Many DACA Work Authorizations Issued after February 5, 2015 Were Improperly Issued by USCIS For years, if not for a decade or more, there have been increasingly urgent calls for immigration reform in the United States. Proponents of reform believe that the immigration status of millions of Americans should be clarified so that individuals and businesses can proceed with certainty in their employment opportunities & offers and other endeavors. One particularly sympathetic group of immigrants are the children of undocumented immigrants who came to the United States while they were extremely young or were born here. These “Dreamers” lived their childhoods in the United States, identify with American culture, and have built their lives in this country through no fault of their own. Read more
Understanding The Classes of EB Visas for Permanent Workers U.S. Citizenship and Immigration Services (USCIS) is authorized to issue about 140,000 immigrant visas to individuals intending to immigrate on the basis of their employment or job skills. Employment-based immigration visas are known as the EB series of visas. They provide immigrants with a pathway to a green card and to citizenship. They are contrasted by the E, H, and other series of temporary worker visas that do not typically provide a pathway to citizenship. Read more
Employers Must Comply With a Labor Certification Process for Many Work Visas For those who wish to live and work in the United States permanently on the basis of their employment or job skills, the Employment Based (EB) series of visas provides the most direct, and traditional pathway to green card holder status and citizenship. For many intending immigrants seeking to put down roots in the United States, satisfying the labor certification process is the first step towards a green card. For immigrants seeking to immigrate to the U.S. on the basis of a familial relationships, labor certification is not required. Once the intending immigrant has received labor certification approval, the petition sponsored by the employer and advanced on the worker’s behalf can be filed. Read more
Can an Intending Immigrant Worker Obtain a Green Card Through Self-Petition? Foreign nationals and aliens can generally secure a pathway to citizenship through one of two immigration processes: family-based immigration and employment-based immigration. Immigrants who avail themselves of either process typically require an employer or family member to file a petition on their behalf. However, there are some instances where a petition by a third party is not necessary. However these scenarios are rather limited to individuals possessing extraordinary ability or those individuals who can qualify for a National Interest Waiver (NIW). In some limited circumstances, immigrants who qualify through family-based immigration may be able to self-petition under the Violence Against Women Act (VAWA). Read more
Orlando Immigrants: Beware of the Unlicensed Notario Scams Individuals seeking to immigrant to the United States must satisfy a significant number of both substantive and procedural hurdles to achieve their immigration goals. The U.S. immigration process can be complex, intimidating, and quite different from the immigrant’s expectations. Thus, it is not surprising that while immigrants embrace the United States with open arms, they may seek first help from individuals sharing a similar cultural background or who have gone through similar experiences. Read more
How Can an EB-5 Entrepreneur Remove Conditions on His or Her Green Card? Many foreign entrepreneurs and certain family members of the entrepreneur can avail themselves of the pathway to citizenship that the EB-5 immigrant Investor Visa can offer. However, unlike many other pathways to citizenship, the green card initially provided by this program is merely conditional. This means that, absent a petition to remove conditional status, the conditional green card will expire after two years. However, immigrants who can prove that they have satisfied the conditions attached to the EB-5 program will be granted non-conditional legal permanent resident status. Read more
Can A Troubled Business Be Approved for an EB-5 Visa? Foreign nationals with significant resources who are seeking a pathway to citizenship are likely aware of the EB-5 visa program. The program is intended to attract immigrants with resources and skills that can help drive economic and job growth. In fact, the conditions of the program require an immigrant investor to make a minimum investment of $500,000 or $1 million into a new commercial venture to create at least 10 full-time jobs for Americans. Read more
How Long Does it Take for an L-1 Visa to Be Approved? Most government organizations aren’t exactly known for their speedy paperwork turnaround. If you’ve recently filed an application for an L-1 Visa, you’re probably anxious to know what sort of waiting period you can expect. In this article, we’ll go over average application processing times, how to expedite processing with USCIS’ Premium Processing program, how to check the status of your petition, and what to do if your application is denied. Read more
Can an EB-5 Investment Be a Loan? The EB-5 immigrant investor visa is part of the Immigrant Investor Program that was created by an act of Congress in the early 1990s. The Act was intended to stimulate economic growth and development within the borders of the United States by providing a pathway to citizenship for foreign entrepreneurial investors. The program has widely been hailed as a success both for the United States and the individual investors and it has been reauthorized each year since its 1992 pilot program. Read more
