–Annie, a Client in EB-5 Investment Immigration (2024)
–Ms. Liu, a Client in Real Estate (2023)
–Mr. Zhang, a client in China Practice (2023)
An immigrant visa is a document issued by a U.S. consular officer abroad that allows you to travel to the United States and apply for admission as a legal permanent resident (LPR). Before obtaining this “ticket”, you need to make various types of petitions. There are two primary types of immigrant visa petitions, one is family-based and the other is employment-based. Years after becoming a legal permanent resident, you are qualified to become a US citizen through naturalization.
Click on the Visa type below for more information:
General Requirements
If you would like to immigrate to the U.S. through family-based green card, you need your close relatives who are in the U.S. to sponsor you. In order to be able to sponsor a relative to immigrate to the United States, the sponsor must meet the following criteria:
Checklist of Supporting Documents
EB1 & NIW Self-Sponsorship
There are two ways in which a foreign national can bypass the requirement of a job or job offer and labor certification/PERM and apply for US permanent residence. They are the priority worker EB-1 category for Aliens of Extraordinary Ability and the exceptional worker EB-2 National Interest Waiver (NIW) category. Although these are employment based immigrant categories, neither require actual employment or even a job offer prior to the filing of the application or the approval.
The requirements of each category are quite stringent and a casual observer may believe that a Nobel prize is required to get an EB-1 petition approved, this is not the case. Likewise, the NIW requirements can be overcome with a strong legal argument.
The benefits of the EB-1 and NIW are enormous: Speed, Cost, and Freedom.
Checklist of Supporting Documents
1. Documentation of the alien’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
2. Documentation of the alien’s membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;
3. Published material about the alien in professional or major trade publications or other major media, relating the alien’s work in the field for which classification is sought. Such evidence shall include the title, date, and author of the material, and any necessary translation;
4. Evidence of the alien’s participation, either individually or on a panel, as a judge of work of others in the same or an allied field of specialization for which classification is sought;
5. Evidence of the alien’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;
6. Evidence of the alien’s authorship of scholarly articles in the field, in professional or major trade publications or other major media:
7. Evidence of the display of the alien’s work in the field at artistic exhibitions or showcases;
8. Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation;
9. Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field;
10. Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.
11. Current resume
12. Copies of transcripts and diplomas
13. Copy of your employment contract or a letter from your company confirming your offer of permanent employment
14. Financial statement of the company or annual report (not necessary)
15. General information on your company or research institution (promotional literature, brochures, etc.)
PERM Details
According to the DOL, the new PERM process is designed to eliminate the traditional labor certification process and create a single automated process for labor certifications that is based primarily on the current procedures for RIR. Unlike the previous RIR program, a PERM application can be filed in as little as 37 days and the DOL processing time is designed to be significantly shorter.
General Requirements
The US companies must offer a job to a foreign national and offer to pay the prevailing wage for that position. The US company must advertise the position in house and in a local newspaper to give US workers an opportunity to apply for the job. Upon the conclusion of the advertisements, the US employee must show why the US applicants cannot perform the job and why the foreign national can.
Checklist of Supporting Documents
1. Copy of Application for Alien Employment Certification (Form ETA 9089);
2. Prevailing Wage determination;
3. Internal Job posting documentation; all recruitment related documentation. Documentation of major newspaper (Wall Street, Boston Globe, Boston Herald) or Technical Magazine (Info World, Computer World, Networld) advertisements; Company website advertising; Recruiter invoices and contract, on-line recruiting efforts including but not limited to copies of job postings from Boston.com, Monster.com, HotJobs.com, Techjobs.com…Posting with the Mass Dept. of Employment & Training, etc…
4. Copy of passport (cover to cover) and 1-94 (if applicable);
5. Resume;
6. Copies of all degree certificates, i.e., Bachelors, Masters, etc.
7. Copies of transcripts (marksheets) from all colleges for all degrees;
8. Copies of all diploma or training course certificates;
9. Results of any technical exams passed (if applicable);
10. Documents proving completion of high school, i.e., secondary and higher secondary school exam results, school leaving certificates (if available), etc.
11. Letters of professional references, recommendations, etc.
12. Awards or other types of recognition (publications, etc., if applicable);
13. Copies of “Notice of Action” (I-797) from Immigration and Naturalization Service for any previous petitions filed on behalf of the alien, including prior H-1, H-4, etc.
Naturalization Details
Naturalization is the manner in which a person not born in the United States voluntarily becomes a U.S. citizen. In this section, you will find information on eligibility requirements, the naturalization process and test, how to help your students get information about naturalization by attending an information session, and how to contact USCIS.
General Requirements
Before an individual applies for naturalization, he or she must meet a few requirements. Depending on the individual’s situation, there are different requirements that may apply. General requirements for naturalization are below.
The Naturalization Process