The United States of America is home to various cultures, traditions, and values. Throughout the years, millions of people have immigrated to the US for distinct reasons.
For an EB-1A petition, different attorneys have distinct ways to handle it. We would thoroughly evaluate a possible case according to the specific facts of a prospective client and decide whether to represent the client. If a representation decision has been made, we generally first help our clients collect as much as possible relevant, probative, and credible evidence as per our deep understanding of the pertinent laws, policies, and most recently published cases which we regularly study. Second, we review carefully every document (including reference letters) that is intended to be submitted to prove our client's eligibility and resolve any inconsistencies or discrepancies among the evidentiary documents, in case there is any. If an examiner raises any doubt on one of the evidentiary pieces, the credibility of the remaining evidence will be negatively affected, and the examiner might deny the petition in the worst case. Third, we search the internet and check if there is adverse information about our client (and take corresponding steps when necessary) because the examiner may consider the evidence publicly available from the World Wide Web. Finally, we make sure every documentation that is in a foreign language other than English to be translated into English by a competent translator with a certificate of translation in compliance with 8 C.F.R. § 103.2(b)(3).
An immigrant visa is available to an alien, who has been employed outside the United States for at least 1 year in the 3 years preceding the immigration petition in a managerial or executive capacity and seeks to enter the United States to continue to render managerial or executive services to the same employer or to its subsidiary or affiliate. If the alien beneficiary is already in the United States working for the same employer or its subsidiary or affiliate by which he or she was employed overseas, the beneficiary must establish that he or she was employed abroad in a managerial or executive capacity for at least 1 year in the 3 years preceding the most recent lawful nonimmigrant admission.
Noncitizens or aliens, including undocumented immigrants, enjoy certain constitutional rights when they have come within the territory of the United States and voluntarily developed substantial connections with this country. But the constitutional rights do not apply to an alien who seeks initial admission to the United States.
EB-5 immigrant investor program (employment-based fifth preference immigrant visa) is one of the paths immigrating to the United States. Under this program, investors (and their spouses and unmarried children under 21) are eligible to apply for a Green Card (permanent residence) if they: 1) make the required investment in a commercial enterprise in the United States; and 2) plan to create or preserve 10 permanent full-time jobs for qualified U.S. workers.
There are different paths to immigrating to the United States; EB-1A (employment-based green card under the first preference as an alien with extraordinary ability) is one of them. No offer of employment or labor certification is required for an EB-1A petition; thus, anyone can file such a petition on behalf of an alien with extraordinary ability, including the alien himself or herself as a self-petitioner.
The E-2 treaty investor nonimmigrant US visa permits a citizen of a treaty country, with which the United States maintains a treaty of commerce and navigation, to come to the United States with substantial capital investment in a U.S. business. A treaty investor’s spouses and unmarried children under the age of 21 are eligible for E-2 dependent visas and their nationalities need not be the same as the treaty investor.