Our website offers a concise overview of various aspects within the realm of USA immigration law. This includes both the intricate and ever-evolving federal regulations, processes, and legal precedents. We aim to provide a succinct summary of key areas, such as immigrant and non-immigrant visas, investment pathways for obtaining permanent resident status (Green Card), adherence to federal statutes, and a range of related services. Our legal expertise extends to serving clients in all immigration visa categories within the United States, under the overarching theme of USA IMMIGRATION.
IMMIGRANT VISAS (Green Card)
Individuals who are granted indefinite residence permission in the United States are commonly known as immigrants or lawful permanent residents (LPRs). The official document that serves as proof of LPR status is frequently called a green card. LPRs have the privilege to both reside and work within the United States and can easily travel in and out of the country. It’s important to note that an LPR is distinct from a U.S. citizen but may become eligible to apply for citizenship after meeting specific residency requirements. This process is a significant aspect of USA immigration.
Employment Options
If you wish to obtain a green card through employment, in most cases you will need an employer to sponsor you. Once you have obtained a sponsoring employer, you will need to go through an application process. Generally, there are three major steps in becoming a lawful permanent resident in the United States: labor certification (labor certification does not apply to all cases), the petition, and adjustment of status or consular processing.
- EB-1 (Extraordinary Ability)
- EB-2 (National Interest Waiver)
- EB-3 (Skilled and Unskilled Jobs currently available)
- EB-4 (Special Immigrants)
EB-1 (Extraordinary Ability)
The EB-1 Extraordinary Ability category is for foreign nationals of extraordinary ability in the science, arts, education, business, or athletics.
The qualified individual must demonstrate extraordinary ability through sustained national or international acclaim.
The requirement for this category can be met with a one-time achievement in the major award (i.e. Pulitzer, Oscar, and Olympic Medal) or with receipt of lesser nationally or internationally recognized prizes or awards and evidence of other recognizable achievements.
Advantages:
- No labor certification is required
- No job offer is needed; thus can self-petition
- Premium Processing is available
EB-2 (National Interest Waiver)
The NIW sub-category involves members of the professions who hold advanced degrees or persons of exceptional ability.
Although EB-2 petitions generally require a sponsoring employer and an approved individual labor certification, those who qualify under the NIW sub-category may self-petition without the need of an employer.
The need for labour certification is waived to qualified individuals because it is in the interest of the United States. In order to qualify, you must satisfy the following requirements:
Requirements:
- Evidence of the benefits that the proposed employment will be national in scope.
- Evidence of employment in an area of substantial intrinsic merit.
- Evidence demonstrating that waiving the labor certification would benefit the national interests of the United States.
EB-3 (Skilled and Unskilled Jobs currently available)
The name EB-3 stands for “Employment-Based Immigration: Third Preference”. This program is meant for foreign workers that want to be permanent residents in the USA. To be eligible, the candidate must apply under one of the following subcategories: “skilled worker”, “professional”, or “unskilled worker”.
Immigrating to the USA was never that easy! In addition, the program has no age, language proof, education, or net worth prerequisites. Also, spouses and unmarried children under the age of 21 can be included in the EB-3 application and become permanent residents of the USA too.
Since the U.S government demands a labor certification and a permanent full-time job offer for all EB-3 applicants, one of those jobs can be the key to access permanent residency in the USA. HSM can provide a ‘turnkey solution to your immigration needs including selecting a safe and secure employer for you.
Advantages:
- Fast Processing Period
- For Unskilled Workers Program – NO educations and skills needed
Don’t miss the opportunity to apply for the U.S. EB-3 program, be a Permanent Resident in the US and live your American Dream. You can count on HSM to help you during all the application processes.
EB-4 (Special Immigrants)
EB-4 Category is for special immigrants such as religious workers, certain long-time employees of the U.S. government, citizens of Iraq or Afghanistan that have worked for the U.S. Armed Forces as a translator for at least 1 years, some physicians who have a residence in the U.S. for a number of years juvenile dependents of a court who are eligible for foster care, some dependents of diplomats, employees of the American Taiwan Institute for at least 15 years, persons who have served in active duty in the U.S. armed services for 12 years or after 6 if they have reenlisted for 6 additional years, etc.
Requirements:
- Religious Worker
- Broadcaster
- Iraqi/Afghan Translator
- Iraqi who has assisted the US
- Employee of an international organization
- Employee of the Panama Canal Zone
- Physician
- Retired NATO-6 employee
- Member of the Armed Forces
- Spouse or child of deceased NATO-6 employee
EB-5 (Investment Visas) via Bistro Franchises
Foreign nationals can secure permanent resident status in the United States through the EB-5 visa category. This option also extends to the applicant’s spouse and children under 21, known as “qualifying family members,” who are eligible for green cards as well.
Investment Criteria
To qualify, applicants must invest in a new commercial enterprise while meeting specific job creation and capital investment requirements. The minimum qualifying investment in the US stands at $1.8 million. However, investments in Targeted High Employment Areas (areas with high unemployment or rural regions) require a reduced minimum investment of $900,000.
Trusted Regional Center Options
HSM has meticulously curated a range of reputable regional centers for potential investors. These projects have received approval from the United States Citizenship and Immigration Services (USCIS) and are offered by trustworthy and respected companies.
Expert Consultation
We are pleased to offer a complimentary consultation to assess your eligibility for an EB-5 Visa. Our priority is your success, and if we determine that your chances of obtaining an EB-5 visa are low, we are committed to providing honest and candid advice. In such cases, we will explore alternative immigration options that may better suit your circumstances.
NON-IMMIGRANT VISAS (Temporary Visas)
The United States offers temporary visas to individuals who, for various reasons, do not plan to establish permanent residency in the country. These individuals encompass students, trainees, temporary employees, professionals, laborers, entrepreneurs, investors, and others seeking to work or stay in the U.S. for a limited duration. Foreign nationals residing temporarily in the U.S. fall under the category of non-immigrants within the context of USA immigration.
In the realm of USA immigration, it’s important to note that unlike immigrant visas, the majority of non-immigrant visas are not subject to numerical restrictions. In other words, most non-immigrant visas do not have a cap on the number of visas granted each year. Additionally, specific non-immigrant visas offer the opportunity for foreign nationals to work in the United States while their green card application is in process.
Employment Visas
There are a variety of visas available for foreign nationals who have been offered a job in the United States by a U.S. employer. The list of employment visas below links to articles on this website that summarize the requirements for each.
Employment Visas for Professionals
- H-1B – For persons in a specialty occupation (eg. professionals)
- TN – For professionals who are citizens of Canada or Mexico
- E-3 – For Australian professionals
- J-1 – For those participating in an internship, training program, or exchange program in the U.S.
- O-1 – For persons with extraordinary ability in the arts, sciences, business, athletics, or education.
Employment Visas for Managers, Investors and Entrepreneurs
- L-1 – For Intracompany transferees
- E-1 – For managers/executives of companies that conduct most of their business with the U.S.
- E-2 – For managers/executives of companies that invest a substantial amount of capital in the U.S.
Visas for Members of the Media, Actors/Actresses, and Athletes
- I-1 – For representatives of the foreign media
- P-1 – For athletes and entertainers
- O-1 – For persons with extraordinary ability in the arts, sciences, business, athletics, or education