An EB4 is an immigrant visas reserved for foreign workers immigrating to the US to perform duties of a religious worker. Applicants must prove that:

i) they are a member of a religious denomination for at least 2 years,

ii) who will work at a qualified organization,

iii) as a minister

“Religious denomination” is defined as a religious group or community of believers having some form of ecclesiastical government, a creed or statement of faith, some form of worship, a formal or informal code of doctrine and discipline, religious services and ceremonies, established places of religious worship, or comparable indicia of a bona fide religious denomination. The definition is not narrowly construed. For example, being a member of a Buddhist monastery would be considered for membership of a religious denomination. Even a tax-exempt inter-denominational religious organization may be treated as a religious denomination. Membership duration may be established by sworn statements from other members.

A “minister,” is defined as a person authorized by a denomination to perform religious worship. An authorizing official of the denomination in the US must declare the worker’s qualifications; therefore, a lay preacher cannot be authorized.

Process of Obtaining an EB4 Visa

Unlike other employment based categories, the quota for EB4 class petitions generally is never met; therefore, a visa or change of status to EB4 can be obtained as soon as the petition is approved. EB4 cases do not require any test of the US job market either. The process can be completed in a matter of months.

Advantages and Limitations of an EB4 Visa

An advantage of the EB4 over the other EB petitions is that no job offer is required. As previously mentioned, the process for obtaining EB4 status is much faster than other employment based green card petitions.

While this category used to be open to a wider variety of religious workers, it has unfortunately been reduced only to those working as ministers. Therefore, not all those in R-1 status may be eligible to adjust status under EB4.

California Immigration Attorney Role in an EB4 Visa Petition

Establishing eligibility for EB4 visas can be a challenge. Even in cases where a petition includes the necessary documents, they must be presented in a logically organized format so that the immigration officer reviewing the case is lead to make a favorable decision, particularly when the denomination is not a mainstream. Knowledge of what the immigration service or department of state expects to receive from the petitioner is essential to success.

Contact Our Iranian EB4 Immigration Lawyer:

To discuss EB4 visa petitions and other alternatives with an experienced California immigration Attorney from the Aria Law Group, feel free to contact us by email or call us at (650) 391-9630.

In 1991, Congress created the EB-5 visa program to benefit the U.S. economy and create new jobs by encouraging foreign nationals to invest in the U.S.  To qualify for an EB-5 visa, the individual must establish that (1) he or she is coming to the U.S. to invest in a new commercial enterprise, (2) the investment occurred after November 29, 1990 (the date the EB-5 program became effective), and (3) this ongoing enterprise will benefit the U.S. economy.

California Iranian EB-5 Lawyer & EB5 Procedure:

Once granted an EB-5 visa, the individual, his/her spouse and children (under 21) are automatically granted conditional residency, which becomes permanent after 2 years.  After 5 years in EB-5 status, an individual can apply for U.S. residency.   There are 10,000 EB-5 visas available each year – 3,000 of which the USCIS sets aside for individuals who invest in approved “targeted employment” areas.  “Targeted employment” typically refers to rural areas or areas that suffer from extremely low employment rates; each State’s Department of Commerce publishes a list of approved “targeted areas.”

Requirements

Generally, an individual must meet 3 requirements for an EB-5 visa:  (1) the individual must invest in either a new or existing commercial enterprise; (2) the individual’s total investment must be $1,000,000; and (3) the new commercial enterprise creates at least 10 full-time jobs for U.S. workers.

An individual can invest in a “new commercial enterprise” in three ways.  One, the individual can create a new business.  Two, the individual can purchase an existing business provided that the individual immediately restructures or reorganizes the existing business to create a new commercial entity.  Finally, the individual can expand an existing business by infusing it with a substantial amount of capital resulting in a 40% increase in either the business’s value or total number of employees.

·         Though the USCIS generally requires an individual to invest $1,000,000, a $500,000 investment may satisfy the requirement if it is in an approved “targeted employment” area.  Furthermore, it is critical that the individual actively participates in the business endeavor instead of merely being a passive investor.  For example, an individual may satisfy the “active investment” requirement if he or she purchases a warehouse and converts it into an auto body repair shop.  However, if the individual merely purchased the warehouse without doing more, then he or she will likely be considered a passive investor and subsequently denied EB-5 status.

·         The investor can hire U.S. citizens, permanent residents, or immigrants with work authorization to fill the job openings.  Although the individual’s spouse and children can work at the individual’s business, the USCIS does not consider them in assessing whether the individual’s business meets the minimum statutory requirement.

