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Innovative Legal Counsel

 

Leading Provider of Counsel for Technology, Science and Growth in Enterprises Specializing Intellectual Property, Trademark and Patent Law, Employment Placement
 

Forming a Company in the USA
We can form your company in any U.S. state

There are multiple important reasons, when operating a business in the U.S., to operate the business under a limited liability company, corporation, or other form of legal entity that has a separate legal existence from the owner of the business. The primary reason for operating the business under a limited liability company or corporation is that it protects the business owner's personal assets from liabilities that arise from operation of the business. The business owner can also save on taxes by operating under a limited liability company or a corporation rather than as a sole proprietor or a general partnership. Limited liability companies and limited partnerships can also be valuable tools in estate planning for simplifying the transfer of assets to heirs and for reducing or avoiding inheritance taxes.

Asset protection is particularly important in the U.S., which is one of the most litigious societies in the world, since litigation attorneys offer contingent fee arrangements whereby the client does not have to pay any legal fees if the client does not succeed in winning a judgement or settlement. The contingent fee system incentivizes frivolous lawsuits as a means to obtain "easy money". As a result, business owners need to take many steps to protect their business from lawsuits, and to protect their hard-earned personal assets from liabilities arising from lawsuits, or even from a threatened lawsuit leading to a settlement, against the business.

We can assist clients to form legal entities such as limited liability companies, corporations, limited partnerships, among others, in any of the 50 U.S. states. Included in our entity formation services is the application for a Federal Employer Identification Number, which is required in order to open a bank account for the entity, in the U.S.

We are providing below FAQ's with important information that someone looking to start up a business in the U.S. should consider.

Questions and Answers about Business Formation in the U.S.A.

· What are the benefits of incorporation?

· In which state should I incorporate?

· What services are provided by the registered agent?

· Are there annual filings if I incorporate?

· How many directors and officers are required to form a corporation?

· Who owns a corporation?

· What are the requirements for foreign ownership of a U.S. company?

· What is a C corporation?

· What is an S corporation?

· How does an S corporation differ from a limited liability company?

· How does an S corporation differ from a C corporation?

· How does an S corporation differ from a sole proprietorship?

· Do all states recognize S corporation status?

 

2) EB5 Immigrant Investor Program
Permanent Residence through a $500,000 Investment

Under the EB-5 Visa Program, a $500,000 investment in a "Regional Center" enables foreign investors to qualify for the Green Card without the constraints of having to set up and manage a U.S. business. This immigration option allows investors to live in any U.S. state, engage in a business, employment, or any activity of the investor's choice, or just retire.

The law firm of Deacon Law has successfully processed numerous EB-5 investor visa petitions on behalf of investors who qualified for the Green Card through a $500,000 investment in a "Regional Center" Project.

What Is a "Regional Center"?

A so-called “Regional Center” is a legal entity, organization, or a municipal or state agency that has been designated as such by USCIS (U.S. Citizenship and Immigration Services), which enables foreign nationals to qualify for permanent residence based on their investment in the center.

Regional Centers focus on specific geographic areas within the United States where they seek to promote economic growth through increased export sales, improved regional productivity, creation of new jobs, and increased domestic capital investment.

Regional Center's Operation & Obligations

A Regional Center sets up limited partnerships, each with its own business activity, and manages the business of the limited partnerships as the general partner. Foreign investors who wish to obtain permanent residence in the United States may become limited partners through a $500,000 investment in a project.

The Center must show that the new commercial enterprise has followed through with certain business activities that have brought about the creation of 10 or more jobs per investor. The new commercial enterprise does not have to hire workers, but rather must show, based on calculations by an economist, how the business activities indirectly brought about the creation of the 10+ jobs per investor in the local economy.

Investor's Obligations

The investor applying for the EB-5 visa must prove that he/she has invested funds that were obtained through legitimate means such as employment, business ownership, investment, inheritance, or a gift. USCIS typically expects the investor to provide the last 5 years of tax returns from the investor's home country or country of current residence, and to document clearly how the investment funds were obtained.

Sample Projects & Activities of Various Regional Centers

The Regional Centers throughout the U.S. focus on different economic growth activities. Different programs have different green card approval track records, depending on the project activities, the job creation methodology, and on the length of operation of the respective Regional Centers.

The following are some examples of past Regional Centers business activities:

Providing of loans to developers of commercial and residential real estate for development of hotels, office buildings, warehouses, residential housing subdivisions; 
Providing of loans to large entertainment companies for production of films and television programs;
Providing of loans to property developers for construction and rental of medical facilities for a university medical school;
Development and production of industrial equipment;
Development and operation of fuel-grade ethanol production facilities;
Development of assisted living facilities; and
Many other types of commercial activities.
Processing the I-526 Petition

When Deacon Laws and Co. receives confirmation that the investor client has made the $500,000 investment in the chosen Regional Center Project, the Immigrant Petition by Alien Entrepreneur, referred to as I-526 petition, is prepared and submitted to USCIS (U.S. Citizenship and Immigration Services). The Regional Center is responsible for providing all relevant information pertaining to the Investment Project to the investor's attorney, and it is crucial for obtaining approval of the initial I-526 petition that the investment funds were legally earned.

It currently takes approximately more than 12-18 months for the I-526 petition to be adjudicated. The processing time can vary from one Regional Center to another, if USCIS has doubts and/or additional questions about a given Regional Center or project.

Applying for a 2-Year Conditional Green Card

When the I-526 petition is approved, investors have the option of adjusting their status to permanent residence in the U.S., if they are already living in the U.S. in non-immigrant visa status. If they live outside of the U.S., they must complete the immigrant visa process through the U.S. consulate. Adjustment of status in the U.S. generally takes approximately 4-6 months, while immigrant visa processing through the consulate takes about 6+ months. Once either of these two processes is completed, the investor will have obtained a two-year conditional permanent residence.

