If you decide to immigrate to the U.S. on the EB-1 or EB-2 visa, it’s crucial to have a detailed plan for the entire immigration process in order to avoid unforeseen difficulties. The immigration process takes a lot of time, money, and effort. What is more, the judicial process is complex. Every missing detail could result in delays, additional expenses, and reduce the opportunity to live at the U.S. at all.
Immigration stages for persons of this category are similar, differing only by processing periods, document packages, and individual details for each case.
An immigration visa can be applied for from the States when living on a temporary basis or on a work permit.
The initial stage in the process of immigration is gathering and preparing documents required for the application package.
The application package contains essential evidence of candidate’s conformability to the standard government requirements. (The requirements are listed in a separate section.) If the evidence gathered is not adequate, it may require additional time and effort to get them.
For example, you may need to provide documentation for your participation at international conferences, publication of your research, or networking with major experts in your field of expertise. The length of this time to gather necessary documentation depends on each given candidate and their level of qualification. Regardless, it is best to gather all this information in advance of filing a petition.
Usually, the American employer files the petition for an employment-based visa on behalf of a candidate. The I-140 form is filed along with the package of the documents verifying the candidate’s eligibility, They are submitted along with a pledge for foreign employee recruitment.
An employer must receive the approval from the Department of Labor initiating the application. The employer must justify the recruitment of a foreign employee based upon the lack of candidates in the U.S. with the essential qualifications for the position to be filled.
Approval may take from eight months to two years. The process is detailed, time-consuming, and costly for the employer. It is important for your evidence to satisfactorily convince immigration officials that your services and skills are, indeed, necessary, unique, and unattainable from the American workforce.
This process is the same for EB-1 and EB-2 Visas, except that an applicant may personally apply for the EB-1A visa.
The EB-1C visa also has some specific points while petitioning, information on this type of visa can be found here or via consultation with an attorney.
Waiting for the USCIS decision may take a long time, depending on the waiting list for the category and their workload. On average, the approval process takes about eight to nine months. The waiting list is different for the countries. For the EB-1A category, however, if irrefutable evidence is provided, processing may take as few as 15 working days.
Provided the USCIS decision is positive, if the applicant resides abroad, they are invited for the interview. If the evidence package is considered to be inadequate, a letter of Request for Further Evidence (RFE) will be issued. In that situation, the applicant must gather and submit further evidence to the USCIS, thereby unnecessarily delaying the process. (Refer to Point #1 – Preparing your case.)
Your visa may be obtained from abroad or in the U.S., depending on the location of a petitioner during the application process and whether he had another basis to reside in a U.S. territory.
For instance, if a person previously had a work permit and resided in the country on a temporary employment-based visa, the EB-1 and EB-2 visa can be obtained in the United States. In other cases, individuals must communicate with the U.S. Consulate in their home country.
If an applicant was outside the U.S. when the visa was granted, he will now be allowed to cross the border. There may be certain timeframes within which the applicant is allowed to enter the country in some cases. If those timeframes are not observed, the visa may be canceled.
EB-1 and EB-2 Visas allow the recipient to request a Green Card right after entering the country or after receiving them whilst already on the U.S. territory except for citizens of India and China who have a settled pending period.
Applicants for other employment-based visas are placed in a queue for application processing.
If an applicant is currently living on U.S. territory, they can save time by filing the petition for permanent residency status along with their petition for an EB-1 or EB-2 Visa. Once the process is complete, you will receive your visa by post.
The American Corporate Services attorneys have a wealth of experience with the immigration process. The company's clients range from students to the world's leading experts in their fields. A skillful attorney will provide you with complete information on your immigration options, help you to make wise decisions, and support you during every stage on the way to achieving your dream of living and working in America.
The American Dream is still alive, and we still welcome visitors and immigrants from other countries. People from all over the world want to come to the U.S. as students, skilled and unskilled workers, professionals, and entrepreneurs. Many come on temporary visas. Others hoping to obtain permanent residency.
This is confirmed by the fact that more than 14,000 people from other countries became U.S. citizens in nearly 175 naturalization ceremonies across the nation between June 28th and July 10th in 2018. The ceremonies took place in USCIS field offices and several iconic venues including Thomas Jefferson’s home at Monticello, George Washington’s home at Mt. Vernon, the New York City Public Library, and onboard the USS Midway in San Diego Harbor.
Forgive us if the news makes us look like we do not want immigrants. That is simply not true. What was once a “melting pot” where immigrants fled to blend into the American experience, has now become more like a stew of liberal, socialistic, and conservative views that cover the entire spectrum of ideology from misguided compassion to imprudent application of rules.
The problem is not the conflicting ideologies. The American spirit has always embraced the best of opposing ideas blended together in the special seasoning of the U.S. Constitution. Every great idea in America has come through compromises that promote the welfare, safety, and security of those living between sea to shining sea.
