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Visa

May 1, 2024

EB-1A: Extraordinary Ability

The EB-1A Visa, part of the Employment-Based First Preference category, is tailored for individuals of extraordinary ability across various fields. It offers a direct path for professionals, researchers, artists, athletes, and others demonstrating exceptional talent to gain permanent residency in the United States.

Key Features of the EB-1A Visa

  • Eligibility Criteria: Applicants must exhibit extraordinary ability by meeting stringent requirements, such as significant achievements and recognition in their field. This includes awards, accolades, and endorsements from industry experts.
  • Extraordinary Ability Requirement: To qualify for the EB-1A, individuals must demonstrate a level of ability that significantly exceeds the norm, evidenced by sustained national or international acclaim.
  • Self-Petitioning Capability: The EB-1A is unique in that it allows for self-petitioning, meaning applicants do not require a job offer or employer sponsorship to apply.
  • No Labor Certification Required: This visa bypasses the labor certification process, streamlining the application and speeding up the immigration timeline.
  • Premium Processing Option: Applicants seeking a faster decision can opt for premium processing, which reduces the adjudication time to 15 calendar days.
  • Path to Permanent Residency: Successful EB-1A applicants can transition to permanent residency, providing the liberty to live and work indefinitely in the U.S.
  • Diverse Field Eligibility: The visa caters to a wide range of professional fields, from science and arts to business and athletics, accommodating a broad spectrum of exceptional talents.

This visa category represents a significant opportunity for top-tier professionals to secure their place and pursue their careers within the U.S. without the constraints typically associated with other visa categories.

Showcasing Extraordinary Ability for the EB-1A

Demonstrating extraordinary ability is a crucial aspect of obtaining an EB-1A Visa. Here’s a detailed description of how one can showcase their extraordinary ability for the EB-1A Visa application:

  • Sustained National or International

Providing evidence of receiving critical acclaim and recognition at the national or international level is a strong indicator of extraordinary ability. This may include awards, honors, or other forms of recognition from reputable organizations within the field of expertise.

  1. Award Recognition:
    • Receipt of less-recognized national or international awards for excellence in the applicant’s field must be documented. It is important to detail the criteria for receiving the award and the competition involved. A letter from the awarding committee outlining these details is sufficient. For instance, an award like the Guglielmo Marconi Prize Paper Award at the IEEE Annual Conference on Wireless Communications demonstrates the international scope required. Awards from student-level competitions are considered less significant.
  2. Professional Associations:
    • Membership in associations that demand outstanding achievements as judged by recognized experts is critical. For example, unlike the American Cancer Society, which requires only a nominal fee, membership in the National Academy of Sciences as a Foreign Associate is highly selective, requiring nomination by an academy member based on distinguished achievements.
  3. Published Material:
    • Published works in professional, major trade publications, or other significant media outlets should be documented, including titles, dates, authors, and translations if necessary. High-profile publications or media coverage on platforms like CNN or ScienceDaily are valuable, as is evidence of the applicant judging prestigious competitions in their field.
  4. Judging Engagements:
    • Participation as a judge of the work of others in the same or related field, especially in high-profile settings or through peer review roles in journals with international circulation, is important. Documentation should include a confirmation letter from the organizers.
  5. Original Contributions:
    • Significant contributions in scientific, scholarly, artistic, athletic, or business fields should be highlighted with letters from independent experts who have utilized or been influenced by the applicant’s work. Patents may also qualify if they have been widely adopted or commercially exploited.
  6. Scholarly Publications:
    • There is no strict publication quantity requirement; however, the quality and impact of the publications, evidenced by citations and the prestige of the publishing outlet, are assessed.
  7. Artistic Exhibitions:
    • For artists, evidence of work displayed at major exhibitions or showcases is relevant.
  8. Leadership Roles:
    • Holding a significant role in an organization with a distinguished reputation should be supported by documentary evidence, including details about the role and the organization’s prestige.
  9. High Remuneration:
    • Commanding a high salary or significant compensation relative to peers in the field can meet this criterion.
  10. Commercial Success in the Performing Arts:
    • Documentation of commercial success, such as box office receipts or sales of records, CDs, or videos, is crucial for performers.

