WAYS - PowerPoint Presentation

Slide1

WAYS TO IMMIGRATE  TO THE UNITED STATES

Tel.: (212) 203-2406 Fax: (212) 279-9743 Email: info@mouratovalawfirm.comwww. mouratovalawfirm.com

The Law Firm of Ekaterina

Mouratova

, PLLCSlide2

There

is a number of ways to immigrate to the United States. Family-Based ImmigrationEmployment-Based ImmigrationInvestment-Based Immigration

Asylum

Lottery Slide3

1. Family-Based Immigrant Visas 

U.S. citizens and Permanent Residents (Green Card holders) can sponsor their relatives for immigration to the U.S.Slide4

Immediate relatives

of a U.S Citizen Spouse of a U.S. Citizen  Unmarried Child Under 21 Years of Age of a U.S. Citizen  Orphan adopted abroad by a U.S. Citizen  Orphan to be adopted in the U.S. by a U.S. citizen  Parent of a U.S. Citizen who is at least 21 years old

 Slide5

Family Preference Categories 

The family preference immigrant visas are divided into priority preference and usually granted according to which preference category the family members fall into.    Slide6

Family members who qualify Family Preference Immigrant Visa

s First Preference: unmarried sons and daughters of a U.S

. citizen and their children

under

the age of

21

 Second Preference

:

a

spouse

, minor child, or

unmarried son

s

and daughters over the age of 21 of 

a

U.S citizen

or

a

Lawful

Permanent

Resident.

Third Preference

:

a

married son or daughter of a U.S. citizen,

their

spouses and minor children.  

 Fourth Preference

:

a

 brother or sister of a U.S. citizen over the age of

21

,

their spouses and minor children.Slide7

There is no limit on the amount of visas issued to immediate relatives of the U.S. citizens.

There is an annual limit on the amount of visas to be issued to the family-preference categories. After the allotted number of visas are issued, the remaining applicants will have to wait until the visa becomes available to them.

Waiting period depends on the

priority

date

of the

preference

categor

y a person falls into

.

 Slide8

Who

does not qualify for family preference immigration visa? Grandparents of a U.S Citizen or Lawful Permanent ResidentAunts or Uncles of a U.S Citizen or Lawful Permanent Resident Any in-laws of a U.S Citizen or Lawful Permanent ResidentCousins of a U.S Citizen or Lawful Permanent ResidentSlide9

Process of Family-based Immigration

1) Filing a PetitionA Petitioner shall file a petition for an Alien Relative with the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS). This form is to establish the relationship between the citizens/LPRs

and their

relatives.

2) Age requirement for

a

Petitioner

A

Petitioner

should be over the age of 21

when

sponsoring parents

or siblings.

For all other members of the family, U.S/ LPR' Petitioner should be over the age of

18

.Slide10

3) A

Petitioner must reside in the U.SA petitioner must establish his/her lawful residence in the U.S.In some cases, a

petitioner

also

must be in the U.S when he files for the petition. 

4)

A

Petition

can

update his/her

immigration status.

This provision is

for

Lawful Permanent

Residen

ts

who obtained U.S citizenship

after

they had

filed

a petition for a

family

member.

New

citizens can upgrade the family

preference

category for their relatives

 according to the new eligibilities. Slide11

5

) National Visa Center Once the USCIS approves the petition, it will be transferred to the National Visa Center. NVC will pre-process the petition. It involves submission of additional documents and fees. 6) U.S. Consulate abroadOnce

NVC

receives requested documents and fees, it will forward the package to the U.S. Consulate at the country of relative’s residence. Subsequently the relative will be called to the embassy for an interview. If a relative was not found inadmissible to the U.S. an immigrant visa is issued at the embassy.

If relative is outside the U.S

.Slide12

Relatives already residing in the U.S.

If the family member is already residing in the U.S., he/she can apply for adjustment of

status

.

A separate application is filed with USCIS and corresponding fee is paid.

If approved, a person will receive a green card in the U.S. by mail. Slide13

2. EMPLOYMENT BASED IMMIGRATION 

Every year, the United States grants a specific number of permanent work visa. They are divided into the following four categories: First preference – EB1Second preference – EB2Third preference - EB3Fourth preference - EB4Slide14

First preference- EB1 Visa

This visa is for individuals who: Have extraordinary ability in business, art, sport, entertainment, science, education 

Are

Outstanding

Professors and Researchers 

Are

Multinational Manager

s

or

Executive

s Slide15

1. Extraordinary Ability 

Extraordinary ability is in the field of science, arts, education, business

or

sport

.

