Attorney–Client Privilege
Attorney-Client or Lawyer-Client Privilege is one of the eldest evidentiary rules recognized by the United States jurisprudence. This important privilege protects: “all confidential communications made by the client to the lawyer for the purpose of facilitating the rendition of professional legal services.”
In other words, the Client has the privilege to refuse to disclose his/her confidential communications with the lawyer, regarding a legal issue, and prevent the lawyer or lawyer’s agents and employees from disclosing such information. With a few rare exceptions, courts neither can compel the client nor the lawyer to disclose the confidential communications between them.
Once established, the Attorney-Client privilege provides what has been referred to as “absolute protection:” protecting information against disclosure regardless of the need or good cause for that information shown by another party.
The Attorney-Client Privilege is recognized in all states of the Union. The American Bar Association has officially endorsed this privilege, based on the theory that preserving client confidences serves a compelling public interest; because people are more likely to seek legal advice and resolve their legal problems lawfully, if they know that their communications will be private and protected for life!
This privilege covers lawyers, their employees, agents and the client’s necessary companions such as translators, employees, agents, etc.
The Attorney-Client Privilege attaches, even if after the Free or Paid Consultation, the lawyer does not take the case or client decides not to hire the lawyer.
In fact, Attorney-Client privilege attaches as long as the client reasonably believes that the person he/she is consulting with is a lawyer, authorized to practice law. Thus, if the lawyer is a fraud or has been disbarred or is not licensed, etc., as long as the client’s belief is reasonable, the communication is privileged and protected by law!
Accompanying Visa
An accompanying visa is referred to the visa issued to person/s, generally family member/s, who accompany the main applicant.
Accredited Investors
Under the United States Federal Securities Laws, a company or private fund may not offer or sell securities unless the transaction has been registered with the SEC or an exemption from registration is available.
Certain securities offerings that are exempt from registration may only be offered to, or purchased by, persons who are Accredited Investors.
One principal purpose of the accredited investor concept is to identify persons who can bear the economic risk of investing in these unregistered securities.
An accredited investor is natural person, who has earned more than $200,000 (or $300,000 together with a spouse) in income, each of the prior two years, and reasonably expects the same for the current year, OR has a net worth over $1 million, either alone or together with a spouse (excluding the value of the person’s primary home).
Adjustment of Status
Adjustment of Status is referred to the process and procedures required to change from a nonimmigrant status to permanent residency status.
The Immigration and Nationality Act (INA) offers an individual two primary methods for obtaining their Permanent Resident Status also known as Green Card.
1) Consular Processing
A person, who has been approved and has an immigrant visa number, may apply at a U.S. Department of State Consulate abroad for an Immigrant Visa, in order to be admitted to the United States as a permanent resident.
2) Adjustment of Status
Adjustment of status is an alternate process by which an eligible person, who is already in the United States, can apply for permanent resident status without having to leave the United States, in order to complete the process. This method is known as Adjustment of Status.
Advance Parole
Advance Parole is referred to the act of obtaining a permit to return to the United States, from the Department of Homeland Security, before leaving the United States for another country.
Affidavit of Support
Affidavit of Support is a sworn statement by a sponsor, who promises that he/she/it will support the sponsored (the applicant) with stipulated needs, including food, shelter, medical help, and finances, while in the United States. So the sponsored party will not become a public charge, i.e. collect welfare or food stamp, etc.
Agricultural Worker
Agricultural Worker status is referred to a type of temporary permission, which allows a person to work in farms in the United States. The strict requirements of Agricultural Worker’s status are defined by the Department of Labor.
Alien
Alien is a, somewhat, derogatory and controversial term traditionally used to define a foreign person, who owes allegiance to another country or government.
Amerasian Act
Amerasian Act referrers to a United State Law that provide Immigration benefits to certain Amerasian Children born in Vietnam, Cambodia, Korea. Laos, etc.
Applicant
Applicant or petitioner is referred to the person or entity applying for a government benefit. Such a benefit could be an immigrant or nonimmigrant visa.
Appointment
Appointment is referred to the notice to the Applicant indicating a date set for an Interview. An Appointment Notice, generally, includes documents that the applicant must complete prior to attending the scheduled interview.
Approval Notice
Approval Notice is referred to the announcement by the United States Citizenship and Immigration Services (USCIS) notifying the beneficiary that his/her/its application or petition or request has been approved.
Arrival-Departure Card
Arrival-Departure Card is referred to the form I-94, generally, given to foreign visitors, who enter the United States, at the port of entry.
Asylee
An Asylee is referred to a foreign national in the United States or at a port of entry, who is unable or unwilling to return to his/her country of origin or the last country of residency for well-founded fear of persecution. Such fear must be based on the Asylee’s race, religion, membership in a particular social group, or political opinion.
Asylee is different from Refugee. A refugee on the other hand is referred to someone who is located outside of the United States, but can demonstrate that due to special humanitarian concerns for past persecution or fear of future persecution due to race, religion, nationality, political opinion, or membership in a particular social group and is not firmly resettled in another country.
A Number
“A number” is an “A” followed by eight numbers such as: A12 345 678. This number is referred to as the Alien Registration Number, which the Department of Homeland Security assigns to each foreign national applying for Permanent Residency in the United States.
A-1 Visa
A-1 Visa is a type of visa that issued to ambassadors, public ministers, career diplomats, consular officers or other high position governmental officials.
A-2 Visa
A-2 Visa is referred to the type of visa issued to personal employees, servants of high-ranking A-1 recipients and/or lower rank foreign officials.
