The bill is expected to make sweeping changes across the board to the United States immigration, visa, and border control system, including reversal and Congressional prohibition of many of the immigration-related executive actions of President Donald Trump; providing a path to legal residence and eventual citizenship for as many as 11 million undocumented immigrants in the United States, as well as current DACA dreamers and Temporary Protected Status beneficiaries, essential workers on a non-immigrant status, and agricultural laborers; recreating the V visa program to allow families to await immigrant visa approval together in the US; ending country-specific visa annual maximums; granting immediate relative status to spouses and children of green card holders; and other changes.
We offer solutions to VISA applications
There are dozens of different visas available in the U.S, divided in several categories. Oxford International Law Firm summarized the ones we feel are the most important to our clientele. If there is a visa you are interested in, but not listed here, let us know!
Two categories of visas are offered by the USCIS:
In this category the petitioner applies for a visa, and once approved he will be able to stay in the country for a certain period. Before that period listed on his visa expires, the person must leave the US.
It’s always in the best interest of the Visa holder to leave the US few days prior to the expiration date to avoid denial of entry in the US on a next time visit to the country.
In this category there a few visas. Some are considered investment visas, others based on extraordinary abilities or achievements of the candidate.
See the options below
According to USCIS, the L-1A visa nonimmigrant classification enables a US employer to transfer an executive or manager from one of its subsidiaries overseas to one of its offices in the US. The employer can also bring an executive or manager to establish an affiliated office in the US. The American company will then file a petition for that employee.
As an L-1 Visa holder you can apply for a green card using the EB-1C category. Therefore, if you were already appropriately employed by the sponsor company before entering the U.S., you can apply for a green card immediately.
The E-2 nonimmigrant category allows individuals from countries with which the United States maintains a treaty of commerce, to enter the US when investing a considerable amount of capital in a US business.
Special Ability O-1
This visa is for individuals with extraordinary ability in the sciences, arts, education, business or athletics or has showed a history of extraordinary achievements in the motion picture or television industry, with national or international recognition.
There are two different classifications:
O-1A – Candidates with extraordinary ability in the sciences, education, business, or athletics.
O-1B – Candidates with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry.
In these two categories, the beneficiary must be coming temporarily to the US and continue the work in the area of the extraordinary ability that he/she was nationally or internationally acclaimed.
In the O-1A category extraordinary ability is a level of expertise indicating the person is part of a small percentage who has obtained great success in the field. In the O-1B category is a level of distinction, to the extent the person can be described as well-known in the field of arts.
Any Questions? Talk to one of our VISA specialists today.
An immigrant visa is issued to a foreign national who intends to live and work permanently in the United States. In most cases, a relative or employer sponsors the individual by filing an application with U.S. Citizenship and Immigration Services (USCIS). Certain applicants such as workers with extraordinary ability, investors, and certain special immigrants can petition on their own behalf.
The application is later forwarded to the appropriate U.S. Consulate or Embassy overseas for continued processing and issuance of the immigrant visa to the intending immigrant, if eligible. An intending immigrant must present the immigrant visa at a U.S. port-of-entry prior to the expiration of the immigrant visa. An intending immigrant becomes a lawful permanent resident once the immigrant visa and accompanying paperwork is reviewed and endorsed by a CBP Officer.
Standard minimum investment is $1.8 million. In areas known as targeted employment area (TEA), the investment is $900 thousand dollars.
TEA areas are locations where at the time of the investment was a rural area or with unemployment of at least 150 percent of the national area.
Special Ability EB-1
Must be able to demonstrate extraordinary ability in the fields of sciences, arts, education, business or athletics with sustained national or international acclaim.
Outstanding Professors and Researchers
Must demonstrate international achievement in a specific academic field.
Multinational Manager or Executive
Worked as an employee for the same employer, outside the US for at least 12 months of the preceding 3 years; must enter the US to continue working for the same organization.
Special Ability EB-2
The job requires an advanced degree (equivalent to an US master’s degree) or a bachelor’s degree plus 5 years work experience in the field.
