M&A Law Firm - Get Answers to your Immigration Questions

Question: What is an E-1 visa?
The E-1 visa is for nationals from countries with which the U.S. has a treaty of friendship, commerce, and navigation, who are coming to the U.S. to engage in substantial trade between the U.S. and the alien’s country of nationality.

The E1 visa employee must hold a supervisory or executive position or have skills which are essential to the successful operation of an enterprise. The applicant’s family may join him/her under the same status. The E1 visa is initially valid for two years and may be extended indefinitely.

Question: What is an E-2 visa?
The E-2 visa is issued to individuals known as “treaty investors.” A treaty investor is a national of a country with which the US maintains a treaty of commerce and navigation. A treaty investor should be coming to the United States to involve themselves in a substantial investment.

Question: What is a student visa (F-1)?
An F-1 Visa may be obtained for a student who wishes to pursue full-time academic studies in a college, university, seminar, co rivate academic high school, other academic institution, or language training program.

Question: What is an EB-1 visa?
EB-1 visas are given to foreign nationals of extraordinary ability in the sciences, arts, education, business or athletics. Typically, EB-1 visas are given to foreign national who are outstanding professors or researchers, and those who are managers and executives, subject to international transfer to the United States.

Question: What is an EB-2 visa?
EB-2 visas are given to foreign nationals of exceptional ability in the sciences, arts or business. Typically, EB-2 visas are given to foreign nationals who are advanced degree professionals, and qualified alien physicians who will practice medicine in an area of the U.S. which is underserved.

Question: What is an EB-3 visa?
EB-3 visas are given to foreign national professionals with bachelor's degrees (not qualifying for a higher preference category). Typically, EB-3 visas are given to foreign national skilled workers (minimum two years training and experience), and foreign national unskilled workers.

Question: What is an EB-4 visa?
EB-4 visas are given to foreign national religious workers, and employees and former employees of the U.S. Government abroad.

Question: What are the requirements for an investment visa?
First, an applicant must establish a new commercial enterprise by: 1) creating an original business; 2) purchasing an existing business and simultaneously or subsequently restructuring or reorganizing the business, such that a new commercial enterprise results; or 3) expanding an existing business by 140 percent of the pre-investment number of jobs or net worth, or retaining all existing jobs in a troubled business that has lost 20 percent of its net worth over the past 12 to 24 months.

Second, an applicant must invest or actively be in the process of investing in a new commercial enterprise at least $1,000,000.00, or at least $500,000.00 if in a targeted employment area.

Third, an applicant must show that the new commercial enterprise will benefit the United States economy by either creating full-time employment for at least 10 qualified individuals, or maintain the number of existing employees (for more detail on this subsection, please contact our office).

Question: How does a person get an investment visa?
The applicant must file a Form I-526, immigrant Petition by Alien Entrepreneur. Form I-526, Immigrant Petition by Alien Entrepreneur, must be filed with supporting documentation and evidence that clearly shows that the applicant is able to meet all the necessary requirements such as:

1. Establishing a new commercial enterprise
2. Investing the requisite capital amount
3. Proving the investment comes from a lawful source of funds
4. Creating the requisite number of jobs
5. Demonstrating that the investor is actively participating in the business.

There are other factors to consider when an applicant wishes to submit his or her Form I-526, immigrant Petition by Alien Entrepreneur, for more information, please contact one of our Immigration Attorneys. We have a tough team of attorneys who has earned the reputation of being the best Texas Immigration Attorneys. Our attorneys have the experience of dealing with all kinds of Immigration cases, and have the knowledge of latest immigration laws. You can contact us 24/7 at 972-789-1664, or 1-866-789-1664, or email us at contact@dallasarealaw.com.

Question: What are B-1/B-2 visas?
When a citizen of another country wants to come to the United States, he or she must first obtain a visa, either a nonimmigrant visa for temporary stay or an immigrant visa for permanent residence. The visitor visa is a nonimmigrant visa for persons desiring to enter the United States temporarily for business (B-1) or for pleasure or medical treatment (B-2).

Question: What are the qualifications for visitor visas?
Our laws are set up as such that there is an automatic presumption that every visitor who comes to the US, does not want to leave; thus, the applicant must show with evidence and overcome this presumption.

