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[lawmaks]

Steps To Convert EB1 To Green Card Status Successfully

Converting from an EB1 Visa to a Green Card (permanent residency) in the United States is a significant milestone for individuals who qualify under this employment-based category. This article outlines the essential steps involved in successfully transitioning from an EB1 Visa to Green Card status, highlighting the process and benefits for eligible candidates.

Understanding EB1 Visa and Green Card Eligibility

The EB1 Visa, also known as the Green Card EB1, is reserved for individuals with extraordinary abilities, outstanding professors or researchers, and multinational executives or managers. It is categorized as a priority worker visa due to its stringent eligibility criteria and benefits for highly skilled professionals.

Steps to Convert EB1 to Green Card

1. Confirm Eligibility

The first step in converting from an EB1 to Green Card is to ensure continued eligibility. Candidates must maintain their extraordinary ability, exceptional research contributions, or managerial roles in multinational companies to qualify for permanent residency.

2. Employer Sponsorship

Most EB1 Visa holders seeking a Green Card require employer sponsorship. Employers must file a Form I-140, Immigrant Petition for Alien Worker, on behalf of the employee to initiate the Green Card process. This petition serves as proof that the applicant meets the criteria for the EB1 category.

3. Priority Date

Once the Form I-140 is approved, the applicant receives a priority date, which determines their place in the queue for Green Card processing. Priority dates are crucial, especially for applicants from countries with high demand, as they must wait for their priority date to become current before proceeding to the next steps.

4. Adjustment of Status or Consular Processing

Depending on the applicant's circumstances, they can either adjust their status to permanent residency while remaining in the United States (if eligible) or undergo consular processing at a U.S. embassy or consulate abroad. Adjustment of status involves filing Form I-485, Application to Register Permanent Residence or Adjust Status, while consular processing requires an immigrant visa application.

5. Biometrics and Interview

As part of the Green Card application process, applicants must attend a biometrics appointment to provide fingerprints, photograph, and signature. Additionally, an interview may be scheduled to assess the applicant's eligibility and verify the information provided.

6. Receive Green Card

Upon approval of the Green Card application and successful completion of all required steps, the applicant will receive their Green Card, granting them permanent residency in the United States. This status allows individuals to live and work permanently in the U.S., travel freely, and enjoy various benefits of residency.

How LAWMAKS Can Assist

Navigating the complex process of converting from an EB1 Visa to a Green Card requires expertise and thorough knowledge of U.S. immigration laws. LAWMAKS specializes in immigration services, including UAE Visa for Green Card Holders and assistance with EB-5 Visa programs. Our team provides comprehensive support from initial consultation to final Green Card approval, ensuring a seamless transition to permanent residency.

In conclusion, converting from an EB1 Visa to Green Card status is achievable with careful planning and professional guidance. For expert assistance and personalized immigration solutions, trust LAWMAKS to streamline your path to permanent residency in the United States.

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L1 Visa Introduction

The United States L1 visa is a non-immigrant visa which allows overseas companies to transfer employees under two types of L1 visa schemes. For L1 visa transfers of executives and managers including business owners for up to seven years there is the L1A visa, and for specialized knowledge employees the L1B visa allows entry for up to five years to a new or existing US office. To qualify for an L1 visa the employee, which can include business owners, must have worked for a subsidiary, parent, affiliate or branch office of the US company outside of the US for at least one year out of the last three years.

One of the benefits of the L1 visa is that there is no quota. Unlike in the case of the H1B visa category, an unlimited number of visas can be issued. However, unless the company is a very large company with blanket filing a considerable amount of documentation needs to be submitted for each L1 visa petition to the USCIS in duplicate. Indians and Chinese nationals are able to come under the L1 visa category. They are unable to come under the E2 visa and E1 visa which is limited only to certain nationalities.

Business owners can also apply for L1 Visa

This can be an excellent way for businesses including small businesses to expand into the US with a minimal investment. However, the business outside the US should continue trading even after the L1 visa holder has entered the US. Business owners who have worked for the business outside the US for one year in the last three years, wishing to set up a business in the US can apply without having to make a large investment of at least half a million dollars as required under the EB5 immigrant investor scheme.