·         Where multiple immigrants pool their money together to invest in a commercial enterprise, each person’s individual investment in the enterprise must be $1,000,000.  However, the USCIS does not require each individual investor in a commercial enterprise to meet the 10-job statutory requirement as long as the enterprise itself creates 10 or more jobs.  For example, three immigrant investors can qualify for an EB-5 visa if each contributes $1,000,000 and the resulting business creates 12 jobs.  Because the 12 jobs satisfy the USCIS requirements, all three investors have met the statutory requirement.

Iranian EB5 Immigration Lawyer & Filing Procedures:

To apply for an EB-5 visa, an investor must file a Form I-526 (Immigrant Petition by Alien Entrepreneur), pay the required fees, and submit documentation supporting the individual’s I-526.  These documents must evidence the individual’s intent to invest in and maintain a new commercial enterprise, and can include:

·         Financial statements detailing that the individual’s capital came from a lawful source;

·         A business plan evidencing the individual’s continued involvement with the new business, including the individual’s duties and responsibilities;

·         Lease or purchase agreements for the new enterprise;

·         Escrow account statements;

·         New employment opportunities created by the qualifying enterprise. There are no minimum requirements for education, work experience, age, or English speaking abilities.

Note that the EB-5 visa does not require the individual to work in the same area as the individual’s investment, as long as the individual remains actively involved in the new business – i.e. an individual can reside in California and remain active in an out-of-state enterprise.

Contact Our Iranian EB5 Lawyer:

To discuss EB5 visa petitions and other alternatives with an experienced California immigration Attorney from the Aria Law Group, feel free to contact us by email or call us at (650) 391-9630.

E1 Visa Immigration Attorney and Qualified Person

An E-1 is a visa for a foreign national of a “treaty trader” country, coming to the US to carry on substantial trade occurring principally between the US and the foreigner’s country of nationality. This visa may also be obtained by key employees of the business. Key considerations include: i) whether the foreigner is a national for a country that has an E-1 trade treaty, ii) that the business is 50% owned by foreigners of the treaty country, iii) that the foreigner is either a 50% owner or a key employee of the company, iv) that and that the company’s trade is “substantial.”

If the foreign national’s country is not on this list of Treaty Country, then E1 Visa is not an option.

Establishing that at least 50% of the US business is owned by eligible foreigners obviously depends on the nationality of the owners. Interestingly enough, however, is that if one of the owners is a US lawful permanent resident, that person’s ownership is not considered to be that of a foreigner, even if that person is a citizen of a qualifying treaty trade eligible country.

While an owner who owns at least 50% of the US business is eligible for E1 Visa, “key employees” are also eligible. A key employee must prove that they are either an “essential skills” worker whose skills are essential to the trading enterprise or key executives.

Condition of Obtaining an E1 Visa

Unlike H-1B visas there is no quota on the number of E1 visa which may be issued every year; therefore it can be obtained any time of the year. Premium processing, in which the petition will be processed within 15 calendar days, is also available.

Advantages and Limitations of an E-1Visa

E1 Visa does not require any specific educational background. You may also travel in and out of the US or remain in the US continuously until your E-1 visa expires. The E-1 visa may initially be valid up to 5 years, with the possibility of 2 year extensions. The duration of status, however, can only be for a maximum of 2 years, which means that the E-1 visa holder has to depart the US and reenter to extend their status or apply for an extension of status by filing such an application in the US.

Iranian E1 Visa Immigration Lawyer Role in an E-1Visa Application

E-1 visa applications are difficult to document and can be painstakingly time intensive. Proving “substantial trade” is also especially challenging when the amount of trade is not toward the higher end. In such cases, a strong argument must be made that such trade is substantial in the particular business based on the nature of the trade. Knowledge of what the immigration service or department of state expects to receive from the petitioner is essential to success. In some consulates, there are particular formatting requirements that if the applicant fails to meet, the case will be immediately rejected.

Contact Our Iranian E1 Visa Immigration Lawyer:

To discuss E1 visa petitions and other alternatives with an experienced California immigration Attorney from the Aria Law Group feel free to contact us by email or call us at (650) 391-9630.

H-1B is the most popular work visa in the H class of non-immigrant visas.  In general, an H-1B visa is for a foreign worker coming to the US to temporarily perform services in a specialty occupation for a US employer. Of paramount concern is i) whether the job is in “specialty occupation,” ii) whether the worker has the qualifications, and iii) whether the employer is a “US employer.”

