NON-IMMIGRANT VISAS AND GREEN CARDS TO WORK AND …columbusconsultinggroup.com/en/wp-content/uploads/2013/01/Recap-Visa-FAACC-website.pdfThe spouse and children of a B-1 visa holder

Visas & Green Cards in the US – Columbus Consult ing Group 1

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NON-IMMIGRANT VISAS AND GREEN CARDS TO WORK AND

LIVE IN THE UNITED STATES P lease f ind below a non-exhaust ive l ist of the most commonly used v isas (non-

immigrant and immigrant) avai lable to the business community.

Summary Part 1: Visa Waiver Program (ESTA) Part 2: Non-immigrant v isas

I. Temporary Business Visitors (B) II. Employment Based (E, H, L, O, I, TN-TD) III. Study and Exchange (F, J)

Part 3: Immigrant v isas

I. Employment Based (EB-1A, EB-1B, EB-1C, EB-2, EB-3, EB-5) II. Family Based

Visa Waiver Program

(ESTA)

Temporary Business Vistors

B

Employment Based

E, H, L, O, I, TN

Study and Exchange

F, J

Employment Based

EB-1, EB-2, EB-3, EB-5

Family Based

Green Card by marriage

Non-immigrant visas Immigrant visas



Part 1: VISA WAIVER PROGRAM (ESTA)

The Electronic System for Travel Authorization (ESTA) allows international travelers from certain countries (including France) to travel to the U.S. for leisure or business purposes with no visa, for a period of 90 days or less. The United States has provided a secure public website with an automated form to be completed, in order to apply for travel authorization. Once you enter the required biographic, travel, and credit card information on the secure website, your application is processed by the system to determine if you are eligible to travel to the United States, without a visa, under the Visa Waiver Program. The system will provide you with an automated response, and prior to boarding, a carrier will electronically verify with the United States Customs and Border Protection that you have an approved travel authorization on file. When you travel, you will need to have:

§ A valid biometric passport, good for at least 6 months past the date of entry; § A transportation ticket to leave the United States and return to your home country.

Part 2: NON-IMMIGRANT VISAS

I . TEMPORARY BUSINESS VISITORS: B-1 The B-1 classification allows foreign nationals to participate in business activities of a commercial or professional nature in the U.S., including, but not limited to:

§ Consulting with business associates, potential clients and partners; § Traveling for a scientific, educational, professional or business convention, or a conference on

specific dates; § Meetings with business profesionals; § Negotiating a contract; § Participating in short-term training; § Transiting through the United States: certain persons may transit the United States with a B-1

visa. The following activities require a working visa, and may not be carried out by business visitors:

§ Running a business; § Working or earning a remuneration by an organization within the United States.

Temporary Business Visitor B-1 Trader E-1 Investor E-2 Employee with specialty occupation H1-B

Intra-Company Transfer L1-A, L1-B Individuals with Extraordinary Ability or Achievement O-1, O-2

Representatives of Foreign Media I Professional Classification for Canadian and Mexican Nationals TN



Requirements to qualify for a B-1 visa:

§ The purpose of the trip is to enter the U.S. for business of a legitimate nature; § The visa applicant plans to remain for a specific limited period of time; § The visa applicant must have the funds to cover the expenses of the trip and his/her stay in the

U.S.; § The visa applicant must have a residence outside the U.S. which he/she does not intend to

abandon, as well as other binding ties which will ensure his/her return abroad at the end of the visit.

Period of Stay: The B-1 visa is generally granted for a ten (10) year period at the U.S. consulate. However, each visit to the U.S. is limited to six (6) months at the U.S. port of entry and can be extended for an additional 2 to 4 months.

Family of B-1 Visa Holders: The spouse and children of a B-1 visa holder are not eligible to obtain a dependent visa.

Employment: B-1 visa holders are not allowed to receive any kind of renumeration while staying in the U.S.

I I . EMPLOYMENT BASED: E, H, L, O, I , TN

1. E VISA (TRADER AND INVESTOR) The E category visa is used for foreign businesspersons, investors and key employees (managers and executives or highly skilled employees whose services are essential to the efficient operation of the U.S. subsidiary) who need to stay in the United States for extended periods of time to oversee an enterprise that represents a major investment in the United States. The E visa beneficiary must have the same nationality as the majority owner of the U.S. company.