Adjudication Process: If an applicant meets fewer than three of these criteria, their application may face challenges in approval. However, fulfilling at least three criteria allows the application to advance to the next stage of review by USCIS, where final decisions are made based on the comprehensive evidence provided.

Application Process:

  1. Eligibility Assessment: Verify eligibility by demonstrating extraordinary ability through sustained acclaim, recognition, and achievements within the specific field.
  2. Portfolio of Evidence: Assemble a comprehensive portfolio showcasing extraordinary abilities. This should include awards, publications, memberships, patents, contributions, and other relevant accolades.
  3. Form I-140 Petition: Submit the Form I-140, Immigrant Petition for Alien Worker, along with a detailed petition letter and supporting documentation to highlight the applicant’s extraordinary abilities and their significance on a national level.
  4. Adjudication and Decision: The USCIS evaluates the petition and supporting documents to determine eligibility for the EB-1A Visa. Approval of the petition allows the applicant to proceed towards obtaining permanent residency.

Benefits:

  • Direct Path to Green Card: Successful applicants can immediately proceed to the green card application process, avoiding the PERM labor certification and enjoying a quicker route to permanent residency.
  • Flexibility and Autonomy: The EB-1A Visa supports self-petitioning, offering individuals the independence to manage their employment and professional activities within the U.S.
  • High Approval Rates: The EB-1A Visa typically enjoys high approval rates, reflecting the rigorous criteria for demonstrating extraordinary ability.
  • Competitive Edge: EB-1A Visa recipients gain a significant advantage in their fields, facilitating opportunities for further career development, collaboration, and innovation.

Embrace the opportunity to secure your place in the United States with the EB-1A Visa. Our experienced immigration team is ready to support you through this significant transition, ensuring that your exceptional talents are recognized and utilized in the dynamic environment of the United States.

 

May 1, 2024

EB-2 National Interest Waiver (NIW):

The EB-2 National Interest Waiver (NIW) Visa is a prestigious U.S. immigrant visa aimed at individuals with exceptional abilities or advanced degrees who are considered to benefit the national interest significantly. This visa category is ideal for professionals, researchers, entrepreneurs, and others who have a demonstrable impact on their field and the potential to contribute positively to the nation.

EB-2 Visa Requirements/Criteria:

To be eligible for the EB-2 NIW Visa, applicants must satisfy rigorous requirements that affirm their exceptional abilities or possession of an advanced degree (master’s or higher). Key components include:

  • Exceptional Ability or Advanced Degree: Applicants must demonstrate exceptional ability in their field or possess an advanced degree, showcasing expertise and prominence within their specialization.
  • National Interest Waiver (NIW): The NIW allows applicants to forego the Labor Certification process, simplifying their application pathway. This waiver is issued when an applicant’s contributions are considered to directly benefit the United States.
  • Demonstration of National Interest: Candidates must clearly illustrate how their work benefits the U.S., whether through contributions to the economy, education, healthcare, cultural practices, environmental preservation, or other significant areas.
  • Independence from Employer Sponsorship: Unique to the NIW, this visa does not require a job offer or employer sponsorship, allowing individuals to self-petition. This autonomy provides greater flexibility and control over their immigration journey.
  • Streamlined Path to Permanent Residency: Successful EB-2 NIW applicants can directly apply for permanent residency (a green card) without the need for an employer sponsor or undergoing the labor certification process.

Showcasing Extraordinary Ability for the EB-2 Visa:

Successfully demonstrating extraordinary ability is vital for the EB-2 Visa application. Applicants should prepare a comprehensive presentation of their qualifications, including detailed evidence of their achievements, recognitions, and contributions to their field, which collectively underscore their potential to advance the national interest.

