Immigration Lecture
Qiang Bjornbak
© 2004 all rights are reserved
Non-immigration Visas
I. B1 visa
1.
2.
3.
4.
A. Qualifying Criteria:
The visit is business related. i.e. business activities incident to international trade or
commerce, conventions, conferences, training consultants, etc.;
The applicant plans to remain for a specific, limited period;
The applicant has a residence outside the U.S. as well as other binding ties which will
insure his/her return abroad at the end of the visit; and
S/he cannot engage in any gainful employment.
B. Document:
1. Invitation letter
2. Proof of financial support: bank account, financial sponsor.
3. Solid tie with home country: i.e. house, spouse, children in home country, good job,
heavy investment.
C. Length:
A period of time that is fair and reasonable for the completion of the purpose of the visit.
When the time needed to accomplish the purpose of the visit cannot be determined,
USCIS will grant a 30 day period of admission. Maximum time for B visa is six months,
but it can be extended for one more time.
D. Note:
At the port of entry, an immigration official must authorize the traveler's admission to the
U.S. and issue Form I-94, Record of Arrival-Departure, which notes the length of stay
permitted.
II. B2 visa
A. Qualifying Criteria:
1. The visit is for pleasure or medical treatment, such as visiting friends and relatives,
seeking medical treatment in a hospital.
2. The applicant does not have intention of immigration.
3. The applicant cannot engage in any gainful employment.
B. Document:
1. Invitation letter;
2. Proof of financial support;
3. Solid tie with home country.
C. Length:
Maximum time is six months, but the visa can be extended for one more time.
D. Note:
1. Visa Waiver Program: The program allow applicant to stay up to ninety days in
the U.S. without applying for a visa at U.S. consulate. The applicant cannot study
or work under this program, nor is s/he eligible for a change into other visa
category or an extension of the visa.
2. If a person applies for B visa and tries to change into other visa category within
30 days, there is an irrebuttable presumption of fraud. If B visa holder tries to
change her or his status within 60 days, there is a rebuttable presumption of fraud.
3. B visa visitors need to notify immigration officer upon initial entry of their intent
to begin a course of study in the U.S. The rule does not bar individuals admitted
under other non-immigrant visa categories from changing status.
III. E1 visa (treaty trader)
A. Qualifying Criteria:
1. The trader individual or company must possess the nationality of the treaty country.
2. At least half of the company must be owned by nationals of the treaty country. (Dual
citizenship is fine).
3. There is substantial trade (more than fifty percent) between the U.S. and the country
of nationality. The amount of trade is sufficient to ensure a continuous flow of trade
items between the U.S. and the treaty country;
4. The activity constitutes trade as defined at 214.2(e)(9);
5. The visa applicant must engage in substantial trade, or an executive, manager or
employee with special skills essential to the company. (The skill is crucial to the
success of the business.);
6. That the applicant intends to depart the U.S. upon the expiration of E-1 status;
7. The employee has the same nationality as the principal alien employer.
B. Documents:
1. Passport;
2. Stock certificate;
3. Accounting book;
4. Employment contract.
C. Length of time:
The visa is valid for one year. Unlimited extensions can be granted in increments of up to
two years.
D. Note:
1. Consulate process. No USCIS petition.
2. Merger and Acquisition will affect the E visa.
IV. E2 visa (treaty investor)
A. Qualifying Criteria:
1. The investor is a national of a country with whom the U.S. has the requisite treaty or
agreement;
2. The alien (or in the case of an employee of a treaty investor who seeks classification
as an E-2, the owner of the treaty enterprise) will direct or develop the enterprise. The
alien must demonstrate that he controls the enterprise by showing ownership of at
least 50% of the enterprise, by possessing operational control through a managerial
position or other corporate device or by other means;
3. The investor has invested in or is actively in the process of investing in the enterprise;
4. The investment is substantial, i.e. sufficient to ensure the investor's financial
commitment to the successful operation of the enterprise and big enough to support
the likelihood that the investor will successfully direct and develop the enterprise;
5. The investment enterprise is not a marginal enterprise;
6. If the applicant is not the principal investor, he or she must be employed in an
executive or supervisory capacity, or possess skills that are highly specialized and
essential to the operations of the commercial enterprise. Ordinary skilled or unskilled
workers do not qualify.
7. That the applicant intends to depart the U.S. upon the expiration of E-2 status
B. Documents:
1. Passports;
2. Documents of investment;
3. Employment agreement.
C. Length of time:
Valid for One year, unlimited extensions can be granted in increments of up to two years.
D. Note:
1. Spouses of E visa holders are eligible to file for work authorization. Spouses must
submit an additional application to the USCIS to obtain an employment authorization
card.
2. Premium processing service: Applicant pays 1000 dollars and s/he can get the result
within 15 working days.
3. Dual intent is not allowed.
V. F-1 visa (F-2 spouse and children of students)
A. Qualifying Criteria:
1. The applicant fits under the statutory definition of student.
2. The institution to be attended is approved by USCIS for attendance by foreign
students.
3. The applicant has sufficient funds to meet expenses for the entire period of
anticipated study without having to resort to employment in the U.S.
4. Sufficient scholastic preparation and knowledge of the English language.
1.
2.
3.
4.
B. Documents:
Form I-20.
Evidence of Financial support. i.e. letter of offering scholarship. Sponsor letter.
Evidence of English knowledge: GRE and TOFEL score.
Admission letter from the school.
C. Length of Time:
Applicant is allowed to stay in the United States for as long as s/he is enrolled as a fulltime student in an educational program and making normal progress toward completing
his/her course of study.
Applicant also will be allowed to stay in the country up to twelve additional months
beyond the completion of his/her studies to pursue practical training. At the end of his/her
studies or practical training, s/he will be given sixty days to prepare to leave the country.
D. Note:
1. Applicant may be allowed to work on-campus or off-campus (after the
completion of your first year of study) under limited circumstances.
2. Applicant’s accompanying spouse and child may not accept employment.
VI. H1-B Visa
A. Qualifying Criteria:
1. Applicant works in a specialty occupation requires the theoretical and practical
application of a body of specialized knowledge and a bachelor's degree or the
equivalent in the specific specialty (e.g., engineering, mathematics, physical
sciences, computer sciences, medicine and health care, education, biotechnology,
and business specialties, etc.).
