WHY
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EB-4 visas are fourth-preference employment-based visas available to certain special classes of workers. You must have an employer to take advantage of this type of visa, but whether you petition for yourself or your employer petitions for you depends on what kind of subcategory of eligibility you fall into.
The petitioner files Form I-360 to begin the process. It is important to submit relevant evidence of all the claims made in the form, such as proof of identity and nationality.
The qualification list is quite narrow.
EB-4 visas are also available to the family members of some of these immigrant types, such as the retired officers and employees of G-4, NATO-6, or employees of the US government.
Processing times vary but average out at around eight months. It’s important to realize that USCIS is facing a backlog, and you may have to wait longer. You may also have to wait if the numerical limits for EB-4 visas have been filled for your country already.
You’ll be informed when a visa is available and when you can file Form I-485 to receive a green card.
The EB-4 visa grants permanent residency. R-1 is a temporary working visa that may be extended for up to five years. They serve very different purposes. There is no path to a green card from an R-1 visa.
R-1 visas are appropriate for ministers or other religious employees who are on temporary assignment in the United States.
Not sure how long you’ll be in the United States or which visa is right for you? Ask your immigration attorney!
We help employers bring over EB-4 visa holders, and we help individuals who seek to obtain employment-based visas.
Every immigration matter is a complex legal case, and it helps to have good guidance from day one. This avoids costly mistakes, including mistakes that could end your dream of living and working in the United States.
Contact Hykel Law to get started today.
See also:
How Does an Employment-Based Green Card Work?
What Are the Four Types of Immigration?
Suppose you are a non-citizen and were abused by a relative who is a US citizen or lawful permanent resident. In that case, you gain the right to self-petition for immigrant classification.
Under the VAWA visa program, you do not need the abuser to sponsor you, and you do not need their consent. The abuser doesn’t even have to know you’re pursuing citizenship on your own.
You must meet the following requirements.
Certain grounds for inadmissibility do not impact VAWA visa petitioners. For example, the Public Charge (INA 212(a)(4)) does not apply to a VAWA petitioner.
Almost all forms of recognized physical and mental abuse do qualify.
Yes. You can do this by submitting police reports, medical records, text message records, and affidavits from yourself, court officials, psychologists, psychiatrists, doctors, nurses, school officials, social workers, or clergy members.
Working with an attorney can be very helpful here. Often, we need to seek out expert witness testimony to prove the abuse, which we can help you find.
You also need evidence of your relationship with the abuser. If the abuser was your spouse, you’ll need additional evidence that shows you entered the marriage in good faith.
Many VAWA petitions fall apart because the victim does not realize they need certain documentation or understand all the forms of abuse that might qualify. Working with an attorney can help you address these issues.
You must fill out Form I-485, the Application to Register Permanent Residence or Adjust Status, as well as Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.
Suffering through abuse is frightening and confusing. Dealing with the United States government on any immigration matter is also frightening and confusing. Get all the help you can if you’re going to pursue this type of visa.
If you or someone you care about is seeking a VAWA visa, contact Hykel Law to get the help you need today.
See also:
What is the Difference Between an RFE and a NOID?
Immigration for Victims of Forced Marriage
Foreign exchange programs allow a certain number of pre-approved visitors to visit the United States, even as a visitor from the United States visits another participating country. Foreign exchange participants must seek a J-1 visa.
A J-1 visa is the appropriate visa for an individual participating in a work or student exchange program. You must be visiting the United States via an approved program that is designed for the purpose of teaching, instructing, lecturing, studying, observing, researching, consulting, receiving training, receiving graduate medical education, or demonstrating special skills.
The duration of a J-1 visa depends on the program you’re using. Most student and au pair programs are valid for 12 months. Programs for teachers, professors, and researchers may receive a J-1 visa for up to 5 years plus 30 days for the purposes of preparing to leave the United States.
In a few cases, you can stay more than 7 years.
The J-1 visa does not offer a path to a green card. It is a nonimmigrant visa, and you will be required to show that you fully intend to return to your home country when the program is complete. If something changes when you are here (if, for example, you get married to a US citizen or receive a job offer from a company that is willing to sponsor you), you’ll want to work with an immigration law office like ours to ensure that the transition goes smoothly. USCIS will be somewhat suspicious of your application because it may indicate that you came into the United States under false pretenses.
