The P-1 visa is a nonimmigrant visa that allows talented athletes, entertainers, and artists to work and live in the United States temporarily. For individuals to be eligible for this visa, applicants must demonstrate they are coming to perform at a specific event or competition on an international level. Requirements for the P-1 visa include providing evidence of sustained national or international acclaim and recognition in your field, as well as a letter from a US employer confirming your employment. Additionally, you will need evidence of your past performance records, such as reviews by judges and other newspaper articles about your performances. Can a P-1 visa holder get a green card? Yes, a P-1 visa holder can obtain permanent residence (green card) in the United States. However, it is difficult to do so and generally requires that you meet the requirements of an EB1 Visa , which includes being an athlete with exceptional abilities or having received major international awards for your achievements. If you meet these requirements, you may be able to apply for a green card under the employment-based first preference category. When your visa expires, remember that you are required to return to your home country. When applying for a P1 visa, applicants must also provide evidence that they plan on leaving the US after their visa validity ends. This could include presenting a job offer from outside the US or proving that you have a current return ticket. It is important to remember that a P-1 visa does not guarantee permanent residence in the US, and it will eventually expire. When this happens, you must abide by the laws and leave the US before your visa expires. With proper application and evidence of exceptional ability in athletics, entertainment, or the arts, it may be possible to gain permanent residence in the United States with a P1 visa. However, if you wish to stay permanently in the US, you need to meet additional requirements for an EB1 visa. This blog provides background information on what a P-1 visa is, who is eligible for it, the requirements, and whether a P-1 visa holder can obtain permanent residence in the US. Lastly, it outlines that even if you have been granted a P-1 visa, this does not guarantee permanent residence in the US and that additional requirements must be met for an EB1 visa to gain permanent residence. If you have questions relating to the P-1 visa, we would be happy to review your case, guide you through the necessary legal procedures, and answer any questions you may have regarding your application.
The H-1B visa program has been beneficial to the U.S. economy, providing businesses with access to highly qualified, specialized foreign talent while at the same time creating jobs and stimulating economic growth in the U.S. By hiring H-1B workers, employers can fill gaps in their workforce that would otherwise remain unfilled. In addition to providing specialized skills, H-1B workers also bring innovation to their employers and help spur economic growth by spending money in the local economy. Studies have shown that for a given job category, high-skilled immigrant workers tend to be more productive than their native-born counterparts. This increased productivity boosts wages and salaries for native-born workers. The H-1B visa program is also beneficial to the U.S. economy because it helps attract businesses that might otherwise be located elsewhere. Companies seeking access to a highly skilled and educated workforce are more likely to choose the United States over other countries due to its large pool of foreign professionals, many of whom have obtained advanced degrees. This creates a ripple effect throughout the economy, as businesses can bring in new technology, increase foreign direct investment, and create more jobs for American workers. The H-1B visa program has become increasingly popular over the years, with demand outpacing supply each year since 2012. The H-1B visa program is an important part of the U.S. economy, providing businesses with access to specialized foreign talent, spurring innovation and economic growth, and creating jobs for American workers. It is a valuable tool that should continue to be available to qualified employers in the years ahead. If you have questions relating to the H-1B visa. We would be happy to review your case, guide you through the necessary legal procedures, and answer any questions you may have regarding your application.