2. The employer must file a Labor Condition Application with the regional Office of
the Department of Labor.
a. The H-1B will be offered the actual wage level or the prevailing wage in the area
where the person will be employed, whichever is greater.
b. The employer is providing working conditions for the H-1B employee that will
not adversely affect similarly employed U.S. workers.
c. There is no strike, lockout, or work stoppage,
d. Notice has been provided to the bargaining representative or that notice has been
posted that a labor condition application has been submitted.
3. The employee is qualified for the specialty occupation, and has a bachelor's
degree, or equivalent.
B. Documents:
1. An approved labor condition application from the Department of Labor.
2. Evidence the proposed employment qualifies as within a specialty occupation;
3. Evidence the alien has the required degree by submitting:
a. A copy of the person's U.S. Bachelor degree or higher degree which is required
by the specialty occupations;
b. A copy of a foreign degree and evidence it is equivalent to the U.S. degree, or
c. Evidence of education and experience which is equivalent to the required U.S.
degree.
4. A copy of any required license or other official permission to practice the occupation
in the state of intended employment; and
5. A copy of any written contract between the employer and the alien employee or a
summary of the terms of the oral agreement under which the alien will be employed.
6. I-129 , ETA 9035, ETA 9035 CP, ETA 9035 E
C. Length:
Extension may be granted in increments of up to 3 years. The maximum period of time is
six years. Certain foreign workers with labor certification applications or immigrant visa
petitions in process for extended periods may stay in H-1B status beyond the normal sixyear limitation, in one-year increments.
Note:
1. Applicant can pursue permanent residence in the U.S. at the same time that he is
seeking a nonimmigrant visa.
2. The cap is reduced to 65,000 for year 2004.
3. H1B workers can change employers through filing a new H-1B petition by the new
employer. If H-1B worker starts to work for a new employer while the adjudication of
new H-1B visa is pending, H-1B worker faces losing the status once the petition is
denied.
VII. J visa
A. Elements
1. Candidates can be Professors and Research Scholars; Short-term Scholars;
College and University Students; Teachers; Secondary School Students;
Specialists for observing, consulting or demonstrating specialized skills; Alien
Physicians; International Visitors; Camp Counselors; Au Pairs; Summer Work
Travel.
2. Specific exchange program
B. Documents:
1. Form IAP-66 S
2. Proof of exchange program.
3. Proof of financial sponsorship.
C. Length:
The visa is valid for up to one year and may be extended according to the length of the
program. J visa holder can 18 months of training after finishing the program.
D. Note:
1. J-2 visa holder may obtain permission to work from the USCIS, provided it is work
for his own support and not for the support of the principal exchange visitor.
2. There is two year foreign residence requirement upon completion of the J-1 program.
Waivers can be granted in limited circumstances. Only three types of programs
contains this requirement. One of these programs is for aliens who obtain J status in
order to receive graduate medical education or training in the U.S. The second is for
all persons whose J programs are financed by the U.S. government or by the visa
holder's government. The last is for persons whose occupations or courses of study
appear on the Exchange-Visitor Skills List published by the U.S. Information Agency
(USIA), the agency which administers all J programs. The foreign residency
requirement bars the alien, for a period of two years, solely from obtaining H visa, L
visa, or permanent residence status in the U.S.
3. Applicant can change the status to O visa.
VIII. K-1 visa
A. Qualifying Criteria:
1. The applicant is a fiancé(e) of a U.S. citizen.
2. S/he intends to marry the U.S. citizen within ninety days.
B. Documents:
When Petitioner files I-129:
1. Form I-129F
2. Evidence of petitioner’s U.S. citizenship (e.g., original U.S. birth certificate, U.S.
passport or Certificate of Naturalization, or Certificate of Citizenship).
3. 2 Form G-325A Biographic Data Sheets (one for petitioner and one for fiancé(e))
4. One color photo of petitioner and one of fiancé(e) taken within 30 days of filing;
5. A copy of any divorce decrees, death certificates, or annulment decrees if either
petitioner or fiancé(e) has been previously married;
6. Proof of permission to marry if petitioner or fiancé(e) is subject to any age
restrictions.
When beneficiary goes to the consulate to apply for K-1 visa:
1.
2.
3.
4.
5.
6.
7.
8.
Valid passport
Birth certificate
Divorce or death certificate of any previous spouse
Police certificate from all places lived since age 16
Medical examination
Evidence of support (including Form I-134)
Evidence of valid relationship with the petitioner
Photographs
C. Length:
90 days
D. Note:
1. K visa holder cannot change their nonimmigrant classification.
2. K-1 visa holder can only marry the petitioner. If he or she wishes to change spouse,
he or she needs to go back to foreign country and the new spouse has to file a petition
for him or her.
3. K visa holder is allowed to work in the U.S.
4. If fiancé(e) has unmarried children who are under 21, they are eligible to accompany
fiancé(e)
IX. K-3 visa for spouse and children or the U.S. citizen abroad
A. Qualifying Criteria:
1. His/her marriage to a U.S. citizen is valid, and
2. He/she is the beneficiary of a petition (I-130) already filed with the USCIS as the
spouse of a U.S. citizen, but which petition has not yet been approved by USCIS,
and
3. He/she is also the beneficiary of a 129 F petition filed with and approved by
USCIS in the United States forwarded to the American consulate abroad where
the alien wishes to apply for the K-3/K-4 visa. The consulate must be in the
country in which the marriage to the U.S. citizen took place if the United States
has a consulate which issues immigrant visas in that country. If the marriage took
place in the United States, the designated consulate is the one with jurisdiction
over the current residence of the alien spouse.
4. He/she wishes to enter the United States to await the approval of the I-130
petition by USCIS or the availability of an immigrant visa.
B. Documents:
1.
2.
3.
4.
5.
6.
7.
8.
9.
I-130, I-797, I-129 F and documents required by I-130 and I 129 F.
Valid passport
Birth certificate
Divorce or death certificate of any previous spouse
Police certificate from all places lived since age 16
Medical examination
Evidence of support (including Form I-134)
Evidence of valid relationship with the petitioner
Photographs
X. L visa
A. Qualifying Criteria:
1. The applicant must be an executive, a manager, (L-1A) or an employee with
"specialized knowledge" (L-1B) who have been employed by a foreign office for at
least one continuous year within the three years preceding the filing of a petition.
