB-4 visa, a quick consultation with a lawyer can mean the difference between being approved to enter the U.S. and making an accidental mistake that constitutes as a fraud. Mention this website and a 30-minute consultation at theKaba Law Group, P.L.L.C. will be discounted to $50 as a limited time offer.
Experience: Why Choose Us
At theKaba Law Group, P.L.L.C., our experienced, Miami-based immigration lawyers are prepared to assist any client who wishes to obtain an EB-4 Forth Preference Permanent Residency (Green Card) as a religious worker. With more than a decade of experience between our attorneys, we understand the complex and delicate nature of immigration law. Our staff treats each case with the care, attention, and knowledge of the law that our clients deserve, and value open and honest communication with our clients, so you can make the informed decisions that are right for you.
William Jang attorneys know every deadline, document, and qualification you need to be eligible to immigrate to the U.S. We get to know each of our clients’ stories in order to best help them obtain legal residence in the most efficient and effective way possible.
The EB-4 visa is particularly complicated, and eligibility depends on personal and religious information as well as a number of factors. Let theKaba Law Group, P.L.L.C. assist you in what we do best: making your immigration to the U.S. as smooth as possible. Our team is confident in our ability to help you obtain an EB-4 or other relevant visas.
Schedule a consultation today, use our helpful live chat, or contact us at (512) 323-2333.
EB-4—Fourth Employment-Based Preference For Religious Workers
Basic Requirements:
The EB-4 visa may be obtained by ministers and other people with religious occupations or vocations that plan to perform religious work in a full-time compensated position. It should be noted, however, that there is a limit of 5,000 workers who may be issued this visa during each fiscal year, so there is a chance that it may be unavailable at the time you want to apply.
To be considered for this visa as a religious worker, an individual must be able to prove that he or she is authorized by a religious denomination that is recognized by the U.S. to perform religious worship and conduct various other religious duties that would otherwise be conducted by clergy members. As such, individuals considered to be “lay” preachers will not qualify.
Religious occupations involve the habitual engagement in some activity that directly relates to some traditional religious function—these include religious instructors, liturgical workers, and religious counselors. On the other hand, religious vocations involve some intrinsic calling to some aspect of religious life as demonstrated through a lifelong commitment to their work—this will include monks, nuns, and any other people who have taken a vow to perform their works.
Before any person may qualify for the EB-4 visa as a religious worker, he or she must satisfy the following conditions:
Family Members:
Under the derivative status of the EB-4 visa, the spouse and children of the primary beneficiary will be eligible to obtain green cards so that they may enter and remain in the United States so long as the primary beneficiary’s visa remains active.
Fees:
The Miami immigration attorneys at theKaba Law Group, P.L.L.C. will charge the following for a normal case when it is filed from within the United States and with the U.S. Citizenship and Immigration Services (USCIS) (please take a moment to look over this disclaimer), in addition to the filing fee that is currently charged by the USCIS:
Experience:
At theKaba Law Group, P.L.L.C., our Miami immigration lawyers understand what you will need to do in order to obtain your EB-4 fourth-preference permanent residency that exists for religious workers—please take a moment to look over a sample of approved cases. To discuss the particulars of your situation with one or our Miami immigration attorneys, please call our Miami offices at (305) 245-9990today.
What Will I Need To Begin The Process?
Information and Documents needed for EB-4 for Religious Workers
Basic Requirements:
For immigrant investors and their families, EB-5 Fifth Preference Employment Based Immigration status (Green Card) is available. Once an immigrant investor has successfully filed an immigration petition, the investor must then take one of the following steps: apply for consulate processing (when not in the U.S.) or file for an adjustment of status (when in the U.S.). Upon approval, an investor, along with his or her family, may live in the U.S. for two years with conditional residence. Within those two years, the investor will need to be approved for permanent residence in order to remain in the U.S. Additionally, individuals with conditional and permanent residence in the U.S. will be able to live and work in the U.S.
The general requirements to obtain permanent residence under the EB-5 category are as follows:
1) Minimum Investment:
To be considered for EB-5 immigration status, an individual must have already invested or be in the process of investing at least US$1,000,000 of capital in a U.S. business. However, the United States Citizenship and Immigration Services (US CIS) may lower or raise the amount of this minimum investment. For instance, in areas of high employment, the US CIS may require as much as a US$3,000,000 minimum investment. In some targeted areas, the minimum investment may be as low as US$500,000. To be considered a targeted area, it must be a rural community with a population of less than 20,000 people or in an area where the unemployment rate is at least 150% of the national average. In Texas, a written statement from a local mayor is required for any area to be considered a targeted area.
