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Inmigration
& Naturalization Law
Select
One of the Following Areas:
U.S. Temporary Working Visas:
L-1
Visa (Managerial Transfer)
H-1 Visa (Professional Visa)
O-1 & P Visa (Extraordinary Ability)
E Visas (Treaty-Investor and Treaty-Trader)
F Visas (Student Visas)
J Visas (Exchange Visitors)
U.S.
Permanent Residence Procedures:
Labor
Certification
Employement Based Immigrant(Investors)
National Interest Exceptions
Priority Workers
Green Card Lottery
Links of Interest:
U.S. Citizenship And Immigration Service http://www.uscis.gov/portal/site/uscis
U.S. Department of Labor
http://www.doleta.gov/
U.S. Department of State
http://www.travel.state.gov/
U.S. Embassy - Venezuela
http://caracas.usembassy.gov/
U.S. Embassy - Colombia
http://bogota.usembassy.gov/
U.S. Embassy - Mexico
http://mexico.usembassy.gov/
U.S. Embassy - Argentina
http://buenosaires.usembassy.gov/
Other U.S. Embassies
http://usembassy.state.gov/
U.S. Temporary Working Visas
Some of the temporary working visas available are:L-1
Visa (Managerial Transfer):
This is for executives, managers
and specialized technicians who have worked for a company outside
of the U.S. for at least 1 of the past 3 years and who will supervise
a U.S. branch, subsidiary, affiliate or parent of that company.
This visa allows the person to work in the U.S. for a maximum stay
of 6 -7 years. Note that a person who is in the United States in
the L-1 status can adjust to permanent residency as follows: If
the U.S. entity is in existence less than one year, after the first
year the person can apply for an extension of the L-1 visa and upon
approval of the extension, can immediately adjust to permanent residency
if the corporation qualifies.
This visa is very similar to the
Managerial or Executive Transferee procedure which provides immediate
permanent residency.
H-1 Visa (Professional
Visa):
This is for professionals and others
who have at least a bachelors degree (or equivalent) in their specialty,
who will work for a U.S. based employer in a position related to
their degree. The professional will obtain work authorization for
the petitioning employer, and the professional’s immediate
family members also will be able to live in the United States during
the term of the visa. To obtain the equivalent of a bachelors degree,
it is the norm that for every three years of working experience
in the profession, one year of college study is obtained. The maximum
available time in the H-1 visa status is 6 years. While in this
status, the professional can pursue other options to obtain permanent
residency, if desired.
O-1 & P Visa
(Extraordinary Ability):
The O visa is for businessmen, scientists,
artists, athletes and educators of proven extraordinary ability
who are coming to the U.S. for the term of an event. Note that the
event can be a contract running several years. This section applies
also to entertainment groups.
The P visa applies to alien athletes
who compete individually or as part of a team at an internationally
recognized level, and aliens who perform with an entertainment group
that has received international recognition as outstanding for a
sustained and substantial period of time.
E Visas (Treaty-Investor
and Treaty-Trader):
The E category is especially useful
for business owners, managers, and employees who need to remain
in the United States for extended periods of time in order to oversee
or work in an enterprise engaged in trade between the United States
and a foreign state or that represents a major investment in the
United States. The two types of visas in the E category, E-1 Treaty
Trader and E-2 Treaty Investor, can be extended almost indefinitely.
General requirements for the E category
visas:
- A treaty must exist between the U.S. the foreign country;
- Majority ownership or control of the investing or trading company
must be held by nationals of the foreign country; and
- Foreign country citizenship must be held by each employee or principal
of the company who seeks E status under the treaty.
E-1
Treaty Trader:
This category further requires the following:
- The trading company must be engaged in Trade ;
- The trade must be Substantial , which is principally between the
United States and the treaty country; and
- The employee or principal must serve the company in either a Managerial
Capacity or involving Essential Skills.
E-2 Treaty Investor:
This category further requires the following:
- The investor must make an irrevocable commitment of funds that represents
and actual, active investment;
- The investment must be substantial; and
- The investment should have the intention of creating jobs.
