Immigration

An EB1A is an immigrant visa in the EB1 category that is reserved for foreign workers of extraordinary ability in the sciences, arts, education, business or athletics. There is only one criterion, which is to establish “sustained national or international acclaim.”

The standard for EB1A is high, and reserved for those who have proven to be amongst to top few percent in their field. Immigration laws have set out specific criteria to allow the foreign worker to prove “sustained national or international acclaim.” The easiest way to prove eligibility is to show that you possess a major international award of renowned repute.

Advantages and Limitations of EB1A Green Card

An advantage of the EB1A over the other EB1 petitions is that no job offer is required. As previously mentioned, the process for obtaining EB1 status is much faster than other employment based green card petitions.

The immigration service is hesitant to approve EB1A cases. Often, an EB2 or EB3 petition is a better, more realistic option.

Contact Our Iranian EB1 Immigration Lawyer:

To discuss EB1A petitions and other alternatives with an experienced Iranian EB1 immigration Lawyer from the Aria Law Group, feel free to contact us by email or call us at (650) 391-9630.

EB1B Green Card and Qualified Person

An EB1B is an immigrant visa in the EB1 category that is reserved for outstanding foreign professors and researchers. Eligibility is based on i) entering the accept a specific tenure track teaching position at an institution of higher learning or a permanent research position at a research organization, ii) having 3 years of experience teaching or researching in the field, iii) being recognized as “outstanding” in the field, and iv) if the employer is a private institution, the institution must prove employment of at least 3 researchers and document accomplishments in the field.

The standard for EB1B is not as high as EB1A. “Outstanding” is defined on an international standard. Immigration laws have set out specific criteria to allow the foreign worker to prove that he or she is recognized internationally as being outstanding. Applicants may establish eligibility by providing at least two out of a group of several acceptable pieces of evidence including: receipt of major prizes of outstanding achievement in the academic field, published material of your work in professional publications, proof of original scientific or scholarly research contributions, etc.

Advantages and Limitations of EB1B Green Card

As previously mentioned, the process for obtaining EB1 status is much faster than other employment based green card petitions.

The immigration service is hesitant to approve EB1B cases. Often, an EB2 or EB3 petition is a better, more realistic option.

Contact Our EB1 Green card Iranian Immigration Attorney:

To discuss EB1B petitions and other alternatives with an experienced Iranian EB1 immigration Attorney from the Aria Law Group, feel free to contact us by email or call us at (650) 391-9630.

EB1C Green Card and Qualified Person

An EB1C is an immigrant visa in the EB1 category that is reserved for executives and managers transferred from a multinational corporation.

An individual is eligible to obtain an EB1C visa if he or she will

i) be employed as an executive or manager,

ii) by a qualified company,

iii) for at least 1 of the past 3 years.

A qualified “executive” is an individual who directly manages the organization or a major part of the organization, sets goals and policies of the organization, has extensive decision making authority, and receives only general supervision and direction from superiors.

A qualified “manager” is an individual who manages at least a subdivision of an organization, and supervises and controls the work of other supervisory/professional/managerial employees, or manages an essential function of the business. Furthermore, a manager must have authority to employ and terminate those who are supervised or at least work at a senior level in the organization.

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.

Contact Our Iranian Immigration Lawyer

To discuss EB1C petitions and other alternatives with an experienced Iranian EB1 immigration Lawyer from the Aria Law Group, feel free to contact us by email or call us at (650) 391-9630.

National Interest Waiver Green Card Iranian Immigration Lawyer and Qualified Person

A national interest waiver is for advanced degree/exceptional ability workers who are seeking an exemption from the labor certification process and job offer requirement. The labor certification process is discussed in the EB2 and EB3 overview. To be qualified for a national interest waiver, in addition to meeting the requirements for EB2, the worker’s presence must prospectively substantially benefit the national economy, cultural or educational interests, or welfare of the United States.

There is not specific statutory definition of “national interest,” however a petitioner should confirm many relevant societal benefits of tangible national interest. A successful NIW applicant must satisfy a three-pronged test to be granted a waiver of the labor certification requirement.

The three pronged test that California Immigration Attorney follows:

i) The applicant must work in an area that has “substantial intrinsic merit”–another way of saying that a reasonable person would agree that the work is important,

ii) the work has applications of national scope, and

iii) the applicant’s continued work in this area, by nature of his or her proven accomplishments and potential to make future contributions, justifies waiver of the labor certification requirement. In other words, granting the waiver of the labor certification outweighs the inherent value of preserving job opportunities for U.S. workers.