L1 Visa and Employment Based EB1C Green Card

The requirements for employment based immigration (permanent residence) under the EB1C immigrant scheme are similar to the requirements for the L1A Executive and Manager visa category. Many overseas executives and managers including business owners come under the L1A visa scheme first and then apply at a later date for EB1C as an international manager or executive which is one of the best ways of gaining an employment based immigrant visa (green card).

As you need to show that you have worked for the business outside the US for at least one year in the last three years, you need to apply for the EB1C immigrant visa within two years of entry to the US on an L1 visa. The business needs to have been established in the US for at least one year before you can apply under this green card scheme.

Companies operating in the US can apply to the relevant USCIS service center for an L1 intracompany transfer visa to transfer someone to the US from their overseas operations. Employees in this category will, initially, be granted an L1 visa for up to three years. For a new office (that has been in operation for less than a year) the L1 visa is granted for one year.

There are two types of employee who may be sponsored for USA L1 visa:

L1A Executives and Managers — L1 Visa requirements for management and executive roles for these purposes is quite strict, and a detailed description of the duties attached to the position will be required. In particular, the executive or manager should have supervisory responsibility for professional staff and/or for a key function of the department or subdivision of the employer. Such personnel are issued an L1A visa, initially for a three year period extendible in two year increments to a maximum of seven years. For a new US office entry for an L1 visa is granted for one year.

L1B Specialized Knowledge Staff — This category covers those with knowledge of the company’s products/services, research, systems, proprietary techniques, management, or procedures. This should be explained in some detail when applying for the L1 visa. Staff in this category are issued an L1B visa, initially for three years extendable to a maximum of five years.On completing the maximum allowable period in L1 visa status, the employee must be employed outside the United States for a minimum of one year before a new application is made for L or H status.

2. Investment in a Regional Center

Regional centers are investment opportunities that have been pre-approved by the U.S. Citizenship and Immigration Services. To be eligible for this investment option, applicants must meet the following criteria:

Make an investment of US$900,000.

Create full-time employment for at least 10 qualified U.S. workers, where indirect employment is permitted.

Active management of the enterprise is not required.

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E2 Visa Team

Business and Employment Visa’s are very complex to successfully process as they include numerous considerations. It is extremely important to work with an experienced team of professionals that are capable of providing all of the necessary requirements needed to successfully obtain your US Visa, or you run the risk and associated cost of a denial.

The E2 Visa Team is a collection of skilled professionals that specialize in all services associated with Business and Employment based US Visa preparation and submission. We understand moving to a new country can be stressful and costly, so we do our best to eliminate your stress and provide affordable high-quality Business and Employment Visa processing. We believe the key to any successful relationship is effective communication, and we do everything we can to provide you with the best experience possible.

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[lawmaks]

E-1, E-2, and EB-5 US Visas: Unveiling the Differences

In the realm of US visas, the E-1, E-2, and EB-5 visas stand out as distinct options, each serving a unique purpose.

The E-1 visa is for individuals from treaty countries engaged in substantial international trade with the US. It facilitates entry for trade-related activities.

The E-2 visa, also for treaty country citizens, targets those investing significant capital in a US business, granting them managerial control.

In contrast, the EB-5 Visa offers a path to permanent residency. It demands substantial capital investment in a US business and job creation or preservation, ultimately leading to permanent residency.

In summary, E-1 and E-2 visas are nonimmigrant, focused on trade and investment, while the EB-5 visa offers permanent residency. Understanding these differences is crucial for choosing the right visa, and consulting an immigration attorney can provide personalized guidance in navigating the US visa system. For more information on each of these visa categories, please visit our website pages, Lawmakes Immigration Lawyer Stamford CT

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A green card, known officially as a permanent resident card, is an identity document showing a person has permanent residency in the United States. Green card holders are formally known as lawful permanent residents.

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A Comprehensive Guide on How to Get Visa for USA

Different Categories of U.S. Visas

There are two main types of U.S. visas. There's the non-immigrant visa which is used to travel to the United States on a temporary basis, and there's the immigrant visa that's used for those who want to migrate and live permanently in the country.