2. The U.S. office must be a parent, subsidiary, affiliate, or branch of the foreign office.
B. Documents:
1. A U.S. employer or foreign employer may file the I-129 petition, but a foreign
employer must have a legal business in the U.S. The petition must be filed with:
2. Evidence of the qualifying relationship between the U.S. and the foreign employer
which address ownership and control, such as an annual report, copies of articles of
incorporation, financial statements, or stock certificates;
3. A letter from the alien's foreign qualifying employer detailing his or her dates of
employment, job duties, qualifications and salary and demonstrating that the alien
worked for the employer abroad for at least one continuous year within the three-year
period before the filing of the petition in an executive or managerial capacity or in a
position involving specialized knowledge; and
4. A detailed description of the proposed job duties and qualifications and evidence the
proposed employment is in an executive or managerial capacity or in a position
involving specialized knowledge. If the alien is coming to the U.S. as a manager or
executive (L-1A) to open or to be employed in a new office, also file the petition with
evidence that:
a. Sufficient premises to house the new office have been secured;
b. The beneficiary has, or upon establishment will have, the qualifying relationship
to the foreign employer and the qualifying position; and
c. The intended U.S. operation will be able to support the executive or managerial
position within one year of the approval of the petition. This must be supported by
information regarding:
1) The proposed nature of the U.S. office (size and scope, organizational structure, and
financial goals),
2) Financial information about the foreign entity (the size of the U.S. investment and the
financial ability to remunerate the beneficiary and to commence doing business in the
U.S.), and
3) The organizational structure of the foreign entity.
If the alien is coming to the U.S. in a specialized knowledge capacity (L-1B) to open or
to be employed in a new office, also file the petition with evidence that:
1) Sufficient premises to house the new office have been secured;
2) The business entity in the U.S is or will be a qualifying organization
3) The petitioner has the financial ability to compensate the alien beneficiary and to
begin doing business in the U.S.
C. Length:
1) L1-A (managerial and executive) 7 years, and L1-B (special knowledge) five years
D. Note:
1. A petitioner may apply for an extension of an individual L-1 petition using Form
I-129. Supporting documentation is not required, except in those cases involving
new offices or when requested.
2. Advantage: Dual intention is allowed. NO Labor certification is required.
3. Dependents cannot work.
XI. Blanket petition for L visa
A. Qualifying Criteria:
1. The petitioner and its branches, subsidiaries, and affiliates are engaged in commercial
trade or services;
2. The petitioner company must have an office in the U.S. that has been doing business
for one year or more;
3. There are three or more domestic and foreign branches, subsidiaries, or affiliates,
4. The petitioner and the other qualifying organizations have obtained approval of
petitions for at least ten "L-1" managers, executives, or specialized knowledge
professionals during the previous 12 moths, or have U.S. subsidiaries or affiliates
with combined annual sales of at least 25 million, or have a U.S. work force of at
least one thousand employees;
5. The employee must have continuous employment for 6 months within the past three
years.
B. Documents:
1. I-797, I-129;
2. copy of the approval notice for the blanket petition;
3. A letter from the alien's foreign employer detailing the alien's dates of
employment, job duties, qualifications and salary for the 3 previous years; and
4. If the alien is a specialized knowledge professional, a copy of a U.S. degree, a
foreign degree equivalent to a U.S. degree, or evidence establishing the
combination of the beneficiary's education and experience is the equivalent of a
U.S. degree.
C. Extension:
A petitioner may file an I-129 to extend an expiring blanket petition. The extension
petition must be filed with:
* A copy of the previous approval notice for the blanket petition; and
* A summary of the employment of L-1 aliens admitted under the blanket petition during
the preceding three years, listing, for each alien:
His or her name;
Position(s) held during the period;
Employing entity;
Date of initial L-1 admission under the blanket;
Date of final departure, if the alien has been transferred outside the United States,
and;
Documentation of any changes in approved relationships and additional
qualifying relationships.
D. Note:
The definition of manager, executive member and person with special knowledge is very
important. Merger and acquisition can affect the L-1 visa.
XII. O -1 visa (science, education, business, or athletics)
A. Qualifying Criteria:
1. Applicants must be persons of extraordinary ability in the science, arts, education,
business and athletics. (e.g. a Ph. D. Degree, not including the arts, motion pictures or
television).
2. Have sustained national or international acclaim and substantially benefit
prospectively in the U.S.
B. Documents:
1. A U.S. employer should file the I-129 petition with:
2. A written advisory opinion from a peer group (including labor organizations) or a
person designated by the group with expertise in the alien's area of ability;
3. A copy of any written contract between the employer and the alien or a summary
of the terms of the oral agreement under which the alien will be employed;
4. Evidence that the alien has received a major, internationally-recognized award,
such as a Nobel Prize, or evidence of at least three of the following:
Receipt of nationally or internationally recognized prizes or awards for excellence
in the field of endeavor;
Membership in associations in the field for which classification is sought which
require outstanding achievements, as judged by recognized international experts;
Published material in professional or major trade publications, newspapers or
other major media about the alien and his work in the field for which
classification is sought;
Original scientific, scholarly, or business-related contributions of major
significance in the field;
Authorship of scholarly articles in professional journals or other major media in
the field for which classification is sought;
A high salary or other remuneration for services as evidenced by contracts or
other reliable evidence;
Participation on a panel, or individually, as a judge of the work of others in the
same or in a field of specialization allied to that field for which classification is
sought;
Employment in a critical or essential capacity for organizations and
establishments that have a distinguished reputation.
C. Length:
The visa is valid for initial three years and it can be extended every year.
D. Note:
This category requires approval by the USCIS, followed by visa application at a
consulate. J visa can transfer to O visa without two year foreign residency. It is an
alternative to H-1B for those who have a high degree. O visa has advantage over H-1B.
It does not need Labor Condition Application. Nor is there any limit on the length of stay.
XIII. O-1 Extraordinary Ability (Arts, Motion Picture, or Television)
A. Qualifying Criteria:
1. Aliens who are coming temporarily and have extraordinary ability in the arts or
extraordinary achievement in the motion picture or television industry.
2. Applicants have sustained national or international acclaim and substantially benefit
prospectively in the U.S.