Applying for the Permanent Green Card

During the final 90 days of the two-year conditional residence period, the investor must file the Petition by Entrepreneur to Remove Conditions, referred to as I-829 petition, to remove the condition from his/her permanent residence. As part of that process, we must show that the investor has maintained the investment, and we must present proof to USCIS from the Regional Center that it has brought about the creation of at least 10 jobs per immigrant investor, as presented in the I-526 petition. The number of jobs created is calculated with the help of an economist's model, and consists of a combination of direct, indirect, and induced jobs. This process currently takes 18+ months.

Due Diligence

The investor should conduct his/her own due diligence by retaining a certified public accountant to examine all financial aspects of the program, and a business attorney to examine all legal aspects of the program. Prior to investing in any regional center program, the investor should understand in great detail how the given business works, whether he/she is comfortable with investing in that program, and what the investor's rights and obligations would be as a limited partner in the project.

The Job Creation Requirement

The job creation methodology is the single most important aspect to consider when examining regional center programs. In order for the investor to qualify for removal of the conditions from his or her conditional permanent residence, USCIS must be convinced, based on calculations presented by an economist, using a reasonable methodology, that enough jobs have been created, namely 10 jobs per investor in the program. Different regional center programs use different methodologies for calculating the number of jobs created, which means that the job calculation can be based on the creation of directly or indirectly created jobs, or induced jobs. The investor must ensure that he/she understands the job creation methodology in the chosen Regional Center.

At-Risk Investment

USCIS policy requires that the investment be in place until the condition is removed from the investor's conditional permanent residence. Additionally, it is a legal requirement that the funds be placed at risk of partial or complete loss in a commercial sense, as any real business investment would be.

The Regional Centers are not permitted to guarantee the return of the investment funds. However, it goes without saying that the Program's success depends entirely on the safety of the investment. It is very important for the investor to understand the investment "exit strategy" of the chosen EB-5 Regional Center.

Choosing a Regional Center Project

When it comes to choosing a particular Regional Center in which to invest, the investor should make an informed decision based on the results and reputation of the Regional Center and on personal priorities. Some investors focus mainly on the return on the investment, others are more interested in the investment exit strategy, and most want to be sure that the investment is financially well secured by the Regional Center Partnership. The track record of the various Regional Centers will enable the investor to make a choice that suits his/her needs and expectations.

Please feel free to request a report prepared by our Attorneys in which he explains the requirements and process for immigration under the EB-5 program. Call us at +1 (415) 237 2477.

We kindly invite you to contact Deacon Laws and Co. for a consultation.

3) Work Visas for the USA
Immigration Attorney in Sarasota & Fort Myers Serving a Global Clientele

For more than 15 years, Deacon Laws and Co.in USA has helped individuals seize opportunity in the United States by guiding them to obtain work visas. Whether you are an exceptional athlete, specialty worker, or looking to transfer your work to the United States, we can serve you. Our immigration attorney takes the time to review your situation, explain the circumstances to you, and prepare the necessary forms and documents to get you started on your path to America.

Call our firm at +1 (415) 761-3511​ to schedule an initial consultation today.

The types of work visa cases that we handle include:

L-1 Intra-Company Transfer Visa
H-1B Specialist Worker Visa
H-1B1 Specialist Worker Visa for Singaporeans and Chileans
E-3 Specialist Worker Visa for Australians
TN Visa for specialty workers under NAFTA
O-1 Extraordinary Ability Visa
P-1 Athlete and Entertainer Visa
J-1 Exchange Visa
L-1 Intra-Company Transfer Visa

To qualify for the L-1 visa, the following requirements must be met:

The transferring foreign business must be a parent, subsidiary, or affiliate of the U.S. business. This is achieved through joint-ownership: one business owns the other, the same individual has a controlling interest in both businesses, or the same individuals jointly own a controlling interest in both businesses;
The L-1 manager must supervise multiple levels of workers in the U.S. company or manage a specific function within the company.
An L-1 specialist must have specialized, proprietary knowledge or skills which he will be teaching to workers at the U.S. company.
The L-1 manager or specialist must have worked at least one complete, continuous year anytime during the previous three years for the foreign business that is transferring him to the U.S.A.
The L-1 manager must supervise several employees at multiple levels within the U.S. business in order to qualify for visa renewals.
Law Firm Recommendation: 
 If the U.S. Company has been active less than one year, the applicant will receive the L-1 visa for only one year. Since an L-1 manager must supervise several people at different levels of responsibility at visa renewal time, Deacon Laws and Co.strongly recommends that the U.S. business be established and ready to operate (or be already operating with the help of U.S. personnel) at the time of the initial visa issuance. 
 Note: There is a specific green card category available for L-1 managers, called the EB-1multinational manager green card. An L-1 managerwho is highlyqualified for the L-1 visa also has a good chance of qualifying for the Multinational Manager Green Card.

The spouse of an L-1 manager or L-1 specialist can obtain a work authorization to work for any employer in any type of job.

H-1B Specialist Worker Visa

The H-1B visa is a very popular visa sponsored by U.S. companies that wish to hire foreign specialist workers. Presently, however, this visa category is capped by Congress at 65,000 per fiscal year, essentially to protect U.S. workers and wage stability.

The primary requirements for the H-1B visa are the following:

A U.S. employer must offer the foreign specialist a job in a specialty occupation.
In order for the job to qualify as being in a specialty occupation, it must require no less than a bachelor degree, and it must be common practice within the industry that this type of position requires no less than a bachelor degree.
The foreign specialist must have a bachelor or higher degree in the same or similar field as the job being offered, or the foreign specialist can have the equivalent amount of practical work experience, or a combination of education and work experience, in the same or similar field. In evaluating the equivalence of practical experience, 3 years of practical experience are considered the equivalence of 1 year of university studies.
The U.S. employer is required to pay the H-1B visa holder the so-called "prevailing wage," which is the average wage paid to workers performing the same job in the same region of the U.S.
The H-1B visa is usually granted for a period of 3 years, and can be renewed for another 3 years, but 6 years is the maximum number of years allowed under the H-1B visa without a 1-year stay in the foreign worker's home country.

