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IMMIGRATION

Immigration could involve complex and difficult processes given the labyrinthine backdrop of modern immigration law. And more often than not, time is crucial in this area of law. Our team delivers highly personalized, up-to-date, top-quality and comprehensive advice to our clients. We counsel on a broad range of issues and handle all phases of immigration matters. We continue to successfully represent and advise our individual and corporate clients throughout the United States and abroad.

Immigrant Visas give a foreign national permanent residence status in the United States. An immigrant visa allows him to reside and work permanently in the U.S. as well as to travel. He will be qualified to apply for citizenship after five (5) years.

IMMIGRANT VISAS

EMPLOYMENT BASED

A U.S. employer may petition a foreign national employee based on a bona fide “offer of employment” approved by the Department of Labor. Different types of visas in this category include the following:
 

EB-2 Professionals with advanced degrees or Persons with exceptional ability

  • Exceptional ability in the sciences, arts or business

  • Advanced degree professionals

  • Qualified alien physicians who will practice medicine in an area of the U.S. which is underserved.
     

EB-3 Skilled or Professional workers

  • Professionals with bachelor’s degrees (not qualifying for a higher preference category)

  • Skilled workers (minimum two years training and experience)

  • Unskilled workers
     

EB-4 Special Immigrants

  • Religious workers

  • Employees and former employees of the U.S. Government abroad
     

PERM-PERMANENT LABOR CERTIFICATION

A permanent labor certification issued by the Department of Labor (DOL) allows an employer to hire a foreign national employee to work permanently in the U.S. In most instances, before the U.S. employee can submit an immigrant petition to the Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS), the employer must acquire a certified labor application from the DOL’s Employment and Training Administration (ETA). The DOL must certify to the USCIS that the employment of the foreign worker will not adversely affect the wages and working conditions of similarly situated U.S. workers.
 

EXTRAORDINARY ABILITY & NATIONAL INTEREST WAIVER

Foreign nationals who are at the very top of their respective fields may obtain permanent residence status by demonstrating extraordinary ability and it will inure to the benefit of national interest.

  • Extraordinary ability in the sciences, arts, education, business or athletics

  • Outstanding professors or researchers

  • Managers and executives subject to international transfer to the United States
     

FAMILY BASED

The petition is filed either by a U.S. citizen or U.S. lawful permanent resident relative.

Immediate Relatives of U.S. Citizens (IR)

These types of immigrant visas are based on a close family relationship with a U.S. citizen, including spouses, children, and parents. Additionally, a U.S. citizen can sponsor a child adopted or to be adopted from abroad, if that child meets the definition of orphan as provided for in immigration law. Family members of United States citizens (not Legal Permanent Residents) can file Immediate relative Petitions. For immigration purposes, Immediate Relative classifications include:

  • Spouse of a U.S. Citizen

  • Unmarried Child Under 21 Years of Age of a U.S. Citizen (IR-2)

  • Orphan adopted abroad by a U.S. Citizen (IR-3)

  • Orphan to be adopted in the United States by a U.S. citizen (IR-4)

  • Parent of a U.S. Citizen who is at least 21 years old (IR-5)
     

Limited Family-Based Immigration

These types of immigrant classifications involve specific, more distant, family relationships with a U.S. citizen and some specified relationships with a Lawful Permanent Resident.

  • Family First Preference (F1): Unmarried sons and daughters of U.S. citizens, and their children, if any.

  • Family Second Preference (F2): Spouses, minor children, and unmarried sons and daughters (over age 20) of lawful permanent residents.

  • Family Third Preference (F3): Married sons and daughters of U.S. citizens, and their spouses and children.

  • Family Fourth Preference (F4): Brothers and sisters of United States citizens, and their spouses and children, provided the U.S. citizens are at least 21 years of age.

 

INVESTMENT BASED

A foreign national willing to invest [$900,000 in a targeted employment area (area that experienced unemployment of at least 50% of the national average rate) or a rural area as designated by the Office of Management and Budget or $1,800,000] in an existing business or a new commercial enterprise will be qualified for this visa. The business must create full time employment for at least ten (10) U.S. workers. The foreign national investor, his spouse and his unmarried minor children can obtain permanent residence based on the ongoing business concern.

 
 
 

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Email: dvoicu@voicunicalaw.com  / fnica@voicunicalaw.com
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