WORKING VISAS
The B-1 nonimmigrant visa is designed for the use of Individuals conducting short-term business activities in the U.S. The purpose of the visit must be directly related to the applicant´s occupation overseas, and salary paid by the overseas employer. The visa-holder is not allowed to use this visa to work in the U.S., and s/he may not perform productive activity for any U.S.-based entity.
E-1 Treaty Trader
E-1 Treaty Trader Visa is designed for citizens of a Treaty Trader Country engaged in substantial trade principally (over 51%) between the U.S. and their home country –
1. A treaty must exist between the U.S. and home country X.
2. Majority ownership (at least 50%) of the trading company stock must be held by nationals of home country X.
3. Treaty alien employee must have the same nationality as the treaty enterprise.
4. Your position in the company must be as an Executive, Supervisor, or Essential Employee.
The initial period of stay granted on E-1 Visas is two years. This period can be extended almost indefinitely, in 2-year increments, as long as the company is still in business and all of the above requirements are met.
Spouse and unmarried children under 21 are entitled to an E-1 derivative status.
Spouse of an E-1 treaty trader will be permitted to apply for employment authorization in the U.S. for the duration of the principle´s E-1 stay in the U.S.
E-2 Treaty Investor
E-2 Treaty Investor Visa is designed for citizens of Treaty Investor Country who have made a substantial investment in an active commercial or entrepreneurial enterprise -
- A treaty must exist between the U.S. and home country X.
- Majority ownership (at least 50%) of the trading company stock must be held by nationals of home country X.
- Treaty alien employee must have the same nationality as the treaty enterprise.
- Treaty-investor must fill a key role either as the investor who will develop and direct the investment, or as a qualified manager or specialty trained and highly qualified employee necessary for the development of the investment.
Spouse and unmarried children under 21 are entitled to an E-1 derivative status.
Spouse of an E-1 treaty trader will be permitted to apply for employment authorization in the U.S. for the duration of the principle´s E-1 stay in the U.S.
E-3 Visa (Australians in a Specialty Occupation)
E-3 visa is available for Australian citizens entering the United States to work temporarily in certain professional/specialty occupations, as defined under the H-1B program. This visa is not subject to any H-1B restrictions or caps, however, only 10,500 E-3 visas are available on an annual basis.
Spouse of E-3 visa holder will be permitted to apply for employment authorization for the duration of the principle´s E-3 period of stay in the U.S.
H-1B Professional Employees Working in Specialty Occupations
The H-1B nonimmigrant visa is available for professional workers coming to the United States to work in a Specialty Occupation - occupations requiring theoretical and practical application of a body of highly specialized knowledge in fields of human endeavor, including, but not limited to: architecture, engineering, mathematics, physical sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts.
The position must require a degree in a specific field, however, three (3) years of specialized training and/or progressive professional work experience must be demonstrated for each year of college-level training the alien lacks.
A maximum of 65,000 H-1B visas are issued every fiscal year. An additional 20,000 H-1B visas are available to foreign nationals with a minimum of a Masters degree from a U.S. academic institution. Employees in institutions of higher education, related or affiliated nonprofit entities, or nonprofit or government research organizations, are not subject to the numerical limit and may file an application for an H-1B employee at any time.
Visas are issued for three years and may be extended for an additional three years. Extension of an H-1B visa beyond the 6-year maximum period is available for aliens having labor certification application pending over 365 days, or an approved I-140 Immigrant Visa Petition.
Spouse and unmarried children under 21 will be entitled to H-4 derivative status for the duration of the principle´s H-1B authorized period of stay.
Fashion Models are also considered H-1B professional workers, although a college-level degree is not required, but they are subject to their own set of requirements.
H-3 Training Visa
The H-3 nonimmigrant visa category is designed for foreign nationals coming to the U.S. to receive training in various fields of endeavor, such as agriculture, commerce, communications, finance, government, transportation, or even training in a purely industrial establishment.
Physicians seeking graduate medical training or education are excluded from this category. Nurses coming for brief training not available in their home country and benefiting an overseas employer are eligible.
A maximum of 3,000 H-3 visas are issued every year. The maximum period of stay is up to two years. Your spouse and unmarried children under 21 years of age will be entitled to an H-4 derivative status.
Requirements:
- The proposed training is not available in the alien´s own country.
- The beneficiary will not be placed in a position that is in the normal operation of the business and in which citizens and resident workers are regularly employed.
- The beneficiary will not engage in productive employment unless such employment is incidental and necessary to the training.
- The training will benefit the beneficiary in pursuing a career outside the United States.
