1) Temporary visas (non-immigrant visas), such as a student (F-1), tourist (B-2), or professional worker (H-1B) 2) Permanent resident status (green.

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Presentation transcript:

1) Temporary visas (non-immigrant visas), such as a student (F-1), tourist (B-2), or professional worker (H-1B) 2) Permanent resident status (green card) for immigrants 3) U.S. Citizenship 4) Removal/Deportation and inadmissibility of those who are not legally permitted in the U.S.

A Diplomat J-2 Dependent of J-1 B-1 Business Visitor K-1 Fiancée of U.S. Citizen B-2 Tourist L-1 Intra-Company Transferee C Transit L-2 Dependent of L-1 D Crew Person M-1 Vocational Student E-1 Treaty Trader N Cultural Exchange E-2 Treaty Investor O-1 Extraordinary Ability E-3 Australian Professional O-2 Assistant to O-1 F-1 Student O-3 Dependent of O-1-2 F-2 F-1 Dependent P-1 Athlete, Entertainer G Foreign Government Official P-2 Cultural Entertainer H-1B Specialist/Professional P-3 Assistant to P-1-2 H-2 Temporary Shortage Q Cultural Exchange H-3 Trainee R Religious Worker H-4 Dependent of H S Testify in Court I News Media TN Canadian / Mexican Professional J-1 Scholar or Industrial Trainee TD Spouse of TN

 B-1 Visas  B-2 Visas  The Visa Waiver Program  F-1 Visas  E1 and E2 VISAS for Traders & Investors  H-1B VISAS for Professionals  L1 VISAS for Intra-company Transferees  TN VISAS for Canadian & Mexican Professionals

 Family sponsored immigration includes parents, spouses, children, and siblings of adult U.S. citizens and spouses and unmarried children of permanent residents.  For some categories there are long waiting times because the 226,000 visa numbers are insufficient for demand.  Two-Step Process  Petition – I-130  Adjustment of Status or Consular Processing  Preference Categories and Visa Bulletin  “Immediate Relatives” – the parents, spouses, and minor children of U.S. citizens – are exempt from the visa number requirement, and can immigrate as soon as the visa petition and adjustment or immigrant visa can be processed.

 F1: Family preference – unmarried adult children of U.S. citizens  F2: Family preference – spouses and unmarried children of green card holders  F3: Family preference – married children of U.S. citizens  F4: Family preference – siblings of U.S. citizens.

Family- Sponsored All Chargeability Areas Except Those Listed CHINA- mainland born INDIAMEXICOPHILIPPINES F101MAY04 08MAR9315APR96 F2A22MAR08 15FEB0822MAR08 F2B01JUL03 22SEP9222SEP00 F315JUL01 15NOV9222MAR92 F408MAR00 01MAR9615MAY88

 The first employment-based preference (EB-1) is available to persons of “extraordinary ability,” “outstanding professors and researchers,” and certain “executives” and “managers” of multinational organizations  The second preference (EB-2) is for people in the “national interest” and those sponsored for a labor certification, and have a master’s degree or bachelor’s degree plus 5 years of work experience (or greater)  The third preference (EB-3) is for all other workers who usually must be sponsored for a labor certification issued by the Department of Labor to prove worker shortage  The fourth preference (EB-4) is principally for religious workers  The fifth preference (EB-5) is for investors The employment-based (EB) preference system contains five (5) preferences:

 Labor Certification  The Immigrant Visa Petition – USCIS Form I-140  Adjustment or Immigrant Visa  Employment Visa Backlogs PROCESS:

 Are green cards for sale? Not exactly, but if you have an entrepreneurial spirit and $500,000 to one million dollars, then obtaining a green card through investment may be your ideal immigration strategy.  Each fiscal year the government allots approximately 10,000 immigrant visas to eligible entrepreneurs who are able to invest money into a new commercial enterprise that benefits our economy and generates at least 10 full-time jobs for U.S. workers. This program is known as the Immigrant Investor Program and is more commonly referred to as the EB5 program. Money Can’t Buy You Happiness, but Can It Buy You a Green Card?

Employment- Based All Charge-ability Areas Except Those Listed CHINA- mainland born INDIAMEXICOPHILIPPINES 1stCCCCC 2ndC08MAR07 CC 3 rd 08OCT0501JUL0401MAY0201JUL0508OCT05 Other Workers22NOV0422APR0301MAY0222NOV04 4 th CCCCC Certain Religious Workers CCCCC 5th Targeted Employment Areas/ Regional Centers and Pilot Programs CCCCC

 An entrepreneur must invest a minimum of $1 million in a new commercial enterprise, an existing “troubled” business, or into expanding an existing business or $500,000 if investing within a targeted employment area.  The capital must have been lawfully obtained and considered “at risk” once invested into the enterprise.  The enterprise must create or preserve 10 full time jobs for U.S. workers, legal permanent residents, asylees and refugees.  The investor must maintain an active role at the enterprise either through daily management or policy formulation. What are the qualifications for an EB-5 Visa?

 Of the 10,000 available immigrant visas 3,000 are set aside for entrepreneurs willing to invest within a targeted employment area.  A targeted employment area is a rural area or an area experiencing unemployment of at least 150 percent of the national average rate.  If investing in a targeted employment area, the minimum capital investment requirement is reduced to half a million dollars while the rest of the conditions remain the same. What is a Targeted Employment Area? What is a Regional Center?  For investors looking for a more passive role in the process, immigrant visas are available through the EB5 Pilot Program to those who invest the same amount of capital in an EB5 Regional Center.  An EB5 Regional Center is defined as any economic entity, public or private, which is involved in the promotion of economic growth, improved regional productivity, job creation and increased domestic capital investment.  Such investors are not required to be involved in the daily management of the enterprise or participate in policy formulation. Another benefit is that the job creation requirement is less stringent and that the direct and indirect creation of jobs through the Regional Center is sufficient.

 To get the Immigrant Visa the entrepreneur must file a Form I-526 petition with the U.S. Citizenship & Immigration Services.  Once the I-526 is approved an entrepreneur can immediately apply for a green card.  The entrepreneur will be granted conditional permanent resident status valid for two years.  During this two-year period, the commercial enterprise must continue to operate.  Before the green card expires, the applicant will need to show that the enterprise is still in existence by filing an I-829 Petition to Remove Conditions of Residence. PROCESS:

 Become a permanent resident (green card) in as little as seven months and 5 years later a U.S. citizen  Immigration to the United States quickly  Bypass lengthy family and employment based immigration processes in which others often wait years for a green card  Spouse and children under 21 are able to immigrate with the investor  Required investment of $500,000 plus a management fee for investment in Regional Centers (Canada now requires $800,000 to immigrate there)  Live anywhere in United States  Freely travel in and out of the United States  Enjoy retirement, attend school, or run another business  No net worth disclosure is required

 U.S. citizens can vote, serve on juries, hold political office, and qualify for government jobs. U.S. citizens travel freely (whereas green card holders may lose their residency if they spend long periods of time abroad)  U.S. citizens cannot be deported  U.S. citizens may petition for their parents, married sons and daughters, and brothers and sisters to become permanent residents in the U.S. Also, their close relatives may immigrate more quickly  U.S. citizens may be subject to fewer restrictions on estate taxes  U.S. citizens who retire abroad receive full social security benefits (whereas permanent residents receive only 50%) Reasons to Naturalize:

 Permanent residence for 5 years, or 3 years if married to a U.S. citizen  50% of the 5 or 3 years of required residence in the U.S.  Good moral character  Passing an English and History test  Oath of Allegiance to the U.S.