A “specialty occupation” is simply one where at least a US Bachelor’s degree (or foreign equivalent) in a specific discipline is required for the job. So how do Our Iranian H1B Visa Immigration Lawyer determine whether a specific type of Bachelors degree is required for the job? Generally, At Aria Law Group our California Immigration Lawyer have to research sources that the immigration service considers authoritative, which specifically state that a Bachelor’s degree in a specific field is required. For example, it is clearly established that a Financial Analyst requires a Bachelor’s degree in Business Administration or a related field. In cases where authoritative sources are not clear whether the job requires a specific type of degree, the Immigration and Nationality Act (INA) dictates that there are alternate methods to prove that the specific job offered indeed requires a degree.

Sometimes the worker does not have the precise educational qualifications for the job, but this is not fatal to the application; there are alternatives. Those with Associates degrees, or even no degree at all, can be qualified as having the equivalent of a Bachelor’s degree when proving that they have the experience to make up for the years of education that they lack. There are also additional requirements which the visa applicant must establish, such as expertise in the field. Also, in some cases, the individual has a Bachelor’s degree that is incongruous to the job offered. Such issues may be effectively resolved by an experienced and creative Iranian Immigration lawyer.

Iranian H1B Visa Immigration Lawyer will assist you with the petition:

The petition itself is made by a “US employer.” Basically, a US employer is a company that possesses a tax ID number. However, the Immigration Service will also expect the employer to prove that it is positioned to offer the job. The employer must establish that it will pay at least the prevailing wage, and that the nature of its business is such that it would be able to offer the job. For example, a small computer repair shop would have a hard time proving that they would need a market research analyst.

Process of Obtaining an H-1B Visa

H-1B visas are generally rationed out every year, starting on October 1st, and the earliest one may file for an H-1B visa is April 1st. In previous years, the quota for issuing H-1B visas was met in the first week of April, but in some instances, notably for the 2010 fiscal year cap, H-1B visas were available up until December. There are limited exceptions to the quota.

Contact Our Iranian H1B Visa Immigration Lawyer:

To discuss H-1B visa petitions and other alternatives with an experienced Iranian immigration Lawyer from the Aria Law Group, feel free to contact us by email or call us at (650) 391-9630

An L1A Visa is a visa is for a foreign worker coming to the US to perform services in a managerial or executive capacity for a US branch of a multinational company. In the broadest terms, the petitioner must establish i) that it is a qualified organization, and ii) that the worker is qualified as an executive or manager.

An organization is qualified if it is a US affiliate parent or subsidiary of a foreign business entity. The terms “affiliate,” “parent,” and “subsidiary” are defined by immigration regulations, and not by their generic meaning. There are additional documentary requirements which the organization must meet if it is a “new office” which our Iranian L Visa Immigration Lawyer assists you. Some of these additional documentary requirements include production of a business plan and proof of sufficient premises to house new offices which our experienced California Immigration Lawyer assists our clients preparing these documents.

A worker is qualified for the L1A visa if the person has worked for the foreign counterpart of the US organization for at least one of the past three years in an executive or managerial capacity. The terms “executive” and “managerial” are also specifically defined by immigration regulations, although the definition is intuitively logical.

L1B Visa

An L1B Visa is a visa is for a foreign worker coming to the US to perform services in as a worker applying specialized knowledge for a US branch of a multinational company. In the broadest terms, the petitioner must establish i) that it is a qualified organization, and ii) that the worker is occupation requires the application of “specialized knowledge.”

An organization is qualified if it is a US affiliate, parent or subsidiary of a foreign business entity. The terms “affiliate,” “parent,” and “subsidiary” are defined by immigration regulations, and not by their generic meaning. There are additional documentary requirements which the organization must meet if it is a “new office” which has been functioning for less than one year. Some of these additional documentary requirements include production of a business plan and proof of sufficient premises to house new offices.

A worker is qualified for the L1B visa if the person has worked for the foreign counterpart of the US organization for at least one of the past three years in a “specialized knowledge” capacity. The term specialized knowledge is very different from “specialty” as defined by immigration laws related to H-1B Visa. Specialized knowledge, as defined by immigration laws, can generally be understood as being synonymous with proprietary — something unique about the petitioning employer’s product, service, or management style, for example. This classification was created for companies which require unique in-house training not readily available in the American job applicant pool.

Contact Our Iranian L Visa Immigration Lawyer

To discuss L1A Visa/L1B visa petitions and other alternatives with an experienced California immigration Attorney from the Aria Law Group, feel free to contact us by email or call us at (650) 391-9630.