1. Deals in generalities with no fixed schedule, objectives, or means of evaluation – it MUST describe:
· The type of training and supervision to be given and the structure of the training program.
· The amount of time devoted to productive employment, if any.
· The number of hours spent in classroom instruction and on-the-job training.
· The career abroad for which the training will prepare the beneficiary.
· The reasons why the beneficiary cannot be trained in his or her own country and why s/he needs to be trained in the United States.
· The source of remuneration to be paid to the trainee.
· The benefit to the petitioner for providing the training.
2. Is incompatible with the nature of the petitioner’s business.
3. Is on behalf of a beneficiary who already possesses substantial training and expertise in the proposed field of training.
4. Is in a field which is unlikely to be useful outside the United States.
5. Will result in productive employment which is more than incidental and necessary to the training.
6. Is designed to recruit and train aliens for the ultimate staffing of domestic operations in the U.S.
7. Does not establish that the petitioner has the physical plant and sufficiently trained manpower to provide the training.
8. Is designed to extend the total allowable period of practical training previously authorized a nonimmigrant student.
An H-3 trainee who has spent 24 months in the United States may not be granted extension of stay, change of status, or be re-admitted to the United States in H or L status unless s/he has resided outside the United States for the immediate prior six months (except if the alien did not reside continuously in the United States, and the training in the United States was seasonal or intermittent or was for an aggregate of six months or less per year).
I Nonimmigrant Visa
Available for representatives of foreign media outlets, such as newspapers, radio and television.
J-1 Interns
Available for individuals:
- Currently enrolled in and pursuing academic studies abroad; or
- Graduated from an overseas institution no more than 12 months prior to the start date of his/her exchange visitor program.
Available for individuals who:
- Have a degree or professional certificate from a post-secondary academic institution abroad AND at least 1 year of related work experience acquired outside the U.S.; or
- Have 5 years of related work experience acquired outside the U.S.
The entity where a J-1 applicant will be placed will typically file an application with a J-1 training program umbrella association on behalf of the J-1 trainee.
L-1A Intra-Company Transfer of Executive/Manager
The L-1 Visa is designed for intra-company transferees who have been working abroad, for a period of at least 1 year within the preceding 3 years, in Executive or Managerial capacity, and are being transferred to the U.S. to work for a parent company, subsidiary, or affiliated company of the overseas entity.
If the U.S. company has been active for more than 1 year, the initial period of stay on an L-1A visa is limited to 3 years, which may be extended for additional 3 years. If, however, the U.S. company is new or has been active less than 1 year, then the initial period of stay granted is limited to 1 year, which may be extended for additional 2 years + 3 years subsequently (provided, both companies are still viable).
Spouse and unmarried children under 21 years of age are eligible for an L-2 derivative status for the duration of the principle´s L-1A authorized period of stay.
Spouse of L-1A visa holder will be permitted to apply for employment authorization for the duration of the principle´s L-1A period of stay in the U.S.
Employees in Managerial or Executive positions may be eligible to apply for a Green Card without the need to apply first for a Labor Certification through the U.S. Department of Labor.
L-1B Intra-Company Transfer of Specialized Knowledge Employee
The L-1B visa is designed for intra-company transferees working in a position requiring specialized knowledge of the company´s products and applications and/or advanced or proprietary knowledge of the company´s processes or procedures - similar requirements as for the L-1A visa.
L-1 Blanket
Same as L-1A/L-1B, where U.S. company has either a workforce of at least 1,000, a U.S. annual income of at least 25 million, or has had 10 L-1 petitions approved within the preceding 12 months.
O-1 Aliens of Extraordinary Ability
The O-1 visa is designed for individuals of extraordinary ability in the fields of sciences, arts, education, business or athletics, OR individuals who have demonstrated record of extraordinary achievement in the motion picture or television industry, including, but not limited to, photographers, models, stylists, chefs, musicians, scientists, engineers, businessman, fine artists, dancers, actors, and writers. O-1 visa holders may work in the U.S. on a freelance basis under the representation of an agent or a management company, or they may work directly for a particular company. Individuals must provide published materials, publicity, awards, letters of recommendation confirming their national or international acclaim, demonstrating a high level of success and recognition in their field of endeavor, which puts them as one of a small percentage at the top of their field.
O-1 visas are available for an initial period of up to 3 years, and may be extended indefinitely in 1 year increments.
O-2
O-2 visas are available for individuals accompanying O-1 visa holders coming to the U.S. solely to assist in the artistic or athletic performance of an O-1 visa holder.
