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Author: orbiter

Orbiter > Articles by: orbiter
26May

O-VISA. For extraordinary people

Visa for people with extraordinary ability in the sciences, arts, education, business, or athletics that is demonstrated by sustained national or international acclaim and who are coming temporarily to the United States to continue work in the area of extraordinary ability.

O-VISA is also available to individuals who have demonstrated extraordinary

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26May

L-1 VISA. Intra-Company Transferee. Green Card

A company located in any country may start a new company or purchase a company in the U.S. and pursuant to L-1 Visa, transfer its managers or specialists to the U.S. These managers or specialists who are being transferred pursuant to an L-1 visa are also eligible to apply for a Green Card.

PROCESS, REQUIREMENTS AND COMMENTS​

  1. The stock holders of an American and the Parent companies have to be 51% same, which establishes the affiliated relationship between the companies.
  2. The Parent company’s managers or specialists being transferred to the U.S. may be either shareholders or just employees of the Parent company.
  3. The Parent company managers or specialists being transferred to the U.S. must have worked for the Parent company for at least 1 year out of the prior 3 years.
  4. The Parent company and its American affiliate do not need to be involved in the same business. (The affiliated relationship is established by common ownership of the minimum of 51% of the shares of stock).
  5. The Affiliate in the U.S. must demonstrate intent to actually run a business, which can be demonstrated through a thorough business plan and the hiring of several American workers. After 4-5 months after the case filing, the U.S. affiliate is expected to rent office space and to start hiring American employees (minimum 2-3).
  6. The number of employees approved to be transferred from the Parent company to the United States would depend on the size of the American affiliate’s business operations and the business plan.
  7. Because the L-1 employees from the Parent company are inter-company employees being transferred, their pay scale is not subject to review by the U.S Department of Labor. The employees may be paid in the U.S. or even abroad in the currency of the Parent company’s country.
  8. It takes about 2-4 months to get the L-1 approval and about 12-16 months to get the Green Card. Spouse and unmarried children under 21 years of age may accompany the L-1 Visa holder to the U.S.
  9. After the Green Card approval for the managers, the company may continue to operate, or it may also be sold or shut down, at the shareholders option without affecting the Permanent Residency. The Green Card holders would then the right to reside in the U.S. or abroad, establish other businesses, bank accounts, etc., as any other U.S Permanent Residents or citizens, with a right to apply for an American citizenship after 5 years.
26May

Labor Certification & Green Card

Labor Certification / PERM is a process by which a foreign worker can get an employment visa and a Green Card in the United States. Filing a Labor Certification / PERM is an important step for obtaining a Green Card on the basis of a job offer. At the time of application is filed the actual employment is not required.

Once the certificate is received, the employer can apply for a Green Card for his employee. The family of the employee receives the same green card. The key to the labor certificate process is proof that the employer cannot find a suitable US employee for an open position, so he applies for an immigrant. In all, millions of people received green cards and became US citizens as a result of this process.

PROCESS, REQUIREMENTS AND COMMENTS

  1. Job description is drafted and the application is filed.
  2. The Prevailing Wage (to be paid to the future employee after he/she receives the Green Card) is established by the Department of Labor (NPWC – National Prevailing Wage Center) based on the job description and experience.
  3. Advertising requirements are established and the employer starts to advertise the position to establish that there are no U.S. workers available for the position in question.. The advertisement and recruitment process begins.
  4. Job applicants are reviewed. If a determination is made that there are no qualified American applicants, the Employer may then file a Labor Certification petition to approve the eligibility of an immigrant worker.
  5. If the Labor Certification is approved (certified), the Employer can file an Immigrant Petition (Green Card) for an immigrant worker.

Other Comments:

  • The employer need not actually ever employ the alien employee. Although the Employer should have a real intention to hire the alien employee upon the successful termination of the application process, the employer may change their mind and not hire the alien employee after he receives his Green Card. Also, the employee is not required to work for the employee after the successful completion of the Green Card process.
  • Properly worded job description, wage determination and the advertisement requirements with the Department of Labor are the key elements of a successful Labor Certification process.
  • The employer must be ready to demonstrate ability to pay the employee.
  • The job must be “full time”
  • The alien employee need not be in the United States at the time of the filing. If the alien is in the U.S., and is in status, he may adjust status to that of the Permanent Resident without having to leave the United States. If the alien is out of status but not barred from re-entry (under 180 days of being out of status), then he may obtain his Green Card through counselor processing in his home country.
  • Immediate family members of the Green Card recipient may receive Green Cards also.