Every J-1 visa holder has a sponsor exchange program—there are no exceptions. If you are hoping to come to the United States on this visa, your first step will be to find a qualified foreign exchange program. If you cannot find a program but still wish to work or study in the United States, you may instead wish to explore student or work visa options.
Next, you will fill out Form DS-2019, Certificate of Eligibility for Exchange Visitor Status. Most of the time, the program will have its own staff members who can help you through the application process. If yours does not, we will be happy to help ensure that your application is free from mistakes, addresses potential problems, and comes with sufficient evidence to be successful.
If you want to create a foreign exchange program of your own, there are many steps you will have to follow, from defining the objectives of your program to establishing partnerships with qualifying institutions. An immigration law office like Hykel Law can help you meet your legal obligations if this is of interest to you. We can also help foreign exchange programs provide legal help to program participants.
Foreign exchange programs can be a wonderful way to forge intercultural relationships around the world. Don’t let the legal hurdles scare you! If you have the chance to come to the United States on such a program, we highly encourage you to take it.
See also:
How Does an Employment-Based Green Card Work?
Steps for Getting a Student Visa in the United States
If you’re a victim of human trafficking or domestic abuse, you may be eligible for a U-visa. A U-visa is a nonimmigrant visa that allows victims to stay in the United States while they help law enforcement prosecute crimes.
Here’s everything you need to know about this type of visa.
To be eligible for a U-visa, you must:
A long list of crimes counts. The current list includes:
Other related crimes may also be considered.
You must fill out Form I-918. A law enforcement officer must fill out Form I-918, Supplement B, to confirm you are helpful or are likely to be helpful to an investigation.
If there are admissibility issues, you need to fill out Form I-192, Application for Advance Permission to Enter as a Nonimmigrant.
You must also submit a personal statement describing the criminal activity of which you were a victim and submit evidence to back up your claims.
Obviously, there is no part of the application process that is easy. Even knowing whether you have admissibility issues that need to be addressed could be a challenge. Fortunately, you can work with our law firm to help ensure that your application packet is filled out correctly, increasing the chances that your visa application will be approved.
There is no such thing as a visa that is easy to obtain. Even U-visas are becoming the subject of fraud and schemes in the United States, which means they’re receiving as much USCIS scrutiny as any other visa.
It’s possible, but it can be difficult. In 2021, U-visa applicants became eligible to apply for a work permit. An employer may be able to sponsor you for permanent residency, which, in turn, could give you a path to citizenship. In addition, you may be eligible for a marriage-based green card later.
You may also be able to make an asylum application if you are eligible for that type of visa.
Unfortunately, the U-visa doesn’t offer other, more direct paths to permanent residency or citizenship.
It can be difficult to navigate the US immigration system. Our team has extensive experience helping with visa applications of every kind.
Contact our law firm to get started today.
See also:
How Does an Employment-Based Green Card Work?
What is the Difference Between Asylum Status and Refugee Status?
What Are the Four Types of Immigration?
Two weeks ago, USCIS announced that they were going to make an additional 64,716 H-2B temporary nonagricultural worker visas available for the fiscal year, for a total of 130,716. 20,000 visas will be allocated to workers from Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Haiti, and Honduras. 44,716 supplemental visas will be available to returning workers.
Employers will still need to obtain a temporary labor certification from the United States Department of Labor.
This means there will be many more opportunities to hire foreign workers in hospitality, tourism, landscaping, seafood processing, and other common industries that hire foreign temporary workers.
USCIS is also working to strengthen protections for temporary foreign workers. The Biden-Harris administration is well aware of the potential for abuse in a system that links a worker’s ability to stay in the United States to a single employer.
Under new proposed rules, employers who violate H-2 program requirements may become ineligible to hire and employ H-2 workers.
The proposals would also protect workers from exploitative debts and abuse, increasing consequences for violators. It would also extend grace periods for H-2 workers seeking work with a new United States employer, who are preparing for departure from the US, or seeking a change in status. The proposed rules would also make it easier for H-2 workers to adjust their status.