O-3
Spouse and unmarried children under the age of 21 of either O-1 or O-2 visa holders are eligible for an O-3 nonimmigrant visa.
R-1 Religious Workers
The R-1 Visa is designed for religious workers who for the past 2 years have been a member of a religious denomination having a non-profit religious organization in the U.S., coming to work for the U.S. religious organization in a professional capacity, including Teachers (bachelor´s degree is the minimum requirement) OR religious workers coming to work for the U.S. organization, or another organization affiliated with the religious denomination, in a religious vocation (including Rabbis, Religious Instructors, Religious Counselors, Cantors, workers in Religious Hospitals/Health Care Facilities), or workers in a religious occupation.
Initial period of stay granted is up to 3 years which may be extended for additional 2 years. Your 2 years of work experience in the U.S. may be used in order to apply for a green card under the Special Immigrants category. Spouse and unmarried children under 21 years of age will be entitled to R-2 derivative status.
TN-1 (Canadian Citizens) and TN-2 (Mexican Citizens)
The TN visa is available for Canadian or Mexican citizens under the North American Free Trade Act (NAFTA), seeking temporary work in the U.S. to be engaged in specific occupations at a professional level. Each occupation involves certain educational requirements.
**This is general information and it is NOT intended to provide legal advice.
U.S. PERMANENT RESIDENCY (GREEN CARD)
Immigration Law allows for permanent U.S. residency (Green Card) by way of three routes:
1. Family-based Immigration for individuals who have certain close relatives in the United States. Except for Immediate Relatives, a quota system applies and backlogs are common.
2. Employment-based immigration.
3. Diversity immigration (Green Card lottery).
FAMILY-BASED IMMIGRATION (GREEN CARD)
Family-based immigration is divided into 2 categories:
1. Immediate Relatives of U.S. Citizens – are NOT subject to quota limitations, thus, shorter processing times. The category includes:
· Spouse of a U.S. citizen
· Parent of a U.S. citizen (if the U.S. citizen child is over the age of 21)
· Unmarried children (under 21 years of age) of a U.S. citizen
· Widow/er
A U.S. citizen may file an Immigrant Visa Petition on behalf of an Immediate Relative who is outside the U.S., based upon which the Immediate Relative may obtain his/her Green Card; OR file the Immigrant Visa Petition together with the Immediate Relative’s Application for Adjustment of Status (if the Immediate Relative is in the U.S.). Together with the alien’s Application for Adjustment of Status, s/he may also apply for Work Authorization. The alien may NOT leave the U.S. while the Application for Adjustment of Status is pending and before the Green Card application is approved - if you do so, your application may be denied. There is an exception to this rule and under certain circumstances the alien may file an application to get permission to leave the U.S. for a short period of time in emergency case. All immediate relative cases are subject to an interview before an approval may be granted.
2. Preference Relatives – subject to quota limitations (prolonged processing times). This category includes:
· Son/Daughter (unmarried and over 21 years of age) of a U.S. citizen
· Derivatives of such son/daughter (spouse and children under 21)
· Spouse of a Green Card holder + derivatives
· Child (under 21) of a Green Card holder + derivatives
· Unmarried adult child (over 21) of a Green Card holder + derivatives
· Son/Daughter (married, any age) of a U.S. citizen + derivatives
· Brother/Sister of a U.S. citizen + derivatives.
The first step in a Preference Relative Green Card process is for the U.S. citizen or Permanent Resident (Green Card holder) to file an Immigrant Visa Petition on behalf of the alien Preference Relative. However, because there is a limit on the number of Green Cards that may be issued every year to Preference Relatives, quota waiting periods are imposed which vary depending on the type of preference category and the country of birth of the prospective immigrant. The U.S. Department of State sets such quotas in its Visa Bulletin on a monthly basis, which table indicates the waiting period for the Preference Relative Category.
Once the pertinent preference category opens, the prospective immigrant may file his/her Green Card application. This may be done by applying for an Immigrant Visa abroad (Consular Processing abroad) OR, in some circumstances, a prospective immigrant already in the U.S., may file an Application for Adjustment of Status, in which case the alien may also file an application for employment authorization. The alien may NOT leave the U.S. while the Application for Adjustment of Status is pending and before the Green Card application is approved - if you do so, your application may be denied. There is an exception to this rule and under certain circumstances the alien may file an application to get permission to leave the U.S. for a short period of time in emergency case.
VICTIMS OF DOMESTIC VIOLANCE – MALE or FEMALE (Green Card)
Violence Against Women Act (VAWA) benefits husband, wife, and children who have been abused by their U.S. citizen (USC) or Green Card holder (LPR) spouse or parent. VAWA allows for self-petitions without signature/sponsorship by the abusing USC/LPR spouse or parent.
