ВИЗА В США - Advokaadibüroo Narlex

Адвокатское бюро Нарлекс являетса представителем американского адвокатского бюро Hodges & Perelmuter, специализирующнго на визах США. Партнеры адвокатского бюро Hodges & Perelmuter- Джош Ходжес (адвокат Охайо) и Янки Перелмутер (адвокат Охайо), имееют большой опыт в сфере иммиграции в США.

У США разные визы: EB1A, EB1B, L1, E2, O1, NIW, R1 и семейная/брачная виза. Далее можно ознакомитса с информацией по этим визам и ценам услуг.

Дополнительню информацию можно получить также в Таллинне или Нарве: к юристaм Annika Veisson via annika.veisson@narlex.com..

EB1A VISAS and EB1B VISAS

Introduction

You may be eligible for Employment-Based First Preference Immigrant Visa status if you fall under any of the following categories:

A person with extraordinary ability or EB1A Visa; and
An Outstanding professors and researchers or EB1B Visa

All applications for status in the above-mentioned categories must be commenced by a Petition. Persons with extraordinary ability may file petitions with USCIS on their own behalf. Outstanding professors and researchers as well as certain multinational executives and managers must be beneficiaries of approved petitions filed by the employer. The cost of EB1A or EB1B visa is $8125.

EB1A VISAS: PERSONS WITH EXTRAORDINARY ABILITY

What is an EB1A Visa?

This category applies to persons who have distinguished themselves in their professional pursuits relating to their work or study. This is called an EB1A Visa. The most notable feature about EB1A Visa is that it is self-petitioning. In other words, you do not have to be the beneficiary of an approved petition from an employer which is a requirement for most employment-based visa classifications.

Who is a Person with “Extraordinary Ability”?

Department Regulations define “extraordinary ability” as a level of expertise indicating that the individual is one of that small percentage who have risen to the top of the field of endeavor. To be considered as an alien with extraordinary ability, you must have sustained national or international acclaim. In addition, you must demonstrate the following elements:

You accomplishments must be in the field of science, art, education, business, or athletics;
You must demonstrate your accomplishments in the form of extensive documentation;
You must be seeking to enter the United States to continue work in your field of endeavor; and
You must establish that your entry must substantially benefit prospectively the United States.

What evidence must I prove that I have Extraordinary Ability?

You may provide evidence to prove your eligibility in one of two ways. To be eligible you must be able to satisfy one of two of the following requirements:

The first piece of evidence you may provide may include evidence of a one-time achievement that is a major, internationally recognized award. This may include an Oscar, a Nobel Prize or an Olympic medal. Generally, the submission of evidence of having won any of these prestigious awards may suffice.
If you cannot provide evidence of an internationally recognized award in the form of the type of evidence listed above, you may satisfy the requirement by showing at least 3 of the 10 criteria listed below. These are:

Evidence of receipt of a lesser nationally or internationally recognized prize or award for excellence in the field of endeavor;
Evidence of membership in associations which require outstanding achievements of their members, as judged by recognized experts;
Published material in professional or major trade publications or major media about the alien’s work;
Evidence of participation on a panel, or individually, as a judge of the work of others in the field;
Evidence of original scientific, scholarly, artistic, or business-related contributions of major significance;
Evidence of authorship of scholarly articles in professional journals or other major media;
Evidence of the display of the alien’s work in exhibitions or showcases;
Evidence that the alien has performed in a leading or critical role for organizations or establishments having a distinguished reputation;
Evidence of high salary or high remuneration in relation to others in the field; or
Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.

If you are unable to provide evidence that readily apply to the above standards, you may submit comparable evidence to establish your eligibility.

What type of professions may qualify for EB1A status?

Provided you are able to provide evidence of your eligibility in your chosen profession or endeavor which the high standards of this visa status demand, you may be eligible to apply. To be successful, you must show that you have risen to the near top of your profession. Professions or endeavors which have been known to have qualified for EB1A status includes highly successful martial artists, other athletes, academics, musicians, graphic designers, business people, or other extraordinary people who have risen to the top of their professions.

Do I need to Show labor Certification or a Job Offer?

No, you need not. Yet, although no offer of employment (including a labor certification) is required, you must include with your petition convincing evidence that you are coming to continue work in your area of expertise. Evidence may include letters from a prospective employer, evidence of prearranged commitments, such as contracts, or a personal statement from you detailing plans for continuing work in the United States.

Can my Spouse and Children join me in the United States?

Yes. Provided the relationship existed at the time of your admission into the United States, your spouse or child will be entitled to derivative status and may accompany or follow to join you. If you acquired your spouse or child subsequent to your admission, they will not be entitled to derivative status and can therefore not accompany or follow to join you.

EB1B VISAS: OUTSTANDING PROFESSORS AND RESEARCHERS

What is an EB1B Visa?