As you may know, an interview is an essential part of obtaining virtually any nonimmigrant visa for entry to the United States. But K-1 fiancé visa interview questions dive deeper into your history and long-term intentions. They can even seem a little personal. For some people, that’s a little scary. It’s natural to be anxious about your K-1 interview. If you prepare yourself and know your fiancé well, you’ll find that the fiancé visa interview questions are actually very simple to answer. The K-1 questions will focus on your relationship with the U.S. citizen fiancé, and there’s no reason to fear the interview if you have a genuine relationship. Who Should Attend the K-1 Fiancé Visa Interview The K-1 beneficiary must attend the interview along with any K-2 children included on the same I-129F petition. The U.S. citizen sponsor is not required to attend the interview and generally may not attend. However, some U.S. embassies or consulates may allow the U.S. sponsor to attend. Check with the U.S. embassy near you for specific rules about fiancé visa interviews. What Documents Do I Need to Bring to the Interview? You will need to bring the following documents with you to the interview: ⦁ Form DS-160: Once this form has been completed through the online process, you will see a DS-160 confirmation page. Print this confirmation and bring it with you to your interview. ⦁ A valid passport enables you to travel to the U.S. and is valid at least six (6) months beyond the length of the K-1 visa. (Some country-specific agreements provide exemptions.) ⦁ Birth certificate: Be sure to have a version translated into English. ⦁ Divorce or death certificate(s) of any previous spouse(s) for both fiancés. Again, there are some country-specific exemptions. ⦁ Police certificates from your present country of residence and all countries where you have lived for six months or more since age 16. A police certificate details arrests and outcomes of any arrests. ⦁ Medical exam documentation: This must be done before the interview. The local embassy or consulate notifications will provide specific details, such as which doctors and locations are acceptable. The vaccinations required by law for immigrant visa applicants are not required for a K-1 visa applicant, but it is strongly recommended. Especially if the couple is going to file for a green card because the vaccines would be required. ⦁ Form I-134: Bring the Affidavit of Support form with you. ⦁ Two 2×2 photographs ⦁ Evidence of relationship Why Fiancé Visa Interview Questions Get So Much Attention Visa fraud, and particularly marriage fraud, has historically been a problem for U.S. immigration officials. Marriage fraud happens when at least one of the parties of the marriage enters into the marriage to circumvent immigration laws to acquire immigration benefits (like a green card) falsely. Marrying for the primary purpose of obtaining a green card is a clear fraud case. Therefore, U.S. immigration officials focus their questions on your relationship. They need to be convinced that your relationship is genuine and that you are getting married because you are in love and plan to live a life together. The K-1 visa is in place so that the foreign fiancé may enter the United States to marry the U.S. petitioner within a 90-day period. With this in mind, be careful of this fiancé visa interview question. Sample Questions About the K-1 Applicant The consular officer may begin by getting to know the K-1 applicant and information about his or her background. Typical questions the officer may ask about your background include: ⦁ What is your full name? ⦁ When is your birthday? ⦁ How old are you? ⦁ What is your nationality? ⦁ What languages do you speak? ⦁ Were you previously married? If so, when? ⦁ Do you currently work? ⦁ Have you been to the United States before? If so, when, why, and how? ⦁ Do you have family living in the United States? If so, where? ⦁ Have you had a K-1 fiancé visa before? If so, when? ⦁ Have you ever been arrested? If so, for what? ⦁ When do you plan on entering the USA? Sample Questions about the U.S. Petitioner Immigration officials screen applicants by asking questions that a typical person in a real relationship would know about his or her fiancé. The expectation is that you know your fiancé well. The consular officer will test this knowledge by asking you questions about your fiancé and his/her background. Some sample questions include: ⦁ What is your fiancé’s name? ⦁ When is your fiancé’s birthday? ⦁ Where was your fiancé born? ⦁ How old is your fiancé? ⦁ What is your fiance’s phone number/email address? ⦁ Does your fiancé have some favorite hobbies or interests? ⦁ Did your fiancé go to college? Where? ⦁ How did you and your fiancé meet? ⦁ Has your fiancé been married before? If so, when and why did he or she divorce? ⦁ Where does your fiancé live? ⦁ Does your