Here is a general list of some of the documents that may be included:

  • Copies of your educational degrees
  • Evidence of exceptional ability (if applicable)
  • Curriculum Vitae (CV)
  • Citation report
  • Link to Google Scholar profile.
  • Publications, articles, books that you have authored.
  • Evidence of prizes or awards that you have received.
  • Evidence that you have reviewed the work of others
  • Published material about you/your field of endeavor
  • Evidence of the receipt of grants/patents
  • Copy of the biographic page of your passport
  • Testimonials from experts in your field

Application Process for the EB-2 National Interest Waiver (NIW) Visa:

  1. Eligibility Assessment: Evaluate your qualifications to confirm that your exceptional abilities or advanced degree align with the requirements for a National Interest Waiver. This includes assessing your potential to significantly benefit the national interests of the U.S.
  2. Document Preparation: Assemble a comprehensive portfolio of documentation that highlights your exceptional abilities, contributions to your field, and the national interest implications of your work.
  3. Form I-140 Petition: File Form I-140, Immigrant Petition for Alien Worker, along with a detailed petition letter and robust supporting documentation that collectively makes a compelling case for a National Interest Waiver.
  4. Adjudication and Decision: USCIS evaluates your petition and accompanying documents to determine if you qualify for the National Interest Waiver. Successful approval allows you to proceed towards permanent residency.

Benefits of the EB-2 NIW Visa:

  • Direct Path to Green Card: Qualifying applicants can immediately pursue permanent residency, avoiding the PERM labor certification process and thereby accelerating their path to a green card.
  • Flexibility and Autonomy: The EB-2 NIW permits self-petitioning, offering applicants the flexibility to manage their own immigration process and choose their employment and professional activities within the U.S. without being tied to a specific employer.
  • Positive Economic Impact: The EB-2 NIW Visa attracts world-class talent and fosters innovation, thereby enhancing the economic development of various sectors within the nation.
  • Opportunity for Innovators: This visa category encourages innovators, researchers, and professionals to bring their expertise to the U.S., promoting significant advancements in their fields and contributing to the overall national benefit.

Leverage this opportunity to make a significant impact in the United States with the EB-2 National Interest Waiver (NIW) Visa. Our expert immigration team is here to support and guide you through this transformative process, helping ensure your talents and contributions are recognized and utilized in enhancing the U.S.’s national interest.

Understanding Exceptional Ability for EB-2 National Interest Waiver (NIW)

Definition of Exceptional Ability: Exceptional ability refers to a level of expertise significantly above that ordinarily encountered within the sciences, arts, or business sectors. To initially demonstrate such capability, applicants are required to provide at least three of the following six types of evidence:

  1. Academic Records: Official documentation showing that the individual has a degree, diploma, certificate, or similar award from an educational institution related to their area of exceptional ability.
  2. Professional Experience: Letters from current or former employers indicating that the individual has a minimum of ten years of full-time experience in their profession.
  3. Professional License or Certification: Proof of a license to practice or certification for their profession or occupation.
  4. High Remuneration: Evidence showing that the individual commands a salary or other compensation that reflects their exceptional ability in comparison to others in the field.
  5. Professional Membership: Proof of membership in professional associations which require outstanding achievements of their members.
  6. Recognition for Achievements: Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.

Additional Considerations for NIW Applicants:

Prong #1 – Substantial Merit & National Importance: This aspect focuses on the specific work that the applicant proposes to undertake in the U.S. It’s crucial that this work, whether it’s a business venture, research project, etc., aligns closely with both the applicant’s professional experience and educational background. Substantial merit generally involves inherent value to activities in sectors like business, entrepreneurship, science, technology, culture, health, or education. National importance pertains to the potential impact of the project on the U.S. as a whole.