The EB1B Visa is the employment based immigrant visa classification for persons who have demonstrated outstanding internationally recognized academic work as professors and researchers. To be eligible, the applicant must be the beneficiary of an approved petition by an employer affirming that the applicant has been offered a permanent job and will continue to work in the same endeavor.

How does one qualify as Outstanding Professor or Researcher?

To be eligible as an outstanding professor or researcher, you must be able to demonstrate these 3 requirements:

You must be recognized internationally as outstanding in a specific academic area;
You must have at least three years of experience in teaching or research in the academic area; and
You must have the required offer of employment.

What Evidence must I provide to show that I have Outstanding Achievement?

Department Regulations provide the evidence required in submitting a petition for classification as an outstanding professor or researcher. Such evidence must include evidence of international recognition as outstanding in the specific academic area. Generally, this evidence must consist of at least 2 of the following 6 criteria:

Documentation of receipt of major international prizes or awards for outstanding achievement in the academic area;
Documentation of the alien’s membership in associations in the academic field, which require outstanding achievements of their members;
Published material in professional publications written by others about the alien’s work;
Evidence of participation on a panel, or individually, as the judge of the work of others in the same, or an allied, academic field;
Evidence of original scientific or scholarly research contributions; or
Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the academic field.

If you are unable to provide evidence according to the above standards, you may submit comparable evidence to establish eligibility.

Do I need to Show Labor Certification or a Job Offer?

If you are entering the United States as an outstanding researcher or professor, you do not require labor certification. However, you must submit a letter from a U.S. university or institution of higher learning offering you a tenured or tenure-track teaching or research position in the academic field.

In the alternative, you may submit evidence of a Department, division, or institute of a private or non-profit employer offering you a comparable research position in the academic field. The department must demonstrate that it employs at least three persons full-time in research positions, and that it has achieved documented accomplishments in the academic field.

Can my Spouse and Children join me in the United States?

L1 VISA: CERTAIN MULTINATIONAL EXECUTIVES AND MANAGERS

What is an L1 Visa?

L1 Visa, also known as Intracompany transferee is a nonimmigrant visa classification that facilitates the temporary transfer of foreign workers already employed in a managerial, executive or specialized knowledge category to continue their employment in the United States with an office of the same employer, its parent, branch, subsidiary or an affiliate.

To be eligible, the employee must be the beneficiary of an approved petition by a qualifying entity. The “qualifying entity” is defined as the parent, branch office, subsidiary, or affiliate of the foreign business entity. A “qualifying entity” may include corporations, nonprofits, and religious and charitable organizations.

L1 Visa Status also provides opportunity for small companies and start-ups to transfer their employees to the United States to expand their business and services by opening up new offices. Under this route, the foreign company need not have an affiliate, branch, or subsidiary in the United States. It is sufficient for the applicant to show that the foreign company has secured leased premises in the United States in addition to showing that they satisfy the other general requirements for L1 Visa status.

How Can I Qualify for L1 Status?

To be eligible for L1 status, you must have during the three-year period preceding the time of your application for the visa and admission into the United States show the following:

That you have been employed for at least one year by a firm or corporation or other legal entity or an affiliate or subsidiary of the petitioning company; and
You seek to enter the United States in order to continue to render services to the same employer or to a subsidiary or affiliate thereof in a capacity that is managerial or executive.

Do I need to Show Labor Certification or a Job Offer?

You do not need to show evidence of labor certification for L1 Visa Status. However, the prospective U.S. employer must furnish a job offer in the form of a statement which indicates that you will be employed in the United States in a managerial or executive capacity. The letter must clearly describe the duties to be performed.

Can my Spouse and Children join me in the United States?

Yes. Provided the relationship existed at the time of your admission into the United States, your spouse or child will be entitled to derivative status and may accompany or follow to join you as L2 status holders for the duration of your stay. In addition, they may apply for work authorization from USCIS which will entitle them to work without restrictions.

However, if you acquired your spouse or child subsequent to your admission, they will not be entitled to derivative status and can therefore not accompany or follow to join you.

The cost of L1 visa is $6875.

E2 Visa

A very useful visa for many business people throughout the world is the treaty investor visa — the E2 visa.

The basic use of an E2 visa is for a person to enter the U.S. (for indefinite time); based upon treaty of friendship, commerce and navigation, or other arrangement between the U.S. and the county of applicant’s nationality; and the person is entering solely to develop and direct the operations of an enterprise in which the alien has invested, or is actively in the process of investing, a substantial amount of capital in a bona fide enterprise. The cost of E2 visa is $6875.

There are a few key considerations to take in to account when approaching the use of the E2 visa.