Other H-1B visa-related information:

Out of the 65,000 quota, there are 5,400 H-1B visas set aside for citizens of Singapore and 1,400 H-1B1 visas for citizens of Chile.
H-1B visas are also exempt from the quota if the U.S. employer is a college or university (government or private, non-profit), related or affiliated non-profit entity, non-profit research organization, or governmental research organization.
H-1B visa extensions beyond 6 years are possible when a labor certification for permanent residence is pending for more than 1 year (eligible for 1-year extension), or when a labor certification and an I-140 petition for permanent residence have been approved (eligible for 3-year extension).
Note: The H-1B worker can petition for permanent resident status without any concerns that he may encounter problems in trying to renew his visa based on having shown immigrant intent through filing for permanent residence.

H-1B1 Specialist Worker Visa for Singaporeans and Chileans

The H-1B1 has the same requirements as the H-1B visa, as it pertains to the job requirements and the worker's qualifications (see the explanation of the H-1B visa above). However, there are a few important ways in which the H-1B1 visa differs from the H-1B visa:

This H-1B1 visa is granted for a period of 1 year, renewable each year without the usual 6-year maximum and the requirement of the 1-year stay in the home country in order to restore eligibility.
Separate annual quota of 1,400 H-1B1 visas for Chileans
Annual quota of 5,400 H-1B1 visas for Singaporeans
The employee must show no intention to abandon residence abroad and pursue permanent residence in the U.S.
When the employee is abroad, no USCIS petition is necessary, visa application can be filed directly at the consulate in home country.
For a job requiring licensure, it is not required to have the U.S. license prior to applying.
Agricultural Managers, Physical Therapists, Management Consultants, and Disaster Relief Claims Adjusters are not eligible for the the Chilean H-1B1 visa.
Important advantages of the H-1B1 visa for Singaporeans and Chileans:

The H-1B1 quotas for Singaporeans and Chileans are seldom exhausted, whereas the quota for the regular H-1B visa is often exhausted very quickly.
The H-1B1 visa has a streamlined application process, which in many cases, does not require a petition to be filed with USCIS.
E-3 Specialist Worker Visa for Australians

A U.S. employer must offer the foreign worker a job which requires a specialist worker who holds a 4-year university degree in the field. The U.S. employer offering the job must also offer what is called "the prevailing wage". The prevailing wage is the average wage which workers in the same type of position are earning in the region where the U.S. employer is located.

The foreign worker must have sufficient qualifications to fill the position. The worker must have a 4-year university degree in the same field. While there is the possibility of substituting practical experience for university studies for other specialty occupations, the healthcare professions are such that there is no substitute for having the degree for the specific field.

The E-3 visa is usually granted for a period of 2 years, and can be renewed for another 2 years, with no limit on the number of extensions. A foreign worker can go about applying for the E-3 visa in one of two ways. If the person is present in the U.S. in most types of valid non-immigrant status, the person can apply to change to E-3 status from within the U.S. by applying to U.S. Citizenship and Immigration Services (USCIS). If the person is located outside of the U.S., or is visiting the U.S. under the Visa Waiver Program, then the person must apply at the U.S. consulate in Australia, which has jurisdiction over his state or territory of residence. The E-3 visa is subject to an annual quota of 10,500. This quota is replenished on October 1st of every year. It is unlikely that this quota will be exhausted in any given year.

The spouse of an E-3 visa holder can obtain a general work authorization, which enables the spouse to work for any type of employer in any type of position.

TN Visa for Specialist Workers under NAFTA

The TN visa is a work visa available to certain specialist workers from Canada and Mexico, based on the North America Free Trade Agreement (NAFTA). The NAFTA treaty lists specific specialist job types, which qualify for the TN visa.

The TN visa does not have many of the burdensome requirements like the H-1B visa. While the TN visa covers many of the same types of specialty occupations as the H-1B visa, it actually has lower educational requirements than the H-1B visa, and, therefore, is available to some people who would not qualify for the H-1B visa, namely registered nurses with 2-year degrees. TN visas are not subject to any annual quota, like the quotas that limit the number of H-1B visas that may be issued each year, and they are not subject to the same prevailing wage requirements like the H-1B visa.

Canadian workers can obtain the TN visa at any U.S. Class A port of entry, U.S. international airport, or at a preclearance/preflight station in Canada, without going to a U.S. consulate to apply. Mexican workers must obtain the visa by applying at a U.S. consulate prior to entry into the U.S.

The TN visa is issued for three years at a time, and can be extended every three years without limitation on the number of extensions.

O-1 Visa for Extraordinary Ability

The O-1 visa is a work visa available to foreign nationals with extraordinary ability in the sciences, arts, education, business, or athletics, who wish to come to the U.S. to work in their field of expertise. A U.S. business offering the foreign national a job, or a business agent representing the foreign national must apply on behalf of the foreign national for an O-1 visa.

To qualify for an O-1 visa in the sciences, education, business, or athletics, it is necessary to show that the foreign national is among the small percentage of people who have risen to the very top of a given field, either at the national or international level. The person must present proof either of receipt of a major, internationally recognized award or at least three of the following forms of documentation:

An alien must present proof either of a receipt of a major, internationally recognized award such as the Nobel Prize or at least three of the following forms of documentation:

receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
membership in associations in the field that require outstanding achievements of their members;
published materials in professional or major trade publications or major media about the alien concerning the alien's work in the field;
participation on a panel, or individually, as a judge of the work of others in the field;
scientific, scholarly, or business-related contributions of major significance in the field;
authorship of scholarly articles in the field in professional journals or other major media;
employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation;
high salary or other remuneration commanded by the alien for services; or
other comparable evidence (this typically includes recommendation letters from experts in the field).
From experience we can conclude that the greater the competition in the applicant's field the tougher the criteria to qualify him/her for the O-1 visa. In other words, it is more difficult to qualify a renowned computer analyst for an O-1 visa than, for example, an extraordinary beekeeper or a renowned children's story writer.