The E visa category is available only to nationals of countries with which the United States has signed a “treaty of commerce and navigation” or a “bilateral investment treaty” (such as France). The E classification is divided into two categories: E-1 and E-2.

E-1: Treaty Trader Visa

The E-1 treaty trader visa is for individuals coming to the U.S. to carry on substantial trade between the United States and the applicant’s country of nationality (France for example).

Requirements to qualify for an E-1 treaty trader visa:

§ The applicant must be a national of a treaty country (France, for example); § The U.S. trading entity must be owned in majority (at least 50%) by nationals of applicant’s treaty

country; § The trading activity must be substantial, sizable and continuous (in number of

shipments/transactions per month and its value in US $) § The trade must be principally (at least 50%) between the United States and the applicant’s treaty

country; § The items of the trade (products, services, etc.) must already exist.



E-2: Treaty Investor Visa

The E-2 investor visa is for individuals coming to the U.S. to direct and develop the business operations of an entity in which they have already invested or are actively in the process of investing funds.

Requirements to qualify for an E-2 treaty trader visa:

§ The applicant must be a national of a treaty country; § The investor must control the U.S. company by owning at least 50% of its stock; § The investor must commit funds into a real operating enterprise. Passive or speculative

investments are not considered qualifying investments. The investor can invest in a start-up company or purchase a qualifying existing business in which he will have an executive or a mangerial position;

§ The investor must have control of the funds invested in the U.S. enterprise; § The investment must be substantial with no minimum investment required. The U.S. consulate

and USCIS look at the amount necessary to establish a viable enterprise based on the nature of the activity;

§ The funds must have already started generating expenses for the use of the U.S. company (office lease, professional fees, equipment, employee’s wages, etc.);

§ The funds invested must be at risk, meaning that the capital must be subjected to total or partial loss if the investment fails, and;

§ The enterprise cannot be marginal. It must have the capacity to generate more income than the minimal living for the investor and his/her family or to have a significant economic impact in the U.S. by creating job opportunities, and the like.

Additional Information for E-1 and E-2 Visas Period of Stay:

The length of stay on an E visa is determined by the alien’s country of nationality. The maximum validity period of an E visa we can request at the U.S. consulate abroad (in Paris, France for example) is usually five (5) years. However, it can be extended indefinitely—usually in five-year increments—upon compliance with the visa requirements (with a company still being legitimate and active). Please, note that even though the E visa can be granted for up to a five-year period, the E visa holder will only be admitted into the U.S. for a two-year period at a time. E visa holders are not required to maintain a foreign residence, as long as it is their intention to leave the United States when their period of stay expires. Maintaining a Lawful E Status:

The E visa holders are expected to maintain their status by engaging in the activities permitted by the Department of State and U.S. Citizenship and Immigration Services. A substantive change in the U.S. entity’s basic characteristic, including a merger, acquisition, sale, or others, requires the filing of a new petition. In the case, that the Treaty country’s ownership (French ownership for instance) falls below 50%, the U.S. company would lose its eligibility to sponsor E visas.

Family members of the principal E visa holders:

The spouse and unmarried children under the age of 21, of a principal E visa holder are also entitled to the E status, regardless of their nationality and for the same period of time as the principal. The spouse of an E visa holder is eligible for work authorization. The spouse must file an application once in the U.S. for employment authorization with the Department of Homeland Security and the employment authorization card is normally issued within 90 days of application. The unmarried children under the age of 21 of an E visa holder are not authorized to work but they are able to attend school under their E status.



Route to the Green Card:

Despite its non-immmigrant intent, the E status can also serve as a path to a green card in the following ways:

− For the investor and owner of the U.S. company: the EB-1 (extraordinary ability) or the EB-5 Permanent Immigration category;

− For the employee: the EB-2 or EB-3 category.