Abused male or female can file a petition even if the marriage ended in divorce, so long as there was a connection between the divorce and domestic violence and the petition is filed within two years from the termination of the marriage.
USCIS requires evidence that the USC/LPR either physically or mentally abused the spouse or child. Detailed events of the abusive relationship are required.
**This is general information and it is NOT intended to provide legal advice.
EMPLOYMENT-BASED IMMIGRATION (GREEN CARD)
LABOR CERTIFICATION
Employment sponsorship for a Green Card generally requires that the employer file an Application for Labor Certification with the Department of Labor – in some cases, the employer may be exempted from filing an application for labor certification. The purpose of the application for labor certification is to prove to the government that there are no qualified U.S. workers available for the position, which involves complicated procedures requiring the employer to advertise the position and show other recruitment efforts it conducted in an attempt to locate qualified U.S. workers. The employer must also demonstrate that the wages being offered for a specific permanent position are at least at the same level as the prevailing wages paid to similarly employed individuals within the geographic area of intended employment, and that the working conditions of the job offer are normal for the specific occupation.
Effective March 28, 2005, the U.S. Department of Labor (USDOL) is processing Labor Certification Applications utilizing a new process referred to as “PERM” (Permanent Electronic Review Management), used by the USDOL to review and make decisions on Labor Certification applications. Under the PERM, occupations are classified as “professional” or “nonprofessional” and each classification mandates certain recruitment steps the employer must conduct, and the employer is required to retain all documents concerning recruitment steps for a period of 5 years. In addition, employers may not seek or receive payment for a labor certification. A Labor Certification filed on or after July 16, 2007, will expire if it is not filed with Form I-140 Petition for an Immigrant Worker with USCIS within 180 days from its date of approval.
EXAMPT FROM LABOR CERTIFICATION
1. Multinational Managers or Executives who have been employed as Managers or Executives for the petitioning employer or one of its subsidiaries or affiliates abroad for 12 months or more, and who will continue to work in a Managerial or Executive capacity in the U.S.
2. Outstanding Professors and Researches with a minimum of 3 years of research experience AND who have been published and cited in recognized journals in their field (other achievements may also qualify).
3. Extraordinary Ability individuals who can demonstrate a high level of expertise who rose to the top of their field.
4. Individuals who work in an occupation which is in the national interest of the U.S.
5. Registered Nurses and Physical Therapists (Schedule “A” occupations).
U.S. PERMANENT RESIDENCY (GREEN CARD)
Within 180 days from the date of the approval of the Labor Certification, the employer must file the approved Labor Certification with the USCIS together with an Immigrant Visa Petition for Alien Worker (Form I-140), or the approved Labor Certification will expire. In the case of individuals exempted from Labor Certification, the employer needs not file an application for labor certification with the U.S. Department of Labor, and may file the Immigrant Visa Petition for Alien Worker (Form I-140) directly with the USCIS. The employer must demonstrate its ability to pay the proffered wages (which may include copy of its federal tax returns or other documentation evidencing employer’s ability to pay the salary), and that the foreign national meets all of the requirements listed on the labor certification, providing documentation evidencing the alien’s education and experience.
The majority of immigrants seeking permanent residence in the U.S. based on employment opportunity is in the U.S. and therefore may apply for the benefit of “adjustment of status” within the U.S. as opposed to processing their immigrant visa at a U.S. consulate abroad. However, because there is a limit on the number of Green Cards that may be issued every year to Employment-Based Preference Categories, not all employment-based preference categories beneficiaries can simultaneously file their Application for Adjustment of Status together with the I-140. Waiting periods are imposed which vary depending on the type of employment-based preference category (EB-1 thru EB-5) and the country of birth of the prospective immigrant. The U.S. Department of State sets such quotas in its Visa Bulletin on a monthly basis, which table indicates the waiting period, if any, for the pertinent Employment-Based Preference Category. Thus, simultaneously with the I-140 Visa Petition filing, it must be determined whether the employee is eligible to concurrently file his/her application for Permanent Residency (Adjustment of Status) here in the U.S., together with the I-140, or file the adjustment of status application when the pertinent quota opens, or maybe s/he must apply for an Immigrant Visa at an American Consulate abroad.
Together with the Application for Adjustment of Status, an applicant may also file an Application for Employment Authorization. With a few exceptions, the alien may NOT leave the U.S. while the Application for Adjustment of Status is pending and before the Green Card application is approved - if you do so, your application may be denied. Under certain circumstances the alien may file an application to get permission to leave the U.S. for a short period of time in emergency case while the application for Adjustment of Status is pending.