Prove exceptional ability: being an individual with expertise above that found in the field of the sciences, arts, or business.
National Interest Waiver
In this category the candidate requests the Department of Labor to waive the Labor Certification, because it is in the interest of the US to have the candidate working permanently in the US.
Special Ability EB-3
Individuals whose jobs requires a minimum of 2 years of training or work experience. Must be performing work which there are no qualified US workers available.
Needs a US bachelor’s degree or foreign equivalent to one. The degree should be the regular one to enter the occupation. Must be performing work which there are no qualified US workers available.
Jobs require less than 2 years’ experience or training, considered unskilled labor. Seasonal or temporary jobs do not qualify.
Temporary Protected Status (TPS)
When conditions in a country temporarily prevent the country’s nationals from returning safely, the Secretary of Homeland Security may designate a foreign country for temporary protected status (TPS).
USCIS may grant TPS status to eligible nationals of certain countries who are in the USA. Some conditions may allow the country to be designated TPS:
- Armed conflict such as civil war
- Environmental disaster
- Other extraordinary conditions
TPS status does not lead to lawful permanent resident status, however it does not prevent holders to apply for nonimmigrant status, filing adjustment of status-based on an immigrant petition or applying for any other benefit or protection one may be eligible.
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Investment Visa: L-1
- The American company must have a qualifying relationship with the foreign company
- Company must be doing business as an employer in the US and foreign country.
- The candidate must be working with the foreign company for at least 12 months in the last 3 years.
- Provide service in the US as an executive or manager
- Visa is given in increments of 1, 2 or 3 years, maximum stay of 7 years.
Investment Visa: E-1
- Be a citizen of a country in which the US maintains a commerce treaty
- Have invested a substantial amount of funds in an American company
- Will enter the US to develop and manage the business, with enough revenue to provide a minimal living for the investor and family.
- Own at least 50% of the business shares
- Initial stay of 2 years, extension 2years, no maximum number of extensions.
Special Ability: O-1
- Filed no more than one year prior to the need of the candidate’s service, at least 45 days prior to start of services.
- Will need an employer
- Valid for up to 3 years, with one-year increments
- The TEA designation will be determined by USCIS
- Make the necessary investment in a commercial enterprise in the United States; and
Plan to create or preserve 10 permanent full-time jobs for qualified U.S. workers.
- Capital investment must be from licit source and the immigrant investors must prove they are the legal owner of the money invested.
Extraordinary Ability: EB-1
- All achievements must be documented with extensive documentation.
- No employment offer is needed – self petition.
- There are 10 criteria and 3 must be met. Or provide evidence of a one-time achievement such as a Nobel prize or an Oscar, for example.
Outstanding Professors and Researchers: EB-1
- At least three years’ experience in teaching or research in that academic area.
- Enter the US to teach or to do research at a university.
- Must have a job offer of a prospective employer in the US.
- Documentary evidence of a list of 5 items, present at least 2
Multinational Manager or Executive: EB-1
Employment outside the US in an executive or managerial capacity.
The employer must have been doing business for at least one year in the US.
Must work in an executive/managerial capacity.
Advanced Degree: EB-2
- Advanced degree or a bachelor’s degree plus 5 years’ experience.
- Proof of the 5 years’ work experience.
- Needs an employment offer.
- Must obtain a labor certification from the Department of Labor.
Exceptional Ability: EB-2
There are 7 criteria in this category and the candidate must meet at least 3.
Needs an employment offer.
Must obtain a labor certification from the Department of Labor.
National Interest Waiver: EB-2
There are 7 criteria and the candidate must meet at least 3.
It must of national Interest to have the alien’s permanently in the country.
No need for an employment offer, since it is a self-petition visa.
No need for a Labor Certification.
Skilled workers: EB-3
Permanent full-time job offer is required.
Work experience may not be substituted for a bachelor’s degree.
Permanent full-time job offer is required.
Unskilled Workers: EB-3
Permanent full-time job offer is required.