2. H-1B VISA (SPECIALTY OCCUPATION) The H-1B visa is the most commonly used visa by employers in the United States to employ foreign nationals. It is a temporary professional visa that allows professionals to enter the United States to accept temporary employment within specialty occupations. A specialty occupation is one that requires theoretical or technical expertise in specialized fields and the attainment of a bachelor or higher degree in the specific specialty (or its equivalent in work experience) as a minimum for entry into the occupation in the U.S. Unlike many other nonimmigrant visas you don’t have to prove that you plan to return home at the end of your U.S. stay as it has dual intent. Cap Limitation: Only the initial H-1B visa petition is subject to annual quota restrictions. A maximum of 65,000 H-1B non-immigrant visas are issued per fiscal year (from October 1 to September 30) in addition to a separate quota of 20,000 petitions filed for a beneficiary who has obtained a U.S. Master’s degree or higher. Furthermore, the cap does not apply to applicants filing H-1B petitions through institutions of higher education, nonprofit research organizations, and government research organizations applicants and filing for amendments, extensions, and transfers of their current H-1B visas which are then exempt from the cap. The USCIS begins accepting H-1B cap subject visa petitions on April 1st of each year but no more than six months before the H-1B start date. As such, the employer should contact an attorney three to four months in advance of April 1st, to make sure that the petitions are prepared and filed on time. An employer can request the premium processing service, which requires the USCIS to adjudicate the petition within 15 calendar days, by paying an additional fee. If the visa is accepted in the quota and approved in April, the employment start date would still be October 1st. Requirements to qualify for an H-1B visa:

§ The employer must demonstrate that the proposed employment qualifies as a specialty occupation that requires a minimum of a Bachelor or higher degree. (i.e. accountant, acupuncturist, computer programmer, financial analyst, graphic designer, sales manager, etc.);

§ The foreign national must have the required qualifications for the position, meaning: − A U.S. baccalaureate or higher degree which is required by the specialty occupation; − A foreign degree determined to be equivalent to that of a U.S. baccalaureate degree; or − A combination of education and experience, which is equivalent to the required U.S. degree.

§ Where licensure is required to practice a profession, the applicant must hold the appropriate licensure under state law;

§ The employee must have the appropriate background for the job



Additional Requirements for the H-1B Employer and Employee:

§ The employer must pay its H-1B worker(s) at least the “required wage”, which must be equal to or higher than the minimum prevailing wage for similarly employed workers. The prevailing wage is the wage rate for the occupational classification in the geographical area of employment;

§ The employer must pay certain costs and expenses on behalf of an H1-B employee, such as the return transportation costs of the H-1B employee if the employee is dismissed prior to the completion of the H-1B term;

§ The H-1B employee can enter the U.S. under H-1B status up to ten (10) days in advance of the employment start date and is also granted permission to leave ten (10) days after expiration of his/her status. However, there is no “grace period” for H-1B employees who are terminated before the completion of the term of their visa;

§ The H-1B visa is employer specific, meaning that the H-1B employee is limited to employment with the approved employer/petitioner only. With the Rule of Portability, it is possible to transfer the H1-B visa, once obtained) from one entity to another. However, a change of employer requires the filing of a new H-1B petition;

§ H-1B foreign specialty workers are not required to maintain foreign residence and may seek permanent residence in the U.S.

Period of Stay: The H-1B visa is usually granted in three-year increments not to exceed a total of six years, unless a permanent residence application is in progress, in which event, additional extensions beyond six-years may be obtained. Although an extension is usually easier to get than the initial H-1B visa, it is not automatic. All the time the H-1B employee has spent outside the U.S. during the period of their H-1B employment can be subtracted and does not count toward the six-year period. As such, the time out of the U.S. may be recaptured to the six years. Additionally, if an H-1B holder remains outside the U.S. for one year, she/he may begin the six-year period anew, however the new H-1B petition would be subject to the H-1B cap. Route to a Green Card: The H-1B status can be a path to a green card through the EB-2 or EB-3 Immigrant categories. Family of H-1B Holders: The spouse and unmarried children under 21 years of age of an H-1B holder are eligible for H-4 status with the same restrictions as the principal. As of the end of May 2015, the spouse of an H-1B employee will be able to work by obtaining work authorization.