Nationality of the Investor: The person entering the U.S. on the E2 visa must be a national of the treaty country. This excludes permanent residents of the treaty county, but does allow for people with dual nationality to benefit from the visa.
Investment: The investment must be «at risk,» and in the possession and control of the investor. This means the capital must be subject to potential loss if the investment fails. Unacceptable funds include commercial loans, inheriting a business (even though you can use inherited money), and third-party money’s. The funds must also be free from any connection to criminal activity.
Substantiality of Investment: The Department of State uses a relative/proportionality test to determine if the investment is substantial. First, they weigh the amount of funds invested against the total cost of purchasing or creating the business, second, they consider the amount normally invested to ensure the success of the type of enterprise, and third, they consider the magnitude of the investment and the likelihood the investor with successfully develop the enterprise.
Develop and Direct: The investor must be managing the business, and have a controlling interest in the business. Majority ownership of stock may not be sufficient if investor cedes control over the business to managers.

The biggest question when investing in a business and wishing to obtain an E2 visa is the amount of money necessary for investment. The best way to approach this is to consider the startup costs of the business and how much is substantial compared to that amount.

For example, if you are starting a real estate company, the initial investment is going to be in the hundreds of thousands of dollars. Therefore, a substantial investment in a real estate company would need to be $150-200 thousand. However, if you are starting a consulting firm that requires a smaller investment of $75,000, then a substantial investment might be $40,000-$50,000.

The other important question is whether your country is a treaty county. That information can be found at: travel.state.gov/content/visas/en/fees/treaty.html.

O1 Visa

A very useful non-immigrant visa is the O1. The O1 visa is defined as for a person who «has extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrate by sustained national or international acclaim…»

So, what does it mean to have an «extraordinary ability?» In 2016 the State Department reported that 15,918 O1 visas were issued. That is a lot of people that are extraordinary. The regulations define extraordinary ability in science, education, business or athletics as «a level of expertise indicating that the person is one of the small percentage who have arisen to the very top of the field of endeavor.» However, a field of endeavor can be narrowed to only include a small portion of people, and therefore creating a situation where the person is one of the small percentage who has arisen to the very top.

To prove extraordinary ability, you must show 3 out of the following:

receipt of nationally or internationally recognize awards.
membership in an organization that requires outstanding achievement.
published material about you in professional or major trade publications.
you judged others works.
original work of significance in the field.
evidence of scholarly work.
evidence of employment in critical or essential capacity at an organization with a distinguished reputation
you commanded a high salary.

The process for obtaining an O1 visa is complex. A person cannot apply for themselves. An applicant must use a U.S. agent to file in cases traditionally involving self-employment. The agent or employer files form I-129. If there are multiple agents or employers each must file their own petition.

The cost of O1 visa is $6875.

National Interest Waiver — NIW

The NIW is an EB-2 visa. However, it differs from the basic EB-2 in substantial ways that are important to understand. The typical EB-2 visa requires a permanent job offer and labor certification. This is often a long, complicated, and expensive process. As such, many employers shy away from sponsoring EB-2 candidates.

However, the NIW allows an applicant to skip the labor certification and the permanent job offer requirement all together. To successfully, obtain an NIW, the applicant must show that their permanent residency would be in the “national interest.” This is a higher standard than the typical EB-2; however, for candidates who can provide solid evidence that they will benefit the nation the NIW is a great option which allows them to skip a long labor certification process.

The cost of NIW visa is $8125.

Religious Worker – R1 Visa

Religious workers have two options when seeking entry to the United States to work in a religious capacity. An immigrant option and a non-immigrant option. Both options require the sponsorship of a bona-fide religious organization that has current IRS 501(c)(3) status.

The non-immigrant religious worker will be the beneficiary of an R1 — temporary religious worker visa. There are two types of beneficiaries for the R1 visa:

A minister — someone who is fully trained to conduct religious worship, is not a lay person, performs activities rationally related to being a minister, and works solely as a minister in the U.S.
A religious worker — someone who was a member of the denomination for the 2 years preceding the petition, and going to perform a religious vocation or occupation — both those performances have their own standard.

The R1 visa is limited to a five-year maximum period of stay — initially for 30 months and then it can be extended for another 30 months. The R1 beneficiary may work in a part-time capacity. Unfortunately, the spouse of a religious worker is unauthorized to accept employment while in the U.S.

The immigrant religious worker will be the beneficiary of an EB-4 Special Immigrant petition. The immigrant religious worker has the same options and requirements as the R1 visa with two major additions.

The person must have been a member, and working as a minister or religious worker within the denomination, for the 2 years immediately preceding the filing of the petition.
The person must be entering the U.S. to work full time in a compensated position.

The immigrant religious worker will receive a green card and can include spouses and children to accompany or follow to join.

Both visa options require defining and applying the different standards set forth for religious workers. The religious worker visas are subject to an immense amount of fraud. Therefore, USCIS policy has been to require a site visit for all new petitioners filing these types of petitions. Meaning USCIS will send an investigator to see that the religious organization has a facility that acts as the home for the religious service or worship. These are complex visa options available for the religious community — so please seek the advise of a competent immigration attorney before submitting your petitions.