Note: The qualifying criteria for an O-1 visa in the arts are a bit less stringent. For artists it is necessary to show that the alien's work has achieved "distinction." Distinction is defined as having achieved a high level of skill and recognition in the field, and being recognized as prominent, leading, or well-known in the field of arts.

P-1 Visa for Athletes and Entertainers

The P-1 visa is for athletes who compete individually or as part of a team at an internationally recognized level, and entertainers who perform as part of a group that has received international recognition as outstanding for a sustained period of time.

P-1 visa for professional athletes

In order for a professional athlete to qualify for the P-1 visa, he or she must prove the following:

the athlete or team is internationally recognized;
athletic competition has a distinguished reputation; and
competition requires participation of an athlete or team with international reputation.
The P-1 visa petition must include:

1. tendered contract with major U.S. sports league or team or one commensurate with international recognition; and

2. any 2 of the following:

Significant participation in a prior season in majors;
International competition with national team;
Significant participation in a prior season for U.S. college or university or intercollegiate competition;
Written statement from U.S. official in sport about person or team's international recognition;
Written statement from expert or sports media as to international recognition;
Team or individual ranking;
Significant honor or award in sport; or
3. Perform as a professional athlete employed by either a professional sports team in association with 6 or more teams that have combined revenues in excess of $10,000,000 or a minor league team affiliated with such association.

P-1 visa for Minor League and Amateur Athletes

The athlete must demonstrate the following:

that the coach or athletes are part of an international league or association of 14 or more amateur sports teams;
that the foreign league is operating at the highest level of amateur performance in the foreign country;
that participation in the foreign league renders the players ineligible for scholarship or amateur athletics under the NCAA; and
that a significant number of players who play in the foreign leagues are drafted by major league or minor league affiliates
P-1 visa for Entertainment Groups

In order for entertainment groups to qualify for the P-1 visa, they need to prove that:

the group is internationally recognized for sustained and substantial period of time;
75% of members of the group have had sustained and substantial relationship with group for one year.
Petition must include:

1. Evidence that the group has been performing for at least one year;

2. List of members and dates employed;

3. Evidence group has been internationally recognized for sustained and substantial period of time. This may be established by evidence that the group has been nominated or has received significant international awards or any 3 of the following documentation regarding international recognition:

Star or lead in performance with distinguished reputation;
Reviews in major publication;
Star or lead in performances for organization with distinguished reputation;
Major commercial or critically acclaimed successes;
Testimonials regarding group's significant recognition; or
Group will command or has commanded high salary.
Note:

The athlete or entertainment group cannot self-petition for the P-1 visa, but rather must have an employer or an agent who serves as the petitioner for the P-1 visa.
Visas are also available for dependents and qualifying support personnel for the athlete or entertainment group.
P-2 visas are available for artists and entertainers participating in reciprocal cultural exchange programs.
P-3 visas are avilable for artists presenting a culturally unique program.
J-1 Visa for International Exchange

The J-1 visa is issued to foreign applicants who wish to come to the U.S. to participate in programs which include a combination of education, work training, and cultural exchange. There are over a thousand qualifying programs in a broad range of fields, accepting participants with many different levels of education and work experience. 

Before a person can apply for a J-1 visa, he/she must apply to and be accepted into a sponsoring program accredited by the U.S. State Department. The following is a list of the 13 categories in which qualifying programs exist, and the list also states the maximum validity period for a J-1 visa in each category.

University professors and research scholars (3 years)
Short-term scholars (6 months)
Trainees (specialist and non-specialist) and Interns (18 months and 12 months, respectively)
College and university students, for the duration of the academic degree program or, if not for a degree program, then for a maximum of two years. (Students in degree programs below the doctoral level may also engage in 18 months of training after completion of the degree program, while post-doctoral training is permissible for a period of 36 months following conferral of the degree.)
Primary and secondary school teachers (3 years)
Secondary school students (1 year)
Specialists in mass media communications, environmental science youth leadership, international educational exchange, museum exhibitions, labor law, public administration, and library science (1 year)
Foreign physicians (7 years)
International visitors (1 year)
Government visitors (18 months)
Camp counselors (4 months)
Au-pairs (1 year)
Summer Student Travel/Work (4 months)
Probably the single largest J-1 program category is for "trainees." 

This category for trainees includes 11 sub-categories:

Arts and Culture
Information Media and Communications
Education, Social Sciences, Library Science, Counseling and Social Services
Health Related Occupations
Management, Business, Commerce and Finance
Aviation
The Sciences, Engineering, Architecture, Mathematics, and Industrial Occupations
Construction and Building Trades
Agriculture, Forestry and Fishing
Public Administration and Law
Hospitality and Tourism
Note: Each program is designated as to whether the training is for specialized fields, for individuals with a university degree in the field, or for non-specialized areas, for which it is necessary only to have work experience in the area.

In some J-1 categories, such as for college and university students, the student first completes a degree program, and then receives a work authorization to pursue work experience in the same field.

Spouses and dependent children under 21 of a J-1 visa holder qualify for a J-2 visa. J-2 dependents can obtain a work authorization. During their period of stay, J-2 dependents are also free to attend public schools and post-secondary educational institutions.

Some J-1 visa holders are subject to a two-year home stay requirement. This means that, at the end of the J-1 period of stay in the U.S., the J-1 visa holder must return to his or her home country for two years, since it is not possible to change to any other visa or to permanent residence in the U.S. until the two-year home stay requirement is satisfied. A J-1 visa holder is subject to the two-year home stay requirement in any of the following situations:

the J-1 visa holder's program was funded by the U.S. government or the person's home government;
in the J-1 visa holder's homeland, there is a shortage of workers in the J-1 visa holder's field of expertise, as determined by the U.S. State Department; or
the J-1 visa holder came to the U.S. to seek post-graduate medical education or training.
J-1 visa holders subject to the two-year home stay requirement can obtain waivers; however, the person must show that they face extreme hardship in being forced to return to their homeland. In the case of J-1 physicians, they can also obtain a waiver of the two-year home stay requirement through participation in J-1 waiver program whereby they practice medicine for 3-4 years in a medically underserved area in the U.S.

