Law Office Of Fred Voigtmann, P.C.

Persons of extraordinary ability who have risen to the top few percentage points in their field of endeavor may self-petition for U.S. lawful permanent resident status. Extensive documentation to show qualification in at least three out of ten categories is required, along with a showing that the person will continue to work in the same field.

Outstanding professors or researchers who are internationally recognized and who are offered tenured or tenure-track positions may receive green cards if the position is permanent and is offered by a university or by certain research institutions.

Professionals with advanced degrees or exceptional ability qualify if they have a permanent job offer from a U.S. employer that has completed the labor certification process or if they can show that the work is in the U.S. national interest (national interest waiver of the labor certification requirement).

Professionals with bachelor’s degrees, skilled workers with at least two years of working experience, and unskilled workers may qualify if they have a permanent job offer from a U.S. employer that has completed the labor certification process and that can show continuing financial ability to pay the offered wage.

Special immigrants qualify for this category if they are either returning residents or workers in religious occupations with at least two years of experience working in the occupation and membership in the religious denomination.

Immigrant investors may obtain conditional two-year green cards if they make a qualifying at-risk investment and show likely creation of ten new full time jobs for U.S. workers within two years. They may obtain permanent green cards if they sustain the investment and create the jobs.

A “son or daughter” in U.S. immigration law is a person 21 years or older, while a “child” is anyone under 21. A child also needs to be single to qualify for an F-1 Visa. Note that all family-based preference categories are subject to backlogs due to the annual quota or limit on the numbers of immigrant visas issued each fiscal year. The current average wait time for this category is about 8 years (Philippines: 15 years, Mexico: 21 years).

A “child” is defined in immigration law as anyone under 21 who is unmarried. Note that all family-based preference categories are subject to backlogs due to the annual quota or limit on the numbers of immigrant visas issued each fiscal year. The current average wait time for this category is about 1.5 years.

Unmarried sons or daughters (over 21) may be petitioned by their lawful permanent resident fathers or mothers. The person must remain unmarried until they receive their green card. Note that all family-based preference categories are subject to backlogs due to the annual quota or limit on the numbers of immigrant visas issued each fiscal year. Historically, the wait time for this category has been more than five years.

Note that all family-based preference categories are subject to backlogs due to the annual quota or limit on the numbers of immigrant visas issued each fiscal year. The current average wait time for this category is about 11 years (Philippines: 22 years, Mexico: 21 years).

Note that all family-based preference categories are subject to backlogs due to the annual quota or limit on the numbers of immigrant visas issued each fiscal year. The current average wait time for this category is about 12.5 years (Philippines: 23.5 years, Mexico: 18 years).

Professional or specialty workersemployed by a U.S. company in an occupation that normally requires at least a U.S. bachelor’s degree or its foreign equivalent. An H-1B worker can be approved for an initial three-year period with one three-year extension. Additional extensions are available in limited circumstances.

An immediate relative spouse of a U.S. citizen may qualify if the marriage is bona fide and not solely for immigration purposes, if the person entered the U.S. legally (for adjustment of status) or resides abroad (immigrant visa processing). If the couple has been married for less than two years, the person will receive a two-year green card subject to condition removal (prove that marriage was bona fide) prior to its expiration.

An immediate relative child, including stepchild, of a U.S. citizen may qualify if the U.S. citizen parent or stepparent files an immigrant petition and meets other requirements establishing the requisite relationship to the beneficiary.

An adopted orphan may be petitioned by the U.S. citizen parent or parents through a process of establishing the adoption and the relationship between the petitioner and beneficiary.

An adopted child (non-orphan) may be petitioned after the U.S. citizen parent or parents can prove two years of both legal and physical custody of the child.

A U.S. citizen over 21 may petition for his or her parent by establishing the familial relationship to the beneficiary and if the beneficiary is physically present in the United States, he or she must show a lawful entry with inspection.

Treaty Tradersare from countries with a bilateral investment/trade treaty with the United States that contains E-1 visa authorization. They engage in substantial trade with the U.S. that accounts for at least 50% of their total international trade. E-1 visa holders may come to the United States to manage their trading business.

Treaty Investorsare from countries with a bilateral investment/trade treaty with the United States that contains E-2 visa authorization. They have made a substantial investment in a U.S. company and own at least 50% of it; the entity should be an active, for-profit business that has the present or future capacity to generate more than enough income for the investor or to create a positive economic impact on the local economy. E-2 visa holders may come to the United States to manage their business.

Professional or specialty workersemployed by a U.S. company in an occupation that normally requires at least a U.S. bachelor’s degree or its foreign equivalent. An H-1B worker can be approved for an initial three-year period with one three-year extension. Additional extensions are available in limited circumstances.

Exchange traineeswho come to the U.S. to train with a U.S. company must have a bachelor’s degree or five years of experience in the area of training. While they are not allowed to engage in gainful employment, they may be compensated by the U.S. company during a training period that can last up to 18 months.

Managers or Executiveswho are intracompany transferees may come to the U.S. to set up a new branch or subsidiary office if they have been employed as a manager or executive for at least one year at the parent company abroad and if the new U.S. office will support a managerial or executive position within one year. If the U.S. office is more than one year old, the L-1 approval can be granted for three years and extended to a maximum of seven years.

Specialized knowledge workerswho have experience with the parent company abroad may come to the U.S. to work for a branch or subsidiary if they can demonstrate their specialized knowledge and that the company requires such services. The L-1B worker can be approved for a three-year visa, up to a five-year maximum.

Persons of extraordinary abilityin the arts, athletics, business, education, or sciences may receive a visa if they can demonstrate sustained national or international acclaim and that they are coming to the U.S. to continue to work in their area of extraordinary ability. O-1 approvals are itinerary-based, up to three years. O-2 visas are for persons accompanying and assisting O-1 artists or athletes for specific events.