fiancé live with anyone? ⦁ Does your fiancé have children? If so, how many? Sample Questions about the Relationship A couple that has gone through a normal courtship will know most things about each other. You’ve discussed many of the big issues that come with marriage. For example, you should probably know about your fiance’s desired number of children, and other plans for the future. The consular officer will ask you a series of questions about your relationship in order to determine if it is real. Examples of fiancé visa interview questions about your relationship include: ⦁ When and where did you and your fiancé meet? ⦁ How long have you known your fiancé? ⦁ How many times have you and your fiancé met in person? ⦁ Where did you and your fiancé meet in person? ⦁ What activities do you enjoy doing together? ⦁ Have you ever met your fiancé’s parents? Why or why not? ⦁ Will any step children live with you? ⦁ Has your fiancé ever visited you in your country? ⦁ Have you visited your fiancé in the U.S.? ⦁ When did your fiancé propose to you? ⦁ How did your fiancé propose to you? ⦁ Did you have an engagement party? Who was there? ⦁ Have
Applying for the marriage-based green card can be tricky. But despite the stories that you may have heard, getting a Green Card through Marriage is absolutely achievable. Direct U.S. Immigration can help you with that. In applying for a Marriage-Based Green Card, it is necessary to take account of the following Eligibility Requirements: The spouse filing the application must be a U.S. citizen or a green card holder (permanent resident) and at least 21 years of age. Examples of acceptable documents: ✔️ For U.S. Citizens: U.S. birth certificate; Valid U.S. passport; naturalization Certificate; Certificate of Citizenship, Consular Report of Birth Abroad. ✔️ For green card holders: Green card; Passport issued in another country and bearing stamp of temporary permanent residence in the United States. The applicants must establish the validity of their marriage under the guidelines approved by the U.S. Citizenship and Immigration Services (USCIS). Examples of acceptable documents: ✔️ Marriage certificate, Joint lease, Joint bank account statements or photos together. The documents above will be considered as supporting evidence to be submitted along with Form I-130. Please take note that same-sex marriage is approved by the USCIS as long as the union was determined legal where it was officiated. However, the following types of marriages would not be eligible to apply for a Marriage-Based Green Card: Marriages of polygamous nature Marriages that technically qualify as incest under the definition in the Proxy marriages, unless legally recognized through consummation Marriages formed in order to bypass U.S. immigration laws Application Process After this has been successfully established, the next course of action would be to take either of the following steps: 1. For those whose foreign-national spouse is already in the U.S legally, the petitioner must be careful about the timing of the filing. We can assist with this. The process is as follows: 2. The U.S. citizen spouse must fill out Form I-130 (Petition for Alien Relative), while the foreign-national spouse must fill out Form I-485 (Application to Register Permanent Residence or Adjust Status). Additional documents will be required. The forms must be submitted to the USCIS, together with supporting evidence. Other acceptable documents: For the foreign-national spouse: Birth certificate issued in another country, Passport issued in another country, U.S. visa, I-94 travel record. 1. The U.S. citizen spouse must prepare and file Form I-130 to USCIS, together with supporting evidence. USCIS will review your petition for completeness. If anything is missing, USCIS may either send the forms back to the U.S. petitioner, or send a letter in the form of a Request for Evidence for the missing information. Once USCIS approves the petition, the U.S. Department of State will invite the foreign-national spouse to apply for an immigrant visa at a U.S. embassy or consulate abroad. 2. The foreign-national spouse will receive an immigrant visa packet from the U.S. embassy or consulate where the U.S. citizen spouse applied, after which, he/she will be asked to pay the USCIS Immigrant Fee. This step must be complete prior to entering the U.S. Let us help you Should you need to know more about eligibility exclusions and exceptions, please schedule a consultation with one of our immigration specialists. We would be happy to review your case, guide you through the necessary legal procedures and answer any questions you may have regarding your application. Our goal is to make the process perfectly clear to you and provide the support that you may need. Let’s get you and your family together here in the US permanently and legally. Don’t hesitate. Start now !
