Call. Visit

Transcription

1 1

2 HOW TO GET A GREEN CARD QUICK: KNOW YOUR OPTIONS The United States offers several expedited or quick ways to become a Permanent Resident (Green Card Holder). A Green Card allows you to live and work permanently in the U.S. 2

3 Below is a list of several ways that you may qualify for a quick Green Card. Choose the appropriate category and click Learn More Persons of Extraordinary Ability, Multinational Executives or Managers, Outstanding Researchers/ Professors National Interest Waiver Green Card through Investment 3

4 #1. EB-1 (Persons of Extraordinary Ability, Multinational Executives or Managers, Outstanding Researchers / Professors) The EB-1 Employment Based Green Card is suitable for priority workers who are persons of extraordinary ability, outstanding researchers or professors or multinational executives / managers. No labor certification is required for any of the EB-1 subcategories. Because there is no labor certification, applicants can save at least 8-18 months in applying for the green card. 45

5 A. Aliens Of Extraordinary Ability I. Aliens Of Extraordinary Ability are those deemed to be at the top of the field, specifically, you must be able to demonstrate extraordinary ability in the sciences, arts, education, business or athletics through sustained national or international acclaim and it must be proven with extensive documentation. II. No job offer is required, therefore, applicants may self-petition. This means that an individual does not need an employer and can sponsor him or herself in this category. 5

6 B. Outstanding Professors And Researchers I. Outstanding Professors and Researchers must demonstrate international recognition for your outstanding achievements in a particular academic field, have 3 years of experience in the particular academic field, and be entering the U.S. for a tenure or tenure track position at an institution of higher education or comparable research position at not-for-profit research facility. II. A job offer is required from an institute of higher education or qualifying non-profit research facility. 6

7 C. Multinational Executives Or Managers I. A Multinational Executive or Manager can qualify for an EB-1 Green Card if they have been employed abroad for at least 1 year in the 3 years immediately preceding the application by a firm or corporation and you are seeking to come to the U.S. to continue working for that firm or corporation or its subsidiary, parent or affiliate company in an executive or managerial capacity. II. A job offer from the U.S. entity is required but no labor certification is required. Learn More 7

8 EB-1.1 (Challenges) My Case Scenario Kerstin Gerber I am a research scientist from Germany. My work is in the area of Semiconductor technology. I am well recognized in my field of research, and my work is regularly featured in many leading scientific journals and magazines around the world. I also frequently present papers at global scientific conferences. I wish to pursue research opportunities in the U.S. but I do not have any specific offer of employment in the U.S. from any institution yet. Is there a way for me to come and do research in the U.S. on my own?

9 VisaPro Attorney Says (Solutions) Persons with Extraordinary Ability in the Sciences, Arts, Education, Business, or Athletics are eligible to self-petition for a Green Card under the EB-1.1 Extraordinary Ability Category. In order to qualify under this category, you must have extensive documentation showing sustained national or international acclaim and recognition in your field of expertise. You must provide evidence of a significant one-time achievement like a Noble Prize, Olympic Medal, etc. or meet 3 of 10 enumerated criteria to prove extraordinary ability in your field. VisaPro Attorney Thomas Joy

10 VisaPro Attorney Says (Solutions) If you are able to sufficiently demonstrate extraordinary ability in your field of endeavor, you are not required to have a specific job offer and can file an Immigrant Petition on your own behalf, so long as you are entering the U.S. to continue working in the field in which you have extraordinary ability. VisaPro Attorney Thomas Joy If you do not satisfy the extraordinary ability requirements but can demonstrate international recognition for your outstanding achievements in the field of semiconductor research, you may be eligible to seek a Green Card under the EB-1.2 Outstanding Professors and Researchers Category.

11 VisaPro Attorney Says (Solutions) However, for an EB-1.2 Green Card, you must be entering the United States to pursue a tenure or tenure-track teaching position or comparable research position at a university or other institution of higher education or private company that employs at least three individuals full-time in research activities and have achieved documented accomplishments. You must have an offer of employment from that institution, who must file a Form I-140 on your behalf sponsoring a Green Card for you. VisaPro Attorney Thomas Joy

12 EB-1.3 (Challenges) My Case Scenario Lee Yongi I am currently in the U.S. in L-1A status heading an organization as the CEO. I have been in the U.S. for the past 4 years. Before coming to the U.S. I was working as the COO in our parent company in Korea. My company is willing to sponsor a Green Card for me. What would be the fastest way for me to get a Green Card through my employer?