4)Employment Green Cards
Among the employment-based green card category options, some allow for self-petitioning, others require a U.S. employer who sponsors a qualified applicant either directly or after the applicant's "Labor Certification" has been approved.

Below please find information about the following:

Multinational Manager Green Card EB-1C
Extraordinary Ability Green Card EB-1A
Outstanding Professor/Researcher EB-1B
Exceptional Ability Green Card EB-2
Professionals with an Advanced Degree EB-2
Professionals and Skilled Workers EB-3
Labor Certification
National Interest Waiver
Schedule A, Group II of EB-2
Multinational Manager Green Card EB-1C

If you own a business in your home country, you can establish a U.S. affiliate company, and after it has been in operation for at least one year, you can apply for a green card in the EB-1 Multinational Executive and Manager green card category (Employment-based, first category). Likewise, if you are an executive or managerial employee of a multinational company, and are being transferred to an affiliate located in the U.S., you can apply for a green card in this EB-1 category.

In order to qualify, the following requirements must be met:

The transferring foreign business must be a parent, subsidiary, or affiliate of the U.S. business. This is achieved through joint-ownership: one business owns the other, the same individual has a controlling interest in both businesses, or the same individuals jointly own a controlling interest in both businesses;
The multinational manager must supervise multiple levels of workers in the U.S. company or manage a specific function within the company.
The multinational manager must have worked for the foreign business at least one complete, continuous year anytime during the three years prior to the multinational manager's to the U.S. business; and
The multinational manager must supervise employees (preferably 10+) at multiple levels within the U.S. business.
The greatest advantage of qualifying for the green card in an EB-1 category is that it is not necessary to obtain a labor certification. A labor certification is the process in which the intending green card applicant must prove that he is not displacing a U.S. worker.

Extraordinary Ability Green Card EB-1A

People with extraordinary ability in the sciences, arts, education, business, or athletics, can qualify for a green card in order to come to the U.S. to work in their field of expertise. 

In this green card category, no job offer is necessary. Nor is it necessary in this category to obtain a labor certification in order to prove that the person is not displacing a U.S. worker. 

To qualify in the EB-1 green card category for aliens with extraordinary ability in the sciences, education, business, or athletics, it is necessary to show that the alien is among the small percentage who has risen to the very top of the field, either at the national or international level.

An alien must present proof either of a receipt of a major, internationally recognized award such as the Nobel Prize or at least three of the following forms of documentation:

receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
membership in associations in the field that require outstanding achievements of their members;
published materials in professional or major trade publications or major media about the alien concerning the alien's work in the field;
participation on a panel, or individually, as a judge of the work of others in the field;
scientific, scholarly, or business-related contributions of major significance in the field;
authorship of scholarly articles in the field in professional journals or other major media;
employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation;
high salary or other remuneration commanded by the alien for services; or
other comparable evidence (this typically includes recommendation letters from experts in the field).
The greatest advantage of qualifying for the green card in an EB-1 category is that labor certification is not required. A labor certification is the process in which the intending green card applicant must prove that he is not displacing a U.S. worker.

Outstanding Professor/Researcher EB-1B

There is a special green card category available to outstanding professors and researchers who have at least three years of experience in teaching or research in their field, and who have received international recognition for their work.

For the applicant to qualify as internationally recognized as outstanding in his academic field, he/she must show at least two of the following:

The person is recognized internationally as outstanding in a specific academic field;
The person has at least three years of experience in teaching or research in the academic field; and
The person is offered a tenured or tenure-track teaching or research position at a university, or a comparable research position with a private employer, if the employer has at least three full-time researchers and documented accomplishments in the research field.
A person can qualify as an outstanding professor or researcher if:

Documentation of the person’s receipt of major prizes or awards for outstanding achievement in the academic field;
Documentation of the alien’s membership in associations in the academic field, which require outstanding achievements of their members;
Published material, in any language, provided it is translated into English, in professional publications written by others about the alien’s work in the academic field. This documentation must include the title, date, and author of the material;
Evidence of the alien’s participation, either individually or on a panel, as the judge of the work of others in the same, or an allied, academic field;
Evidence of the alien’s original scientific or scholarly research contributions to the academic field; or
Evidence of the alien’s authorship of scholarly books or articles, in scholarly journals with international circulation, in the academic field.
The greatest advantage of qualifying for the green card in an EB-1 category is that labor certification is not required. A labor certification is the process in which the intending green card applicant must prove that he/she is not displacing a U.S. worker.

Exceptional Ability Green Card EB-2

People who cannot satisfy the requirements of the EB-1 extraordinary alien green card category, but who have exceptional ability in the sciences, arts, or business, can qualify in the EB-2 green card category for aliens of exceptional ability in the sciences, arts, or business. People in this category must, however, obtain a labor certification. An immigrant in this category must also have a "sponsor," a U.S. business, non-profit organization, or educational institution, which petitions for the immigrant.

Once the person obtains the labor certification, the sponsor must file a petition to qualify the immigrant in the EB-2 green card category for aliens of exceptional ability in the sciences, arts, or business. 

To qualify, the alien must present at least three of the following forms of evidence:

Degree relating to area of exceptional ability;
Letter from current or former employer showing at least 10 years of experience;
License to practice profession;
Person has commanded a salary or remuneration demonstrating exceptional ability;
Membership in a professional association; and
Recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations; or
Comparable evidence may be submitted if above categories are inapplicable. This evidence may include expert opinions.
Additional requirements are:

(a) Evidence that the job requires an alien with exceptional ability. 
(b) An approved labor certification.