**This is general information and it is NOT intended to provide legal advice.
DIVERSITY VISA (DV) GREEN CARD LOTTERY
Each year, the Department of State conducts a Diversity Immigration Lottery program wherein 50,000 people may immigrate to the United States. Citizens of certain countries are NOT eligible for the lottery due to oversubscription of immigrants from those countries.
To qualify for the DV Lottery, an applicant must possess a high school diploma or its equivalent, OR two years of work experience in a job requiring two or more years of experience.
Registration is FREE – for more information and instructions, please see the official Diversity Visa program site @ http://travel.state.gov
Only successful winners of the Diversity Green Card Lottery will be notified by the U.S. Department of State. For assistance in obtaining the actual Green Card, please contact us.
**This is general information and it is NOT intended to provide legal advice.
U.S. CITIZENSHIP
Categories of Individuals Eligible for Naturalization (U.S. Citizenship/Passport):
1. A Lawful Permanent Resident at least 18 years old who resided continuously in the U.S. for at least five (5) years and has been physically present in the U.S. at least half of that time.
2. A Lawful Permanent Resident at least 18 years old who resided continuously in the U.S. for at least three (3) years and has been physically present in the U.S. at least half of that time, AND is married to and living with the same U.S. citizen for the last three (3) years, AND your spouse has been a U.S. citizen for the last three (3) years.
3. A member of one of several other groups eligible to apply for naturalization (for example, persons who are nationals but not citizens of the United States) and at least 18 years old.
4. A person who has served honorably in the U.S. Armed Forces.
5. If you are at least 18 years old, a Lawful Permanent Resident with at least one year of U.S. Armed Forces service, and you are filing your application for naturalization while still in the service or within six months after the termination of such service.
6. You served honorably as a member of the Selected Reserve of the Ready Reserve or in active-duty status during a designated period of hostilities. You then may apply for naturalization without having been physically present in the United States for any specified period.
The Interview:
As part of the citizenship application process, you will be required to attend an interview at a USCIS office. During the interview you will be tested on general questions regarding U.S. history and government as well as your ability to read, write, and speak English. Our office provides our clients with a set of the Questions and Answers you’ll be tested on at your interview.
**This is general information and it is NOT intended to provide legal advice.
ESTABLISHING A U.S. CORPORATION
Any person - regardless of immigration status in the U.S. - including non-U.S. citizens, may form a corporation in the U.S. for any legitimate purpose. Ownership of a corporation may be held by a single shareholder, a group of individual shareholders, or other corporation(s). The shareholders have no legal liability for debts incurred by the corporation, and therefore, in the event of a judgment against a corporation, any property owned by a shareholder (and not by the corporation) will remain protected. Owning shares of a U.S. corporation is not a permit to work and/or live in the U.S., but it may, under certain circumstances, help a foreign national obtaining an L-1 Multinational Executive or Managerial Visa, or an E-1 Treaty Trader Visa.
Procedure:
Our firm can assist you forming a corporation anywhere in the U.S. Processing time and filing fees vary from state to state, but in many cases expedited handling is also available for additional fee and it may take as little as 48-72 hours.
Upon the establishment of the new corporation, our office will provide you with the corporate kit, including minutes and by-laws of the corporation, certificates of shares, and the seal with which you’ll be able to open a corporate bank account.
The following initial documentation/information is required:
1. Three alternative names for the corporation.
2. U.S. Address (including county) where the corporation will be located.
3. Name, address, and telephone number of the Incorporator(s)
Additional Services We Provide:
1. Shareholders Agreement.
2. Business Buy-Sell Agreements.
3. Commercial Lease Agreements.
**This is general information and it is NOT intended to provide legal advice.
TRANSLATIONS
We provide Certified and Notarized Hebrew/English translations accepted by USCIS, U.S./Israel Courts, and other establishments.
Our Consultation Policy:
All consultations with us are confidential.
Having over 43 years of experience, with a very high success and referral rate, we offer professional, reliable, and personal services. If you have an immigration case you wish to speak to us about, we offer our in-person professional consultation services to discuss your legal issues and explore the various legal options and solutions available. We will provide you with a quote for our services. Consultation fee will be fully credited if you decide to retain the services of the Law Office of Maggie Shai to handle your case within 60 days of the consultation. Reasonable and affordable fees.
Please make an appointment by calling us at (212) 582-7579.
Tel: (212) 582-7579