The Biden administration has announced that a new version of Form I-485 (Application for Adjustment of Status), which includes a new public charge portion and several additional questions, will be required starting on December 23, 2022, for all green card applications. This is a major change, meaning the new version of Form I-485 will be required for all applications postmarked on or after the effective date. The U.S. Citizenship and Immigration Services (USCIS) requirement for the new form version deviates significantly from the grace period it typically provides form updates. Based on the preview version of the updated Form I-485 released by USCIS, if an applicant answers “yes” to being subject to the public charge ground of inadmissibility on their form, they must provide information such as their household size, annual income, the total value of household assets and liabilities, the highest degree or level of education completed, and a list of work-related activities. The Biden administration’s decision to implement this updated version of Form I-485 is a reminder that immigration policies and procedures are constantly changing. The mandatory use of this updated form will help to ensure accuracy in the application process and guarantee that individuals who meet all eligibility requirements can secure their green cards with minimal difficulty or delay. It is critical for prospective green card applicants to stay up-to-date on these changes so they can successfully navigate the process. All prospective green card applicants need to become familiar with these changes and make sure they understand what documents are required when filing Form I-485. Failure to do so may result in a denial of their application or an unnecessary delay in processing time. Additionally, individuals should consult with an immigration attorney if they have any questions related to Form I-485 or the public charge ground of inadmissibility. By being aware of the new requirements and understanding the implications, green card applicants can ensure that their applications are processed efficiently. To conclude, the introduction of Form I-485 provides a fair opportunity for all green card applicants. Not only does it provide greater accuracy in processing applications, but it also ensures that those who meet all eligibility requirements can secure their green cards quickly and easily. Prospective green card applicants need to stay informed on changes related to Form I-485 and take any necessary steps to ensure their applications are complete and accurate before submitting them. Schedule a consultation with a Direct U.S. Immigration attorney, if you have questions relating to how this change may affect your case.
https://www.youtube.com/watch?v=3YYVMIVxWsg As you may know, employment-based immigrant visas allow foreign workers who have found an employer willing to hire them to come to the U.S. permanently and work. I understand how complex this process is for many of you, so today, we’re here to discuss a visa preference category intended for “skilled workers,” “professionals,” and “other workers.” In this video, we will talk about the EB-3 category for the employment-based green card for prospective immigrants who do not qualify for the EB-1 or EB-2 preferences. Although the EB-3 requirements are less stringent, but the backlog may be longer. What is an EB-3 Visa? EB-3 is the third preference of the U.S. employment-based immigrant visa. It is one of the five employment-based green card categories that permanently enable foreign professionals to live and work in the U.S. It is designed for 3 types of applicants: Skilled Workers, Professionals, and Unskilled or Other Workers. You may qualify under the EB-3 category if you meet the requirements under one of the 3 categories. The United States Citizenship and Immigration Services (USCIS) defines each of the 3 categories as follows: ⦁ Skilled Worker: workers with at least 2 years of experience in their area of expertise. ⦁ Professional: workers who have higher degrees and require a professional license to work ⦁ Unskilled or other Workers: workers who can handle jobs that qualified workers are not available to handle Due to its relatively easy eligibility criteria, people who don’t qualify for the EB-1 and EB-2 green card categories are able to leverage the EB-3 category to immigrate and secure employment in the US. Who is eligible for the EB-3 Visa? The eligibility for the EB-3 category differs for each subcategory. For Skilled Workers ⦁ You must have at least 2 years of working or training experience. ⦁ Relevant post-secondary school education may be considered as training. ⦁ You must be working in a role for which qualified U.S. workers are unavailable. For Professionals ⦁ You must be performing a role that no skilled worker in the U.S. is available for. ⦁ You must have adequate job experience in your professional field. ⦁ You must have a U.S. college bachelor’s degree or a foreign degree equivalent from any country. For Unskilled or Other Workers ⦁ You must be performing a role that no worker in the U.S. is available for. ⦁ You must be able to perform non-seasonal and permanent unskilled labor. All three subcategories within the EB-3 preference require a labor certification