The emergence of the internet and social media now allows everyone who cares to speak out to do so at the same time when, previously, the platform and lectern accommodated only one at a time. As more noise fills the room, less attention can be paid to actual facts and reason.
So, in addition to the fact that we gladly gained 14,000 new citizens between June 28th and July 10th, here are a few more facts from fiscal year 2016 that give credence to the truth that we welcome immigrants.
In 2017, the U.S. issued 559,536 immigrant visas and 9,681,913 non-immigrant visas.
From 2013 through 2017, the U.S. has issued a more than 2.6 million immigrant visas and approximately 50 million non-immigrant visas.
Does this sound like a country that is opposed to immigration? Of course not.
The emotional issue that is clouding the facts is illegal immigration – how to deal with it and how to prevent it. Every country has laws that govern immigration. The variety of laws are widely divergent but the major issue in every country is the same: the degree of enforcement of those laws.
That is the issue right here in the United States. The current administration has become more diligent about enforcing the laws that have been previously largely unenforced. This has been due largely to the issue of supply and demand to the extent that the number of people wanting to immigrate has outweighed the USCIS and Homeland Security employees necessary to process visas in a timely and convenient manner.
If you or someone you know wants to immigrate to the U.S., be sure to secure the services of a professional, licensed Immigration Attorney who is familiar with the laws and the immigration process.
Our Immigration Attorneys have over 100 years of combined experience and expertise. We are available to review your situation and advise you on the best and right way to resolve your tenuous status.
Our last article shared an accurate status of the EB-5 Immigrant Investment Visa, explaining that, while much of the news reported about the program sounds bad, that is not entirely the case. Sometimes, wrong stories just get more press. Our previous article focused on the realities of pending EB-5 legislation. Be sure to read it and understand that bills pending bills in Congress does not mean that any changes will happen.
Let’s deal with the “what is” instead of the “what ifs.”
The direct investment option was and still is the fundamental underpinning of the EB-5 visa program. The direct investment option puts the investor in much closer relationship to his investment. With the direct investment option, the investor may:
If an EB-5 petitioner is willing to fund a project in a rural location or a Targeted Employment Area that is based solely on its existing high unemployment rate, the investor:
A Direct Investor puts some skin in the game. Although the investment must still be “at risk,” the investor may put himself (or herself) in a position to be able to mitigate the risk by participation in the actual management of the venture.
The Direct Investor must still create (or, in the case of a struggling business, save) 10 jobs for American workers, but they do not have to be created until a year and a half after their I-526 application has been approved.
We have mentioned these in previous articles, but a summary here is worthwhile.
The interested immigrant may pursue a different visa status. Some Chinese and Russian candidate may be eligible to enter the U.S. through the EB-1C, EB-2, EB-3, and L-1 Visas options. Please click on the links to read the articles for more in-depth information to help determine if any of these paths are potential options for you and your family.
And remember, the United States is not anti-immigration. America is a country built on immigration and built by immigrants. The current administration is focused on growing the U.S. economy. They know that cannot be done by keeping immigrants out, but by attracting the right immigrants so that they, too, can prosper and enjoy the land of the free and the home of the brave.
Sometimes it seems all news about the EB-5 Immigrant Investment Visa is bad.
The good news is that not all the bad news is completely accurate. For instance,
News: If Congress fails to pass impending spending legislation, the EB-5 program will no longer be available.
Fact. If Congress fails to pass impending spending legislation, it will more like pass yet another Continuing Resolution that funds government programs in question just as they are currently funded and have been for the past several years.
Fact: Only the continuation of the EB-5 Regional Center program might be at risk. If Congress passes a Continuing Resolution, the program will continue.
Fact: The EB-5 Direct Investment program will continue regardless.
News: Congress is considering revisions to the EB-5 program.
True, but not entirely factual.
Fact: There have been and are several Bills submitted for Congressional consideration and approval.
Fact: On average, more than 10,000 bills are introduced during every Congressional term. Only 4% (400) of all bills introduced ever become law. It has been rightly said that most bills introduced in Congress are dead on arrival when they are submitted to a committee.
Fact: Conversely, over 90% of all bills that are introduced fail.
Fact: Expert analysis currently gives S.232 a 15% chance of becoming law.
Fact: Expert analysis currently gives H.R.1502 a 21% chance of becoming law.
While others may be alarmists, often with the possible motive to gain clients, American Corporate Services, Inc. is committed to integrity. Part of that commitment is providing clarity when others are saying that the sky is falling.
Granted, the EB-5 program has its problems, but they are not fatal to the program. We will continue to provide additional clarity in our next article. Specifically, that article will address options available for EB-5 applicants, particularly with respect to quicker processing.