Evidence of all claimed achievements are proved through extensive documentation. 

Applicants do not need an employer to file this petition. They can apply  themselves. 

Evidence including nation & international awards, one-time achievements,

newspaper articles

, other

media cover

age

,

publications, recommendations etc. are all admissible documents . Slide16

2. Outstanding Professors and Researchers

must have an outstanding performance in the specific field of study, which is  recognized internationally.must have a minimum of 3 years experience teaching in the area of specialization or doing research in

a specific subject.

must

prove

that

his/her

main

purpose

in the U.S. is to pursue a comparable research position or higher education. 

Applicants DO NEED an employer to file this petition. Applicant cannot apply for this petition themselves.

Evidence including nation & international awards, one-time achievements,

newspaper articles

, other

publications, recommendations, academic research etc. are all admissible documents.  Slide17

3. Multinational Manager

s or Executives must have been working outside the U.S for at least 3 years and a minimum of 1 year in a sponsoring company in a managerial or executive position before filing the

petition. 

must

be entering the U.S with the main purpose of continuing

service

in a managerial or executive

position

for

the same company.   Applicants DO NEED an employer to file this petition. Applicant cannot apply for this petition themselves.

Applicant's employer should be in

business

in the U.S.

for

a

minimum period of 1

year

before sponsoring

foreign

employee

s.

 Slide18

Second preference EB2 

Applicants who are members of professions holding advance degree or its equivalent foreign degree or a foreign national with exceptional abilities This category is sub-divided into the following:Advanced DegreeExceptional Ability National Interest Waiver Slide19

1) Advance Degree 

The applicant is seeking an employment position that requires advanced degree or its equivalent. must be able to provide letters of recommendation from people of high standing in that academic area. must posses a U.S advance degree or foreign equivalent

. 

must

show that he/she has a minimum of 5 years of work experience or training in the field of

specialty.

Require sponsorship of a U.S. employer. Slide20

2) Exceptional Ability

Exceptional ability in science, arts, education, business

. 

According to USCIS definition of Exceptional ability

“means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business

.”

The difference from the aliens with extraordinary ability is that they do not have to achieve the very top of their profession, but must achieve more than an average representative of the industry.

Require sponsorship of a U.S. employer. Slide21

3) National Interest Waiver 

The waiver is generally granted to the individuals whose employment will benefit the nation and its economy. Unlike other petitions, National Interest waiver does not require a U.S. employer (a self-petition

filled

by the

applicant

)

.

Th

e

waiver exempts applicants from requiring to obtain a labor certification from the department of labor. Slide22

Third preference EB3Applicants who

are:Skilled workersProfessionals Unskilled workers Slide23

1) Skilled Work

ers  Applicant must have a minimum of two years of work experience or training in the field of the specific skilled work. Applicants apply for a job

for which

qualified workers

are

not

available

in the U.S. 

Requirements:

1)

must

obtain Labor Certificate from Department Of Labor. 2)

must have

a permanent, full-time job in the U.S.  

 Slide24

2) Professional

sApplicant must possess a U.S baccalaureate degree or a foreign degree equitant   Such degree should be required degree for the prospective occupationApplicant must be working in a field where there is a lack of qualified workers in the U.S 

 Requirements: 

 1)

must

obtain a Labor certificate from the Department of  Labor. 

 2)

must

have a permanent full-time job offer at the time of filing the

petitionSlide25

3) Unskilled worker

s Applicant must be capable at the time of filing the petition of performing unskilled labor which requires less than two-year training or experience.Other work for which qualified workers are not available in the United States. Requirement

s

:

 1)

must

obtain a Labor certificate from the Department of  Labor.  