The P visa classification is divided into P-1, P-2, and P-3 sub-categories. A P-1 visa is specifically for an athlete or entertainer coming to the US to perform in either a competition or with as a member of a foreign-based entertainment group recognized internationally as outstanding in the discipline for a substantial period of time. A P-2 visa is for foreigners coming to the US to perform as an artist or entertainer under a reciprocal exchange program between an organization in the US and an organization in another country. P-3 visa is for foreigners coming temporarily to perform, teach, or coach in the arts or entertainment fields in a culturally unique program.

A few examples of those who may be in the US in P-1A status include tennis players, hockey team players, and soccer team players. Essentially, those who might not be qualified under O-1, such as amateur athletes, may consider P-1A. A few examples of those who may be in the US in P-1B status include rock bands, jazz bands, circus groups and performers, and trainers. P-2 examples are similar to those of P-1A, but require that there is an exchange between persons of comparable experience and talent. Some examples of P-3 visa holders may include a singing group dealing with cultural music indigenous to their home country. Finally, a “written consultation” is generally required for all P class visas.

Process of Obtaining P Visa:

Unlike H-1B visas, there is no quota on the number of P visas which may be issued every year, therefore it can be obtained any time of the year. Premium processing, in which the petition will be processed within 15 calendar days, is also available.

An advantage of the P visa is that it may be renewed indefinitely, for as long as the person is needed. P visa is also considered a “dual intent” visa, meaning that you may have immigrant visa petitions (Green Card) pending, and still have no problem in applying for P visa extensions. Also, as previously mentioned, P visas are available year-round.

A limitation of the P visa is that your dependents are unable to obtain work authorization.

Documenting P visa petitions requires meeting precise criteria with proper documentation which a skilled our California Immigration Lawyer is able to evaluate. Furthermore, if an improper or less than ideal written consultation is provided, the processing of the petition may be delayed or denied. A skilled professional is able to evaluate whether a P visa is the best option.

Contact Our Iranian P1 Visa Immigration Lawyer:

To discuss P visa petitions and other alternatives with an experienced California immigration lawyer from the Aria Law Group, feel free to contact us by email or call us at (650) 391-9630.

R1 visas are specifically for foreign workers coming to the US to perform duties of a religious worker. Applicants must prove that:

i) they are a member of a religious denomination for at least 2 years,

ii) who will work at a qualified organization,

iii) as either a minister, a religious professional, or in another religious vocation.

The most typical R1 worker is a “minister,” which is defined as a person authorized by a denomination to perform religious worship. An authorizing official of the denomination in the US must declare the worker’s qualifications; therefore, a lay preacher cannot be authorized.

A “religious professionals” is an individual who will work in a professional capacity in a religious vocation or occupation. The key consideration is “professional capacity,” meaning that the religious vocation requires at least a US Bachelor’s degree or foreign equivalent for entry into the religious profession. Work experience can be given consideration to make up for a lack of formal education.

Finally, “other religious workers” include “religious occupation workers” which are those who perform a traditional religious function, which may include religious instructors, missionaries, translators, and religious health care workers. Donation solicitors, clerks, or any other jobs which are not inherently religious in nature, are not qualified. Religious occupation workers may be employed by non-profit organizations specifically affiliated with a religious organization. “Religious vocational workers” are also qualified, however, even if such a worker’s job is not inherent in nature. “Religious vocation” means that the person has committed themselves to a calling to religious life based on a specific demonstration of religious commitment. Formally taking vows, for example, would qualify. Monks or nuns serving their church are typical examples of religious vocation workers.

Unlike H-1B visas, there is no quota on the number of R-1 visas which may be issued every year, therefore it can be obtained any time of the year. Premium processing, in which the petition will be processed within 15 calendar days, is also available.

An advantage of the R-1 visa over work visas like H-1B is that it does not necessarily require any specific educational background, unless you are seeking admission as a religious professional. You may also travel in and out of the US or remain in the US continuously until your R-1 visa expires. The R-1 visa may initially be valid up to 30 months, with the possibility of a single 30 month extension. The R-1 visa is a “semi-dual intent” visa. When obtaining the visa from a US consulate or embassy, the R-1 visa holder should not express intent to immigration, but does not necessarily have to maintain a foreign residence. R-1 visas may be extended even if there is a green card petition, and R-1 may be considered a path to a green card where an EB-4 petition for a religious worker is filed.

There is a 5 year limit on R-1 status, unless if the employment is seasonal for no more than a 6 month duration per year. After the 5 year limit is met, the R-1 worker would have to leave for 1 year before readmission. Another limitation is that dependents in the US are able to obtain work authorization.

Contact Our Iranian R1 Visa Immigration Lawyer:

To discuss R1 visa petitions and other alternatives with an experienced California immigration lawyer from the Aria Law Group, feel free to contact us by email or call us at (650) 391-9630.