3. L VISA (INTRA-COMPANY TRANSFER) The L-1A nonimmigrant classification enables an employee to transfer from one foreign office to the subsidiary or sister company office in the United States. L-1A: Visa for Intra-Company Transferee Executive or Manager The L-1A nonimmigrant classification enables an executive (executive capacity generally refers to the employee’s ability to make decisions of wide latitude without much oversight and direct a function) or manager (Managerial capacity generally refers to the ability of the employee to supervise and control the work of professional employees and to manage the organization, or a department, subdivision, function, or component of the organization) to transfer from the foreign office to the subsidiary or sister office in the United States.



L-1B: Visa for Specialized Knowledge Employees The L-1B nonimmigrant classification enables a professional employee with specialized knowledge to transfer from one foreign office to one of its subsidiary or sister offices in the United States.

Requirements to qualify for the L-1A or an L-1B visa:

§ There must be a qualifying relationship (at least a 50% ownership link) between the foreign company and the U.S entity;

§ The U.S. company must be, or will be, doing business on a regular, systematic, and continuous basis, by providing goods and/or services;

§ The foreign company must be doing business on a regular, systematic, and continuous basis, by providing goods and/or services;

§ The visa applicant must have been working for foreign company for one (1) continuous year within the three years immediately preceding his/her admission to the United States;

§ For an L-1A visa: The visa applicant must be seeking to enter the United States to render services in an executive or managerial capacity;

§ For an L-1B visa: The visa applicant must be seeking to enter the United States to render services in a specialized knowledge capacity to a branch of the same employer or one of its qualifying organizations.

§ You may work only for the U.S. employer who acted as your visa sponsor. Additional information for L-1A and L-1B Visas

Period of Stay: − New office: The maximum initial stay under an L-1 classification granted to establish a new office is

one (1) year; − Existing U.S. entity: You may obtain an initial stay of three (3) years for a transfer to an existing U.S.

entity. − Extensions of stays: may be granted in increments of up to an additional two (2) years, until the

employee has reached the maximum limit of seven (7) years for an L-1A visa, or a maximum limit of five (5) years for an L-1B visa.

All the time the L-1A/L-1B employee spends outside the U.S. may be subtracted and does not count toward the total validity period of the L visas. As such, the time spent outside of the U.S. may be recaptured.

Family of L-1 Visa Holders: The spouse and unmarried children under 21 years of age, of an L-1 visa holder, are entitled to an L-2 classification, which is granted for the same period of stay as the employee. The spouse of an L-1 worker is authorized to apply for work authorization with the USCIS.

Route to a Green Card: The L-1A status is considered a short path to a green card through the EB-1C Multinational Manager or Executive petition. An L-1B visa holder can also apply for the green card through the regular processes of the EB-2 or EB-3 categories.



4. O VISA (INDIVIDUALS WITH EXTRAORDINARY ABILITY OR ACHIEVEMENT)

The O-1 nonimmigrant visa is for the individual who possesses extraordinary ability and has been recognized nationally or internationally for those achievements. This classification is designed for the small percentage of individuals who have risen to the very top of their field of endeavor. The O classification is divided into three (3) categories: − O-1A: is for extraordinary ability in the sciences, education, business, or athletics fields; − O-1B: is for extraordinary ability in the arts or motion picture or television industries; − O-2: refers to individuals who will accompany an O-1, artist or athlete, to assist in a specific event

or performance.

O-1: Extraordinary ability Requirements to qualify for an O-1A or an O-1B visa:

§ The visa applicant must demonstrate extraordinary ability by sustained national or international acclaim through the attainment of a number of eligibility criteria (press articles, Television interviews, authorship, selective memberships, participation as a jury member, distinguished prize or award, and letters of endorsement from peers in the industry); and

§ The visa applicant must be coming to the United States temporarily to continue to work in the area of extraordinary ability; and

§ The visa applicant must have an offer of employment from a petitioning employer. O-2: Support Visa The O-2 visa is available to support personnel of O-1 Visa holders in the fields of entertainment, athletics, and the motion picture and television production industries. Requirements to qualify for an O-2 visa:

§ The visa applicant must establish his/her current essentiality and critical skills; and § The visa applicant must establish that he/she has substantial experience performing the critical

skills and essential support services for the O-1 visa holder. Additional information for O-1 and O-2 Visas Period of Stay: The O classification has an initial period of stay of up to three (3) years and subsequent extensions be granted in increments of up to one (1) year. There is no limit to the number of extensions. Family of O Visa Holders: The spouse and children under the age of 21 of an O visa holder are eligible to apply for O-3 visa classification, subject to the same period of admission as the O-1/O-2 worker. They are not eligible to work in the U.S., but they may engage in full or part time study. Return Transportation: Where the employment of an O nonimmigrant beneficiary is terminated for reasons other than voluntary resignation, the employer must pay for the cost of the O visa holder’s return transportation.



Route to the Green Card: The O status is also considered a path to a green card through the EB-1(A) preference: Aliens of Extraordinary Ability or the EB-2(C) preference: National Interest Waiver petitions.

5. I VISA (REPRESENTATIVES OR FOREIGN MEDIA) The I nonimmigrant classification is available to Representatives of Foreign Media including reporters, film crews, editors, and similar occupations. Requirements to qualify for an I visa:

§ The visa applicant must represent a foreign information media outlet (press, radio, film, or other foreign information media);

§ The visa applicant must be coming to the U.S. to engage solely in this profession; § The visa applicant must have a home office in a foreign country; § The visa applicant’s activities must be essential to the U.S. organization.

Period of Stay: Admission under an I nonimmigrant visa is usually authorized for the duration of status. Consequently, no application for extension of stay is required to be filed as long as the media representative continues working for the same employer. Family of I Visa Holders: The spouse and children under the age of 21 of an I nonimmigrant visa holder are eligible to apply for an I nonimmigrant visa. They are not authorized to work, but they can stay and study in the U.S.

6. TN VISA (PROFESSIONAL CLASSIFICATION FOR CANADIAN AND MEXICAN NATIONALS)

The North American Free Trade Agreement (NAFTA) created special economic and trade relationships for the United States, Canada and Mexico. The TN nonimmigrant classification allows qualified Canadian and Mexican citizens to engage in business activities at a professional level, including but not limited to computer systems analysis, accounting, management consulting, engineering, and sciences, in the U.S. Requirements to qualify for a TN status:

§ The applicant must be a citizen of Canada or Mexico; § The applicant’s profession must qualify under the regulations; § The position in the United States must require a NAFTA professional; § The applicant must possess the qualifications required by the profession; § The applicant has a full-time or part-time job with a U.S. employer.

Period of Stay: The TN initial classification and extension of stays may be granted for periods up to three (3) years. Family of TN Status Holders: The spouse and children under the age of 21 of a TN Status holder may be eligible for TD nonimmigrant status even if they are not citizens of Mexico or Canada. The spouse and children are not eligible to work while in the United States, but they are permitted to study.



7. F AND J VISA (STUDENT and TRAINEE VISA)

There are two commonly used nonimmigrant visa categories if you wish to hire persons willing to complete a Post-completion training (OPT) under a valid F visa status or receive a training in the United States under a J-1 visa in your company. F-1: Academic Student The F-1 Academic Student visa allows a foreign national to enter the U.S. as a full-time student at an accredited college, university, seminary, conservatory, academic high school, elementary school, or other academic institution or in a language training program. The beneficiary’s visa application is handled directly by the academic institution. Employment: During the first academic year: the F-1 visa holder may not work off-campus, but may accept on-campus employment subject to certain conditions and restrictions. After the first academic year, the F-1 visa holder may engage in the three following types of off-campus employment:

− Curricular Practical Training (CPT); − Optional Practical Training (OPT) (pre-completion or post-completion); − Science, Technology, Engineering, and Mathematics (STEM) Optional Practical Training

Extension (OPT) The off-campus employment must be related to the F-1 visa holder’s area of study and must be authorized by the Designated School Official and USCIS, prior to starting any work. Period of Stay: Upon arriving in the U.S F-1 visa holders are usually admitted for the duration of their student status. As such, students may stay as long as they are enrolled full-time in a school to complete their academic program. After the program ends, they have 60 days to depart the U.S. Family of F-1 Visa Holders: The spouse and unmarried children under the age of 21 of an F-1 visa holder can obtain F-2 status. They are not eligible to engage in employment, but an F-2 child may engage in full-time study through twelfth grade. However, a spouse in F-2 status may not engage in full-time study and may only participate in vocational or recreational programs without having to apply for a change of nonimmigrant classification to F-1. Requirements to qualify for the F-1 visa:

§ The visa applicant must be enrolled in an “academic” educational program or a language-training program;

§ The school must be authorized by the U.S. government to accept international students; § The visa applicant must be enrolled as a full-time student at the institution; § The visa applicant must be proficient in English or be enrolled in courses leading to English

proficiency; § The visa applicant must have sufficient funds available for self-support during the entire proposed

course of study; § The visa applicant must maintain a residence abroad which he/she has no intention of giving up.



J-1: Exchange Visitor Program The J-1 classification allows foreign nationals to participate in an approved program for the purpose of teaching, instructing or lecturing, studying, observing, conducting research, consulting, demonstrating special skills, receiving training, or to receive graduate medical education or training. Our office doesn’t handle J-1 visas but we will be happy to refer you to a specialized organization. J-1 visa applicants are sponsored by an exchange program designated by the U.S. Department of State to promote the interchange of persons, knowledge, and skills, in the fields of education, arts, and science. Exchange visitors programs include, but are not limited to:

§ Specialists § Students § Trainees § Teachers

§ Camp counselors § Nannies/Au pairs § Professors or scholars § Research assistants

Requirements to qualify for the J-1 visa:

§ The visa applicant must be sponsored by an organization approved by the Department of State; § The visa applicant must be sufficiently proficient in English to participate in the program; § The visa applicant must have a permanent residence in his/her home country, which he/she does

not intend to abandon; § The visa applicant must demonstrate that the U.S. program would be useful in his/her home.

The requirements vary depending on the program selected. For the trainee program, the trainee must have:

§ A degree or professional certificate from a foreign post-secondary academic institution outside the U.S. and at least one (1) year of prior related work experience in his/her occupational field outside the United States, OR

§ Five years of work experience in his/her occupational field outside the United States. Duration of Stay: The J-1 classification is granted for the duration of the program. However, the maximum period of stay varies depending on the program selected. For the professional trainee program the J-1 classification can be granted for up to 18 months. Family of J-1 Visa Holders: The spouse and unmarried children under the age of 21 of a J-1 visa holder can obtain J-2 status. J-2 visa holders are eligible to engage in employment as long as the money they earn is not used to support the principal J-1 visa holder. J-2 visa holders can also attend school.



Part 3:

IMMIGRANT VISAS (GREEN CARDS)

I . EMPLOYMENT BASED: EB-1, EB-2, EB-3, EB-5

1. EB-1 GREEN CARD EB-1A: Extraordinary Ability

§ Applicant must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim;

§ Applicant’s achievements must be recognized in his/her field through extensive documentation; § Self-petition is available: no offer of employment is required as long as the applicant

demonstrates that he/she will continue to work in the U.S. in the field in which he/she has extraordinary ability;

§ Generally, applicants apply for the EB-1A category after being granted an O-1 visa (individual with extraordinary ability or achievement).

Process: − No labor certification required; − Two step process:

1. I-140 or Immigrant Worker Petition: Premium Processing Available for the first step of the procedure, which guarantees an answer within 15 business days;

2. Adjustment of Status: Immigrant visa available right away. EB-1B: Outstanding Professors and Researchers

§ Applicant must demonstrate international recognition for his/her outstanding achievements in a particular academic field;

Extraordinary Ability EB-1A Outstanding Professors and Researchers EB-1B

Multinational Manager or Executive EB-1C

Workers and Professionals EB-2, EB-3 Immigrant Investor EB-5



§ Applicant must have at least three (3) years experience in teaching or research in that academic area;

§ Applicant must be entering the United States in order to pursue tenure or tenure track teaching or comparable research position at a university or other institution of higher education;

§ Employer required: an offer of employment in the U.S. is required.