What Happens if an EB-5 Investment Fails? The ultimate purpose of the EB-5 Visa (Immigrant Investor Program) is to stimulate the United States economy by promoting job growth through the investment of foreign capital in U.S. companies. Toward meeting this objective, U.S. Citizenship and Immigration Services (USCIS) requires EB-5 investors to invest amounts ranging from $500,000 to $1,000,000, or to invest in specific Regional Centers. But what are the consequences if the investment falters? Read more
Guide to the L-1 Visa Appeals Process Being approved for an L-1 Visa can be a challenge. Between demanding evidentiary requirements and documented increases in both denial rates and requests for evidence (RFEs), significant numbers of petitioners will receive denial notices from USCIS, or U.S. Citizenship and Immigration Services. However, a rejection doesn’t necessarily mean the matter is closed: if your L-1 petition is initially denied, you may be able to appeal the decision with assistance from an attorney. Read more
Are There Certain Special Job Categories to Obtain a Green Card? Many intending immigrants are often eager to know whether they can qualify for permanent resident status due to their employment in a specialized job category. While there are a number of specialized job categories that can lead to legal permanent resident status, the categories are narrowly tailored. Those who wish to qualify for a Green Card through their employment must be able to satisfy both timing requirements and individualized requirements or characteristics the intending immigrant must be able to meet. Read more
Do You Qualify for an EB-5 Visa? The EB-5 visa is an immigrant visa that can allow the citizens of foreign nations to obtain admittance to the United States and provides a pathway to citizenship if they invest a substantial amount of capital into a new U.S. commercial enterprise. For these reasons this visa is sometimes called a foreign investor’s visa or an entrepreneurial visa. However, those who wish to qualify for this visa type must meet certain characteristics and requirements and the investment must also meet certain standards. The experienced immigration attorneys of Colombo & Hurd can explain the process to prospective immigrant investors and handle all aspects of your immigration filings. Read more
May the Spouse of an L-1 Visa Holder Work in the U.S.? While the L1-A visa or L-1B visa are considered non-immigrant employment-based visas, there is a myriad of immigration considerations raised by the granting of an L-1 series visa. The worker granted L1 worker status may be concerned about the things that he or she can and cannot do while in the United States. As part of these concerns, the visa-holder may wonder if his or her spouse and children are permitted to accompany the worker to the United States. And if so, the worker may also wonder if his or her spouse will be permitted to work while living in the country. Read more
How to Convert an L1-B Visa to an L1-A Both the L1-B and L1-A visas are non-immigrant employment-based visas that allow a foreign national to live and work in the United States for a defined time period. At the expiration of the visa, the foreign national must new grounds for remaining in the United States or he or she must return to their home country. However, for many foreign nationals working in the United States their L1-A status may expire prior to the completion of their project or job duties in the United States. These or other circumstances may lead a foreign national to consider whether his or her L-1B Status could be converted to L1-A visa status such that the individual can continue to live and work in the United States. While a conversion is possible, the likelihood for success is based on the characteristics of the individual and whether they can satisfy the L1- visa requirements. Read more
Do You Qualify for an E-2 Visa? The E-2 Visa was designed to grant foreign nationals U.S. entry for the purpose of fostering business and the U.S. economy. Depending on factors like your country of nationality, the scope of your investments in U.S. enterprises, and the extent to which you control those enterprises, you could be eligible to obtain an E-2 Visa through the help of an E-2 visa attorney. In this article we’ll explain the E-2 Visa eligibility requirements, including the list of treaty countries approved by USCIS, bona fide enterprises, and substantial versus marginal investments. Read more
What’s the Difference Between an H-1B and an L-1 Visa? The H-1B Visa and L-1 Visa are both non-immigrant visas which permit employers to legally bring certain types of employees and specialists into the United States on a temporary basis. However, there are many significant distinctions between the L-1 and the H-1B with which workers and employers should familiarize themselves. Having a basic knowledge of the fundamental differences will help you keep your application efforts as focused and efficient as possible. In this blog post, our L-1 Visa attorneys will explain the eligibility criteria for H-1B and L-1 Visas, and explore some of the pros and cons associated with each. Which is the right choice for you? Read more