Immigrant visas allows a foreign national to enter the United States as a lawful permanent resident (LPR) or green card holder.
Immigrant Visa’s allows applicant and their immediate family members (spouse and children under 21) to obtain permanent residency to work and live in the United States.
If you are interested in obtaining an Immigrant Visa, or if you have questions about maintaining your Immigrant Visa status, it is recommended that you consult with one of our experienced immigration attorneys.
EB1 Visa
EB1 is a category of employment-based immigration visas that allows foreign nationals with extraordinary abilities, outstanding professors and researchers, and multinational executives or managers to obtain permanent residency in the United States.
To qualify for an EB1 visa, an applicant must meet one of the three subcategories:
EB1A – Extraordinary Ability: The applicant can apply without a sponsor but must demonstrate extraordinary ability in their field. The applicant must also provide evidence of their qualifications, including awards, publications, patents, and other significant contributions to their field. Furthermore, the applicant must also show that they have the intention to continue working in their field in the United States.
EB1B – Outstanding Professors and Researchers: The applicant must have at least three years of experience in teaching or research in their academic field, and must have a job offer from a U.S. employer. They must also demonstrate international recognition for their achievements in the field.
EB1C – Multinational Executives and Managers: The applicant must have been employed as an executive or manager by a multinational company for at least one year in the three years prior to filing the petition. They must also have a job offer from a U.S. employer that is a subsidiary, affiliate, or parent company of the multinational company.
In addition to meeting the eligibility requirements for one of the subcategories, EB1 applicants must also provide evidence of their qualifications, including awards, publications, patents, and other significant contributions to their field. Furthermore, the applicant must also show that they have the intention to continue working in their field in the United States.
EB2 NIW Visa
EB2 NIW (National Interest Waiver) allows foreign nationals with exceptional abilities in their field of work to live and work in the United States a lawful permanent resident.
The EB2 category typically requires a job offer from a U.S. employer and a labor certification, which involves proving that there are no qualified U.S. workers available to fill the job position. However, the National Interest Waiver allows the applicant to waive the requirement of a job offer and labor certification, provided that their work is deemed to be in the national interest of the United States.
Applicants can obtain residency without needing an employer to sponsor them and without having to go through the lengthy process of labor certification.
EB-2 visas are intended for two categories of applicants: (1) those who belong to professions that require an advanced degree (or its equivalent); or (2) those who can demonstrate in some other way an “exceptional ability” in their specific field, whether in science, arts, medicine, business or athletics, that would significantly benefit the national economic, cultural or educational interests or the welfare of the United States. Applicants in the first group must be seeking a job in the United States that requires an advanced degree (such as a university degree and five years of progressive experience in the field) and meet the necessary job qualifications. As for visas for applicants with extraordinary abilities, they must demonstrate that their ability is “significantly superior” to what is normally found.
The applicant must demonstrate the following three criteria:
- The foreign national’s proposed endeavor has both substantial merit and national importance,
- The foreign national is well positioned to advance the proposed endeavor, and
- On balance, it would be beneficial to the United States to waive the requirements of a job offer and labor certification in the EB-2 category.
The applicant does not need to prove that their endeavor will be successful, but rather that they are in a good position, based on their education, specific knowledge, and professional history, to obtain success.
EB-2 EB-3
THROUGH EMPLOYMENT (PERM) Visa
The EB-2 and EB-3 Visa categories allows a foreign employee to live and work in the United States, for an employer that has conducted a recruitment process to test the U.S. job market and ensure that there are no qualified U.S. workers available to fill the position.
“PERM” stands for “Program Electronic Review Management”. The PERM process is part of the employment-based green card application process.
The PERM consists of 3 steps that must be complied by the employer, including an application before the Department of Labor, recruitment process and, lastly, the application before USCIS.
EB5 Visa
The EB- 5 Visa allows foreign investors to obtain permanent residency in the United States by investing a significant amount of capital in a U.S. business.
The amounts of investment are set on $800,000 for investments made on targeted employment area (TEA) or rural areas; and $1,050,000 on the remaining locations. The investment could be made through a USCIS-approved Regional Center or directly by the Investor in a new or existing business.
Applicant must prove that the invested funds come from a legitimate source.
Family Based Petitions
We provide specialized services in family visas that allow American citizens and permanent residents of the United States to reunite with their loved ones.
Our family-based petition services include:
• Immediate family petition for American citizens, which allows spouses, parents, and unmarried children of US citizens under 21 to obtain permanent residency quickly. These beneficiaries obtain a green card through this process.
• We also help permanent residents apply for reunification with their family members by petitioning for a relative. This option is valid for spouses, unmarried children under 21, and unmarried children over 21. These beneficiaries obtain a green card through this process.
• The fiancé(e) visa process allows a foreign national engaged to a US citizen to enter the United States with the intention of getting married. These beneficiaries obtain a nonimmigrant K-1.
• Permanent residency process for the surviving spouse of an American citizen who was married to their US citizen spouse at the time of their death. We assist with the visa process for the surviving spouse of a US citizen. This visa is designed to allow the surviving spouse of a US citizen to enter the United States to reside permanently. These beneficiaries obtain a green card through this process.
Our team of expert immigration lawyers is highly trained to guide clients through each step of the family-based immigration process: from petition filing to embassy interview or adjustment of status if the beneficiary is already in the United States. Our team will ensure that all requirements and documents are effectively filed and deadlines are met.
Our services include:
- Family-based immigration consultations: We offer consultations to assess eligibility for family-based immigration, identify the best immigration options available to you, and provide guidance on the application process.
- Filing family-based petitions: Our firm helps you file the family-based petition with the U.S. Citizenship and Immigration Services (USCIS) on behalf of your family member. We will ensure that all necessary documentation is included and that the petition is filed correctly and on time.
- Adjustment of Status: If your family member is already in the United States, we help you file for adjustment of status so that such family member can obtain permanent residency in the country.
- Consular Processing: If your family member is outside of the United States, we assist you with consular processing of their visa application.