B. Documents:
1. A U.S. employer should file the I-129 petition with:
2. A written advisory opinion, describing the alien’s ability as follows:
a. If the petition is based on the alien's extraordinary ability in the arts, the
consultation must be from a peer group (including labor organizations) in the
alien's field of endeavor; or a person or persons designated by the group with
expertise in the alien's area of ability.
b. If the petition is based on the alien's extraordinary achievements in the motion
picture or television industry, separate consultations are required from a labor
and a management organization with expertise in the alien's field of endeavor.
3. A copy of any written contract between the employer and the alien or a summary
of the terms of the oral agreement under which the alien will be employed;
4. Evidence the alien has received, or been nominated for, significant national or
international awards or prizes in the particular field, such as an Academy Award,
Emmy, Grammy or Director's Guild Award, or evidence of at least three of the
following:
Performed or will perform services as a lead or starring participant in productions
or events which have a distinguished reputation as evidenced by critical reviews,
advertisements, publicity releases, publications, contracts or endorsements;
Achieved national or international recognition for achievements, as shown by
critical reviews or other published materials by or about the individual in major
newspapers, trade journals, magazines, or other publications;
A record of major commercial or critically acclaimed successes, as shown by such
indicators as title, rating or standing in the field, box office receipts, motion
picture or television ratings and other occupational achievements reported in trade
journals, major newspapers or other publications;
Received significant recognition for achievements from organizations, critics,
government agencies or other recognized experts in the field in which the alien is
engaged, with the testimonials clearly indicating the author's authority, expertise
and knowledge of the alien's achievements;
A high salary or other substantial remuneration for services in relation to others in
the field, as shown by contracts or other reliable evidence; or
If the above standards do not readily apply to the alien's occupation, the petitioner
may submit comparable evidence in order to establish the alien's eligibility.
XIV. O-2 visa
A. Qualifying Criteria:
1. APPLICANTS perform support services which cannot be readily performed by a U.S.
worker; and
2. The services are essential to the successful performance of the O-1.
B. Documents:
1. The petition must be filed by a U.S. employer in conjunction with the filing of the O1 alien petition and must be filed with:
2. A written advisory opinion.
1) If the O-2 petition is for an alien accompanying an O-1 alien of extraordinary ability
in the arts, the opinion must be from a labor organization with expertise in the skill
area involved.
2) If the O-2 petition is for an alien accompanying an O-1 alien of extraordinary
achievement in the field of motion picture or television, the opinion must be from a
labor organization and a management organization with expertise in the skill area
involved.
3) Evidence of the current essentiality, critical skills, and experience of the O-2 alien
with the O-1 alien, and that the alien has substantial experience utilizing the critical
skills and essential support services for the O-1. In the case of a specific motion
picture or television production, the evidence shall establish that significant
production has taken place outside the U.S., and will take place inside the U.S. and
that the continuing participation of the alien is essential to the successful completion
of the production.
C. Length:
1. The visa is valid for initial three years and it can be extended every year.
XV. O-3 Visa
Qualifying Criteria
1. Spouses and minor children (dependents) of O-1's are admitted under O-3 status
with the same restrictions as the principal.
2. They may not work in the U.S. under this classification.
XVI. TN Visa
A. Qualifying Criteria:
1. Available to Canadian or Mexican citizens;
2. TN employment must be in a profession listed in NAFTA Appendix 1603.0.1 and the
TN employee, such as accountants, architects, computer systems analysts, engineers,
librarians, social workers, urban planners. Research and design, manufacture,
production, marketing, sales, distribution, public relation;
3. Most TN professionals require a minimum of a bachelor or Licenciatura degree; and
4. Some require that the individual is a licensed professional.
B. Documents:
1. For a Canadian citizen:
This classification does not require a petition for employment if the alien is a Canadian
citizen and is outside of the U.S. Canadian citizens need not obtain TN-1 consular visas,
and may apply directly at Class A U.S. ports of entry. They must provide:
a. A statement from the employer with a full description of the nature of the duties
the beneficiary will be performing, the anticipated length of stay, and the
arrangements for pay or reward;
b. Evidence that the beneficiary meets the education and/or alternative credentials
for the activity;
c. Evidence that all licensure requirements, where applicable to the activity, have
been satisfied;
d. Evidence of Canadian citizenship. Passport
2. For a Mexican citizen:
a. An employer in the United States must file the I-129 petition and must file
it with:
b. A statement from the employer with a full description of the nature of the
duties the beneficiary will be performing, the anticipated length of stay,
and the arrangements for pay or reward;
c. Evidence that the beneficiary meets the education and/or alternative
credentials for the activity;
d. Evidence that all licensure requirements, where applicable to the activity,
have been satisfied;
e. Evidence of Mexican citizenship; (Passport) and
f. A certification from the Secretary of Labor that the petitioner has filed the
appropriate labor condition application or labor attestation for the
specified activity.
C. Note:
1. For Canadians, TN applications can be made at any INS border post on the
Canada/U.S. border, as well as at any INS preflight Inspection Office in various
Canadian airports. Mexican applicants must obtain prior approval by filing a petition
with the USCIS, and then applying for a visa at a U.S. consulate.
2. There is no annual limit on TN-1 admissions from Canada. There is a yearly cap for
Mexican TN professionals of 5,500 admissions.
3. No dual intent.
V.
V Visa
A. Qualifying Criteria:
A person may apply at a U.S. consulate abroad for a V-1 or V-2 visa or seek V-1 or V-2
nonimmigrant status while in the United States, if that person:
1. is lawfully married to a Lawful Permanent Resident of the United States (V-1), or
is the unmarried child (under the age of 21) of a Lawful Permanent Resident (V2); and
2. is the principal beneficiary of a relative petition (Form I-130) that was filed by the
Lawful Permanent Resident spouse/parent on or before December 21, 2000; and
3. has been waiting at least 3 years since the petition was filed for status as a Lawful
Permanent Resident because the petition is still pending, or has been approved but:
4. an immigrant visa is not yet available; or,
5. there is a pending application to adjust status or application for an immigrant visa.
B. Documents:
I-539, I-693 and supplementary documents
1.
2.
3.
4.
5.
6.
Valid passport
Birth certificate
Divorce or death certificate of any previous spouse
Police certificate from all places lived since age 16
Medical examination
Evidence of support
7. Evidence of valid relationship with the petitioner
8. Photographs
C. Note:
The V visas for adults will be valid for multiple requests for entry for ten years; for
children under the age of 11, these visas will also be issued for multiple entries and with a
10 validity date; for children 11 years old or older, the visa will be valid for multiple
requests to enter and will remain valid until the holder's 21st birth day.