Common Non-Immigrant Visas 

There are different kinds of non-immigrant visas and each specifies a purpose to travel to the U.S. We will discuss in detail the common non-immigrant U.S. visas:

Business Visa (B-1): This visa is issued for foreign nationals traveling to the United States for business purposes, such as attending business meetings or consultations, conventions, and conferences, or negotiating contracts.

Tourist Visa (B-2): This visa is used for foreign nationals who want to travel to the United States for tourism purposes. This is also the same visa issued for foreign nationals seeking medical treatment in the U.S.

Student Visa (F, M): This visa is used for academic and vocational studies.

Media Visa (I): This visa is issued for foreign media, press, and radio.

Exchange Visitor Visa (J): This visa is for foreign nationals who are traveling to the U.S. to participate in a cultural exchange program. To be more specific, the different purposes of travel include categories of au pair, physician, professor, scholar, teacher, and exchange visitor.

Temporary Employment Visa (H, L, O, P, Q): The Temporary Employment Visa is issued for petition-based temporary employment in the U.S. The different visa categories under these are H-1B issued for people in a specialty occupation, H-1B1 for Free Trade Agreement professionals, H-2A for temporary agricultural workers, H-2B for temporary non-agricultural work, H-3 for trainee or special education visitors, L visas are issued for the purpose of intracompany transferee, O for individuals with extraordinary ability and achievement, P-1 for individuals, team athlete, or member of an entertainment group, P-2 and P-3 for artists and entertainers, and Q-1 visas are for participants in an international cultural exchange program.

Transit Visa (C): This visa is issued for travelers who have immediate and continuous transit that passes through the U.S. (a.k.a. layovers) en route to another country.

Common Immigrant U.S. Visas

The immigrant Visas are categorized into three, namely family-sponsored visas, employment-based visas, and diversity visa programs.

Immediate Relative & Family Sponsored (IR1, IR2, IR3, IR4, IR5, IH3, IH4, CRI, CR2, K-3, K-1, F1, F2A, F2B, F3, and F4): These visa categories are for applicants who are either a spouse of a U.S. citizen, fiancé/fiancée who will marry a U.S. citizen and live in the U.S., adoption of an orphan child by a U.S. citizen, or for certain family members of a U.S. citizen or lawful permanent residents.

Employer-Sponsored (E1, E2, E3, EW3, C5, T5, R5, I5, S, SD, SR, SI, and SQ): These visas are issued for employment-based immigrants such as religious workers, Iraqi and Afghan translators and interpreters, and Iraqis and Afghans who worked for/on behalf of the U.S. government.

Diversity Immigrant Visa (DV): This visa is issued for those who successfully registered for the Diversity Immigrant Visa (DV) Program.

Returning Resident (SB): This visa is for permanent U.S. residents or conditional residents who stayed outside of the U.S. for more than one year or beyond the validity period of a re-entry permit, that need a new immigrant visit to re-enter the country.

For those who do not see a visa category that fits their reason for traveling to the U.S., it is best to refer to the U.S. Embassy of the Philippines' list of visas.

How to Determine the Right Visa Category to Apply For?

The U.S. Embassy has what you call a "Visa Wizard" which guides you in identifying which visa category to apply for. It asks questions such as, "What country/authority or area issued your passport?" and "Why are you traveling to the U.S.?"

This does not determine if you are or aren't eligible to receive a U.S. visa. It is still up to the U.S. Embassy to decide your eligibility and the visa category suitable for your purpose of travel.

List of U.S. Visa Requirements

The specific requirements for a U.S. visa depend on the type of visa you're applying for. However, there are similar or general requirements that apply to most types of visa categories. Here is a list of those requirements:

Valid passport: The passport must be valid for at least six months beyond the period of stay in the U.S.

A completed visa application: Depending on the visa category you're applying for, the visa application can be accomplished online or in person at a U.S. consulate or embassy.

Receipt of payment of visa fees: Visa fees, which are non-refundable, vary depending on the type of visa being sought. 