 2)

must

have a permanent full-time job offer at the time of filing the petition.Slide26

Fourth preference EB4

People who are either:Religious Workers Special Immigrant Juveniles BroadcastersG-4 International Organization or NATO-6 Employees and Their Family Members  International Employees of the U.S. Government Abroad Slide27

6) Armed Forces Members 

7) Panama Canal Zone Employees 8) Certain Physicians 9) Afghan and Iraqi Translators 10) Afghan and Iraqi Nationals Who Have Provided Faith Service in Support of       U.S. OperationsSlide28

       3. Investment Based Immigration 

EB-5 immigration program allows entrepreneurs (and their spouses and unmarried children under 21) to apply for a green card if they satisfy two conditions:invest in a commercial enterprise

in the U.S.

create

or preserve 10 permanent full-time jobs for qualified U.S. workers.Slide29

What is a

Commercial Enterprise?The USCIS definition of a commercial enterprise - any for-profit activity formed for the ongoing conduct of lawful business including, but not limited to:A sole proprietorshipPartnership (limited

or general)

Holding company

Joint venture

Corporation

Business trust or other entity, which may be publicly or privately ownedSlide30

R

equired investmentIn general, the minimum qualifying investment in the U.S is $ 1 million dollars. If investment is made in a targeted employment area (either

a rural area or

with

150

%

unemployment

rate),

require

d

minimum is $500,000.Slide31

What can constitute investment?Capital can be composed of cash, equipment, inventory, other tangible property, cash equivalents and

indebtedness secured by assets owned by the alien

entrepreneur

.

P

rovided

that

assets

of the new commercial enterprise upon which the petition is based are not used to secure any of the indebtedness.Slide32

4. Asylum  

U.S grants protection to people who are fleeing persecution or fearing of being persecuted in the countries of their residence

on

the basis of

:

Race

Religion 

Nationality 

Membership in a particular

s

ocial

g

roup

Political

o

pinion

 Slide33

Process of Seeking Asylum 

An Asylum seeker must file an application for asylum and withholding of removal, within ONE YEAR FROM THE DATE OF ENTRY TO THE U.S. (there are limited exceptions to this rule)An Asylum seeker may include a spouse and children who are under the age of

21

who

are present in the

U.S

. in

his

/her

petition.Slide34

Applicants whose family is not in the U.S

If asylum is granted, then he/she can petition for the spouse and children who are outside the U.S.must file a petition for Refugee/ Asylee Relative Form.must file within TWO YEARS after being granted Asylum unless delayed due to humanitarian

reasons

.Slide35

Working in the U.S

An asylum applicant may apply for a work authorization in the U.S. if more than 150 DAYS have passed since the date of filling the application and this delay was not caused by the applicant. no

decision has been made on

the

application Slide36

5. IMMIGRANT DIVERSITY VISA

PROGRAMKnown as a “Green Card Lottery” Once a year U.S. publishes a list of countries, which citizens can participate in a lottery. Those are countries with historically low rates of immigration to the United States. 

The lottery takes place once a yearSlide37

Requirements

The requirements are simple but strict: The applicant must either be born in one of the eligible countries The applicant must

have

a

high

school education

or

work

experience for at least 2 years

in

the occupation that requires a two-year

training

The

applicant must

satisfy

the basic immigration requirements

such as

n

o

criminal record,

g

ood health

,

etc

.

In

some cases:

t

he

applicant may

apply

based

on

the country of birth of

his/her

parents or

spous

eSlide38

Information required for processing

Full Name Date of BirthGender Country of BirthCountry of Eligibility for Diversity VisaEntry Photograph – Individual photos, family photos not accepted.  Mailing Address 

8.Country of Current Residence 

9.Phone Number

10.Email 

11.Highest Level of Education or Work experience 

12.Martial Status 

13.Spouse Information  

14.Number of Children 

15.Children's information Slide39

Fee Structure

There is no charge for the electronic download and electronic entry of the form.Only if and after the application is selected from the randomized computer lottery, the applicant must pay applicable visa fees. Slide40

Process

Diversity Visa form is also known as Lottery visa can be filled and submitted online only.An Applicant can fill entry more than once, failing which the entry will be disqualified. Any incorrect or incomplete entry or form by the applicant may be disqualified. Slide41

Questions?Slide42

The Law firm of Ekaterina Mouratova, P

LLC222 Broadway, 19 Floor New York, NY 10038 Tel.: (212) 203-2406 Fax: (212) 279-9743 Email:

info@mouratovalawfirm.com

www.mouratovalawfirm.com

http://nystartuplawcenter.com