13 VisaPro Attorney Says (Solutions) The fastest way for you to obtain the Green Card through your employer would be the EB-1.3 Green Card Category for Multinational Executives and Managers. The eligibility requirements prescribed for the EB-1.3 Green Card closely resembles those laid down for the L-1A nonimmigrant Visa. Therefore, generally, many people who qualify for an L-1A Visa also qualify for EB-1.3. VisaPro Attorney Thomas Joy A major advantage of qualifying for the EB-1.3 Green Card category is that no labor certification is required for the beneficiary under this category. The Labor Certification process generally involves several additional steps requiring the company to undertake a recruitment procedure to determine if there are any minimally qualified U.S. workers that are ready, able and willing to fill the position.

14 VisaPro Attorney Says (Solutions) The EB-1.3 category exempts the employer from this labor certification process thereby allowing multinational companies to transfer senior managers and executives to the U.S. without the additional need for recruitment. VisaPro Attorney Thomas Joy In your case, as you have worked as an Executive with the parent company in Korea, your employer should consider filing a Green Card for you under the EB-1.3 category for Multinational Executives and Managers. This process will be significantly quicker than many other Employment Green Card categories that may apply in your situation.

15 #2. EB-2 NATIONAL INTEREST WAIVER The National Interest Waiver (NIW) is available to foreign nationals of exceptional ability in the sciences, arts, or business, or advanced degreed professionals. The NIW is a procedure to bypass the cumbersome labor certification process which ordinarily is a prerequisite in obtaining permanent residence through the EB-2 Employment Based Green Card category. 15

16 A. National Interest Waiver Applicants seeking the National Interest Waiver are requesting that the labor certification be waived because it in is the interest of the U.S. to do so. The employment of the individual in the U.S. will greatly benefit the country and the field into which the person is entering. B. Aliens Of Exceptional Ability Aliens of Exceptional Ability in the arts, science or business or those who have a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business. 16

17 C. Advanced Degree Professionals Advance Degree Professionals are those who possess at least an Advanced Degree or its foreign equivalent (i.e., a Master s degree or higher) or a Bachelor s degree or its foreign equivalent and five years of progressive experience in the field. B. No Job Offer Is Required No job offer is required, therefore, applicants may self-petition. This means that an individual does not need an employer and can sponsor him- or herself in this category. Learn More 17

18 EB-2 NIW (Challenges) My Case Scenario Michael Hayes I am currently part of a National Nuclear Security Administration (NNSA) funded project that involves treatment of weapon-grade nuclear material and converting them into fuel pellets for nuclear reactors to be deployed for power generation across the U.S. I played a principal part in designing the project and continue to play a crucial role in overseeing various engineering requirements during the implementation stage of the project. I hold a Ph.D. in nuclear science. I want to know what could be the quickest way for me to get a Green Card.

19 VisaPro Attorney Says (Solutions) Generally, EB-2 Green Card petitions must be accompanied by an approved individual labor certification which requires an offer of employment and the employer to conduct recruitment to show that there are no available U.S. workers. The EB-2 National Interest Waiver (NIW) allows foreign nationals with exceptional ability or an advanced degree, who can show that their activities will substantially benefit the U.S. national interest, to request that the general Labor Certification requirement be waived for them. VisaPro Attorney Thomas Joy

20 VisaPro Attorney Says (Solutions) Though jobs that qualify for a national interest waiver are not defined by statute, National Interest Waivers are usually granted to those who have exceptional ability, or hold a U.S. advanced degree or a foreign equivalent degree (Masters or higher), and whose employment in the United States would greatly benefit the nation. To be able to seek a Green Card under EB-2 NIW, you must demonstrate that you possess unique knowledge or abilities that set you apart from other professionals and you will use these attributes in activities that will significantly benefit the United States. You must establish that you will serve the national interest to a substantially greater degree than would an available U.S. worker having the same minimum qualifications. VisaPro Attorney Thomas Joy

21 VisaPro Attorney Says (Solutions) Qualifying for an EB-2 NIW would allow you to bypass the cumbersome labor certification process, thereby significantly expediting your Green Card process. Furthermore, you are not required to have a specific job offer and can file an Immigrant Petition on your own behalf, so long as you are entering the U.S. to continue working in the field. VisaPro Attorney Thomas Joy

22 #3. EB-5 (Green Card Through Investment) The EB-5 Investor Visa program was created to promote investments in businesses in the U.S. and to create and preserve jobs. You can become a lawful permanent resident by establishing a new commercial enterprise and provide full-time employment to at least ten U.S. workers. 22

23 A. Aliens Of Extraordinary Ability I. Generally, the required minimum investment is $1,000,000 of capital. Capital is defined cash, equipment, inventory, other tangible property, cash equivalents, and indebtedness secured by assets owned by the alien entrepreneur [immigrant investor], provided that the alien entrepreneur [immigrant investor] is personally and primarily liable and that the assets of the new commercial enterprise upon which the petition is based are not used to secure any of the indebtedness. 23

