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Archive for the ‘Immigration Law’ Category

Green Cards

An alien registration card carried by permanent resident aliens.

It entitles the holder to live and work in the United States. After four years and nine months, a green card holder can apply to become a naturalized U.S. citizen.

U.S. immigration laws base eligibility for a green card on either work or family relationships. If you are the immediate relative of an American citizen – spouse, child, parent, or sibling – you can apply for a green card. If you are a spouse or a minor child of a U.S. citizen, your application will be reviewed and a visa will be immediately available for you. Other family members will have to wait for a visa to become available, which could take several years. The reason for this wait is that obtaining visas to enter the United States is a two-step process involving two government agencies. The Immigration and Naturalization Service, a unit of the Justice Department, reviews and approves visa applications, while the State Department actually issues the visas. Sometimes the INS will approve a visa but the State Department has no visas available.

If you find employment in the U.S. and the employer is willing to sponsor you, you are also eligible for a green card. The more education and skills you have and the more necessary your job is in the U.S., the sooner you will be able to enter the U.S. and obtain your green card. Computer software engineers and nurses, for example, are in short supply, while waiters and mechanics are not.

Finally, there is a green card lottery every year that makes green cards immediately available to people from different areas of the world on a rotating basis. If you are from a country selected for the lottery that year, you can submit a one-page application with your information and, if you are picked, the State Department will grant you a green card. Like all lotteries, however, your chances of winning are slim.

Ways to get a green card:

Labor Certification. The process of proving that there are insufficient qualified workers to perform a specific job in a specific region. This is typically a lengthy process.

Outstanding Researchers. International recognition for being an outstanding academic.

National Interest Waivers. Professionals whose service would be of a national interest to the U.S. can apply for a green card without a sponsoring employer.

Extraordinary Individuals. People at the top of their fields can skip the labor certification process and apply immediately for a green card.

Family Immigration. Family-based green card applications. Except for immediate family members-spouses, minor children, and parents-it is a lengthy process.

Asylum. The process for people who are in the U.S. and fear returning to their country for fear of persecution based on their race, religion, or membership in a political or social group.

Lottery. A yearly drawing for a green card.

E2 Visas

How to get investors visa

An E2 visa is a non-immigrant visa reserved for investors from countries that have commerce and navigation treaties or bi-lateral investment treaties with the United States who have invested substantial capital in a U.S. company and who wish to come to the United States to develop and direct business operations of the enterprise.

Who is eligible for an E2 visa?

Alien investors whose home country maintains a treaty of commerce and navigation or bi-lateral investment with the United States Who have made a “substantial investment”(normally at least $25,000 or more) in a U.S. business. The business is 50 percent owned by citizens of that treaty country who intend to come to the United States to direct the operations of the enterprise in a capacity that is either executive, supervisory, or involves specialized skills. They must possess means of support independent of the enterprise.

What constitutes a “substantial investment” that would justify the grant of an E-2 visa?

While there is no particular dollar amount specified under the law, the investment must amount to more than 50 percent ownership in an enterprise that generates active income, rather than passive income, such as that derived from rental properties. In practice, some immigration lawyers believe that a minimum of $25,000 is necessary, however. In short, the investment must be substantial in relation to the total amount invested in the enterprise. E-2 visa applicants can bolster their case by demonstrating that jobs for U.S. workers would be created through the investment.

Must the alien invest his or her own money to be eligible for an E-2 visa?

They usually do. However, under some circumstances, an E-2 visa recipient may be an employee of a foreign company that qualifies as a treaty investor. But the employee must come to the United States in an executive or supervisory capacity to direct the enterprise or possess a specialized skill needed by the enterprise.

May an E-2 visa holder be accompanied to the United States by his or her spouse and children?Yes. The spouse and unmarried, minor children of an E-2 visa holder may accompany him or her to the United States on E-2 visas as well. This visa, however, does not automatically grant the spouse and children the right to work in the United States.

May an E-2 visa holder apply for permanent residency in the United States?

Yes. Like other non-immigrant visas, such as the H1-B for alien professionals, an E-2 visa entitles its holder to apply for permanent residency.

How long are E-2 visas valid?

Two years. E-2 visas are renewable for an indefinite period, as long as the visa holder continues in the same capacity and the business is actively engaged in trade or services.

Countries that Maintain Treaties of Navigation and Commerce with the United States for E-2 Visa Purposes

Argentina, Armenia, Australia, Austria, Bangladesh, Belgium, Bulgaria, Cameroon, Canada, Colombia, Costa Rica, Czech Republic, Democratic Republic of the Congo, Ecuador, Egypt, Ethiopia, Finland, France, Georgia, Germany, Grenada, Honduras, Ireland, Italy, Jamaica, Japan, Kazakhstan, Korea, Kyrgyzstan, Liberia, Luxembourg, Mexico, Moldova, Mongolia, Morocco, Netherlands, Norway, Oman, Pakistan, Panama, Paraguay, Philippines, Poland, Republic of Congo, Romania, Senegal, Slovak Republic, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Thailand, Togo, Trinidad & Tobago, Tunisia, Turkey, Ukraine, United Kingdom, and Yugoslavia.