Note that these proposed rules have yet to be enacted; only the new visa allocations have been put into place.
Current rules include:
Many employers try to cut corners, such as providing “housing” that barely meets health and safety requirements or by creating fines and fees to claw money back from worker paychecks. Some are verbally abusive or sexually harassing workers, knowing workers are often reluctant to report them or involve themselves in labor disputes.
Ideally, of course, if you are considering hiring a foreign worker, you will give thought to how you will treat them well and fairly while they are here.
To apply for an H-2 visa, a foreign worker must have a valid job offer from a US employer who has obtained a temporary labor certification. USCIS must approve the petition.
Want to take advantage of the new visa quota? Need help obtaining a Labor Market Certification, hiring a foreign worker, or helping a foreign worker process their application?
Contact Hykel Law to get started today.
See also:
Who is Responsible for Paying Employment Visa Fees?
Is It Possible to Get a Work Visa Without a Sponsorship?
3 Questions About Immigration and Employment, Answered
Before you can hire a foreign worker to fill a permanent position here in the United States, you must obtain a Permanent Labor Certification by undergoing the Program Electronic Review Management (PERM) process. Obtaining a PERM allows you to sponsor an employee for a green card.
The PERM process helps employers show the following:
To do this, you must submit a request for a Prevailing Wage Determination to the Department of Labor.
You must provide them with the following information:
You must also provide proof that you placed recruitment advertisements 30 to 180 days before filing the PERM applications. Note that you can’t just slap an advertisement on Indeed.com.
Here in Philadelphia, if you are attempting to fill a professional role, you must:
If you’re trying to fill a non-professional role, you must place a job order with the PA Workforce Development Association for a period of 30 days and place two Sunday advertisements in The Philadelphia Inquirer.
In either case, the job description that you post must:
Finally, you must promptly respond to any qualified resumes or applications submitted for the advertised position. If you don’t manage every inquiry, conduct interviews, and handle job applications correctly, you may struggle to get your PERM application approved. The Department of Labor conducts regular audits to ensure that employers are complying with the regulations.
If you feel you need to hire a foreign worker, contact our firm. We can help ensure the PERM process runs smoothly for you.
See also:
How Does an Employment-Based Green Card Work
Who Is Responsible for Paying Employment Visa Fees
In the News: Biden Ends Workplace Immigration Raids
There are two ways to get an employment-based green card in the United States.
The first is to have a job offer in the United States.
The second is to have an “extraordinary” ability.
Only 140,000 of these visas are granted each year, but they can offer a viable path to permanent residency if that is your goal.
EB-1 visas are extraordinary ability visas. They are not easy to obtain. You must display that you have won major awards, published groundbreaking research, put on highly successful exhibits, published books, or exhibited some other evidence that you’ve made outstanding contributions to your field.
“Extraordinary” is somewhat subjective, which can mean that you will need a very good immigration lawyer on your side to make a case for this type of visa.
The EB-1 Visa is the only type of visa that does not require an employer to fill out Form I-140, Petition for an Alien Worker.
You may receive an EB-2 visa if you have an advanced degree, such as a master’s or a doctorate, or a bachelor’s with exceptional experience and expertise that can be said to be “above average.” You’ll also need a job offer from a US employer.
Another pathway to an EB-2 visa would be to obtain a National Interest Waiver, which can help you show that your work will benefit the United States in some way and that your work has “substantial merit and national importance.” You don’t have to work for the government or work in the intelligence community to receive one; many medical professionals and researchers obtained this waiver during the COVID-19 pandemic.
EB-3 Visas are for skilled workers or professionals or for unskilled workers when the employer has successfully undergone a labor certification process to show they cannot find an American worker for the job.
You will again need a job offer from an American employer to fill this role.
Your employer isn’t the only one who will have to fill out paperwork to get you an EB-2 and EB-3 visa, and if you’re hoping for an EB-1, you’ll have to start the process itself. You’ll have to apply for a green card or apply for an adjustment of status, and it’s very easy to get any part of this process wrong. If you do, you jeopardize your ability to live and work in the United States.