Process: − No labor certification required; − Two step process:

1. I-140 or Immigrant Worker Petition: Premium Processing Available for the first step of the procedure, which guarantees an answer within 15 business days;

2. Adjustment of Status: Immigrant visa available right away.

EB-1C: Multinational Manager or Executive

§ Applicant must have been employed for at least one (1) year within the 3 years prior to admission to the United States under an L1-A visa;

§ The foreign entity must be an affiliate, a parent or a branch of the U.S. entity; § Applicant must be seeking to enter the U.S. to continue service to that firm or organization; § Applicant’s employment for the foreign company must have been in a managerial or executive

capacity; § Employer required: an offer of employment in the U.S. is required; § Generally, applicants apply for the EB-1(C) category after being granted an L-1A visa: Intra-

company Transferee Executive or Manager. Process: − No labor certification required; − Two step process:

1. I-140 or Immigrant Worker Petition: Premium Processing is NOT available for the first step of the procedure;

2. Adjustment of Status: Immigrant visa available right away.

2. EB-2 GREEN CARD: ADVANCED DEGREE AND NATIONAL INTEREST WAIVER

EB-2A: Advanced Degree

§ The job you apply for must require an advanced degree § The applicant must possess the degree required by the job offered or its equivalent: at least a

baccalaureate degree plus five (5) years of progressive work experience in the field) or a Master’s degree

§ Employer required: an offer of employment in the U.S. is required; § Generally, applicants may apply for the EB-2(A) category after being granted any of the non-

immigrant visas mentioned above as long as the requirements are met.

Three step process: 1. Labor certification: PERM application required to determine whether there are qualified and

willing U.S. workers interested in the position offered; 2. I-140 or Petition: Premium Processing is available for the second step of the procedure –

Immigrant Worker Petition, which guarantees an answer within 15 business days;



3. Adjustment Of Status: Immigrant visa available right away.

EB-2C: National Interest Waiver

§ Applicant is requesting that the Labor Certification be waived because it is in the national interest of the U.S.;

§ Applicant must seek employment in an area of substantial intrinsic merit; § Applicant must show that his/her employment in the U.S. would greatly benefit the nation; § Applicant must show that the national interest would be adversely affected if a labor certification

were requested; § Self-petition available: no offer of employment is required

Process: − Waive the PERM: the Applicant has to prove that waiving the labor certification requirement would

be in the national interest; − I-140 Petition: NO Premium Processing Available for the second step of the procedure; − Adjustment Of Status: Immigrant visa available right away.

3. EB-3 GREEN CARD: SKILLED WORKERS AND PROFESSIONALS EB-3A: Skilled Workers

§ Applicant must demonstrate at least two (2) years of job experience or training; § Applicant must be performing work for which qualified workers are not available in the U.S.; § Employer required: an offer of employment in the U.S. is required; § Generally, applicants apply for the EB-3 (A) category after being granted any of the above

mentioned non-immigrant visas as long as the above requirements are met. Three step process:

1. Labor certification: PERM application required to determine whether there are qualified and willing U.S. workers interested in the position offered;

2. I-140 Petition: Premium Processing is available for the second step of the procedure – Immigrant Worker Petition, which guarantees an answer within 15 business days;

3. Adjustment of Status: Immigrant visa are not available right away; processing times can take up to five (5) years to obtain the green card.

EB-3B: Professionals

§ Applicant must demonstrate that he/she possesses a U.S. baccalaureate degree or foreign degree equivalent;

§ Applicant must demonstrate that a baccalaureate degree is the normal requirement for entry into the occupation;

§ Applicant must be performing work for which qualified workers are not available in the U.S.; § Education and experience may not be substituted for a baccalaureate degree; § Employer required: an offer of employment in the U.S. is required;



§ Generally, applicants apply for the EB-3 (B) category after being granted any type of visa as long as the above requirements are met.

Three step process:

1. Labor certification: PERM application required to determine whether there are qualified and willing U.S. worker interested in the position offered;

2. I-140 Petition: Premium Processing Available for the second step of the procedure – Immigrant Worker Petition, which guarantees an answer within 15 business days);

3. Immigrant visa are not available right away. EB-3C: Unskilled Workers – Other Workers

§ Applicant must be capable, at the time the petition is filed, of performing unskilled labor; § The position must require less than two (2) years training or experience; § The job offered must not be of a temporary or seasonal nature; § Qualified U.S. workers must not be available to perform the work.

