LAW OFFICES OF ROSE H. ROBBINS

2255 Glades Road, 324 Atrium
Boca Raton, Florida 33431
Tel: (954) 946-8130


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IMMIGRATION & NATURALIZATION

Our law firm can represent you in U.S. immigration matters regardless of where you are located because U.S. immigration law is federal : you can be in any state, or in any country in the world.

1.) OVERVIEW OF IMMIGRATION LAW

2.) PERMANENT RESIDENCE

3.) FAMILY-BASED IMMIGRATION

4.) PERMANENT RESIDENCE THROUGH EMPLOYMENT

5.) ASYLUM

6.) TEMPORARY VISAS (WORK, STUDY, TOURIST)

7.) CONSULAR PROCESSING (OUTSIDE THE U.S.)

8.)  K VISAS/FIANCE VISAS

PERMANENT RESIDENCE THROUGH EMPLOYMENT

Current U.S. immigration law allows people who have skills and talents
needed in the United States to be admitted to the United States to work on a temporary or permanent basis. This paper provides a basic overview of the current employment-based immigration system.

Nonimmigrant (Temporary) Visas for Business

  • There are more than 20 different kinds of nonimmigrant visas. Each is
    defined by Congress in the statute to meet a particular need of the U.S.
    economy. Some of these visas can be used for employment in the United
    States, under tightly regulated conditions.
                  
  • These foreign nationals are allowed to enter the United States for
    temporary, specifically defined periods of time and in most cases must show intent to return to their home country at the end of their temporary stay.
                    
  • Nonimmigrants with permission to work in the United States are either
    sponsored by a U.S. employer based on a specific job offer and must work only for that employer, or have work permission for specific objectives. (For example, students granted practical training in their field of study or professors and researchers working in international exchange programs.)
                    
  • Most foreign nationals undergo at least two screening processes in order
    to come to the United States. The State Department Consular Officer decides whether the individual’s purpose in coming matches one of the approved categories, and whether the person meets all other eligibility criteria for admission (that is, they’re not a criminal, have not previously committed fraud, etc.) before issuing a visa to allow the individual to come to the United States. Upon arrival, all nonimmigrants are inspected by the USCIS to reconfirm their qualification for admission, and to determine the appropriate nonimmigrant classification and authorize a specific length of stay. Some employer-sponsored nonimmigrants must have USCIS approve a petition on their behalf, based on highly defined criteria, before even applying for their visa.
                    
  • Some work-authorized categories are limited by annual levels (for example, H-1B professionals, and H-2B temporary or seasonal workers).

Immigrant (Permanent Resident) Visas for Business

  • There are five basic types of business immigrant visas, ranked in order of priority of need by U.S. employers and the economy, as determined by Congress. All categories are limited by annual levels and per-country
    levels.
                   
  • These immigrants become permanent residents -- obtain “green cards” -- and the indefinite right to live and work in the United States, as long as they do not commit any offense that would render them deportable.
                        
  • Business immigrants usually are sponsored by a U.S. employer based on a demonstrated need. Some business immigrants may self-petition if they meet statutory criteria for “extraordinary ability” in their field, or if their entry would be in the “national interest.”
                  
  • Protections for U.S. workers are built into the system. Most business
    immigrant cases require Department of Labor certification that no U.S.
    workers are able, qualified, or willing to take the position offered to the
    foreign national and that admitting the immigrant won’t negatively impact
    the wages and working conditions of similarly situated U.S. workers. The
    only categories exempt from this requirement are those for: individuals who are extraordinary or outstanding in their field; individuals whose presence is in the “national interest”; and multinational managers and executives.

Employment-Based Immigration

The employment preference system allows certain immigrants to obtain
permanent residence (“green cards”) in the United States to work. Currently, immigration law allots 140,000 employment-based visas to immigrants. These employment-based visas are divided into the following categories:

FIRST PREFERENCE:
Up to 40,000 visas a year may be issued to priority workers. People who have “extraordinary ability,” “outstanding professors and researchers,” and
“certain multinational executives and managers” fall into this category. In
addition, any visas left over from the fourth and fifth preferences (see
below) are added to this category.

SECOND PREFERENCE:
Up to 40,000 visas a year (plus any visas left over from the first
preference) may be issued to persons who are “members of the professions holding advanced degrees or aliens of exceptional ability” in their field.

THIRD PREFERENCE:
Up to 40,000 visas a year (plus any visas left over from the first and
second preferences) may be issued to skilled workers, professionals, and
other workers. The other workers category covers workers who are “capable of performing unskilled labor,” and who are not temporary or seasonal. Workers in this category are limited to 5,000 visas per year. Skilled workers must be capable of performing skilled labor requiring at least two years of training or experience.

FOURTH PREFERENCE:
Up to 10,000 visas a year may be issued to certain special immigrants,
including ministers, religious workers, former U.S. government employees,
and others.

FIFTH PREFERENCE:
Up to 10,000 visas a year may be issued to persons who have between $500,000 and $3 million to invest in a job-creating enterprise in the U.S. At least 10 U.S. workers must be employed by each investor. The amount of investment needed can vary depending on which area of the country will benefit from the investment. If the investor fails to meet the conditions specified, he or she can lose permanent resident status.