Prong #2 – Well Positioned to Advance the Proposed Endeavor: This criterion evaluates if the applicant has the necessary education, skills, knowledge, and a successful track record to advance their proposed endeavor. Factors include the development of business plans, prior achievements, and any support from relevant stakeholders.

Prong #3 – On Balance, Waiver of Job Offer and Labor Certification is in National Interest: The applicant must demonstrate that the advantages of waiving the standard job offer and labor certification requirements outweigh the benefits of adhering to them, such as in scenarios where there’s an urgent public need or the applicant’s unique skills are undervalued by standard procedures.

After NIW (I-140) Approval:

  • Consular Processing: For applicants outside the USA, this involves applying at a U.S. embassy or consulate, submitting necessary documents, and attending an interview.
  • Adjustment of Status: For applicants within the USA, this allows them to apply for permanent residency without returning to their home country. This process typically doesn’t require an interview.

Frequently Asked Questions about EB-2 NIW:

  • Eligibility with an F-1 Visa or from Abroad: Yes, applicants can apply for an EB-2 NIW while on an F-1 visa or from outside the U.S.
  • Requirement for Publications: While helpful, publishing articles is not mandatory. Demonstrating that your expertise and work have national significance is key.
  • Comparison with Employer Sponsorship: The EB-2 NIW is often faster than going through labor certification and allows for more applicant autonomy.
  • Approval Chances: Approval rates can vary; however, a well-prepared application significantly increases the likelihood of success.
  • Processing Time: Regular processing can take several months, while premium processing offers a quicker, albeit costlier, alternative.

This guidance is designed to assist you in preparing a compelling EB-2 NIW application and navigating the complexities of the immigration process.

May 1, 2024

E-2 Visa: Treaty Investors – Opportunities for Global Entrepreneurs and Investors

The E-2 Visa is an integral part of the U.S. non-immigrant visa program, crafted specifically for investors and entrepreneurs from countries that have a treaty of commerce and navigation with the United States. This visa enables eligible individuals to make substantial investments in U.S. enterprises and manage these investments while residing in the U.S.

Key Features of the E-2 Visa

Eligibility: The E-2 Visa is available to nationals from treaty countries, allowing them to engage in significant trading or investing activities in the U.S.

Investment Criteria: Applicants must make a substantial, at-risk investment in a legitimate U.S. business, which should directly contribute to the economy.

Management Role: Visa holders are required to actively manage and direct the enterprise, playing a pivotal role in daily operations and decision-making.

Renewability: This visa is generally issued for two years but can be renewed indefinitely, provided the investment continues to meet all requirements.

Family Benefits: E-2 visa holders can bring their spouse and dependent children under 21 to the U.S. Spouses may work without restriction, enhancing the visa’s appeal for family relocation.

No Visa Cap: There is no annual limit on the number of E-2 Visas issued, ensuring broad access for qualified investors.

Documentation Requirements for E-2 Visa Applications

While requirements can vary by consulate, typical documentation includes:

To verify treaty nationality:

  • A current passport
  • Any existing visas and prior I-797 Notices of Action
  • Marriage and children’s birth certificates, if applicable
  • An updated resume/CV
  • Educational certificates and transcripts

For Treaty Investors proving 50-percent ownership:

  • Articles of Incorporation or Certificate of Organization
  • Corporate Bylaws or Operating Agreement

To demonstrate substantial capital investment:

  • Bank statements from the enterprise
  • Records of wire transfers
  • Documentation showing the origin of funds (e.g., sales, inheritance, savings)

To establish the business as viable and operational:

  • Lease agreements for business premises
  • Invoices, contracts, and receipts showing business expenses
  • Marketing materials

To demonstrate business viability:

  • Recent financial statements like balance sheets and profit & loss statements
  • Detailed spreadsheet of start-up costs
  • A comprehensive Five-Year Business Plan

These documents collectively help to affirm the substantial nature of the investment and the investor’s ability to contribute significantly to the U.S. economy through the E-2 Visa pathway.

Application Process:

  1. Eligibility Assessment: Verify eligibility by confirming citizenship from a treaty country and evaluating the nature of the proposed investment.
  2. Business Entity and Investment: Set up a U.S. business entity and make a substantial investment that meets the E-2 Visa requirements.
  3. E-2 Visa Application: Complete the E-2 Visa application (Form DS-160) online, pay the applicable fees, and schedule an interview at a U.S. embassy or consulate.
  4. Documentary Evidence: Submit all necessary documents, including evidence of investment, a detailed business plan, and financial statements.
  5. Visa Approval: Once approved, the E-2 Visa allows the investor and their eligible dependents to enter and reside in the U.S.

Benefits:

  • Flexibility and Mobility: E-2 Visa holders enjoy the freedom to travel to and from the U.S., which is ideal for active international investors and entrepreneurs.
  • Pathway to Permanent Residency: Although the E-2 Visa is for non-immigrants, it can potentially lead to permanent residency through other immigration channels.
  • Contribution to the U.S. Economy: The visa promotes foreign investment, stimulating economic growth and job creation.
  • Family Integration: Allows investors to bring their immediate family members to the U.S., supporting family unity while exploring business ventures.

For investors and entrepreneurs aiming to establish or expand their business presence in the United States, the E-2 Visa offers a valuable opportunity. Our specialized immigration team is here to assist you in navigating this process smoothly and effectively, helping you integrate into the U.S. market with confidence.

May 1, 2024

O-1 Visa: Extraordinary Ability

The O-1 Visa is a distinguished non-immigrant visa reserved for individuals who exhibit extraordinary abilities in their fields. It serves as a gateway for professionals, artists, athletes, entertainers, and other notable talents to showcase their skills in the United States.

Eligibility for the O-1 Visa requires applicants to demonstrate exceptional ability, marked by substantial evidence of their expertise. “Extraordinary Ability” is defined as a level of expertise indicating that the individual belongs to the elite echelon at the very top of their field, evidenced by sustained national or international acclaim and continued significant contributions.

O-1 Visa Requirements/Criteria

To be eligible for the O-1 Visa, applicants must meet rigorous criteria that confirm their exceptional abilities. These include:

  • Evidence of Extraordinary Ability: Demonstrating outstanding expertise and national or international recognition in the specific field.
  • Recognition: Receipt of internationally or nationally recognized awards or accolades for excellence.
  • Documentation: Comprehensive documentation that highlights extraordinary abilities and achievements.
  • Professional Endorsements: Letters of recommendation from industry experts or peers who can attest to the applicant’s exceptional abilities.
  • Field-Specific Criteria: Meeting the specific criteria relevant to the applicant’s field (e.g., arts, sciences, business, athletics, education, or motion pictures/TV).

Demonstrating Extraordinary Ability for the O-1 Visa

The determination of extraordinary ability for the O-1A visa category (applicable to the fields of sciences, athletics, and business) aligns with the criteria set for the EB-1A. It denotes a level of expertise that places an individual within the top echelon of their field. Candidates must either present a one-time achievement akin to an Olympic Medal or Nobel Prize or fulfill at least three of the following conditions:

  1. Receipt of nationally or internationally recognized awards for excellence in their field.
  2. Membership in associations that require outstanding achievements of their members, as judged by recognized experts in the field.
  3. Publication of professional or major trade articles about the individual, or significant media coverage.
  4. Participation as a judge of the work of others in their field, including roles on advisory panels or as a reviewer.
  5. Original contributions of major significance in their field, whether in science, business, athletics, or academia.
  6. Authorship of scholarly articles in significant publications or major media.
  7. Essential role in distinguished organizations or establishments.
  8. High salary or substantial remuneration relative to others in the field.
  9. Other comparable evidence if the standard criteria do not apply to the applicant’s profession.

