There Is Always a Unique Remedy for Any One Who Faces legal Issues
برای هرفرد با هر مشکل حقوقی یک راه قانونی وجود دارد
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Neda U.S. Immigration and Social Services
دفتر حقوقی و مهاجرتی ندای ایرانیان
Neda U.S. Immigration and Social Services, LLC
Neda Imani Hesan, Iran-Tehran Bar Association Licensed Attorney - License Number 11405 California Licensed Immigration Consultant
ندا ايماني حسان وكيل پايه يك دادگستري كانون وكلاي دادگستري
مركز- تهران شماره پروانه وکالت 11405
مشاور رسمی امور مهاجرت در ایالت کالیفرنیا
America is a Nation of
Immigrants
U.S. Visa & Immigration
E-1,E-2 Visa
Treaty Trader & Investor Visas
Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a nonimmigrant visa for temporary stay, or an immigrant visa for permanent residence. Treaty Trader (E-1) and Treaty Investor (E-2) visas are for citizens of countries with which the United States maintains treaties of commerce and navigation. For a list of participating countries.
You must be coming to the United States to:
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engage in substantial trade, including trade in services or technology, in qualifying activities, principally between the United States and the treaty country; or
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develop and direct the operations of an enterprise in which you have invested a substantial amount of capital.
B1/B2 Visitor Visas
This "visitor" visa is a nonimmigrant visa for persons desiring to enter the U.S. temporarily for business (B-1) and for pleasure or medical treatment (B-2). For example, if the purpose of your planned travel is recreational in nature, including tourism, amusement, visits with friends or relatives, rest, medical treatment, and activities of a fraternal, social, or service nature, then a visitor visa (B-2) would be the appropriate type of visa for your travel. As additional examples, if the purpose for your planned travel is to consult with business associates, travel for a scientific, educational, professional or business convention, or conference on specific dates, settle an estate, or negotiate a contract, then a business (B-1) visitor visa would be the appropriate type of visa for your travel.
Current maximum stay in the U.S. for B visas is one year: most are admitted for 6 months or less.
F-1,F-2, Student Visa
The F1 Visa is issued for full time students enrolled in any University in the US, college, high school, private elementary school, seminary, conservatory or a language training program in the US. For any dependents like unmarried children under age 21 or the spouse who accompany F1 Visa holder will be issued F2 Visa during their stay here in the US. These visas are issued for the length of their education program. The F1 visa also allows visa holders a period of practical training know as Optional Practical training (OPT) when the F1 visa holder is not a full time student within the university but is a intern or a trainee.
Difference between f1 vs f2 visa
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F1 Visa issued for full time students enrolled in any University in the US, college, high school, private elementary school, seminary or training program in the US.
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F2 is issued for any dependents of F1 visa holder who will accompany F1 visa holder to the US. Like unmarried children under age 21 or the spouse.
EB-5 Investment Visa
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The EB-5 program is currently the only visa program designed to allow foreign investors to gain permanent residence (a “green card”) in the United States. It requires a minimum investment of $1 million, or $500,000, if the investment is in a rural or targeted high unemployment area where unemployment is 150% of the national average. The investment also must result in the creation of at least 10 jobs.
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There are 10,000 EB-5 visas available each Fiscal Year (FY).
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To qualify for the EB-5 program, immigrants can invest directly in a job-creating business, or can invest through regional centers approved by USCIS to promote economic growth in designated areas.
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If the investor’s initial application is approved, the investor can apply for conditional residence in the United States. Once approved, the conditional residence lasts two years. After two years, the investor can apply to have the conditions removed and have the conditional residency made permanent, but only if the investment has resulted in the creation of a minimum of 10 jobs, as required.
EB-3 Employment Visa
EB-3 is an visa preference category for United States employment-based permanent residency. It is intended for "skilled workers", "professionals", and "other workers". Those are prospective immigrants who don't qualify for the EB-1 or EB-2 preferences. The EB-3 requirements are less stringent, but the backlog may be longer. Unlike persons with extraordinary abilities in the EB-1 category, EB-3 applicants require a sponsoring employer. There is no "self-petition" category.
K-1,K-2, K-3 Visas Fiancé, Spouse, Children
The fiancé K-1 nonimmigrant visa is for the foreign-citizen fiancé of a United States (U.S.) citizen. The K-1 visa permits the foreign-citizen fiancé to travel to the United States and marry his or her U.S. citizen sponsor within 90 days of arrival. The foreign-citizen will then apply for adjustment of status to a permanent resident (LPR) with the Department of Homeland Security’s (DHS) U.S. Citizenship and Immigration Services (USCIS). Because a fiancé visa permits the holder to immigrate to the U.S. and marry a U.S. citizen shortly after arrival in the United States, the fiancé(e) must meet some of the requirements of an immigrant visa. Eligible children of K-1 visa applicants receive K-2 visas
The K-3 nonimmigrant visa is for the foreign-citizen spouse of a United States (U.S.) citizen. This visa category is intended to shorten the physical separation between the foreign-citizen and U.S. citizen spouses by having the option to obtain a nonimmigrant K-3 visa overseas and enter the United States to await approval of the immigrant visa petition. K-3 visa recipients subsequently apply to adjust status to a permanent resident (LPR) with the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) upon approval of the petition. Because the spouse of a U.S. citizen applying for a nonimmigrant K-3 visa must have a immigrant visa petition filed on his or her behalf by his or her U.S. citizen spouse and pending approval, a K-3 applicant must meet some of the requirements of an immigrant visa. It should be noted that under U.S. immigration law, a foreign citizen who marries a U.S. citizen outside the U.S. must apply for the K-3 visa in the country where the marriage took place.