Exemption from the labor certification requirement can be obtained by aliens with exceptional ability in the sciences or arts (not business or the performing arts) who satisfy a series of established requirements. The labor certification process also can be avoided in this category through qualification for a so-called "National Interest Waiver." Please see specific requirements below. 

Scientists and artists can obtain exemption from the labor certification if they qualify in the so-called Schedule A, Group II subsection of the EB-2 category. Please see specific requirements below.

Additional advantages of qualifying for the green card in the EB-2 category:

In the EB-2 category there are fewer backlogs for obtaining a green card than in the EB-3 category, which has the same number of green cards available, i.e., 40,000, but far more immigrants vying for those green cards.

Professionals with an Advanced Degree EB-2

People who cannot satisfy the requirements of the EB-1 extraordinary alien green card category, but who are professionals with advanced degrees, can qualify in the EB-2 professionals with advanced degrees green card category. People in this category must, however, obtain a labor certification. An immigrant in this category must also have a U.S. business, non-profit organization, or educational institution, which petitions for the immigrant. 

Once the person obtains the labor certification, the sponsor must file a petition to qualify the immigrant in the EB-2 professional with advanced degree green card category, and must prove that the job requires no less than a professional with an advanced degree.

To qualify, the alien must present the following evidence:

Proof of having an advanced degree such as a master's degree or a doctoral degree, or
Proof of a bachelor's degree and 5 years of progressive post-degree experience, and
The advanced degree or the bachelor's degree and 5 years of post-degree experience must be relevant to the job being offered by the sponsor.
Additional advantages of qualifying for the green card in the EB-2 category:

The greatest advantage of qualifying for the green card in the EB-2 category is that there are fewer backlogs for obtaining a green card in this category than in the EB-3 category which has the same number of green cards available, i.e., 40,000, but far more immigrants vying for those green cards.

Note: In the labor certification process for jobs in this category, it is less likely that qualified U.S. workers will apply for the job, since there are, in the population at large, fewer people with advanced degrees than with a bachelor's degree or less.

Professionals and Skilled Workers EB-3

Professionals and skilled workers can qualify in the EB-3 green card category for professionals and skilled workers. People in this category must, however, obtain a Labor Certification.

An immigrant in this category must also have a so-called "sponsor," a U.S. business, non-profit organization, or educational institution, which petitions for the immigrant. Once the person obtains the labor certification, the sponsor must file a petition to qualify the immigrant in the EB-3 green card category for professionals and skilled workers.

The sponsor must prove that it has adequate income or assets to pay the immigrant the so-called prevailing wage, which is the average wage paid to workers in the same or a similar field in the region where the sponsor is located.

The immigrant must prove that he/she is sufficiently qualified for the position. To qualify as a "professional," the person must hold a baccalaureate degree in the same or similar field, or for a skilled-worker position, the person must have at least 2 years of practical experience in the same or similar field, or more years of experience, depending on the skill level required by the position.

This green card category is a realistic option only for workers who are already in the U.S. with a long-term renewable work visa, because the waiting times to obtain the green card in this category are very long due to the great number of immigrant workers and their family members waiting out the quota backlog.

Labor Certification

To qualify for the green card in the EB-2 or EB-3 green card categories, the immigrant worker must obtain approval of a labor certification for the job he/she is being offered by a U.S. employer. 

Labor certification is the process by which the intending immigrant attempts to show that he will not displace a U.S. worker by accepting the job which is being offered by a sponsoring U.S. business, non-profit organization, or educational institution. The job opening must be advertised locally, and the employer must show that there is no U.S. worker in the local community sufficiently qualified or available to accept the job. 

In this process, it must be shown that the immigrant’s acceptance of the job would not serve to lower local wages. The sponsor must offer the job at what is called the "prevailing wage," which is the average wage paid to workers in the same or similar jobs in the sponsor’s local region, based on the statistics of the Department of Labor. 

Under some conditions, certain occupations or certain individuals, based on their specialized skills or experience, are exempt from the labor certification requirement.

Two occupations which can qualify in the EB-2 category without labor certification are: Scientists and artists can obtain exemption from the labor certification if they qualify in the so-called Schedule A, Group II category.

National Interest Waiver

USCIS can make an exception (or "waiver") from the requirement that applicants in the EB-2 category must obtain approval of a labor certification. USCIS grants such an exception if the applicant can prove that it is strongly in the national interest of the U.S. for the applicant to work in his or her field of expertise in the U.S. In order to qualify for the national interest waiver the applicant must satisfy the following three-part test:

Part One - The field in which the alien will work has "substantial intrinsic merit." Such fields include the following:

improving the U.S. economy;
improving wages and working conditions of U.S. workers;
improving education and training programs for U.S. children and under-qualified workers;
improving health care;
providing more affordable housing for young and/or older, poorer U.S. residents;
improving the environment of the U.S. and making more productive use of natural resources;
a request from an interested U.S. government agency or improving international cultural understanding
Part Two - The benefit of the alien’s proposed activity "will be national in scope."

Part Three - The alien will serve the national interest to a substantially greater degree than would an available U.S. worker having the same minimum qualifications.

Schedule A, Group II of the EB-2 Category

Exemption from the labor certification requirement can be obtained by aliens with exceptional ability in the sciences or the arts (not business or sports) who satisfy the requirements stated in the Schedule A, Group II.

In order to qualify in Schedule A, Group II, the alien must show:

the alien has received widespread acclaim and international recognition by recognized experts in his field;
the alien’s work in the field during the past year did, and the alien’s intended work in the U.S. will, require exceptional ability; and evidence from at least two of the following groups:
Display of work at artistic exhibitions in more than one country.
Authorship of published scientific or scholarly articles in journals with an international circulation; or
Original scientific or scholarly research contributions of major significance;
Participation on a panel, or individually, as a judge of the work of others in the same or an allied field;
Published material in professional publications about the alien (including title, date, and author);
Membership in international associations requiring outstanding achievement as judged by recognized international experts;
Internationally recognized prizes or awards for excellence;
If you would like assistance in applying for an employment green card, call us at +1 (941) 362-7100. You can also contact our firm online to schedule a case consultation.