Question: Can a person with a student visa apply for work authorization?
A person with a student visa who needs to apply for work authorization should discuss his or her employment matter with his or her school’s designated person. There are different options available depending on the student visa type.

Question: What are the K visas?
This is a nonimmigrant category within the immigration law that allows the spouse or child of a US citizen to come to the United States.

Question: Who is eligible for K visas?
The eligible applicants are those who are married or are going to be married to a United States citizen.

Question: How does one apply for K visas?
There are multiple steps and processes that need to be completed, such as whether it is a fiancé visa (which will have some requirements), or actual spouse. Next, work a permit application needs to be filed, I-765, Application for Employment Authorization. In order to make sure you are on the right track, please contact our our Immigration Attorneys and let us help you. You can contact us 24/7 at 972-789-1664, or 1-866-789-1664, or email us at contact@dallasarealaw.com.

Question: How does a person become a permanent resident in the United States? (How does a person get a green card?)
A person must go through a multi-step process in order to obtain a permanent resident status. Typically, a petition is done through an employer or a relative. This requires filing the petition, getting the petition approved, and obtaining a visa number.

Question: What are the application procedures in getting a green card (becoming a permanent resident) in the United States?
These are a few documents that are usually filed when applying for a permanent resident status in the United States:

• Form I-485 Application to Register Permanent Residence or Adjust Status (also check supplement A).
• Form G-325A Biographic Data Sheet for persons between the age of 14 and 79.
• Form I-693 Medical Examination Sheet (may not be applicable to all).
• Two color photos, in accordance with USCIS format, taken within 30 days.
• Form I-864 Affidavit of Support (may not be applicable to all).
• Form I-765 Authorization for Employment.
• Evidence of inspection, admission or parole into the United States (Form I-94, Arrival Departure Record).
• There are other documents and items that must be filed with the USCIS depending upon a person’s application.

Question: What are the categories of eligibility for getting a green card (permanent residency) based upon employment?
There are four categories for getting a green card (permanent residence status) based upon employment:

1. EB-1 priority workers.
2. EB-2 Professionals with advanced degrees or persons with exceptional ability.
3. EB-3 Skilled or professional workers; and 4) EB-4 Special Immigrants.

Question: Who can a U.S. citizen sponsor?

• Husband or wife
• Unmarried child under 21 years of age
• Unmarried son or daughter over 21
• Married son or daughter of any age
• Brother or sister, if the sponsor is at least 21 years old
• Parent, if the sponsor is at least 21 years old

Question: Who can an LPR sponsor?

• Husband or wife
• Unmarried son or daughter over 21

Question: What is an employment based immigration?
This simply means that an applicant wants to become a lawful permanent resident (green card holder) based on his or her employment status.

Question: What is the application process of employment based immigration?
There are three categories of the employment based process:

• EB-1 Priority Workers:  generally the employer should only need to needs to file a Form I-140 immigrant petition for alien worker.  Only after USCIS verifies that the employee has met all eligibility requirements, then the employee may apply at a US consulate for an immigrant visa or, if the situation permits, the employee may adjust his or her status to a permanent resident (green card holder) without departing the United States.  For more information on this process, contact M&A immigration attorneys.
• EB-2 Professionals with advanced degrees or persons with exceptional ability:  Application under this category requires a three-step process.  First, labor certification must be acquired by the employer from the US Department of Labor (DOL).  Second, the employer must file a form I-140 with USCIS.  Third, after the application is approved and a visa becomes available, the employee needs to apply to a US consulate for an immigration visa or to adjust his or her status through USCIS.
• EB-3 Other, Skilled or Professional workers:  Application under this category requires a three-step process.  First, labor certification must be acquired by the employer from the US Department of Labor (DOL).  Second, the employer must file a form I-140 with USCIS.  Third, after the application is approved and a visa becomes available, the employee needs to apply to a US consulate for an immigration visa or to adjust his or her status through USCIS.

Question: What is Naturalization?
Naturalization is the process by which a person becomes a US citizen.

Question: What are the general requirements for becoming a “Naturalized” or a citizen?
The general requirements are as follow:

• Continued resident and physical presence in America.
• Ability to read, write, and speak English.
• A knowledge of American history and government structure.
• A good moral character.
• Belief in the principles of the American Constitution.
• Liking and wanting to be an American.