Immigration Visas
I. Investment Immigration Visa EB-5
A. Qualifying Criteria:
1. Applicants establish a new commercial enterprise by:
creating an original business;
purchasing an existing business and simultaneously or subsequently
restructuring or reorganizing the business such that a new commercial
enterprise results; or
expanding an existing business by 140 percent of the pre-investment
number of jobs or net worth, or retaining all existing jobs in a troubled
business that has lost 20 percent of its net worth over the past 12 to 24
months; and
2. Applicants have invested -- or who are actively in the process of investing -- in a
new commercial enterprise:
at least $1,000,000, or
at least $500,000 where the investment is being made in a "targeted
employment area," which is an area that has experienced
unemployment of at least 150 per cent of the national average rate or a
rural area as designated by OMB; and
3. Whose engagement in a new commercial enterprise will benefit the United States
economy and:
a. create full-time employment for not fewer than 10 qualified
individuals; or
b. maintain the number of existing employees at no less than the preinvestment level for a period of at least two years, where the
capital investment is being made in a "troubled business," which is
a business that has been in existence for at least two years and that
has lost 20 percent of its net worth over the past 12 to 24 months.
B. Documents:
Form I-526 and necessary documents. Applicant needs to file I 485 if he or she is in the
U.S. or apply for immigration visa or the applicant is outside the U.S.
C. Note:
1. Of the 10,000 investor visas (i.e., EB-5 visas) available annually, 5,000 are set
aside for those who apply under a pilot program involving a CIS-designated
“Regional Center.”
A "Regional Center:"
Is an entity, organization or agency that has been approved as such by the Service;
Focuses on a specific geographic area within the United States; and ,
Seeks to promote economic growth through increased export sales, improved
regional productivity, creation of new jobs, and increased domestic capital
investment.
"Alien investors" must:
Demonstrate that a "qualified investment" is being made in a new commercial
enterprise located within an approved Regional Center; and,
Show, using reasonable methodologies, that 10 or more jobs are actually created
either directly or indirectly by the new commercial enterprise through revenues
generated from increased exports, improved regional productivity, job creation, or
increased domestic capital investment resulting from the pilot program.
2. Permanent resident status based on EB-5 eligibility is available to investors, either
alone or coming with their spouse and unmarried children.
3. Eligible investors must file a CIS Form I-829, Petition by Entrepreneur to
Remove Conditions. Form I-829 must be filed within 90 days before the second
anniversary of an Alien Investor’s admission to the United States as a conditional
resident.
II. EB-1
A.
Aliens with extraordinary ability
1. Qualifying Criteria:
a. Applicant possesses extraordinary ability in the arts, sciences,
education, business or athletics.
2. Documents: (Three of the following will suffice.)
a. Documentation of the alien's receipt of lesser nationally or
internationally- recognized prizes or awards for excellence in the
field of endeavor;
b. Documentation of the alien's membership in associations in the
field for which classification is sought, which require outstanding
achievements of their members, as judged by recognized national
or international experts in their disciplines or fields;
c. Published material about the alien in professional or major trade
publications or other major media, relating to the alien's work in
the field for which classification is sought. Such evidence shall
include the title, date, and author of the material, and any
necessary translation;
d. Evidence of the alien's participation, either individually or on a
panel, as a judge of the work of others in the same or an allied
field of specification for which classification is sought;
e. Evidence of the alien's original scientific, scholarly, artistic,
athletic, or business- related contributions of major significance
in the field;
f. Evidence of the alien's authorship of scholarly articles in the field,
in professional or major trade publications or other major media;
g. Evidence of the display of the alien's work in the field at artistic
exhibitions or showcases;
h. Evidence that the alien has performed in a leading or critical role
for organizations or establishments that have a distinguished
reputation;
i. Evidence that the alien has commanded a high salary or other
significantly high remuneration for services, in relation to others
in the field; or
j. Evidence of commercial successes in the performing arts.
k. I-140 and necessary documents.
3. Note:
a. Those applicants can become permanent residents without going
through the labor certification process.
b. They are permitted to “self-petition.”
B. Outstanding professors and researchers
1. Qualifying Criteria:
a. The applicant is recognized internationally for their outstanding
academic achievements in a particular field.
b. An outstanding professor or researcher must have at least three years
experience in teaching or research in that academic area, and
c. enter the U.S. in a tenure or tenure track teaching or comparable
research position at a university or other institution of higher education.
d. If the employer is a private company rather that a university or
educational institution, the department, division, or institute of the
private employer must employ at least three persons full time in
research activities and have achieved documented accomplishments in
an academic field.
2. Documents:
a. Receipt of major prizes or awards for outstanding achievement;
b. Membership in associations that require their members to demonstrate
outstanding achievements;
c. Published material in professional publications written by others about the alien's
work in the academic field;
d. Participation, either on a panel or individually, as a judge of the work of others in
the same or allied academic field;
e. Original scientific or scholarly research contributions in the field;
f. Authorship of scholarly books or articles (in scholarly journals with international
circulation) in the field.
g. I-140 and necessary documents.
C. Multinational Executives and Managers
1. Qualifying Criteria:
a. The applicant must have been employed in a managerial or
executive capacity for at least one out of the past three years.
b. The past employment must be with the same employer, an affiliate,
a parent or a subsidiary.
c. The petitioning employer must have been doing business in the
U.S. for at least one year.
d. To qualify as an executive, the worker must:
1) direct the management of the organization or a major component or function of
the organization;
2) establish the goals and policies of the organization, component or function;
3) exercise wide latitude in discretionary decision making; and
4) receive only general supervision from higher level executives, the board of
directors, or stockholders of the organization.
e. To qualify as a manager, the worker must:
1) manage the organization, or a department, subdivision, function, or component of
the organization;
2) supervise and control the work of other supervisory, professional, or managerial
employees, or manages an essential function within the organization, or a
department or subdivision of the organization;
3) have the authority to hire and fire supervised employees, or recommend them for
promotion or other personnel action, or (if there are no immediate supervisees)
function at a senior level within the organizational hierarchy; and
4) exercise direction over the day to day operations of the activity or function over
which the worker has authority.