Iranian Immigration Lawyer & Process of Obtaining an EB2 Visa Based on a National Interest Waiver

Often, there is no wait time for EB2, unless you are from a country where the visa numbers are retrogressed. If the priority date is current, you would be able to obtain a green card as quickly as you would, had you qualified for an EB1 class petition. The process can be completed in a matter of months.

Advantages and Limitations of National Interest Waivers

As previously mentioned, the process for obtaining EB2 with a national interest waiver can be faster than other employment based green card petitions. Additionally, there is no need to test the US job market and a job offer is not required.

National interest waivers are only appropriate under limited circumstances. Often, the likelihood of success through the labor certification process is substantially higher.

Immigration Attorney Role in a National Interest Waiver Petition

As previously mentioned, national interest waivers are only appropriate under limited circumstances. An experienced immigration attorney will be able to assess your eligibility for a national interest waiver, as well as ensure the quality of documentation submitted. In cases where the national benefit is not very clear, an attorney will be able to creatively present a convincing case to qualify the applicant for a waiver.

Contact Our Iranian NIW Immigration Lawyer:

To discuss National Interest Waiver (NIW) applications 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.

PERM-Based Advanced Degree, Exceptional Ability, Professional, Skilled, and Unskilled Worker Visas

EB-2 or EB-3 Green Card Iranian Immigration Lawyer and Qualified Person

EB-2 and EB-3 are “employment based” immigrant visas reserved for various classes of workers. EB-2 is reserved specifically for Advanced Degree professionals and Exceptional Ability Workers. EB-3 is reserved specifically for Professional, Skilled, and Unskilled Workers. The difference between the EB-2 and EB-3 category is how quickly one is able to apply for a green card. The basic criteria to qualify under these worker visas is i) the US employer must file a “labor certification” with the department of labor, ii) the foreign worker must have the required qualifications set in the labor certification application, and iii) the US worker must have the ability to pay the offered wage.

A “labor certification” is a document certifying that the employer has failed to find qualified US workers after testing the US job market. There are very specific recruitment steps that an employer must take before it can file a labor certification application. The application is filed under the online Program Electronic Review Management system (PERM). Months after filing the application under PERM, the Department of Labor (DOL) will issue a labor certification, which the employer will submit its petition to allow the foreign worker to apply for an employment-based green card. The employer should set appropriate job requirements and should not tailor them exactly to the employee’s background. If you qualify for a National interest waiver (NIW) then you can skip the labor certification process.

Iranian EB2 Immigration Lawyer in San Jose, San Francisco and Palo Alto

An EB-2 “advanced degree professional” is an individual working in a job requiring at least a US masters degree or a US bachelors degree with five years of progressive experience. The foreign worker with a foreign degree must have a single-source equivalent to qualify.

An EB-2 “exceptional ability worker” professional is an individual with exceptional ability in the science, arts, or business. The individual must prove exceptional ability by meeting three out of six exacting criteria, which includes ten years of full-time experience, a license to practice in the profession, and recognition for achievements and contributions to the industry.

EB3 California Immigration Lawyer Los Angeles, San Jose, San Francisco

An EB-3 “professional worker” is an individual working in a job in which the employer requires at least a US Bachelor’s degree or single-source foreign degree equivalent.

An EB-3 “skilled worker” is an individual working in a job in which the employer requires at least two years of job experience or a two-year degree/vocational training.

An EB-3 “unskilled worker” is an individual working in a job in which the employer requires some training or experience, but less than two years of higher education. Labor certifications are difficult to obtain in this category since it’s difficult to demonstrate a lack of qualified US workers for such jobs.

Finally, proving ability to pay the offered wage is generally a matter of reviewing financial documentation, such as tax returns. If net annual income or net current assets show enough money to cover the foreign workers salary, the employer will have met the burden of proof. In cases where the employer is already employing the worker, paying the offered wage, pay stubs will be enough to prove ongoing ability to pay the offered wage.

California Immigration Lawyer Process of Obtaining an EB-2 or EB-3 Green Card

The most current US Department of State “Visa Bulletin” will show how long people in EB-2 and EB-3 will have to wait to be able to apply for a green card based on their country of birth. If the priority date is “C” or “current,” it means that green cards are immediately available. Your “priority date” is the date your employer filed their labor certification application for you.

Contact Our Iranian Immigration Lawyer:

To discuss the EB-2 or EB-3 visa process 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.

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.