Obtaining a non-immigrant visa can be a complicated process and may not always end with the desired result. While it is possible to obtain such visas successfully on your own, you may wish to save time and effort by hiring a qualified and experienced immigration lawyer. Our Find-a-Lawyer feature can put you in touch with an experienced attorney right now.

F-1 Visas

Visas for Foreign Students

The Immigration and Nationality Act provides two nonimmigrant visa categories for persons wishing to study in the United States. The “F” visa is for academic studies, and the “M” visa is for nonacademic or vocational studies.

Bckground Requirements

Changes in U.S. immigration law, effective November 30, 1996, require that no alien may be issued an F-1 visa to attend a U.S. public elementary or middle school (K-8). Any alien who wishes to attend public high school (grades 9-12) in the United States in student visa (F-1) status must submit evidence that the local school district has been reimbursed in advance for the unsubsidized per capita cost of the education. Also, attendance at U.S. public high schools cannot exceed a total of 12 months. Please note that these changes do not affect other visa categories such as the J-1 exchange visitor program or the qualified school-age child of an alien who holds another type of nonimmigrant visa (i.e., A, E, H, I, L, etc.).

No alien may be issued an F-1 visa in order to attend a publicly-funded adult education program.

Scholastic Preparation

The student visa applicant must have successfully completed a course of study normally required for enrollment. The student, unless coming to participate exclusively in an English language training program, must either be sufficiently proficient in English to pursue the intended course of study, or the school must have made special arrangements for English language courses or teach the course in the student’s native language.

Financial Resource

Applicants must also prove that sufficient funds are or will be available from an identified and reliable financial source to defray all living and school expenses during the entire period of anticipated study in the United States. Specifically, applicants must prove they have enough readily available funds to meet all expenses for the first year of study, and that adequate funds will be available for each subsequent year of study. The M-1 student visa applicants must have evidence that sufficient funds are immediately available to pay all tuition and living costs for the entire period of intended stay.

Acceptance Form

An applicant coming to the United States to study must be accepted for a full course of study by an educational institution approved by the Immigration and Naturalization Service (INS). The institution must send to the applicant a Form I-20A-B, Certificate of Eligibility for Nonimmigrant (F-1) Student Status for Academic and Language Students. The nonacademic or vocational institution must send to the student a Form I-20M-N, Certificate of Eligibility for Nonimmigrant (M-1) Student Status For Vocational Students. Educational institutions obtain Forms I-20A-B and I-20M-N from the INS.

Visa ineligibility / Waiver

The nonimmigrant visa application Form OF-156 lists classes of persons who are ineligible under U.S. law to receive visas. In some instances an applicant who is ineligible, but who is otherwise properly classifiable as a student, may apply for a waiver of ineligibility and be issued a visa if the waiver is approved.

Applying for a Student Visa

Applicants for student visas should generally apply at the U.S. Embassy or Consulate with jurisdiction over their place of permanent residence. Although visa applicants may apply at any U.S. consular office abroad, it may be more difficult to qualify for the visa outside the country of permanent residence.

Required Documentation

Each applicant for a student visa must pay a nonrefundable US$45 application fee and submit:

1. An application Form OF-156, completed and signed. Blank forms are available without charge at all U.S. consular offices;

2. A passport valid for travel to the United States and with a validity date at least six months beyond the applicant’s intended period of stay in the United States. If more than one person is included in the passport, each person desiring a visa must make an application;

3. One photograph 1 and 1/2 inches square (37×37mm) for each applicant, showing full face, without head covering, against a light background; and

4. For the “F” applicant, a Form I-20A-B. For the “M” applicant, a Form I-20M-N.

5. Evidence of sufficient funds.

Other Documentation

Student visa applicants must establish to the satisfaction of the consular officer that they have binding ties to a residence in a foreign country which they have no intention of abandoning, and that they will depart the United States when they have completed their studies. It is impossible to specify the exact form the evidence should take since applicants’ circumstances vary greatly.

US Port of Entry

Applicants should be aware that a visa does not guarantee entry into the United States. The INS has authority to deny admission. Also, the period for which the bearer of a student visa is authorized to remain in the United States is determined by the INS, not the consular officer. At the port of entry, an INS official validates Form I-94, Record of Arrival-Departure, which notes the length of stay permitted.

Employment

An F-1 student may not accept off-campus employment at any time during the first year of study; however, the INS may grant permission to accept off-campus employment after one year. F-1 students may accept on-campus employment from the school without INS permission. Except for temporary employment for practical training, an M-1 student may not accept employment.

Family Members

A spouse and unmarried, minor children may also be classified for a nonimmigrant visa to accompany or follow the student. Family members must meet all visa eligibility requirements, including evidence that they will have sufficient funds for their support, and that they will depart the U.S. when the student’s program ends. Spouses and children of students may not accept employment at any time.

Further Inquiries

Questions on how to obtain Forms I-20A-B and I-20M-N should be made to the educational institution. If the institution does not have the forms, it needs to contact the local INS office. Questions on visa application procedures at the American consular offices abroad should be addressed to that consular office by the applicant.