H-1B Visa, Specialty Workers
The US H-1B visa is a non-immigrant visa that allows US companies to employ graduate level workers in specialty occupations that require theoretical or technical expertise in specialized fields such as in IT, finance, accounting, architecture, engineering, mathematics, science, medicine, etc. Any professional level job that usually requires you to have a bachelors degree or higher can come under the H-1B visa for specialty occupations. If you do not have a bachelors degree or higher you may be able to show degree equivalence through work experience and/or other qualifications.
However, because of the visa cap it is unlikely that an H-1B visa petition will be successful. The US employer petitions for the H-1B Visa in the US which has a duration of up to 6 years.
Applying for a non-immigrant visa is generally quicker than applying for a US Green Card, therefore the H-1B visa is popular for companies wishing to bring in staff for long-term assignment in the US. However, because of the lack of available visas employers frequently have to look at applying for other visa categories such as the L-1B for specialized workers, L-1A for managers and executives, E-2 Treaty Investor visa, E-1 Treaty Trader visa, E-3 for Australians etc.
L-1A, L-1B, for Temporary Workers
L-1A and L-1B visas are available for temporary intracompany transferees who work in managerial positions or have specialized knowledge.
Eligibility
L-1A and L-1B visas may be issued when an employer files a petition to obtain authorization for qualified employees to be allowed to work and live in the United States.
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The L-1A visa is for intracompany transferees who work in managerial or executive positions in a company that is located outside the United States.
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The L-1B visa is for intracompany transferees who work in positions requiring specialized knowledge.
IR-2, IR-3,IR4,IH-3 Adoption
Visa types for Hague Adoptions:
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IH-3 visa: Issued for children with full and final adoptions from a Hague Convention country.
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IH-4 visa: Issued when a child is coming to the United States from a Hague Convention country to be adopted.
Visa types for Orphan (Non-Hague) Adoptions:
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IR-3 visa: Issued when a full and final adoption is completed abroad:
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Requires that the parent (if unmarried), or at least one parent (if married) physically see the child prior to or during the adoption proceedings.
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IR-4 visa: Issued to a child that:
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is coming to the United States to be adopted.
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was adopted abroad by only one parent (if married).
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was not seen by the parent(s) prior to or during the adoption.
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Visa types for Other Adopted Children:
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IR-2 visa: Issued to a child:
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adopted by a citizen if the child immigrates to the U.S. while unmarried and before his or her 21st birthday.
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after the child’s 21st birthday, if he or she is treated under the Child Status Protection Act (as if he or she were still under 21).
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EB1, EB2, EB3 Visas, Extraordinary Ability
The two principal avenues by which people abroad immigrate to the U.S. is through the employment-based (EB-1, EB-2, and EB-3) and the family-based categories. The employment-based category is divided into several subcategories.
The EB-1 category is composed of three sub-groups:
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Persons of Extraordinary Ability in the sciences, arts, education, business, or athletics. Applicants in this category must have extensive documentation showing sustained national or international acclaim and recognition in the field of expertise. A specific job offer is not required (an individual can file their own petition with the USCIS, rather than go through an employer) so long as the applicant will continue to work in the U.S. in the field in which they have extraordinary ability.
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Outstanding Professors and Researchers with at least three years experience in teaching or research, and international recognition. Labor certification (also referred to as PERM) is not required, but the prospective employer must provide a job offer and sign the immigrant petition.
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Multinational Executives and Managers are the third sub-group of the EB-1 category. Qualified persons must have been employed for at least one of three preceding years in an executive or managerial capacity by a U.S. parent, subsidiary, branch, or affiliate of a foreign corporation. Labor certification is not required, but the prospective employer must provide a job offer and file a petition with the USCIS.
Persons falling into the EB-2 category must have a labor certification (commonly known as PERM) approved by the Department of Labor. A job offer is required, and the prospective U.S. employer must file a petition on behalf of the applicant. An application may be made for an exemption of the job offer and labor certification requirements if it would be in the "national interest." Click here for National Interest Waiver. There are two subgroups within the EB-2 category:
Professionals holding an advanced degree (beyond a baccalaureate), or a baccalaureate degree and at least five years progressive experience in the profession.
Persons with exceptional ability in the arts, sciences, or business significantly above that ordinarily encountered within the field.
EB-3 category applicants must be sponsored by their prospective employer in all circumstances. There are three subgroups:
Professionals with a baccalaureate degree.
Skilled workers, i.e., those capable of performing work requiring at least two years experience or training.
Unskilled workers, i.e., those persons capable of filling positions requiring less than two years training or experience.