Alternate Chargeability
In order to Prevent Separation of Families, the United States Government may allow a foreign National who is born in an ineligible country to participate in the Green Card Lottery by alternatively claiming chargeability to the country of birth of a spouse or a parent. In case of claiming chargeability to spouse’s country of birth, the Foreign National can claim the spouse's country of birth as his/her native country provided his/her spouse was born in an eligible country. The Foreign National can also claim chargeability to parent's country of birth, provided neither parents were a permanent resident in that country, when his/her was born.
Apprehension
Apprehension is referred to the actual arrest of a removable foreign national, by the United States Immigration, and Customs Enforcement (ICE).
AR-11
AR-11 is referred to the Change of Address Form, which a Foreign National residing in the United States must use to report his/her change of address.
Attestation
An attestation is a sworn statement made by employers to the Department of Labor before being able to bring foreign workers to the U.S. for work. The attestation may include statements that the employer is making an effort to hire more U.S. citizens, or it will pay foreign workers the same wages as paid to U.S. workers.
B-1 Visa
B-1 visa is for temporary business visitors to the United States. Under a business visa a person can participate in business activities of a commercial or professional nature, including, but not limited to:
Consulting with business associates, attend scientific, educational, short-term training, professional or business conventions, or a conference on specific dates; settling an estate; negotiating a contract, etc.
B-2 Visa
B-2 is designed for those people who exclusively visit the United States for the purpose of tourism, pleasure or medical treatment. B-2 category usually allows the successful applicant to stay in the United States for up to 6 months.
Beneficiary
In the context of United States Immigration Law, a person on whose behalf a petition has been filed by a third party is referred to as the beneficiary of the requested action. For instance, a beneficiary may receive a lawful status as a result of his/her relationship to a US citizen, lawful permanent resident, or US employer.
Biometrics
Biometrics refers to metrics related to human unique physical characteristics, which are used to identify an individual. Examples of such identifiers include, but are not limited to fingerprint, palm print, photograph, DNA sample, face and retina recognitions, etc.
Most Immigration Visas require Biometrics information, which enables the authorities to distinctly identify the individual applicant.
Border Crosser
The term Boarder Crosser is referred to a Non-National resident of the United States reentering the country after an absence of less than six months in Canada or Mexico. Border Crosser is also used to describe the non-residents of the United States, who across the Canadian border for stays of up to six months or across the Mexican border for stays of no more than 72 hours
Business Plan
A business plan is a formal statement of business objectives, reasons for their attainability, and detailed description of how the proposed plan will achieve them.
In addition, an EB-5 business plan must be a “Matter of Ho-Compliant.” This means that the business plan must show in comprehensive and credible detail, how it will create or save the required jobs and provide the kind of comprehensive information that an experienced investor or institutional lender would examine before making their investment decisions.
C-1 Visa
C-1 is a Transit Visa, which allows a foreign national to enter the United States, while on their way to another country
C-2 Visa
C-2 is a Transit Visa, which allows a foreign National to travel to the United Nations (UN) Headquarters on official business or for United Nations Officials transiting through the U.S.
C-3 Visa
C-3 Transit visas are issued to Foreign Government Officials’ Immediate Family, Attendant, Servant or Personal Employee, who are transiting through the United States.
California Service Center
There are four Service Centers that process cases for immigration benefits. They are located in Vermont, Nebraska, Texas and California. However, all EB-5 Investment Visa Applications are processed at the United States Citizenship and Immigration Services (USCIS) California Service Center, which is located in Laguna Niguel, California.
Conditional Permanent Residence
Biometrics refers to metrics related to human unique physical characteristics, which are used to identify an individual. Examples of such identifiers include, but are not limited to fingerprint, palm print, photograph, DNA sample, face and retina recognitions, etc.
Most Immigration Visas require Biometrics information, which enables the authorities to distinctly identify the individual applicant.
Conditional Permanent Residence
A successful EB-5 investor/entrepreneur receives a Conditional Permanent Resident Green Card, which is valid for only 2 years.
In order to obtain Permanent Residency Status, she/he must file a petition via form I-829, to remove the condition, during the 90 days prior to the expiration of the conditional Green Card.
NOTE: The Conditional Green Card cannot be renewed. If the condition is not removed, the holder will lose his/her Permanent Resident Status.
Corporate Attorneys
Corporate Attorneys are lawyers, who, generally, work for corporations or governmental agencies. In the context of EB-5 investment program, Corporate Attorneys may be retained to make sure the EB-5 projects comply with Securities and Exchange Commission (SEC) rules and regulations
Consular Processing
The Immigration and Nationality Act (INA) offers an individual two primary methods for obtaining their Permanent Resident Status also known as Green Card.
1) Consular Processing
A person, who has been approved and has an immigrant visa number, may apply at a U.S. Department of State Consulate abroad for an Immigrant Visa, in order to be admitted to the United States as a permanent resident.
2) Adjustment of Status
Adjustment of status is an alternate process by which an eligible person, who is already in the United States, can apply for permanent resident status without having to leave the United States, in order to complete the process. This method is known as Adjustment of Status.
Corporation
A corporation is an independent legal entity owned by shareholders. This means that the corporation itself; not the owners, is held legally accountable for actions and liabilities that the business incurs.
In the United States, all corporations are created under the laws of the particular state. Laws of the state of incorporation control almost all matters of corporate governance, such as: powers of shareholders, board of directors, payments of dividends, acquisitions and mergers, etc.
When deciding to set up or invest in a business, it is essential to know the various forms of corporations and organizations. There are many important differences amongst them:
1) Sole Proprietorship
SIn a Sole Proprietorship, the owner of the business carries on the affairs of the business as an individual. