BUSINESS & EMPLOYMENT-BASED IMMIGRATION

Lawful permanent residence is an “immigrant” status (not a U.S. citizenship). This status entitles the applicant to live and work in the United States permanently. Obtaining permanent residence through employment sponsorship involves going through the following three phases:

Extraordinary ability is a level of expertise that places the applicant among “the small percentage of individuals who have risen to the very top of their field of endeavor”. Generally, this means that the applicant must demonstrate that he/she is among the top 5% of experts within their field. This immigrant category is not subject to a labor certification requirement prior to filing for the adjustment of status. According to the Immigration and Nationality Act (“INA”) §203(b)(1)(A) a person with extraordinary ability is someone who:

Any qualified candidate who can meet the legal requirements outlined below can expeditiously immigrate to the U.S. by filing his immigrant petition directly with USCIS. In other words, in these cases a prospective employer is not required to file a labor certification and prove a lack of qualified U.S. workers. However, a job offer by a U.S. employer is required and the applicant (“professor or researcher”) must be outstanding in an academic field.

An executive or a manager who meets the legal requirements of the Immigration and Nationality Act (“INA”) §203(b)(1)(C) can immigrate to the U.S. expeditiously, without having to file a labor certification. In other words, neither the beneficiary nor his employer needs to prove a lack of qualified U.S. workers to the State Workforce Agency or the Department of Labor before the beneficiary is permitted to file his/her adjustment of status application for permanent residency in the U.S.

This section deals with a foreign national’s ability to obtain immigrant and nonimmigrant visas at U.S. consular posts abroad. In order to avoid potential problems or delays associated with the issuance of a visa, one should be familiar with the relevant sections of the Immigration and Nationality Act (INA), the regulations of USCIS and Department of State (DOS), the DOS Foreign Affairs Manual, and the most recent cables from the DOS Visa Office and the specific consulate’s internal policies and procedures. An experienced immigration attorney can assist you with these rules.

EB5 – stands for employment based 5th preference immigrant visa category. This visa category is allocated to foreign investors with the Congressional intention to stimulate U.S. economy. Program EB-5 represents a unique opportunity for foreign investors (“FN”) to U.S. permanent residency (“green cards”) with minimum requirements and restrictions in comparison to other types of visas.