2. Documents:
a. Academic diploma of the persons the applicant supervises.
b. Evidence of the qualifying relationship between the U.S. and the foreign
employer which address ownership and control, such as an annual report, copies
of articles of incorporation, financial statements, or stock certificates;
c. A letter from the alien's foreign qualifying employer detailing his or her dates of
employment, job duties, qualifications and salary and demonstrating that the alien
worked for the employer abroad for at least one continuous year within the threeyear period before the filing of the petition in an executive or managerial capacity;
and
d. A detailed description of the proposed job duties and qualifications and evidence
the proposed employment is in an executive or managerial capacity.
e. I 140 and necessary documents.
3. Note:
1. Those applicants can become permanent residents without going through the labor
certification process.
2. They are permitted to “self-petition.”
III. EB-2 Outstanding Professors and Researchers
A. Qualifying Criteria:
1. The job requires an advanced degree
2. The alien possesses such a degree or the equivalent.
B. Documents
1. An official academic record showing the alien has a degree, diploma, certificate
or similar award from a college, university, school or other institution of learning
relating to the area of exceptional ability;
2. Letters documenting at least ten years of full-time experience in the occupation
being sought;
3. A license to practice the profession or certification for a particular profession or
occupation;
4. Evidence that the alien has commanded a salary or other remuneration for
services which demonstrates exceptional ability;
5. Membership in professional associations;
6. Recognition for achievements and significant contributions to the industry or field
by peers, government entities, professional or business organizations.
7. ETA 750 and I 140 and necessary documents.
IV. EB-3 professionals, skilled workers, and other workers
A. Qualifying Criteria:
1. Aliens should possess at least two years of experience as skilled workers,
professionals with a baccalaureate degree,
2. and others with less than two years experience, such as an unskilled
worker who can perform labor for which qualified workers are not
available in the United States.
B. Documents:
ETA-750 and I-140 and necessary documents required by these two forms.
V. Immigration Through Spouse
A. Spouse is in the U.S.
1. Qualifying Criteria:
a. Bona Fide marriage with U.S. citizen or Lawful permanent resident
2. Documents:
a. The U.S. spouse or Lawful permanent resident spouse should file a petition with
USCIS with following documents:
1) I-130
2) Biographical forms (forms G-325A) for both the husband and the wife
with photos attached;
3) Proof of the citizenship or permanent resident status of the petitioner;
4) A certified copy of the marriage certificate;
5) Certified copies of the documents that terminated any previous marriages
of the husband or wife, including final divorce decrees, and certificates of
annulment or death.
b. The foreign-born spouse should submit an application for adjustment of status
with the following documents:
I-797, I-485, I-864, I-765, I-131, two green card photos.
3. Note:
If the marriage takes place during removal proceeding, the beneficiary of I-130 petition
needs to overcome the presumption of fraud.
B. If the Spouse is outside of the U.S.
1. Qualifying Criteria:
a. Bona Fide marriage with U.S. citizen or Lawful permanent resident
2. Documents:
a.
b.
c.
d.
e.
I-130, G-325, Photos of both spouses;
Proof of American citizenship or lawful permanent resident, marriage certificate;
Proof of the law termination of previous marriage;
I-864;
Foreign spouse’s passport, proof of police clearance, and the medical report.
C. Removal of Conditional Status
1. Qualifying Criteria:
a. Both spouses must submit a joint petition (form I-751) to
remove the two-year condition within the 90-day period
immediately preceding the end of the two year period.
b. If the marriage has terminated by reason of divorce, death of the
citizen spouse or spousal abuse, the foreign-born spouse may
apply for a waiver of the joint petition requirement.
2. Documents:
a. I-751;
b. Copy of temporary green card, utility bills, automobile registration, joint account,
joint lease, joint tax return;
c. Declaration from two witnesses to prove the bona fide marriage, the birth
certificate of child from the marriage if there is any;
d. The prove of legal termination of previous marriage;
e. Prove of abuse if the applicant wants to have a waiver.
VI. Immigration Through Parents
A. Qualifying Criteria
1. A U.S. citizen can petition
A child (unmarried and under 21 years of age)
An unmarried son or daughter (over 21 years of age)
A married son or daughter of any age
2. A lawful permanent resident can petition
A child (unmarried and under 21 years of age)
An unmarried son or daughter (over 21 years of age)
B. Documents:
1. Parents need to file a petition with following documents.
U.S. citizen mother of a child or son or daughter:
Form I-130;
A copy of petitioner’s birth certificate showing petitioner’s name
If petitioner was not born in the U.S., a copy of either petitioner’s Certificate of
Naturalization or Citizenship or petitioner’s U.S. passport
A copy of the child’s birth certificate showing her name and the child’s name
U.S. citizen father or stepparent of the child or son or daughter
Form I-130;
A copy of petitioner’s birth certificate showing petitioner’s name
If petitioner was not born in the U.S., a copy of either petitioner’s Certificate of
Naturalization or Citizenship or petitioner’s U.S. passport
A copy of the child’s birth certificate showing the child’s name and the names of
both parents
A copy of civil marriage certificate showing the names of both parents, or proof
that a parent/child relationship exists or existed (if petitioner is petitioning for a
stepchild, petitioner’s marriage to the child’s parent must take place before the
stepchild’s 18th birthday)
A copy of any divorce decrees, death certificates, or annulment decrees that
establish the termination of any previous marriages entered into by petitioner or
petitioner’s spouse
Fathers petitioning for a child born out of wedlock must provide evidence that a
parent/child relationship exists or existed. For example, the child’s birth
certificate displaying the father’s name, evidence showing that the father and
child at some point lived together, or that the father held out the child as his own,
or that he has made financial contributions in support of the child, or that in
general his behavior evidenced genuine concern for and interest in the child. A
blood test proving paternity may also be necessary.
