WHY
CHOOSE US
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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?
Who are undocumented, or illegal, immigrants? Politicians, news media, and others seem opinionated, but often ill-informed about who these people are, where they came from, and how they fit into American society. Recent changes to the U.S. immigration policy have been proposed, and in some cases passed into law, by the Obama administration.
Who are undocumented immigrants?
An undocumented immigrant and an illegal alien both refer to foreign nationals who do not currently possess a lawful immigration status in the United States. The term “illegal alien” or “illegal immigrant” is a bit disparaging; it sounds like a UFO landed and dumped out foreign creatures that are less than human. These are people; many of them are hard-working people with strong family values simply seeking a better life. The term “undocumented immigrant” though not entirely accurate, is at least not derogatory. Some people come to the United States pursuant to a lawful non-immigrant status such as visitor, student or temporary worker, but stay longer than they are authorized. These people do have immigration documents, therefore, they aren’t exactly “undocumented,” their documents are just expired. These foreign nationals are often referred to as “overstays.”
Many of these people came to the USA with a lawful non-immigrant status such as visitor, temporary worker, student, diplomat or spouse/child of a lawful non-immigrant, but remained in the United States after the expiration of their period of authorized stay.
Penalties For Unlawful Immigration
The Immigration and Nationality Act (“INA”), the federal statute which governs immigration throughout the United States, provides harsh penalties for foreign nationals who sneak across the United States border as opposed to those who are lawfully admitted to the United States after inspection from a US immigration officer.
The biggest penalty is that, generally, persons who sneak over the US border are not eligible to later adjust their status to a lawful permanent resident (green card holder) whereas, in some circumstances, people who are admitted and inspected but overstay their non-immigrant status can. This becomes particularly important for people who have accrued more than 6 months or 1 year of unlawful presence in the United States because once such persons depart, they are banned from re-entry for periods of 3 years and 10 years, respectively.
Amnesty Programs
Since 1986, there have been several “amnesty” programs for persons without a lawful immigration status residing in the USA. Amnesty is a broad term used to refer to laws that allow otherwise ineligible foreign nationals to regularize their status in the United States. The most recent bill to be passed through Congress was pursuant to the LIFE Act, passed in December 2000, which allowed foreign nationals who were present in the United States as of December 21, 2000 and who had an immigrant visa petition filed on their behalf to obtain lawful permanent resident status (green cards) if they paid a penalty of $1000.00. This is codified in Section 245(i) of the INA.
In 2013, another attempt was made to offer amnesty to additional people with a long physical presence in the United States who passed background checks and paid a $1000 fine. The bill passed the Senate, but not the House of Representatives. In response to Congress’ inability to pass a bill, President Obama issued executive ordersto defer action for childhood arrivals and parents of US citizen children who passed background checks. Some of the Presidents’ measures, including the Expanded Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parental Accountability (DAPA) have been stopped by a federal court judge in Texas, though the case is on appeal in the Fifth Circuit Court of Appeals.
Lacking Lawful Immigration Status
Many immigrants who lack current status – especially children – lack status through no fault of their own. Many childhood arrivals do not learn until they become teenagers and attempt to apply for driver’s licenses, apply to college or seek employment, that they do not have a lawful status. Many of them know no other home besides the United States and speak no other language besides English.
Though rare, a small number of adults are living in the United States without a lawful immigration status and they may not even know it. This comes up in the case of children of diplomats who are born in the United States. Most diplomats are not subject to the jurisdiction of the United States, therefore, under the 14th Amendment of the US Constitution, they are not U.S. citizens at birth because they too are not subject to the jurisdiction of the United States. Unfortunately, these families do not know this and in the case of children who break residence in the United States and later return thinking they are US citizens, in fact, they are not.
Cost of Deportation
Recent studies on illegal immigration statistics estimate approximately 11 million immigrants lack documentation. Why doesn’t the US government simply deport them? The most practical reason is that it is too expensive. Illegal immigration statistics show that it costs approximately $18,000 to apprehend a person, and $3,300 to detain a person for 30 days. Some estimate that it would cost over $200 billion to deport every undocumented immigrant, and the entire requested agency budget for the Department of Homeland Security (“DHS”) for fiscal year 2016 is $41.2 billion.
To put that number in perspective, DHS includes many sub-agencies: the immigration and citizenship agency (USCIS), Customs and Border Patrol (CBP), airport security (TSA), the Secret Service, Immigration and Customs Enforcement (ICE), emergency response (FEMA) and the US. Coast Guard. Funding DHS even for this amount proved challenging this year as political debates over immigration nearly resulted in Congressional failure to fund the agency.
Well aware of its limited resources, DHS focuses it efforts of deportation of criminal aliens and persons apprehended at the border. As of January 1, 2015, DHS has clear directives to first deport convicted felons and terrorists, then those convicted of three significant misdemeanors, then those who are apprehended at the border or have a final order of deportation after Jan. 1, 2014. DHS is also directed to disregard or “defer action” of deportation for those who have US citizen children, or may qualify for an immigration benefit and have no criminal infractions.
Immigration law is always changing, as is the social and cultural response to immigration. Undocumented immigrants are afforded certain rights in America, and deportation or going to jail is not typical for non-criminals. Proposed changes to immigration law may allow people to more easily immigrate to America, but the topic remains complex and politically charged.
Are you an international athlete or coach who needs U.S. immigration status to work, train or reside in the United States?
Check out an article by Hykel Law client and international athlete, David Ziegler, featuring a contribution by Renee Hykel Cuddy, Esq. David Ziegler is a Canadian Equestrian Athlete who was recently granted P-1 (international athlete) status in the United States with our assistance. The article addresses several US immigration options for athletes and coaches, including B1/B2 visitors, H-3 trainees, P-1 athletes, coaches, and support personnel, O-1 extraordinary ability athletes and coaches, and green cards. Renee Hykel Cuddy, Esq. is very well-suited to prepare immigration applications for athletes and coaches because she was an Olympic Athlete for the US Rowing team for 6 years before entering the legal profession.
To have Renee personally evaluate your case, call 215-246-9400 or email: info@hykellaw.com
Article Link: http://eventingnation.com/home/visas-and-immigration-for-canadian-riders/
Are you a lawful permanent resident (green card holder) of the United States or a U.S. citizen? Are you interested in filing for your family members to live permanently in the United States? Learn about the different categories of family members for whom you can file. Once you file, for some family members there are waiting periods. Learn how to check the Department of State website monthly to track the process of your family member’s wait period. This article also addresses how to obtain temporary and permanent employment based immigration status in the United States, including several types of work visas that are available.
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.