and a full-time and permanent job offer from a U.S. employer. The U.S. Department of Labor must approve the labor certification of prior to the green card being approved. What is the application process for the EB-3 Visa? Just like most other employment-based processes, employers are the ones to file the EB-3 preference green card application. In other words, you cannot self-petition your application. The application process involves three main steps which include filing the PERM labor certification and conducting advertisements, submitting Form I-140, and submitting Form I-485 when a visa is available. PERM Labor Certification That employer must then undergo an extensive recruitment process and determine the prevailing wage for your position in the geographical area where you will be working to obtain the PERM Labor Certification from the Department of Labor. Your employer must then submit Form ETA-9089 to the Department of Labor to obtain an approved labor certification. The form shows that your employer is willing to employ you and that there’s no U.S. worker capable or available to perform your role. Form ETA-9089 is available online on the Department of Labor website and can be completed electronically. Your employer can also fill and submit this form by mail. Submitting Form ETA-9089 for labor certification requires no application fee. It takes about 6 to 9 months, though sometimes more if an audit is elicited, for the form to be processed. This means your employer needs to submit the form prior to the actual need of employment. If the application is approved, you will obtain a certified labor certification. Upon approval, you can then move on to the next step. Form I-140 Form I-140 is known as the Immigrant Petition for Alien Workers. It is divided into various parts to capture necessary information about the employer and the beneficiary (prospective employee). Your employer must provide information about itself to include its names, FEIN, mailing address, and more. Your employer must also provide necessary information about you, the employee, also known as the beneficiary. This includes name, home country, and date of birth. Form I-140 is submitted by mail, and after submission, you’ll receive a notice confirming that USCIS has received your application. Once the petition is received, that date will mark your priority date. You will need to wait and watch the monthly visa bulletin released by the Department of State to see if your priority date is “current,” meaning that it matches or passes the date given in the most recent bulletin. It is important to note that, as of the writing of this article, most of the final action dates for the EB-3 green card are backlogged for only a few months. Others are backlogged for several years. If you are from China or India, be prepared to wait a considerable amount before your priority date is current. Remember that the dates for the “other workers” group vary slightly from those for the other two groups. As soon as your date is current, you can file your I-485 petition to adjust your status if you are already in the U.S. Your status will automatically switch to the lawful permanent resident as soon as your I-485 is approved. Your employer may also submit Form I-140 with Form I-907 if they want expedited processing. Form I-907 Form I-907 , Request for Premium Processing, is an optional service that enables petitioners to receive a decision on their petitions within 15 days. The I-140 takes many months to process, so your employee
According to a recent survey, the number of immigrants in the United States who choose to become citizens is rising following a sharp decline at the start of the pandemic. U.S. Citizenship and Immigration Services (USCIS) welcomed more than 7.4 million naturalized citizens into the fabric of our nation in the last decade. An analysis from the Pew Research Center found that over 900,000 U.S. immigrants became citizens of the U.S. in the 2022 fiscal year – an increase compared to their pre-pandemic average, according to the survey. Meanwhile, naturalizations among immigrants from sub-Saharan Africa, Asia, Latin America, and North Africa have gone up by 15 to 26 percent more compared to pre-pandemic levels. The naturalization rate among immigrants from China has plummeted, decreasing by 20 percent compared to pre-pandemic levels – the only exception to the upward trend in naturalizations. This marks the highest rate of naturalization ever recorded in the United States, indicating that immigrants are increasingly feeling welcomed and at home in their new country. The United States is continuing its long history of welcoming and accepting immigrants from all walks of life, thus further enriching our nation’s already diverse culture. These numbers demonstrate that U.S. citizenship continues to be highly valued around the world, despite the unprecedented challenges posed by the COVID pandemic and other social issues facing our nation today. In conclusion, naturalization numbers in the United States are increasing to record highs, indicating that immigrants continue to be drawn to this nation because of its promise of a better life. With increased naturalization rates come increased opportunities for everyone in this great nation.