Treaty Countries (as of October
1996) which can apply for trade (E-1) or investment (E-2):
Argentina, Australia, Austria, Belgium, Bosnia, Canada, China, Colombia,
Costa Rica, Croatia, Ethiopia, Finland, France, Germany, Honduras,
Iran, Ireland, Italy, Japan, Korea, Liberia, Luxemborg, Macedonia,
Mexico, Netherlands, Norway, Oman, Pakistan, Paraguay, Philippines,
Slovenia, Spain, Suriname, Sweden, Switzerland, Thailand, Togo,
Turkey, United Kingdom
Treaties conferring only E-1 treaty-trader status exist with the
following countries:
Bolivia, Brunei, Denmark, Estonia, Greece, Israel, Latvia
Treaties conferring only E-2 treaty-investor
status exist with the following countries:
Armenia, Bangladesh, Bulgaria, Cameroon, Congo, Czech Rep., Egypt,
Grenada, Kazakhstan, Kyrgyzstan, Moldova, Morocco, Panama, Poland,
Romania, Senegal, Slovakia, Sri Lanka, Tunisia, Zaire.
F Visas (Student Visas):
Foreign nationals can enter the United States to engage in academic
studies. The time available for the foreign national in this status
is for as long as it takes to complete the studies. The alien must
be engaged in a full course of study and most show that he has financial
resources to pay for such schooling.
J Visas (Exchange Visitors):
This category is used by foreign students, scholars, experts, medical
interns and residents, international visitors, and industrial and
business trainees to enter the United States as exchange visitors,
in U.S. government approved Exchange-Visitor Programs, for the purpose
of gaining experience, studying, or doing research in their respective
fields.
U.S. Permanent Residence Procedures
Some of the procedures available to obtain permanent residency are
:
Priority Workers:
Managerial or Executive Transferees
This category is related to the L-1 nonimmigrant visa, wherein,
if a person can show that they have worked in an executive position
outside the U.S. for over one year, and that they have been or will
be transferred to an executive position in an affiliated company
in the U.S. which has been operating for more than one year, upon
approval of the petition, permanent residency will be granted. Essential
is that the U.S. entity be active for one year or longer prior to
application.
Extraordinary Ability Aliens
This category applies to aliens who have Extraordinary Ability in
the sciences, arts, education, business or athletics. This ability
must be demonstrated through sustained national or international
acclaim, and the alien must have achievements recognized in the
field through extensive documentation.
Outstanding Professors and Researchers
This category applies to outstanding professors and researchers
who can show recognition internationally as outstanding in a specific
academic field, at least three years of experience, and either:
(1) offer of a tenured or tenure-track teaching or research position;
or (2) offer of a research position having no fixed term and n which
the employee will ordinarily have an expectation of permanent employment;
or (3) the offer of a comparable research position with a private
employer if the employer has at least three full-time researchers
and documented accomplishments in the research field.
Labor
Certification:
The Labor Certification is used when a U.S. employer offers a foreign
professional a position on a permanent basis. Such position is then
offered to other persons in the local market. If the applicants
from the local market do not meet the minimum requirements established
for the position, the position is then given to the foreigner, who
then can immediately adjust to permanent residence status. This
process usually takes between 6 to 11 months. Because of the length
of time necessary to accomplish this procedure, the foreigner usually
obtains the H-1 status or some other status so that he/she can begin
working in the U.S. During the time in which the person can legally
work in the U.S., the Labor Certification is pursued.
Employment Based Immigrant (Investor):
Those foreigners who meet all of the requirements for the employment-based
immigrant visa will obtain permanent residency in the United States
upon approval of their application. Employment- based immigrant
classification is available to alien entrepreneurs coming to the
United States to engage in a new commercial enterprise. Commercial
enterprise is defined as follows:
Any for-profit activity formed for the ongoing conduct of a lawful
business, including, but not limited to, a sole proprietorship,
partnership, ..., corporation, ..., or other entity which may be
publicly or privately owned.
The three general requirements for the Employment Based Immigrant
Classification are as follows:
a) the alien must establish a new commercial enterprise;
b) the alien must have invested, or is actively in the processing
of investing, capital in an amount generally not less than $1,000,000
(in some cases it can be less); and
c) the new commercial enterprise will benefit the United States
economy and create full-time employment for no fewer than 10 United
States citizens, permanent resident aliens, or other immigrants
authorized to be employed in the United States, other than the entrepreneur
and his or her spouse or children. There are variations available
to this requirement.
National Interest Exception:
The law permits persons to avoid lengthy labor certification process
normally required for permanent residents application through employment,
if the person can show that he or she has at least an advanced degree
in their field, and, if the INS is convinced that the person’s
immigration to the U.S. would be in the National Interest. The definition
of what work would be in the national interest has not been completely
resolved since the enactment of this part of the law in 1990. In
general, case law has found such work to include fields that would
improve the U.S. economy, improve the conditions of U.S. workers,
improve U.S. health care, and improve U.S. education.
There are several other procedures available, including visas for
professional nurses, those who perform religious work, and others.
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