Photo: Most visa categories will require a colored 2x2 photo of you within the last six months. There are specific requirements for the photo, i.e. that the applicant's photo should be of in a full-face view and with a neutral facial expression, taken behind a plain white or off-white background, and wearing clothes normally worn on a daily basis. See the list of requirements.

Evidence of ties to home country: Especially for tourist visas, it is best to have evidence of your employment or family ties in the Philippines. This is to show that you, the applicant, have a purpose to return to your home country. This may include proof of employment, family ties, property ownership, or other evidence.

Health and character requirements: Some visa categories require applicants to undergo medical examinations and/or provide police clearance certificates. For example, immigrant visas require a medical exam in the Philippines prior to the visa interview, specifically at St. Luke's Medical Extension Clinic at 1177 Jorge Bocobo St, Ermita, Manila.

Supporting documents: Supporting documents vary depending on the visa category, such as bank statements and travel itineraries. For those applying for a student visa (F, M), a consular officer may require documents such as transcripts, diplomas, and degrees. 

U.S. Visa Application Forms and Links

The U.S. Embassy has standardized visa application forms, both in print and online, depending on the visa category you want to apply for. These need to be fulfilled before the scheduled visa interview.

Non-Immigrant Visa Forms and Links

DS-160: Online Nonimmigrant Visa Application

DS-156E: Non-immigrant Treaty Trader or Investor Application

DS-158: Contact Information and Work History for Nonimmigrant Visa Applicant

DS-1648 Online: Application for A, G, or NATO Visa

DS-2019: Certificate of Eligibility for Exchange Visitor Status. : This does not have a downloadable form or link. It is advised that the applicant contact their exchange visitor program sponsor.

DS-3035: J-1 Visa Waiver Recommendation

Immigrant Visa Forms and Links

DS-117: Application to Determine Returning Resident Status

DS-157: Petition for Special Immigrant Classification for Afghan SIV Applicant

DS-230: Application for Immigrant Visa and Alien Registration (Cuban Family Reunification Parole applications only)

DS-260: Immigrant Visa and Alien Registration Application (Immigrant Visa and Diversity Visa Program applications only) (Sample)

DS-261: Choice of Address and Agent

DS-234: Special Immigrant Visa Biodata Form

DS-1981: Affidavit Concerning Exemption from Immigration Requirements for a Foreign Adopted Child

DS-1884: Petition to Classify Special Immigrant Under INA 203(b)(4) as an Employee or Former Employee of the U.S. Government Abroad

FAQs on the U.S. Visa Application Process

How Much Does It Cost to Apply for a U.S. Visa?

For non-immigrant visas, the fee starts at U.S. $160 or P8,929, while an immigrant visa application processing fee starts at U.S. $205 or P11,441. These visa fees are non-refundable. In some visa categories (i.e. E-1, E-2, H-1B, H4, L-1, L-2, R-1, and R-2) there is a need to pay for an additional visa issuance fee that ranges from U.S. $363 or P20,278 to U.S. $813 or P45,417.

*United States Dollar to Philippine Peso exchange rate used as of May 15, 2023.

How Can I Pay For My U.S. Visa Application Fee?

You can pay for the visa application fee online via PesoNet or RCBC, or through bank transfers via RCBC. Here's what you need to know:

Online payment: All payments made from midnight to 3 p.m. via RCBC, will receive the receipt purchase date on the same day. It is best to book the interview four to 24 hours after the payment.

Bank transfer: For online payments made through RCBC and PesoNet, the receipt purchase date will be given the next day. It is best to book the interview a day after the receipt purchase date and after 11 a.m.

How to Schedule a USA Visa Interview Appointment?

There are two ways to schedule the interview: online and live chat.

Online: First, you must register and create a profile on the U.S. Department of State's website. This will ask for your visa type, visa category, visa class, and personal data (passport details, contact information, mailing address), then you can proceed to the calendar which will tell what dates are available for the interview.

Live Chat: You may also opt to schedule an appointment through the U.S. Embassy's live chat by clicking the red LIVE CHAT button. This is available from Monday to Friday, 9 a.m. to 5 p.m. (except during Philippine and U.S. holidays).