U.S. citizen and the adoptive parent of a child or son or daughter:
Form I-130;
A copy of petitioner’s birth certificate showing petitioner’s name
If petitioner was not born in the U.S., a copy of either petitioner’s Certificate of
Naturalization or Citizenship or petitioner’s U.S. passport
A copy of the child’s birth certificate showing the child’s name;
A certified copy of the adoption decree (the adoption must have taken place
before the child reached the age of 16, with only one exception: if petitioner
adopted the child’s sibling who had not yet reached age 16, the older sibling must
have been adopted before reaching the age of 18)
The legal custody decree if petitioner obtained custody of the child before
adoption
A statement showing the dates and places petitioner’s child has lived with
petitioner, and proof that petitioner’s child has lived with petitioner and has been
in petitioner’s legal custody for at least two years
Lawful permanent resident mother of an unmarried, minor child or an unmarried
son or daughter
Form I-130;
A copy of petitioner’s alien registration card;
A copy of the child’s birth certificate showing petitioner’s name and the child’s
name
Lawful permanent resident father or stepparent of the child
Form I-130;
A copy of petitioner’s alien registration receipt card;
A copy of the child’s birth certificate showing the child’s name and the names of
both parents
A copy of civil marriage certificate showing the names of both parents, or proof
that a parent/child relationship exists or existed (if petitioner is petitioning for a
stepchild, petitioner’s marriage to the child’s parent must take place before the
stepchild’s 18th birthday)
A copy of any divorce decrees, death certificates, or annulment decrees that
establish the termination of any previous marriages entered into by petitioner or
petitioner’s spouse
Fathers petitioning for a child born out of wedlock must provide evidence that a
parent/child relationship exists or existed. For example, the child’s birth
certificate displaying the father’s name, evidence showing that the father has
made financial contributions in support of the child. A blood test proving
paternity may be necessary.
Lawful permanent resident and the adoptive parent of the child or unmarried son or
daughter
Form I-130;
A copy of petitioner’s alien registration receipt card
A copy of the child’s birth certificate showing the child’s name
A certified copy of the adoption decree;
The legal custody decree if petitioner obtained custody of the child before
adoption
A statement showing the dates and places petitioner’s child has lived with
petitioner, and proof that petitioner’s child has lived with petitioner and has been
in petitioner’s legal custody for at least two years
2. If the beneficiary is in the U.S., he or she needs to file I-485, G-325, I-693, I864, I-765
3. Note: If anyone’s name has been legally changed (if it differs from the name
on his or her birth certificate), evidence of the name change must be submitted.
4. The adoption must have taken place before the child reached the age of 16.
One exception: if petitioner adopted the child’s sibling who had not yet
reached age 16, the older sibling must have been adopted before reaching the
age of 18.
VII. Immigration through sons and daughters
A. Qualifying Criteria
1. The petitioner is US citizen.
2. The petitioner is above 21.
B. Documents:
1. The petitioner needs to file the following documents with USCIS
U.S. citizen petitions his or her mother
Form I-130;
A copy of petitioner’s birth certificate showing petitioner’s name and petitioner’s
mother’s name;
If petitioner’s name or petitioner’s mother’s name is different from the name on
petitioner’s birth certificate, petitioner must provide evidence of the legal name
change.
A copy petitioner’s Certificate of Naturalization or Citizenship or U.S. passport if
the petitioner was not born in the U.S.
U.S. citizen petitions his or her father
Form I-130;
A copy of petitioner’s birth certificate showing petitioner’s name and the names
of both parents of petitioner;
If petitioner’s name or petitioner’s father’s name is different from the name on
petitioner’s birth certificate, petitioner must provide evidence of the legal name
change;
If petitioner was not born in the United States, a copy of either Petitioner’s
Certificate of Naturalization or Citizenship or petitioner’s U.S. passport
A copy of petitioner’s parents’ civil marriage certificate
A copy of any divorce decrees, death certificates, or annulment decrees that
would show that any previous marriage entered into by petitioner’s mother or
father was ended legally
If petitioner is applying to bring petitioner’s father to the United States to live and
petitioner was born out of wedlock and was not legitimated by petitioner’s father
before petitioner’s 18th birthday and while petitioner were unmarried, petitioner must
file the following with the U.S. Citizenship and Immigration Services
Form I-130,
A copy of petitioner’s birth certificate showing petitioner’s name
If petitioner was not born in the U.S., a copy of either petitioner’s Certificate of
Naturalization or Citizenship or petitioner’s U.S. passport
Evidence of the father-son or -daughter relationship
Evidence that an emotional or financial bond existed between petitioner and
petitioner’s father before petitioner was married or reached the age of 21.
If petitioner is applying to bring his or her father to the United States to live and
petitioner was born out of wedlock and was legitimated by petitioner’s father before
petitioner’s 18th birthday and while petitioner was unmarried, petitioner must file the
following with the U.S. Citizenship and Immigration Services
Form I-130;
A copy of petitioner’s birth certificate showing petitioner’s name;
If petitioner was not born in the U.S., a copy of either petitioner’s Certificate of
Naturalization or Citizenship or petitioner’s U.S. passport
Evidence that petitioner was legitimated before petitioner’s 18th birthday through
a. the marriage of petitioner’s birth parents, or
b. the laws of the state or country where petitioner lives, or
c. the laws of the state or country where petitioner’s father lives
U.S. citizen petitions for step parents
Form I-130;
A copy of petitioner’s birth certificate showing petitioner’s name and the names
of petitioner’s birth parents;
If petitioner was not born in the U.S., a copy of either petitioner’s Certificate of
Naturalization or Citizenship or petitioner’s U.S. passport;
A copy of the civil marriage certificate of petitioner’s birth parent to petitioner’s
stepparent showing that the marriage occurred before your 18th birthday
A copy of any divorce decrees, death certificates, or annulment decrees that
would verify the termination of any previous marriage(s) entered into by your
birth parent or stepparent
U.S. citizen petitions for adoptive parents
Form I-130;
A copy of petitioner’s birth certificate showing petitioner’s name;
A copy of either petitioner’s Certificate of Naturalization or Citizenship or
petitioner’s U.S. passport if petitioner was not born in the U.S.
A certified copy of the adoption decree, showing that the adoption occurred
before petitioner’s 16th birthday;
A sworn statement showing the dates and places petitioner has lived together with
petitioner’s parent
2. If the beneficiary is in the U.S., he or she needs to file I 485, G 325, I 693, I 864,
and I-765.
3. Note:
a. if petitioner has been legally adopted, petitioner may not petition for
petitioner’s birth parents
b. if petitioner is filing for both parents, petitioner must file a separate
petition for each parent)
c. If anyone’s name has been legally changed (differs from the name on his
or her birth certificate), evidence of the name change must be provided.