Work with Hykel Law to make sure your employment-based green card application is done right the first time. We’ll help you identify and navigate potential problems and roadblocks and will help you fill out all the relevant paperwork correctly.
Contact us to get started today.
See also:
Who is Responsible for Paying Employment Visa Fees?
The TN Visa, also known as a NAFTA Professional Visa, offers citizens of Mexico and Canada a straightforward path to live and work temporarily in the United States. It is one of the fastest nonimmigrant visas available, as expedited processing takes just 15 days.
Spouses and children under 21 who wish to accompany a TN visa holder may obtain a TD Visa. A TD visa is similar, but it does not allow the visa holder to work.
It is important to note that a TN visa is a non-immigrant visa, which means it will not directly lead to either permanent residency or a green card. It may indirectly form a stepping stone to a more permanent visa; if, for example, you end up marrying a United States citizen. However, you will have to prove that you did not defraud USCIS or CBP by indicating you intended your stay to be a temporary one when you originally applied.
It lasts for three years, but you may renew the visa indefinitely if you remain in the same position with the same employer.
You may qualify for a TN visa if:
Your employer must file a Form I-129 on your behalf. In addition, TN visas are tied to specific job titles and employers. If you change jobs, you’ll need to apply for a new TN visa, and you may need to leave the United States while you wait for approval temporarily. Most employers who file NAFTA professionals are already aware of these requirements and will be prepared for the necessary delays.
Once USCIS receives your application, you will need to attend an interview at your local US Embassy and provide documentation of your professional credentials and your job offer.
While obtaining a TN visa is relatively straightforward, it’s still wise to have an experienced immigration attorney guide you through the process. This can help you avoid delays or denials.
If you are an employer who wishes to hire a NAFTA professional, consider turning to our office for help in smoothing and shortening the process.
As an immigration law office familiar with TN visas, we can help ensure all of the paperwork is correct and the process is smooth so that work can begin as quickly as possible. To avoid potential issues, contact our office to schedule a consultation ASAP.
See also:
Who is Responsible for Paying Employment Visa Fees?
Is It Possible to Get a Work Visa Without a Sponsorship?
5 Steps to a Smoother Immigration Process
When you’re a green card holder, you can’t just leave the United States whenever you want and come back whenever you want. At least, you can’t if you intend to keep your green card.
You’ve got to take some preliminary steps, or the United States government will assume you’re abandoning your hard0won status. If that happens, you might not be able to get it back.
Re-entry permits are the means by which you do this.
A re-entry permit allows you to retain your permanent residency status when traveling abroad for periods of up to two years.
While technically, you don’t need one if you’re going to be traveling for a shorter period of time, anything can happen. In a world where a pandemic or major climate disaster could leave you stranded, planning for the worst’s a good idea.
You must apply before your trip while you are still in the United States.
The process can take 4 to 12 months, so it’s important to plan as far ahead as you possibly can if you anticipate needing to travel.
You may pay extra for expedited processing, allowing you to receive your permit in 1 to 3 months.
To get started, you must file Form I-131.
You should apply for a re-entry permit whenever you travel outside the United States for one year or longer. You should also apply for a re-entry permit if you engage in frequent travel outside of the United States.
You may not extend a re-entry permit, so if yours is about to expire, you’ll need to apply for a new one. Fortunately, there are no limits on how many times you can apply for a re-entry permit. However, if you’ve spent more than 4 of the previous 5 years outside the United States, your new permit will only be valid for a single year.
If you’re a conditional permanent resident, the permit can’t be longer than the remaining period on your green card, and spending too much time outside of the United States can complicate your adjustment of status later.
Hykel Law can help. We can ensure that your re-entry permit application runs as smoothly as possible.
In addition, you can eliminate many of these travel headaches by applying for United States citizenship. Once you are a citizen, you may travel whenever and wherever you want, just like any citizen. Call us if you’re interested in pursuing that path.
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We look forward to helping you with your immigration case. We have the experience, knowledge and staff to handle your matter swiftly. Reach out today to discuss your needs for representation.