24 II. For Targeted Employment Areas (High Unemployment or Rural Areas), the minimum qualifying investment is $500,

25 B. Job Creation Requirements I. Generally, to qualify for EB-5, you must create or preserve (for troubled businesses) at least 10 full-time jobs for qualifying U.S. workers within 2 years of the investor s admission into the U.S. II. A qualified employee is a U.S. citizen, legal permanent resident or other immigrant authorized to work in the U.S. (conditional resident, asylum, refugee or a person residing in the U.S. with a suspended deportation order). 25

26 C. Passive vs Active Investment Generally, the applicant is or will be engaged in the day-to-day managerial control or in the exercise of policy formation. D. Regional Centers In 1993, the Immigrant Investor Pilot Program was enacted to promote investments in areas called Regional Centers. In support of the program, Congress removed Pilot from its title. EB-5 requirements under this program are essentially the same as the standard EB-5 except that the investments are affiliated with the Regional Center. A regional center. 26

27 Ÿ Regional Center is defined as an economic unit that promotes economic growth, improves regional productivity, creates jobs and increases domestic capital investment. Ÿ A regional center must be pre-approved by USCIS before an investor can qualify for an EB-5 green card. Ÿ Job creation rules are relaxed in this subcategory as the creation of indirect jobs can be counted towards the total. 27

28 E. Conditional Green Card Upon approval, applicants will receive a 2-year conditional legal permanent card resident. Within the 90 days before the 2 year card expires, the investor must apply to remove the conditions by showing that the requisite number of jobs have been created and that the investment has not failed. Learn More 28

29 EB-5 (Challenges) My Case Scenario Mei Zhang I am interested getting a Green Card through EB-5 investment. I have narrowed down on a few businesses for investment but want to make sure I understand the requirements clearly before making any moves. Can you let me know if investing in an existing business is acceptable under EB-5 or can I only create a new business to be eligible? Will an area that has 12% unemployment be accepted as part of a "Targeted Employment Area." I just want to make sure I am not missing anything.

30 VisaPro Attorney Says (Solutions) In order to qualify for the EB-5, the investment must be in a New Commercial Enterprise. New Commercial Enterprise means an enterprise that is established either after November 29, 1990, or before November 29, 1990, but that is purchased and restructured or reorganized in such a way that a new commercial enterprise results, or that is expanded through the investment so that a 40% increase in the net worth or number of employees occurs. Thus, for an EB-5, you may create a totally new commercial enterprise, or invest in an existing business that will qualify as a new commercial enterprise as above. VisaPro Attorney Thomas Joy

31 VisaPro Attorney Says (Solutions) A Targeted Employment Area is an area that, at the time of investment, is a rural area or an area experiencing unemployment of at least 150% of the national average unemployment rate. Information about the current national unemployment rate may be obtained from the U.S. Bureau of Labor Statistics to calculate whether an area that has 12% unemployment qualifies to be a Targeted Employment Area. Additionally, most states often publish areas considered Targeted Employment Areas within their states. You should, however, make sure to thoroughly verify the current national and local unemployment rates before committing any final action. VisaPro Attorney Thomas Joy

32 NEXT STEPS REQUEST QUICK GREEN CARD FILING CONSULTATION We'll talk through your priorities and determine how to secure Green Card fast with or without an employer. "Thank you for all your efforts in helping us acquire our permanent resident status in easy and quick manner. We appreciate [VisaPro] attorney's consultation that made such a huge difference in our case. We want to thank attorney who handled our case very successfully... Murtuza Kothawala United States SCHEDULE YOUR FREE CONSULTATION 32

33 VISAPRO ATTORNEYS Thomas Joy Ancy S. Varghese A.R. Keshmiri Over 36 years of immigration law experience Near 100% success helping clients with immigration matters Specialized expertise in EB-1 and EB-2 NIW green cards Highly successful in securing O-1 Visas Over 12 years of immigration law practice Thousands of cases handled successfully 33

34 ABOUT VISAPRO VisaPro was established in October 2002 with a dream to provide exceptional U.S. immigration legal services at reasonable costs to companies and individuals around the globe and today we are proud to say that we have succeeded. VisaPro offers services in the following areas: Investor and Entrepreneur Advisory Services Work Visas: E-3, H-1B, H-2B, H-3, L-1, O, P-1, P-3, TN Investor Visas: E-1, E-2, EB-5 Green Cards Employer Immigration Compliance 34

35 THANK YOUR FOR READING Learn, Connect, Share Get a Complimentary FREE Visa Assessment from an experienced attorney Need Help? Washington, DC th Street NW Suite 1000 Washington, DC Los Angeles 1100 S Hope St. Suite 103 Los Angeles, CA New York 520 White Plains Road Suite 500 Tarrytown, NY