5) Fiancé Visa / Fiancée Visa K-1
When a U.S. citizen intends to marry a foreign person, but wishes to bring the fiancé/fiancée to the U.S. before marrying, he/she can petition for a K-1 Fiancé(e) Visa, which allows the foreign fiancé(e) to come to the U.S. to marry the U.S. citizen. If your situation falls under such circumstances, a skilled immigration attorney from the immigration law firm Deacon Laws and Co. can help you successfully to navigate the application process. Furthermore, we work hard to form a personal relationship with our clients as we work closely with them through each step of the process.

Visa Eligibility: Do I Qualify?

In order for the foreign fiancé(e) to qualify for the K-1 visa,

The parties must have met personally within the previous two years;
Both parties must be free to marry and intend to marry within 90 days of the foreign applicant's entry to the U.S.;
The sponsoring U.S. fiancé(e) must be able to meet the minimum income requirement (or another qualifying U.S. citizen will need to sign the affidavit of support).
The foreign fiancé(e) may bring along children under 21 from a previous marriage or relationship under a K-2 visa.

Learn more about how we can serve you by calling our firm at (415) 237 2477.

The Filing Process: What to Expect

The U.S. citizen petitioner files a petition for the foreign fiancé(e) with U.S. Citizenship and Immigration Services (USCIS). Once this petition is approved, the U.S. consulate in the country of residence of the foreign fiancé(e) is notified, and the foreign fiancé(e) submits a visa application to obtain the K-1 visa.

The Consulate will request a medical exam from the applicant and schedule an interview with a consular officer for the applicant. If the interview goes well, the consulate will issue the K-1 visa stamp in the applicant's passport.

Upon arrival in the U.S. (no later than 6 months after the visa is issued), the K-1 status in the U.S. is valid for 90 days, during which time the U.S. citizen and the foreign fiancé(e) are expected to marry. If they do not marry within that time frame, the foreign fiancé(e) must leave the U.S. K-1 status can neither be extended nor changed to a different immigration status.

Note: If a U.S. citizen and a foreign fiancé(e) intend to marry in the U.S., and the foreign spouse enters the U.S. with a B-2 tourist visa or under the Visa Waiver Program (without a visa), the foreign fiancé(e) can be accused of preconceived intent or visa fraud. This can have serious adverse effects on the subsequent green card case pursued by the foreign spouse. Therefore, it is important for a U.S. citizen and foreign fiancé(e) who intend to marry, to pursue either a K-1 Fiancé(e) Visa, a K-3 Spouse Visa, or an immigrant visa.

Questions? Call +1 (415) 237 2477 today to schedule a consultation.

If you have any questions about a K-1 or K-2 visa, please do not hesitate to contact Anthony Olson, P.A. for the quality legal immigration services that you deserve. Set up an appointment for an initial consultation today.

Contact Us Now

6)Reuniting Families in the USA
Dedicated Family Immigration Attorney Serving a Global Clientele

For more than 15 years, the law firm of We has helped families from all over the world to reunite with their loved ones in the United States. Because family immigration in the United States can be fairly complex, it is important to hire an experienced immigration attorney who has the knowledge and skill to reunite your family successfully in the U.S.

For further information, please do not hesitate to call us at (941) 877-6587​ today.

Family-Sponsored Immigration

U.S. citizens can petition for green cards for their families in a two-step process.

These steps includes:

Filing a petition to classify a family member as a qualifying relative; and
Filing for adjustment of status with U.S. Citizenship and Immigration Services, or for an immigrant visa from a consulate, either in the relative's country of citizenship or country of current legal residence.
Relative Categories

It is important to note that all relatives outside of the United States are subject to waiting periods. As a general rule, the more distant the relative, the longer the waiting period will be.

Relative categories are as follows:

Immediate relatives such as spouses, minor biological children, minor stepchildren, and parents.
First preference for adult unmarried children of U.S. citizens.
Second preference includes relatives of U.S. green card holders.
Sub-category 2A, such as the spouse and children of green card holders.
Sub-category 2B, including unmarried adult children of green card holders.
Third preference for adult married children of U.S. citizens.
Fourth preference for siblings of U.S. citizens.
Learn more about family immigration by hiring an experienced immigration attorney. Get started by contacting the law firm of Deacon Laws and Co online to set up a consultation.

7) U.S. Citizenship / Naturalization
Through this we have forged strong relationships with our clients by devoting our undivided attention to each client's individual needs. In addition to our membership in the American Immigration Lawyers Association, we speak multiple languages to help a variety of clients.

Naturalization is the process through which a green card holder obtains U.S. citizenship. There are certain core requirements that everyone must satisfy, but the length of time that an applicant must have had the green card before applying for naturalization differs.

Qualifying requirements for the applicant:

Being a legal permanent resident of the U.S. (LPR), i.e., being a green card holder.
Applicant must have had permanent resident status for at least 5 years. This is the case for most LPRs, but spouses of U.S. citizens may apply 3 years after obtaining the green card. Applicant cannot have been absent from the U.S. for more than 6 months at any point during the previous 5 years (or 3 years in the case of the spouse of a U.S. citizen) or before completion of the naturalization process.
Physical presence in the U.S. for at least one half of the time necessary to satisfy the requirements in section 2. This means 2.5 years present in the U.S. for applicants that qualify for citizenship after 5 years as a Green Card holder. It means 1.5 years for spouses of U.S. citizens.
Residence for at least 3 months in the state where the naturalization application is filed.
Ability to read, write, and speak ordinary English (which is tested during the naturalization interview).
Knowledge and understanding of the fundamentals of the history and government of the U.S. (also tested at the naturalization interview).
Good moral character, attachment to the principles of the U.S. Constitution, and proper disposition to the good order and happiness of the U.S. This means that the person should not have been arrested or convicted of any serious crimes, and should be willing to support the system of government in the U.S.
Be at least 18 years of age at the time of filing the naturalization application. It is possible for children under 18 years of age to naturalize, but they must do so based on an application filed by their parent(s).
Please Note:

A permanent resident is free to choose whether to pursue U.S. citizenship through naturalization. Since there is no requirement to apply for citizenship, an LPR does not automatically obtain citizenship. However, when a person applies for naturalization, USCIS (U.S. Citizenship and Immigration Service) checks the applicant's criminal record, and whether he/she was properly approved for permanent resident status. As a result, it is even possible to lose permanent resident status in the process, if the applicant did not properly qualify for the Green Card or has a serious criminal conviction. So, while the naturalization process is not very difficult, it is certainly not a mere formality.

