A Great Day for Young Immigrants

On August 15, 2012, in Immigration, by John A. Weber IV, ESQ.

Deferred Action Plan

Today is the day that the Deferred Action Plan takes effect.  The Deferred Action Plan provides young immigrant students with a method of applying for legal status in the United States.  The plan has been much talked about in the news lately as the anticipation of the plan’s arrival grew.  Now it is here.  The following is a link to the article that appeared in today’s New York Daily News by Albor Ruiz:

August 15, 2012, New York Daily News

As always, if you are an undocumented immigrant student who has questions about applying for the deferred action plan, call 516-858-2620 to speak to an Immigration Attorney today!

 

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Investor Visa Options

On December 1, 2011, in Immigration, by John A. Weber IV, ESQ.

Investor Visa Options under EB-5

The EB-5 visa is a federal program aimed at immigrant investors.  Created by the Immigration Act of 1990, the visa provides immigrants the opportunity to obtain a green card for foreign nationals who invest money in the United States.  Individuals who can invest $1,000,000 or at least $500,000 in a targeted employment area while creating or preserving at least 10 jobs for U.S. workers may be granted the EB-5 visa.

A foreign national whose petition is approved will be granted conditional permanent residence valid for two years.  The investor must provide evidence documenting the full investment and or jobs created and must be submitted in a timely fashion.

In 1992, Congress created a temporary pilot program designed to stimulate economic activity and job growth, while allowing eligible aliens the opportunity to become lawful permanent residents. Under this program, foreign nationals may invest in a pre-approved regional center, or “economic unit, public or private, which is involved with the promotion of economic growth, including increased export sales, improved regional productivity, job creation, or increased domestic capital investment.” Investments within a regional center provide foreign nationals the added benefit of allowing them to count jobs created both directly and indirectly for purposes of meeting the 10 job creation requirement.

The Startup Visa Act (projected EB-6 visa), introduced in Congress in 2010 and subsequently in 2011, is planning to use unallocated numbers from the EB-5 visa.

The program is limited to 10,000 visas annually. Potential Immigrant Investors are trading a preferred immigration status for a $500,000 investment and job creation in a rural area or a community with high unemployment.

The foreigner must invest the money in a United States enterprise that has received preliminary approval from U.S. Citizenship and Immigration Services (USCIS). After a background check, the immigrant makes the investment and applies for a conditional green card, good for two years. If the investment meets program guidelines, the temporary green card is replaced by a permanent one.

The program’s beneficiaries not only include the Immigrant Investor but also economically depressed areas of the United States where there is desperate need of job creation.  The Law Firm of Vaughn, Weber & Prakope, PLLC can assist with the EB-5 visa as well as all other immigration needs.

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H-1B, H-2B and Other Business Visas

On August 23, 2011, in Immigration, by John A. Weber IV, ESQ.

Business Visas

The U.S. Citizenship and Immigration Services (USCIS) recognizes that there is a shortage of American workers available to fill specialty occupations at businesses and professional organizations in the United States and therefore allows certain business visas. Approximately 65,000 H-1B Specialty Occupation visas are available through the USCIS each year. Typically, the visas are granted for three years, but may be extended an additional six years. In addition, if the sponsoring employer is willing to continue sponsoring the specialty worker for residency status, the employee may apply for green card status to remain legally in the United State permanently.  There are several occupations that are currently listed by the USCIS as specialty occupations, and additional occupations may be considered on a per-applicant basis. The list includes occupations such as:

  • Certain healthcare professionals
  • Accounting professionals
  • Computer analysts
  • Programmers
  • Database administrators
  • Engineers and scientists
  • Licensed professionals such as architects and lawyers

Eligibility

In order for an applicant to be eligible for an H-1B Specialty Worker visa, one requires:

  • Profession must be a “specialty occupation”
  • Petition must be submitted by the employer (there are some exceptions to this requirement)
  • Bachelor’s degree required or requisite experience
  • Employee must have a bachelor’s degree or US equivalent or experience in the specialty occupation
  • The employer must pay the employee the prevailing wage
  • The employee meets state licensing requirements if such license is required

H-2B Visas

Employers may file H-2B visas for their semi-skilled or skilled employees to meet seasonal, intermittent, one-time occurrence or peak time needs. For instance large resorts that cannot meet their staffing needs are eligible to file an H-2B visa to meet their “seasonal” needs. The employer must file a labor certification application with the Department of Labor (DOL) and demonstrate that no qualified worker is able to fulfill the position. Subsequent to meeting this requirement, the employer may file an H-2B petition with the USCIS. Unlike the H-1B visa, the employer may file a blanket petition for their workers. Thus multiple employees may be included in the labor certification and USCIS petition. Since there are only 66,000 visas allotted for the year, it is important that the H-2B petition is filed before the H-2B cap is met.

Other Business Immigration Visas

In addition to H-1B visas for specialty occupations, the USCIS also grants business immigration visas for workers who lack the requisite college education, but have recognized experience in the field. Other business immigration visas include, TN visas under NAFTA, and E-1 treaty traders visas.

As always, if you have any questions, please feel free to call us at (516) 858-2620 to speak to an Immigration Attorney!

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Filing for a K-1 Fiancé Visa

On August 23, 2011, in Immigration, by John A. Weber IV, ESQ.

K-1 Visa

The Immigration and Nationality Act provides a nonimmigrant visa classification known as a “K-1 visa″ for aliens coming to the United States to marry American citizens and reside here. When filing a K-1 Visa, there are many factors the USCIS takes into account before approval.  However, the approximate processing time is usually between 3 to 6 months from initial filing to a fiancé’s arrival.

To establish a K-1 visa classification for an alien fiancée, an American citizen must file a Petition for Relative or Fiancée, with the United State Citizenship and Immigration Service (USCIS) having jurisdiction over the place of the petitioner’s residence in the United States.  Such petitions may not be adjudicated abroad.  The approved petition will be forwarded by USCIS to the American consular office where the alien fiancée will apply for his or her visa.  A petition is valid for a period of four months from the date of USCIS action, and may be re-validated by the consular officer.

 

In some instances, applicants may be refused a visa for specific reasons.  These include:

 

Applicants who have a communicable disease, or have a dangerous physical or mental disorder; are drug addicts; have committed serious criminal acts, including crimes involving moral turpitude, drug trafficking, and prostitution; are likely to become a public charge; have used fraud or other illegal means to enter the United States; or are ineligible for citizenship

 

If the USCIS approves a petition, upon receipt of said approved petition, the American consular officer will notify the beneficiary and give him or her the necessary forms and instructions to apply for a “K” visa.  Since a fiancée visa applicant is an intending immigrant, he or she must meet most of the same documentary requirements of an immigrant visa applicant.

In addition to the prescribed application forms, the following documents are normally required:

Valid passport

Birth certificate

Divorce or death certificate of any previous spouse

Police certificate from all places lived since age 16

Medical examination

Evidence of support

Evidence of valid relationship with the petitioner

Photographs

 In addition, both petitioner and beneficiary must be legally able and willing to conclude a valid marriage in the United States.  The petitioner and beneficiary must have previously met in person within the past two years unless the Attorney General waives that requirement.   As soon as the processing of a case is completed and the applicant has all necessary documents, a consular officer will interview the fiancée.  If found eligible, a visa will be issued, valid for one entry during a period of six months.

As always, if you have any questions, please feel free to call us at (516) 858-2620 to speak to an Immigration attorney!  The Law Firm of Vaughn, Weber & Prakope, PLLC will be glad to be of assistance in any Immigration matters you may have.

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