Three step process:

1. Labor certification: PERM application required to determine whether there are qualified and willing U.S. worker interested in the position offered;

2. I-140 Petition: Premium Processing is available for the second step of the procedure – Immigrant Worker Petition, which guarantees an answer within 15 business days);

3. Immigrant visa are not available right away.

4. EB-5 GREEN CARD: IMMIGRANT INVESTOR The immigrant investor program, known as EB-5, is based on a qualifying U.S. investment in a new or existing commercial enterprise. The EB-5 program enables investors to obtain permanent resident status without requiring them to manage the day-to-day affairs of a business or being a majority owner, among others. Requirements to qualify for the EB-5 program:

§ Applicant must invest in a new commercial enterprise engaged in a for-profit activity; § The minimum qualifying investment in the U.S. is $1 million, except for investments made in a

Targeted Employment Area (area experiencing unemployment of at least 150 percent of the national average rate) where the minimum qualifying investment is $500,000;

§ Create or preserve at least 10 full-time jobs for qualifying U.S. workers within two (2) years of the Applicant’s admission to the U.S. as a Conditional Permanent Resident.

Process: − No labor certification required; − Two step process; − Premium Processing is not available;



− Immigrant visa available right away. The EB-5 investor, their spouse and qualifying children are granted Conditional Permanent Residence status for a two (2) year probationary period. Within 90 days of the 2-year conditional green card’s expiration date, the investor must request removal of conditional permanent residency so that the investor and his/her family may continue to reside in the U.S. Failing to remove these conditions may result in termination of the Conditional Permanent Residence status

I I . FAMILY BASED

1. FAMILY OF A U.S. CITIZEN

Description: U.S. citizens can file a Petition for Alien Relative for their family members to immigrate to the United States. U.S. Citizens can petition for the following immediate relatives, including:

− Spouses of U.S. citizens; − Children (unmarried and under 21) of U.S. citizens; − Parents of U.S. citizens (The petitioning citizen must be 21 or older.)

Short term process: Visa number immediately available, i.e. immediate relatives can be granted permanent resident status within a short period of time. Other relatives qualifying in a “family preference category”:

− Unmarried sons or daughters over the age of 21; − Married child(ren) of any age; − Brothers and sisters (if the U.S. citizen petitioner is over the age of 21).

Process: − Premium Processing is not available; − Visa availability varies depending on the Alien’s relationship to the U.S. citizen.

Additional information If the foreign national and the U.S. Citizen have been married less than two (2) years at the time that the immigrant petition is approved, the alien will receive a conditional permanent resident status valid for two (2) years instead of ten (10) years. The foreign national must apply to remove conditional status within the 90-day period before the expiration date on the conditional resident card. The conditions must be removed or the foreign national will lose his/her permanent resident status. Once the condition has been removed, the green card will become a ten (10) year green card. However, if the couple has been married for over two (2) years, the alien will receive a permanent resident status valid for ten (10) years.



2. FAMILY OF A LAWFUL PERMANENT RESIDENT

Description: A green card holder (i.e. permanent resident) may petition for certain family members to immigrate to the U.S. as permanent residents. A Permanent Resident may petition for the following family members:

− Spouse (husband or wife); − Unmarried children under 21; − Unmarried son or daughter of any age.

Process: − Long process: − Premium Processing is not Available; − Visa availability varies depending on the Alien’s relationship to the Permanent Resident as well as the

country where the Alien is immigrating from. If the permanent resident relative that petitioned for a foreign national becomes a U.S. Citizen, the alien’s preference category changes and an immigrant visa may be available sooner. For additional information, please contact us:

Isabelle Marcus, Founder & C.E.O.

[email protected] New York Office: +1 (212) 847-2395

San Francisco Office: + 1 (917) 860-3744 www.columbusconsultinggroup.com

Documents

NON-IMMIGRANT VISAS AND GREEN CARDS TO WORK AND …columbusconsultinggroup.com/en/wp-content/uploads/2013/01/Recap-Visa-FAACC-website.pdfThe spouse and children of a B-1 visa holder