Immigrant Visas

The great American dream draws people from all over the world to the United States. Be it in search of a new job or a fresh life or even seeking refuge from persecution, every person has to obtain an immigrant visa in order to reside permanently in this country. Popularly known as the "green card", this can be achieved in two ways; and is dependent on employment-based qualifications and family-based qualifications.

These visas are further categorized under a Preference system with a certain number of visas allocated annually to each of the Preferences. Most employment-based petitions (there are exceptions) require obtaining an "Alien Employment Certification" (or popularly call the Labor Certificate) from the United States Department of Labor. This basically involves an employer showing that qualified workers are not readily available in the United States to fill a position. The labor certification process is long and complex and in certain areas may take several years to complete.

Family-based petitions are generally filed by an immediate relative of a foreign national on the latter's behalf as part of the process of obtaining legal permanent resident status for the relative. The category of relatives is restricted to parents, children (over 21), spouses, and siblings of the foreign national. However, uncles, aunts, grandparents, cousins, etc. are not eligible to apply for a relative. A sponsor of a family based immigrant is required to file an Affidavit of Support to show that the sponsored immigrant will be supported at 125% of the poverty level for ten years, forty quarters, or until the immigrant obtains United States Citizenship.

Applying to these or any other categories requires a lot of ground work and tireless pursuit of the goals. Questions such as admissibility, previous entries into the United States, ability to support oneself, etc. need to be answered correctly and without a shadow of doubt. Therefore discussing every little detail is of paramount importance before you even enter the maze. Naturally you would want to partner with someone who knows the routes and the walls that could appear at every corner once you enter the immigration maze.

Ahluwalia Law Professional Corporation understands that making your way through the complex maze of immigration could be confusing and often frustrating. Ahluwalia Law Professional Corporation provides assistance in all aspects of immigration, from start to finish.

Investment based Immigration or the EB5 visa is offered by the United States to qualified individuals seeking permanent resident status on the basis of their engagement in a new commercial enterprise. Each year, the US CIS opens up 10,000 immigrant visas of which 5,000 are reserved for those who apply under a pilot program involving a "Regional Center" designated by US CIS.

A Regional Center should be an entity, organization or agency that has the US CIS approval and focuses on a specific geographic area within the United States. The Regional Center must promote economic growth through increased export sales, improved regional productivity, creation of new jobs, and increased domestic capital investment.

Employment based Immigration is employment based and includes business professionals, entrepreneurs, or investors seeking a visa. The immigrant based employment visa is also important for representatives of any United States corporation, university, or organization which employs foreign nationals. Should you belong to any of these categories, you will definitely require the advice of a qualified and experienced attorney on employment visas and related legal issues.

There are many categories that encompass employment-based immigration. These visas are different than temporary employment-based nonimmigrant visas, and they require a complete understanding of United States immigration law. Take for example, when you need an investor/employment visa, this includes two different types of investors, is numerically capped as to the number of visas issued each year, and is very specific in terms of the types and amount of investment required. Employment-based immigrant visas are based upon categories such as:

* Extraordinary Ability of Aliens * Outstanding Researchers and Professionals *Professional Talent * Multinational Executives and Managers * Investors and Employment Creation

There are numerous angles to each visa and even filing the appropriate visa application requires a firm understanding of the goals of both the foreign national employee and the business seeking to hire a foreign national. A qualified and experienced attorney will evaluate the unique facts of each situation and will determine which visa to apply for and the necessary information and documentation that are required to be furnished by the US CIS.

Call us or email your details and we will be delighted to set up a meeting to evaluate and discuss your requirements. Our competent staff will take care of the procedures from start to finish.

Further information can be obtained by accessing the following websites:
www.travel.state.gov/visa
http://www.uscis.gov/