Several visa pathways allow foreign entrepreneurs who have already started or are about to start a new business to direct their new enterprise temporarily or permanently in the U.S. Lipson & Pretorius LLP can help you with the following:
The EB-5 visa for Immigrant Investors provides a pathway for obtaining a green card for foreign nationals who invest money in the United States. We help guide investors in selecting between the 2 main investment options and implementing the most promising strategy:
Outstanding researchers and professors may be eligible for permanent residence based on proof of International Acclaim in their academic field or Extraordinary Ability in the arts, sciences, business or education , or by way of a National Interest Waiver petition. (Extraordinary Ability and NIW do not require employer sponsorship):
Close U.S. citizen and permanent resident family relatives in the U.S. can sponsor foreign nationals for the green card. Close relationships include spouse, mother, father and siblings. A U.S. citizen can sponsor a fiancé from overseas to enter the U.S. so that the couple can marry in the U.S. and subsequently file for a green card:
Many J-1 scholars find themselves with a two-year home residence requirement which they must satisfy before switching to certain working visas or permanent residence. There is however, the possibility to waive this requirement by applying to the Department of State for a J-1 waiver based on one of the approved grounds.
They have an exceptional experience in this field, and they always figure out a way through the intricacies of immigration policy and bureaucracy.
A timely distillation of immigration strategies and events
AC21 Protections for Transferring H-1B Employees
[Ed. Note: This article is part 2 of a 3 part series on AC21and I-140 Portability Issues. Part 1 may be found here.]
Part 2: What happens to an H-1B Employee transferring to Employer B when Employer A withdraws the originally filed and approved I-140?
AC21 is the commonly used abbreviation for the American Competitiveness in the Twenty-First Century Act of 2000 designed to protect H-1B workers from having to leave the U.S. as a result of lengthy labor certification and I-140 processing delays. In this Part 2 of our series on I-140 portability, we will examine the interchange between withdrawal of the I-140 and H-1B AC21 ongoing extension eligibility in the con? text of an H-1B transfer.
How does this issue usually come up?
New I-140 Portability Series
Today we would like to launch a series of articles on an issue that arises in our office every week: What to do where an H-1B employee of company A has an approved I-140 from company A, filed the Adjustment of Status green card application two months ago, and is either being terminated in a month or wishes to transfer to another employer. What happens to the approved I-140 and the AOS?
This has become a particularly pertinent topic in both the H-1B and the I-140 arenas as we have discovered that at least one major immigration law firm only represents the employer and explicitly does not represent the individual employee. That means that the law firm does not consider itself responsible for tracking down individual employees who have “ported” either in H-1B or the I-140 context. Sometimes there are RFEs that are issued to the petitioning employer concerning the original I-140 that involve the employee who has ported to company B and the employee is never notified and does not respond and the case is denied without the ex-employee ever finding out until it is very late or too late in the game.
We have become sufficiently concerned about the number of inquiries about this issue that we believe that we need to make the effort to unravel some of the complexities of the I-140 portability issue for both the petitioning employer and the employee.
USCIS Announces Limited Relief for H-4 Spouses
USCIS recently announced relief for a limited number of H-4 spouses who are awaiting the ability to work in the U.S.
Our reading of the announcement is that there are 2 groups of H-4 spouses who will benefit:
- H-4 visa holders whose spouse has an approved I-140 petition for permanent residence
- H-4 visa holders whose spouse has been granted H-1B status under what is know as “AC-21”. This provision allows H-1B visa holders seeking lawful permanent residence to remain and work in the U.S. beyond the ordinary 6-year limit in H-1B status.