Criteria for O-1B “Extraordinary Ability”

For the O-1B visa, which is aimed at individuals in the arts, “distinction” is the key measure of extraordinary ability. This can be demonstrated through a notable, one-time achievement such as an Academy Award or Emmy, or by meeting at least three of the following criteria:

  1. Performance in a lead or starring role in productions or events with a distinguished reputation, evidenced by critical reviews, advertisements, or endorsements.
  2. Performance in key roles for organizations with a high reputation, as evidenced by significant publications or testimonials.
  3. National or international recognition for achievements, documented by critical reviews or major publications.
  4. A record of major commercial successes, evidenced by box office receipts, ratings, or other indicators of status in the field.
  5. Significant recognition from credible bodies or experts within the field, with clear testimonials of the author’s authority and knowledge of the individual’s work.
  6. High salary or substantial remuneration compared to peers, as evidenced by contracts or other reliable sources.
  7. Other relevant evidence if standard criteria are inapplicable (excluding motion picture or television industries).

In summary, qualification for either the O-1A or O-1B visa hinges on proving extraordinary ability through sustained acclaim and extensive documentation of significant achievements, alongside a standing offer of employment in the field of extraordinary ability.

May 1, 2024

If you plan to visit the United States temporarily for work or travel, you need to secure a nonimmigrant visa. There are various types of nonimmigrant visas, each tailored to the specific purpose of your visit. The type of visa you receive will determine the conditions of your stay in the U.S., including what you are allowed to do and how long you can remain in the country.

B-1 & B-2: Temporary Visitors

B1 Business Visitor visas allow individuals to visit the U.S. to participate in commercial transactions such as contract negotiations and consultations, so long as they do not receive a salary or remuneration.

B2 Visitor Visas are granted for visits related to recreational activities, tourism or medical treatment.

Both these visas usually allow a stay in the USA for six months but can be granted for up to one year.

 

F/M/J: Student Visas

Students who wish to obtain nonimmigrant visas must be registered with the Student and Exchange Visitor Immigration System (SEVIS) program. SEVIS requires the institution to report certain information about the student, including when they complete a program of study.

Students seeking nonimmigrant visas must register with the Student and Exchange Visitor Information System (SEVIS). This program mandates that educational institutions report specific details about the student, including the completion of their study program.

(F) Student Visas enable foreign nationals to enroll at U.S. educational institutions across various levels—including elementary, middle, high school, undergraduate, postgraduate, and post-secondary non-vocational programs. These visas remain valid for the duration of the academic program.

(M) Student Visas are designated for individuals attending vocational or technical schools in the United States.

(J) Exchange Visitor Visas cater to a variety of participants such as professors, research scholars, trainees, interns, certain university students, teachers, camp counselors, and au pairs, among others.

 

H-1, L-1 Specialty Workers, Intracompany transfers.

H-1B Specialty Occupations visa classification is for individuals who intend to undertake services in a specialized field, contribute exceptional merit and ability to a Department of Defense cooperative research and development project, or work as a fashion model of distinguished merit or ability.

H-1B1 visa is designated for specialty occupation employment, requiring highly specialized knowledge and at least a bachelor’s degree or its equivalent, specifically for nationals from Chile and Singapore.

H-2B visa is available for temporary workers engaged in non-agricultural services or labor that is seasonal or temporary in nature.

L-1A visa is for intracompany transferees who hold managerial or executive positions in a company outside the United States and are transferring to a related U.S. company.

L-1B visa caters to intracompany transferees with specialized knowledge who are being transferred to a related company in the United States.

L-1 Blanket Petition facilitates the frequent transfer of non-U.S. employees to a related U.S. company for multinational companies.

 

O-1: Extraordinary Ability

The O-1 Extraordinary Ability nonimmigrant visa is designed for individuals who have demonstrated extraordinary ability in the fields of sciences, arts, education, business, or athletics, or have achieved extraordinary success in the motion picture or television industry, with recognition at the national or international levels.