What Do I Need to Bring to the U.S. Embassy on the Day of My Interview?

There are different requirements per visa category, but below are the common documents that need to be hand-carried and submitted to the U.S. Embassy by non-immigrant (B-1 and B-2) visa applicants on the day of the scheduled interview:

A valid passport and if applicable, old passport/s with a U.S. visa

A printed copy of DS-26

Visa application fee receipt

One 2x2 colored photo

Supporting documents: current proof of income, tax payments, travel itinerary, a letter from employer detailing your employment, criminal/court records pertaining to any arrest or conviction.

For students: latest school results, transcripts, and degrees/diplomas. Best to bring monthly bank statements, and fixed deposit slips to show financial support.

For working adults: employment letter from employer and payslips from the most recent three months.

For business visitors: evidence of your position in the company and remuneration.

For those visiting a relative: photocopies of your relative's proof of status (e.g. Green Card, naturalization certificate, valid visa, etc).

For previous visitors to the U.S.: any documents attesting to your immigration or visa status.

For those seeking medical treatment: medical diagnosis from a local physician, a letter from a physician or medical facility based in the U.S. that's willing to treat the medical condition, and a statement of financial responsibility from the individual/organization paying for your transportation, medical, and living expenses.

IMPORTANT: If you're not applying for a B-1 or a B-2 visa category, check this list of requirements needed for the visa category you're applying for.

For security reasons, visa applicants are not allowed to bring any battery-operated or electronic device (mobile phones, digital watches, cameras, laptops, et cetera) inside the U.S. Embassy. 

The following items, but not limited to, are also not allowed inside the U.S. Embassy: large shoulder bags, backpacks, briefcases, food items, sealed envelopes or packages, cigarettes, cigars, lighters, sharp objects, weapons, and explosive materials. The embassy does not have a storage facility or lockers where you can store your phone and other prohibited items.

Where is the U.S. Embassy in the Philippines?

The interview is held at the U.S. Embassy in Manila, 1201 Roxas Boulevard, Manila, Philippines. For inquiries, the U.S. Embassy can be contacted at (632) 5301-2000. 

The U.S. Consular Agency is at Waterfront Hotel, Lower Ground Floor, 6000 Salinas Dr, Lahug, Cebu City. You can contact them at 32 231-1261. The agency does not provide any visa services to Filipinos, they only assist U.S. citizens based in the area and U.S. citizens in nearby provinces who are in need of passport and citizenship services.

How Much Money Should I Have In My Bank?

There is no specific predetermined amount balance needed. In fact, in some cases, the consul officer doesn't ask for the bank records, while in some, even having more than a hundred thousand pesos doesn't guarantee an approved U.S. visa application. Remember that show money isn't the only factor the consul officer considers in approving or denying your application.

How Long Before My U.S. Visa Application Gets Approved?

Applicants will know during the interview itself if the application is approved or denied. The consul officer who will conduct the interview will notify you of your visa status by the end of the interview. If denied, a reason for the denial is provided.

How Long Is the Validity of My U.S. Visa?

Part of the admission process is that the consul officer decides right after the interview, on the spot, whether to grant the U.S. visa. However, in most cases, the consul officer won't specify the period of validity and whether the visa is single-entry or multiple-entry. 

You, the applicant, will know of the period validity and the travel permit once you receive back your passport with the approved visa.

How to check the status of receiving the U.S. visa? In the case that your U.S. visa application is approved, you will be notified of the specific time when you can pick up your passport at the U.S. Embassy. There is also an option to check the status online via the U.S. Department of State's Consular Electronic Application Center's Visa Status Check.

To claim the passport, bring the blue ticket stub that was given after the interview.

What Are the Common Reasons for U.S. Visa Denials?

The common reasons for U.S. visa denials are incomplete or inaccurate forms, insufficient financial proof that you can sustain the trip, and lack of ties to the home country. It is also important to answer the consul officer's answers honestly, as they are meticulous and will cross-examine your answers.

Source: spot.ph

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