2) Actual Commitment Of Capital:
Furthermore, this capital (minimum investment) made by investors must be put at risk in the marketplace for the purposes of creating a return on that capital. As such, an investor’s loan to a company or promise to invest in the future is not considered to be an actual commitment of capital. However, an investment may be made in cash or other property. The following are examples of an actual commitment of capital: 1) the deposit of the minimum investment into a company’s bank account without any obligation on their part to pay the investor back; 2) the actual purchase and transfer of requested assets to a company; 3) the deposit of an acceptable sum of money into an escrow account which would be released to a company should the US CIS deny the investor’s permanent resident application.
3) Lawful Means:
In every case, the funds being invested as part of the EB-5 immigration status must have been obtained through legal means, including by gift or inheritance. Satisfactory documentation must be submitted as part of the investor’s application in order to sufficiently establish that all funds were legally obtained. Proper documentation may include business records, bank statements, tax returns, proof of ownership of properties, and proof of sale of businesses and properties. Additionally, obtaining the initial investment through a loan from a bank or other third party is also considered legal means. However, any loan used as capital must be guaranteed by the investor’s own assets (and not a company’s assets) and must be paid in full within the two years of conditional residence in the U.S.
4) New Enterprise Or Troubled Business:
This investment must be used to either rescue a struggling commercial business or establish an altogether new commercial enterprise. To be considered a new commercial enterprise, an investor must have: 1) created a completely new business from scratch (as established after November 29, 1990); 2) restructured an existing company; or 3) made an investment in an existing company that increased the net worth of the business or the number of employees by at least 40%. To be considered a troubled business, a business must have been in existence for the last 2 years and therein sustained a net loss of at least 20% of its net worth.
5) Job Creation:
Any investment must benefit the U.S. economy and create, under most circumstances, at least 10 full-time jobs. While immediate family members may not be employed to satisfy this requirement, any U.S. citizen, permanent resident, or immigrant legally authorized to work in the U.S. may do so. To be considered full-time employment, each position must offer work for at least 35 hours per week. However, there are two exceptions to this requirement: 1) when investing in a struggling business, 10 jobs do not need to be created—rather it is only required that the number of jobs be maintained at pre-investment levels; 2) the job creation requirements may be relaxed when a business is in an area with a regional center designation, such as areas where the generated revenues result from exports.
6) Management:
In any business or company that an investor invests his or her capital, the investor must be engaged in the actual management of the company, whether through day-to-day management or the formation of policies. Furthermore, this requirement may be fulfilled should an investor hold a seat on the board of directors or a corporate office.
7) Other Requirements:
Additionally, the investor and every member of the immediate family that will be accompanying the individual must be qualified to obtain permanent resident status. For instance, no individual should have a criminal conviction that would make them ineligible for permanent residency. Furthermore, it should be noted that not every criminal conviction will make an individual ineligible for permanent residency in the U.S.
Fees:
At theKaba Law Group, P.L.L.C., our legal team charges the following amounts in attorney’s fees for a typical EB-5 application filed in the United States with the U.S. Citizenship and Immigration Services (US CIS) (please read the disclaimer on this page), in addition to the filing fees currently charged by US CIS:
Step 1: Petition
Step 2: Adjustment Of Status (If Already In The U.S.):
Consular Processing (If Outside Of The U.S.):
Step 3: Removal Of Condition:
What Do We Need To Get Started?
Terms Of Usage:
While the information provided on this website may be of use in a general nature, it may not necessarily apply to any particular set of facts or circumstances. As such, it should be noted that this website does not necessarily reflect the most recent legal development concerning the EB-5 immigration status. Furthermore, this information is general in nature and purpose and may not be construed as legal advice and, therefore, does not necessitate a client-attorney relationship. To discuss any particular questions with one of our Miami lawyers at theKaba Law Group, P.L.L.C., or if you want to retain legal representation, please call our Miami offices at (512) 323-2333.
TheKaba Law Group, P.L.L.C., explicitly does not guarantee that any of the information available on this website is either complete or correct. As such, theKaba Law Group, P.L.L.C., expressly disclaims any and all liability of any actions pursued based off of the contents of this website.
Critically, we remind you that any electronic communications—including e-mails—may be unsecure and, therefore, not confidential. With that in mind, we strongly advise that you do not send our offices any information that you consider confidential and/or sensitive. As such, we will not treat any e-mail communication as either confidential or privileged.
For immigrant investors and their families, EB-5 Fifth Preference Employment Based Immigration status (Green Card) is available. Once an immigrant investor has successfully filed an immigration petition, the investor must then take one of the following steps: apply for consulate processing (when not in the U.S.) or file for an adjustment of status (when in the U.S.). Upon approval, an investor, along with his or her family, may live in the U.S. for two years with conditional residence. Within those two years, the investor will need to be approved for permanent residence in order to remain in the U.S. Additionally, individuals with conditional and permanent residence in the U.S. will be able to live and work in the U.S.