O-1A visas are specifically for those with exceptional skills in the sciences, education, business, or athletics.

O-1B visas cater to individuals with outstanding abilities in the arts, including musicians and social media influencers, or those who have made significant achievements in the film or television industry.

 

P-1, R-1, TN: Performing Athletes, Artist | Temporary Religious Workers | Professionals.

P-1 visas are designated for athletes, artists, and entertainers who perform at an internationally recognized level.

R-1 visas cater to religious workers coming to the United States on a temporary basis.

TN visas allow professionals from Canada and Mexico to engage in employment in the United States under the North American Free Trade Agreement (NAFTA).

May 1, 2024

Lawful permanent residency permits a foreign national to live and work legally and indefinitely in the United States. Those with lawful permanent resident (LPR) status can apply for almost all types of jobs, except those specifically reserved for U.S. citizens. Immigrants who have obtained LPR status through employment are eligible to seek U.S. citizenship after five years.

EB-1: Extraordinary Ability

The EB-1A visa is designed for individuals who have reached the pinnacle of their field in science, arts, education, business, or athletics, demonstrating extraordinary ability through sustained national or international acclaim. To qualify, applicants must show that their achievements have received recognition in their field either by presenting evidence of a one-time significant international award or by meeting at least three of the following criteria (or comparable evidence if these criteria are not directly applicable):

1. Receipt of lesser nationally or internationally recognized prizes or awards for excellence.
2. Membership in associations within the field that require their members to achieve outstanding accomplishments.
3. Publications about you in professional, trade, or major media outlets.
4. Invitations to judge the work of others, either individually or on a panel.
5. Original contributions of major significance in scientific, scholarly, artistic, athletic, or business-related fields.
6. Authorship of scholarly articles in professional journals or other major media.
7. Display of your work at significant artistic exhibitions or showcases.
8. Performance of a leading or critical role in prestigious organizations.
9. Commanding a high salary or significantly higher remuneration compared to peers in the field.
10. Commercial successes in the performing arts.

Additionally, the EB-1B visa caters to outstanding researchers and professors recognized internationally for their exceptional contributions to their field.

The EB-1C visa serves multinational executives and managers who are relocating to the U.S. to fulfill managerial or executive roles within a related company.

 

EB-2: Second Preference

EB-2/EB-3 (via Labor Certification process) visas for “traditional employees”. The most common employment sponsorship for permanent residency, we assist employers in petitioning their current or prospective employees for permanent residency from the PERM process to the approval of the I-140 petition.

National Interest Waiver

National Interest Waivers for advanced degree professionals or those possessing exceptional ability with a suitable proposed endeavor who are eligible to apply for to an EB-2 visa with a waiver of the labor certification process.

 

EB-5: Aspiring Investors

EB-5 for aspiring investors who invest $1.8 million as an individual investor or $900,000 in a USCIS approved regional center project.

May 1, 2024

Family-based immigration serves as a major avenue for foreign nationals seeking to enter the United States permanently. This pathway enables individuals to receive immigrant visas by being sponsored by family members who are either U.S. Citizens or Lawful Permanent Residents (LPRs). These eligible relatives are required to file petitions with the United States Citizenship and Immigration Services (USCIS) on behalf of their foreign national family members, initiating the process for securing their immigrant status.

Immediate relatives of U.S. Citizens receive preferential treatment in the immigration process, holding the highest priority for obtaining immigrant visas and permanent resident status. According to the definitions provided by the United States Citizenship and Immigration Services (USCIS), foreign nationals categorized as immediate relatives are exempt from numerical visa caps, which allows them to immigrate to the U.S. more swiftly compared to those in preference categories. This expedited process facilitates quicker reunification of families.

The USCIS identifies immediate relatives as:

Spouses of U.S. citizens,
Unmarried children under the age of 21 of U.S. citizens,
Orphans adopted abroad by U.S. citizens,
Orphans to be adopted in the U.S. by U.S. citizens,
Parents of U.S. citizens provided the U.S. citizen is at least 21 years old.