If you are planning to apply for U.S. citizenship, the first step is to call us. We'll help you explore your immigration options. Deacon Laws and Co. can skillfully guide you through the process. For more information on how our immigration law firm can serve you, contact our office to schedule an initial consultation today.8) 

 

 

 

 

 

 

 

Frequently Asked Questions


Answers from Our Sarasota Immigration Attorney

When you are thinking about immigrating to the United State, you and your family probably have many questions. Immigration can be a difficult and complicate process, and it is important that you have a legal advocate on your side to avoid additional stress.

 

What is naturalization?

Naturalization is the process in which a green card holder obtains U.S. citizenship. This process requires permanent resident status for at least five years, as well as the ability to read, write, and speak English fluently. You will be tested on your reading comprehension as well as your understanding of U.S. history. You must also be at least 18 years of age and have “good moral character” which means you should not have a conviction for a serious crime on your record.

Can I apply for a visa to work in the U.S.?

The short answer is yes. There are many different types of work visas, including visa given under NAFTA, visa for “extraordinary ability,” visas sponsored by a company because you are a specialist in your field, and longer term employment green cards that can jumpstart your path to citizenship.

Each of these visas comes with their own rules and time limits, and each has different qualifications for applicants. To discuss your immigration status, contact our  lawyers .

Can I bring my family to live in the United States?

If you are a U.S. citizen, you may be able to file a petition for an immediate family member or other relative to enter the country. The waiting period depends on how close the individual’s relationship is to you. For example, immediate relatives such as spouses and biological minor children, are not subject to waiting periods and quotas, if they have entered the country legally, but adult children, a first preference category, is only allotted a little over 23,000 green cards per year and are subject to a waiting period of about five years.

I’m an immigrant spouse that has been abused. Can I stay in the country?

The U.S. offers protection for abused spouses and their children. If you were legally married to a U.S. citizen and have suffered abuse or cruelty, you may be eligible to self-petition for immigration benefits. To be qualified, you must have entered the marriage in good faith and be of a good moral character.

Can I come to the U.S. to attend college or university?

Most students from abroad come to the U.S. to study under the F-1 student visa. In that case, it is necessary to pay the full tuition rate. Some U.S. states allow the sons and daughters of long-term visa holders to attend state universities and pay the resident tuition rate; however, the rules on this vary from state to state, particularly, which visa categories, if any, qualify for the resident tuition rate. It also varies from state to state whether they offer the resident tuition rate to residents of the state who have graduated from high school in the state, but do not have legal immigration status in the U.S.

We Can Answer All Your Immigration Questions

 

We are your one-stop-shop for the best immigration attorneys in the nation. Here you will find access to the top deportation lawyers in America and UK. If you need assistance with transitioning into the US, we are top deportation attorneys to turn to. Our employment visa lawyers have been practicing for decades and are experts at handling immigration cases. Each immigration lawyer on our team is trained in U.S. immigration law and can provide you with the legal assistance you need.

Here are some of the premium services you will receive when you work with an immigration attorney:

• Assistance with filing necessary paperwork

• Dealing with embassies and helping you with acquiring visas

• Assurance that all requirements for entering the U.S. are met

• Access to hotlines that specialize in assisting immigrants

If you need help emigrating to the U.S., you are undoubtedly going to need assistance from immigration lawyers. Leaving behind family, friends, a steady job, as well as the life you were accustomed to is difficult. If you try to relocate to America on your own, you can be faced with delays entering U.S. soil, failure to provide the necessary identification papers and even being denied residency. When you have an acclaimed attorney on your side, helping you through the entire immigration process, you won’t have to worry about the intricate details involved in an immigration process nor will you have to fret about forgetting important documents.

Whether you are immigration from a nearby country or are traveling great distances, we have the best immigration lawyers that will assist with all your needs. The immigration attorneys on our team are fully licensed and certified to ensure a timely and smooth transition into North America for you. Our immigration consultants are recognized as the best in the country. We have helped thousands of immigrants move safely and successfully and look forward to assisting you as well. Thank you for visiting our site.

Fighting For Your Rights

Whether you are a legal resident of the US or have yet to obtain a green card or employment visa, you still have certain unalienable civil rights that you should fight to protect. The country is in a state of change regarding immigration policies, with individual Providences having their own immigration laws. As states and the federal government struggle over what policies are constitutional and which violate individual rights, many innocent people are suffering on a daily basis.

 

Certain states have imposed laws that allow local law enforcement officers to check the legal status of those whom they suspect are in the country illegally. Unfortunately, these tactics are encouraging racial profiling and have led many innocent people to be singled out as if they were criminals. Anyone who has been the target of an anti-immigration reform policy has a right to seek help to ensure their law is upheld. If you or a loved one have been targeted because of your personal appearance, have been mistreated because you are not a United States-born citizen, or have experienced any other negative treatment, turn to immigration lawyers immediately for assistance.

We will find professionals on our site that have years of experience in fighting for the protection of their clients and will see to it that your case is resolved quickly and favorably. The United States was founded on principles of freedom and equality, and that is precisely what we seek to uphold. If you were singled out because of your status or color of your skin, our featured immigration attorneys will file a case for you and help you obtain compensation for the discrimination you were forced to endure.

 

Don’t let your rights be compromised. File a case with an attorney today.Give or a call  or click here to use the Contact Message box

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