The general requirements to obtain permanent residence under the EB-5 category are as follows:
To be considered for EB-5 immigration status, an individual must have already invested or be in the process of investing at least US$1,000,000 of capital in a U.S. business. However, the United States Citizenship and Immigration Services (US CIS) may lower or raise the amount of this minimum investment. For instance, in areas of high employment, the US CIS may require as much as a US$3,000,000 minimum investment. In some targeted areas, the minimum investment may be as low as US$500,000. To be considered a targeted area, it must be a rural community with a population of less than 20,000 people or in an area where the unemployment rate is at least 150% of the national average. In Texas, a written statement from a local mayor is required for any area to be considered a targeted area.
Furthermore, this capital (minimum investment) made by investors must be put at risk in the marketplace for the purposes of creating a return on that capital. As such, an investor’s loan to a company or promise to invest in the future is not considered to be an actual commitment of capital. However, an investment may be made in cash or other property. The following are examples of an actual commitment of capital: 1) the deposit of the minimum investment into a company’s bank account without any obligation on their part to pay the investor back; 2) the actual purchase and transfer of requested assets to a company; 3) the deposit of an acceptable sum of money into an escrow account which would be released to a company should the US CIS deny the investor’s permanent resident application.
In every case, the funds being invested as part of the EB-5 immigration status must have been obtained through legal means, including by gift or inheritance. Satisfactory documentation must be submitted as part of the investor’s application in order to sufficiently establish that all funds were legally obtained. Proper documentation may include business records, bank statements, tax returns, proof of ownership of properties, and proof of sale of businesses and properties. Additionally, obtaining the initial investment through a loan from a bank or other third party is also considered legal means. However, any loan used as capital must be guaranteed by the investor’s own assets (and not a company’s assets) and must be paid in full within the two years of conditional residence in the U.S.
This investment must be used to either rescue a struggling commercial business or establish an altogether new commercial enterprise. To be considered a new commercial enterprise, an investor must have: 1) created a completely new business from scratch (as established after November 29, 1990); 2) restructured an existing company; or 3) made an investment in an existing company that increased the net worth of the business or the number of employees by at least 40%. To be considered a troubled business, a business must have been in existence for the last 2 years and therein sustained a net loss of at least 20% of its net worth.
Any investment must benefit the U.S. economy and create, under most circumstances, at least 10 full-time jobs. While immediate family members may not be employed to satisfy this requirement, any U.S. citizen, permanent resident, or immigrant legally authorized to work in the U.S. may do so. To be considered full-time employment, each position must offer work for at least 35 hours per week. However, there are two exceptions to this requirement: 1) when investing in a struggling business, 10 jobs do not need to be created—rather it is only required that the number of jobs be maintained at pre-investment levels; 2) the job creation requirements may be relaxed when a business is in an area with a regional center designation, such as areas where the generated revenues result from exports.
In any business or company that an investor invests his or her capital, the investor must be engaged in the actual management of the company, whether through day-to-day management or the formation of policies. Furthermore, this requirement may be fulfilled should an investor hold a seat on the board of directors or a corporate office.
Additionally, the investor and every member of the immediate family that will be accompanying the individual must be qualified to obtain permanent resident status. For instance, no individual should have a criminal conviction that would make them ineligible for permanent residency. Furthermore, it should be noted that not every criminal conviction will make an individual ineligible for permanent residency in the U.S.
At theKaba Law Group, P.L.L.C., our legal team charges the following amounts in attorney’s fees for a typical EB-5 application filed in the United States with the U.S. Citizenship and Immigration Services (US CIS) (please read the disclaimer on this page), in addition to the filing fees currently charged by US CIS:
While the information provided on this website may be of use in a general nature, it may not necessarily apply to any particular set of facts or circumstances. As such, it should be noted that this website does not necessarily reflect the most recent legal development concerning the EB-5 immigration status. Furthermore, this information is general in nature and purpose and may not be construed as legal advice and, therefore, does not necessitate a client-attorney relationship. To discuss any particular questions with one of our Miami lawyers at theKaba Law Group, P.L.L.C., or if you want to retain legal representation, please call our Miami offices at (512) 323-2333.
TheKaba Law Group, P.L.L.C., explicitly does not guarantee that any of the information available on this website is either complete or correct. As such, theKaba Law Group, P.L.L.C., expressly disclaims any and all liability of any actions pursued based off of the contents of this website.
Critically, we remind you that any electronic communications—including e-mails—may be unsecure and, therefore, not confidential. With that in mind, we strongly advise that you do not send our offices any information that you consider confidential and/or sensitive. As such, we will not treat any e-mail communication as either confidential or privileged.
We Are Here To Help With Your Immigration Visas
At Kaba Law Group, P.L.L.C., our lawyers have the professional skills, legal knowledge, and trial experience that you can trust and rely on for results.
If you seek a Immigration Visas, Kaba Law Group and our Miami Dade County lawyers have the legal experience and dedication you need to represent you.
Call us today at (305)-245-9990 or schedule an free appointment online https://kabalaw.cliogrow.com/book, fully private, and confidential consultation and learn more about how we can help.