Fiancé(e) Visas

At iVISASOLUTION, we specialize in facilitating the K-1 nonimmigrant visa process for U.S. citizens who are engaged to foreign nationals. The K-1 visa, commonly referred to as the Fiancé(e) Visa, is designed to allow foreign-citizen fiancé(e)s of U.S. citizens to enter the United States with the purpose of getting married within 90 days of their arrival.

Our services include comprehensive assistance in preparing and filing the necessary visa application paperwork to ensure that all requirements are met efficiently and correctly. We guide our clients through each step of the process, from initial application to the final preparations for the visa interview, ensuring a smooth and clear path towards obtaining their fiancé(e) visa. Our aim is to provide expert support to couples on their journey to begin their married life in the United States.

Family Preference Categories

Non-immediate relatives of U.S. citizens and close relatives of Lawful Permanent Residents (LPRs) navigate the family-based immigration process through a system known as the family preference visa categories. This system is distinct from the process for immediate relatives of U.S. citizens, as it involves a waiting period due to numerical limitations and priority dates that are established by the United States Citizenship and Immigration Services (USCIS).

The family preference categories are structured as follows:

  • (F1) First Preference: This category is designated for unmarried sons and daughters of U.S. citizens who are 21 years of age or older, and their minor children, if any. Applicants in this category must wait for a visa to become available based on their priority date.
  • (F2) Second Preference: This category encompasses the spouses, minor children, and unmarried sons and daughters aged 21 and over of Lawful Permanent Residents. Notably, at least 77% of all visas available in this category are allocated to the spouses and minor children of LPRs, with the remaining visas designated for unmarried sons and daughters.
  • (F3) Third Preference: Married sons and daughters of U.S. citizens, along with their spouses and minor children, fall into this category. They must also wait for a visa to become available according to their priority date.
  • (F4) Fourth Preference: This category includes siblings of U.S. citizens, as well as their spouses and minor children, provided the U.S. citizen sibling is at least 21 years old.

Each of these categories requires applicants to patiently wait for a visa to become available, which can vary in time depending on the specific preference and the current demand for visas in that category.

 

May 1, 2024
May 1, 2024

Individuals who currently reside in the United States and possess approved immigrant petitions, such as Form I-130, Form I-140, or Form I-526, have the opportunity to apply for permanent residency (commonly referred to as a “green card”) directly within the United States, bypassing the need for consulate processing abroad. At IVISASOLUTION, we specialize in assisting both individuals and families with the meticulous preparation and filing of the necessary documentation required to apply for permanent residency.

We are adept at preparing applicants thoroughly for their interviews. We provide detailed guidance on the types of questions they may encounter and advise on the relevant documentation that should be presented during their interview with USCIS. Our comprehensive preparation services aim to equip our clients with the confidence and readiness needed to navigate the interview process successfully.

April 28, 2024

Are you considering applying for U.S. citizenship? Our expert team at iVISASOLUTION is here to assist you every step of the way. We begin by conducting a thorough eligibility assessment to ensure you meet all the requirements for U.S. citizenship. Following this, we provide comprehensive support in preparing and accurately filing all necessary paperwork and supporting documents. Our goal is to streamline the application process for you, making it as smooth and stress-free as possible.

Citizenship is a unique bond that unites people around civic ideals and a belief in the rights and freedoms guaranteed by the U.S. Constitution.

Deciding to become a U.S. citizen is one of the most important decisions an immigrant can make. Depending on your situation, there may be different ways to obtain citizenship.

  • Naturalization is the process by which U.S. citizenship is granted to a lawful permanent resident after meeting the requirements established by Congress in the Immigration and Nationality Act (INA).
  • Acquisition of citizenship is obtained through U.S. citizenship parents either at birth or after birth, but before the age of 18.