https://www.youtube.com/watch?v=5IQuQdaA7Nk As you know, if a company is looking to hire foreign workers for its business, you should know that every year the United States allows a fixed number of green cards for foreign workers who are needed by U.S. businesses to fill vacancies under this visa category. This process is complex and riddled with particularities, so today we’re here to discuss this powerful immigration option for people with exceptional ability or advanced degrees so you can obtain a U.S. green card (permanent residence ) based on having a job offer from a U.S. company. So in this video, we will talk about the EB-2 category for employment-based green cards. The EB-2 category is the second preference of the U.S. employment-based immigrant visas. Through this category, you can be granted permanent residency and can live and work in the U.S. The EB-2 category has 3 subcategories, which are as follows: ⦁ EB-2A Visa – Advanced Degree ⦁ EB-2B Visa – Exceptional Ability ⦁ EB-2C Visa – National Interest Waiver Though each of these three categories has its own specific requirements, they all require expertise in associated fields. Who is eligible for the EB-2 visa? You can apply for the EB-2 visa if you have exceptional ability or an advanced degree in a profession. The basic eligibility criteria are different for the 3 subcategories. 1. Advanced Degree – Foreign workers with a degree beyond a U.S. bachelor’s degree, such as a bachelor’s degree plus 5 years of work experience in the field, Master’s or Doctorate degree, or its foreign equivalent. The U.S. Department of Labor must approve workers in the Labor’s Foreign Labor Certification Process. 2. Exceptional Ability – Foreign workers who have a degree and hold significant competence in one of the following areas: art, business, or science. The U.S. Department of Labor must approve workers in the Labor’s Foreign Labor Certification Process. 3. National Interest Waiver – Foreign workers, seeking to have the Foreign Labor Certification Process waived because it is in the national interest of the United States to do so. Unlike the other EB-2 green card categories, these workers do not need an employer sponsor and my self-petition for an EB-2 visa. Other EB-2 Requirements: Immigrants seeking an EB-2 green card under the Exceptional Ability subcategory of the National Interest Waiver categories must additionally meet at least three of the following requirements: ⦁ The official academic record of a degree relating to the field of exceptional ability. ⦁ Documentation of at least 10 years of work experience in the field. ⦁ Professional license or certification ⦁ A salary indicates that the person has exceptional ability in the field. ⦁ Be a member of related professional associations. ⦁ Peer or government recognition of achievements in the field. ⦁ Any other comparable evidence of exceptional ability. EB-2 Process To successfully receive an EB-2 green card, applicants and their employers must follow a three-step process. The first step is for the employer who wishes to hire a foreign worker to file with the US Department of Labor for Permanent Labor Certification using the Program Electronic Management Review (PERM) System. This requires the employer to certify that a job opening is available in a specified professional field, that the job is also available to U.S. workers, that a foreign worker is needed, and that the pay for the job is at a prevailing industry rate. Your employer will need to undergo an extensive recruiting process to ensure no qualified American workers are available to take the position. Going through this process correctly is key, as raising suspicion may trigger an audit from the Department of Labor, which could delay your processing time for up to a year and a half. If all requirements are met, the Department of Labor will issue a PERM certification, which is necessary to proceed to the next step. Please note that EB-2 green card applicants seeking a National Interest Waiver (NIW) may skip this first step. After the PERM certification is received, the employer wishing to sponsor a foreign worker for an EB-2 green card must complete and file form I-140. After the petition is received and approved, the applicant must wait for his or her EB-2 priority date to be eligible to proceed to the next step. The priority date depends on when the application is received by USCIS. How Long Will the Total Process Take? The total processing time varies tremendously depending on your country of origin and the service center that processes your I-140. On average, however, the petition takes over six months to process. If you are required to get a PERM Labor Certification, that could take over a year. To ensure the best chance to avoid triggering an audit, work alongside an immigration attorney. If over six months is too long to wait for your I-140, you may want to consider opting for the premium processing service. This optional feature is offered by the USCIS and shortens your petition processing time from over six months to 15 calendar days for a fee of $2,500. Once your petition is approved, you will need to wait until your priority date is current. For most countries, the date will be current as soon as the petition is approved. However, the dates may not be current for several years for nationals of India and China due to the large backlog. The only way to expedite this process is to port your green card petition from EB-2 to EB-1, which is no easy task. But don’t worry, I talk about this is another video. After your priority date is current, you can submit your I-485 if you are inside the U.S. How to Prepare for Your EB-2 Green Card Interview If you are outside of the U.S., you will be required to undergo an interview. It is essential to prepare for the interview before the actual date. The following must be done before the interview date: 1. A Medical Examination and Vaccination A medical examination is mandatory for
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