VIII. Immigration through brothers and sisters
A. Qualifying Criteria
1. The petitioner is US citizen.
2. The petitioner is above 21.
B. Documents
1. The petitioner needs to file the following documents with USCIS
Siblings have the same mother
Form I-130;
A copy of petitioner’s birth certificate showing petitioner’s name and the name of
petitioner’s mother;
If petitioner was not born in the United States, a copy of either Petitioner’s
Certificate of Naturalization or Citizenship or petitioner’s U.S. passport
A copy of petitioner’s sibling’s birth certificate showing sibling’s name and the
name of petitioner’s mother
Siblings have same father but different mothers
Form I-130;
A copy of petitioner’s birth certificate showing petitioner’s name and the name of
petitioner’s father;
If petitioner was not born in the United States, a copy of either Petitioner’s
Certificate of Naturalization or Citizenship or Petitioner’s U.S. passport;
A copy of petitioner’s brother’s or sister’s birth certificate showing his or her
name and petitioner’s father’s name;
A copy of petitioner’s father’s marriage certificate to each mother;
A copy of any divorce decrees, death certificates, or annulment decrees showing
that any previous marriages entered into by petitioner’s parents or petitioner’s
sibling’s parents ended legally
Petitioner was and/or petitioner’s brother or sister was born out of wedlock, and
petitioner is related through petitioner’s father and was legitimated, petitioner must file
the following with the U.S. Citizenship and Immigration Services:
Form I-130;
A copy of petitioner’s birth certificate showing petitioner’s name;
If petitioner was not born in the United States, a copy of Petitioner’s Certificate of
Naturalization or Citizenship or Petitioner’s U.S. passport;
A copy of petitioner’s sibling’s birth certificate showing his or her name;
Evidence that the person who was born out of wedlock was legitimated before
reaching the age of 18 and while unmarried through
a. the marriage of that person’s natural parents
b. the laws of petitioner’s or petitioner’s sibling’s country of residence or
domicile, or
c. the laws of the father’s country of residence or domicile
If petitioner was and/or petitioner’s brother or sister was born out of wedlock and not
legitimated, and petitioner is related through petitioner’s father, petitioner must file the
following with the U.S. Citizenship and Immigration Services:
Form I-130;
A copy of petitioner’s birth certificate showing petitioner’s name;
If petitioner were not born in the United States, a copy of Petitioner’s Certificate
of Naturalization or Citizenship or Petitioner’s U.S. passport;
A copy of petitioner’s brother’s or sister’s birth certificate showing his or her
name;
Evidence that an emotional or financial bond existed between petitioner’s father
and the child who was born out of wedlock (either petitioner or petitioner’s
brother or sister or both of petitioner and petitioner’s sibling) before that child
was married or reached the age of 21
Stepbrother or stepsister
Form I-130;
Petitioner’s birth certificate showing petitioner’s name and petitioner’s common
parent’s name (if petitioner’s father married petitioner’s stepsibling’s mother,
petitioner’s father’s name must be visible on the birth certificate; if petitioner’s
mother married petitioner’s stepsibling’s father, petitioner’s mother’s name must
be visible on the birth certificate)
If petitioner was not born in the United States, a copy of Petitioner’s Certificate of
Naturalization or Citizenship or Petitioner’s U.S. passport;
A copy of petitioner’s stepbrother’s or stepsister’s birth certificate showing his or
her name and your common parent’s name;
If petitioner’s stepsibling is or has been married, petitioner must provide evidence
of the marriage(s) in order to prove that petitioner’s stepsibling was once a
“child” of the stepparent;
A copy of the civil marriage certificate of petitioner’s natural mother to
petitioner’s natural father and petitioner’s stepsibling’s natural mother to his or
her natural father;
Proof that any previous marriages entered into by petitioner’s and petitioner’s
stepsibling’s father and mother ended legally (this could include copies of divorce
decrees, death certificates, or annulment decrees);
A copy of the civil marriage certificate between a) petitioner’s father and
petitioner’s stepmother or b) petitioner’s mother and petitioner’s stepfather,
whichever is applicable.
Petitioner and beneficiary are stepbrother or stepsister. Petitioner was and/or
petitioner’s stepsibling was born out of wedlock, and petitioner is related through
petitioner’s father, and the child born out of wedlock was legitimated, petitioner must
file the following items with the U.S. Citizenship and Immigration Services:
Form I-130;
Petitioner’s birth certificate showing petitioner’s name and petitioner’s father’s
name;
If petitioner was not born in the United States, a copy of Petitioner’s Certificate of
Naturalization or Citizenship or Petitioner’s U.S. passport;
A copy of petitioner’s stepbrother’s or stepsister’s birth certificate showing his or
her name and the name of petitioner father;
Evidence that petitioner were and/or petitioner’s stepsibling was legitimated
before reaching the age of 18 and while still unmarried through:
a. the marriage of that person’s natural parents
b. the laws of petitioner’s or petitioner’s stepbrother’s or stepsister’s country
of residence or domicile, or
c. the laws of petitioner’s father’s residence or domicile
Petitioner and beneficiary are stepbrother or stepsister and petitioner was and/or
petitioner’s stepsibling was born out of wedlock and not legitimated, petitioner must
file the following items with the U.S. Citizenship and Immigration Services:
Form I-130;
Petitioner’s birth certificate showing petitioner’s name and petitioner’s common
parent’s name (if petitioner’s father married petitioner’s stepsibling’s mother,
petitioner’s father’s name must be visible on the birth certificate; if petitioner’s
mother married petitioner’s stepsibling’s father, petitioner’s mother’s name must
be visible on the birth certificate);
If petitioner was not born in the United States, a copy of Petitioner’s Certificate of
Naturalization or Citizenship, or Petitioner’s U.S. passport;
A copy of petitioner’s stepbrother’s or stepsister’s birth certificate showing his or
her name and petitioner’s common parent’s name;
A copy of the marriage certificate between a) petitioner’s father and petitioner’s
stepmother, or b) petitioner’s mother and petitioner’s stepfather, whichever is
applicable (the date of the marriage must be prior to the date on which the child
who was born out of wedlock reached the age of 18 or was married);
Proof that any previous marriages entered into by petitioner’s or petitioner’s
stepsibling’s father or mother ended legally (this could include copies of divorce
decrees, death certificates, or annulment decrees);
Proof that a bona fide parent-child relationship existed between petitioner’s
common parent and the child who was born out of wedlock before that child
reached the age of 21 or was married.
2. If the beneficiary is in the U.S., he or she needs to file I 485, G 325, I 693, I 864,
and I 765.
3. Note:
If anyone’s name has been legally changed (differs from the name on his or her birth
certificate), evidence of the name change must be provided.
