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Employment Immigration

One of the most frequently-utilized routes to immigration is through sponsorship by a US employer (or in some cases through self-sponsorship). There are a number of different categories that may be available. For most of these categories, there is a three-step process:

  • the employer obtains "labor certification" from the U.S. Department of Labor,
  • the employer obtains approval of a visa petition from the USCIS, and
  • the prospective employee adjusts to permanent resident status through the USCIS (if in the U.S.) or obtains an immigrant visa at a U.S. embassy or consulate overseas.

For other categories, the first step (labor certification) and/or the requirement of having an employer sponsor may be avoided; generally these categories are for more high-level positions or highly-qualified personnel.

Our services: We will advise the employer and prospective-employee on eligibility requirements; assist with the labor certification, petition, and green card/visa process; prepare the applications and petitions; file and monitor the case; and provide oversight and assistance throughout the process. We will help prepare for the adjustment of status interview or consular interview. In the case of the state-side adjustment of status interview, we will attend the interview with you, providing you counsel and representation at this sometimes stressful event.


Consult:

Articles:

Forms:

Resources:

For More Information:

  • Contact us at 410-719-1501.

Family Immigration

For those with a close family member who is a U.S. citizen, or a permanent resident, the chances of immigrating are very favorable. There are two basic types of relatives that can provide benefits to obtaining permanent resident status: immediate relatives (spouse and minor, unmarried children and parents) and "preference" relatives (unmarried sons and daughters of green card holders and U.S. citizens, married sons and daughters of citizens, and brothers and sisters of U.S. citizens).  The family immigration process generally starts with a petition filed by the US citizen or permanent resident relative with the USCIS, and culminates with the adjustment of status or immigration of the beneficiary relative.  

Our services: We will advise you and your family on eligibility requirements, prepare the family-based petition documentation, file and monitor the case, and provide oversight and assistance throughout the process.  We will help prepare for the adjustment of status interview or consular interview.  In the case of the state-side adjustment of status interview, we will attend the interview with you, providing you counsel and representation at this sometimes stressful event.


Consult:

Articles:

Forms:

Resources:

For More Information:

Contact us at 410-719-1501 .

Green Cards

The Green Card is issued upon approval of permanent residence status by the USCIS.  Permanent residence status confers many benefits, including the ability to work in the US, travel abroad for limited period of time and return without a US visa, and sponsor immediate family members for green cards of their own.  It is possible to remain a permanent resident indefinitely, although most see this status as an intermediate step to citizenship.  

Permanent residence through petition is generally achieved as a result of petition by a close relative, an employer, or (in some cases) oneself (i.e., a "self-petition").  Permanent residence may also be obtained through a process not involving petition, such as through the diversity visa ("green card lottery") program, or through asylee status.

In all cases, permanent residence is achieved either through a process termed "adjustment of status" (if the applicant processes in the US), or through consular processing at a US mission abroad.

Our services: We will counsel you regarding your, your relative's, or your employee's eligibility for a green card.  We will provide assistance and guidance in obtaining the necessary evidence, preparing the paperwork, submission to the US, communicating with government agencies on your behalf, and monitoring the case until conclusion. 


Consult:

Articles:

Forms:

Resources:

For More Information:

Contact us at tel: 410-719-1501 for more information. 

 

Business and Investor Visas

The U.S. immigration law has established several categories of non-immigrant and immigrant visas targeted to investors and business people.  This article explains the more pertinent aspects of these.  For other visas of interest to workers or companies please check out our section on employment visas.   

Non-immigrant Visas

B-1 -- Business Visitor

This visa category is for those who want to come the United States temporarily to conduct business activities.  A B-1 holder may not receive compensation from a U.S. employer, or engage in productive employment that U.S. workers might perform. B-1 visas are for people coming the United States to consult, sell products, attend conferences or business meetings, evaluate investments, etc. A B-1 visa is obtained by application at a U.S. consulate abroad, where the applicant must prove the ability to support him or herself in the United States, document the purpose of the trip and demonstrate an intent to return home to his or her foreign residence at the end of the trip.  Due to the relatively simple application process, many people seek to use this visa, where another visa would be more appropriate (in the eyes of the U.S. government).  Therefore, consulates closely examine whether applicants are truly eligible for a B-1.  

B-1 visas are usually "multiple entry" for up to 10 years, allowing for the visa holder to repeatedly enter the country during that time without applying for a visa each time.  The duration of stay can be anywhere from 3 weeks to 6 months upon initial entry. Once in the United States, the visa holder can be extended,  through the INS, for up to 18 months on one trip.

Nationals from 23 countries can enter the United States for up to 90 days without having to obtain a B visa, under the visa waiver pilot program.  Although there are certain disadvantages (for example, someone cannot change visa status while in the country under this program), this category can be useful for short term business visits.  

E-1 and E-2  -- Treaty Traders and Investors

An E-1 treaty trader is someone who enters the United States primarily to carry on trade between the United States and a foreign country that has signed a treaty of commerce and navigation (or its equivalent) with the United States. The treaty trader must carry a passport from the country represented. The initial period of admission is one year. Indefinite extensions of stay are possible.

An E-2 treaty investor is also a national of a foreign country with which the United States has signed a treaty of commerce and navigation, or its equivalent. However, a treaty investor is someone directing and developing a business in which he or she has invested a substantial amount of capital. Top managers and executives of firms that have made substantial investments in qualifying enterprises may also qualify, as may "essential" employees. A one year initial period of admission is permitted, with extensions available in appropriate circumstances.

Immigrant Visas

The so-called "Millionaire's Visa,"  the EB-5 or Employment Creation immigrant category allows 10,000 visas annualy for "immigrant investors" who can invest at least $1 million in a new enterprise in the United States.  This new enterprise must create at jobs for at least ten U.S. workers.  And, if the investment is in a certain targeted underemployment area, the required investment can be reduced to $500,000.

For More Information:

Contact us at 410-719-1501.

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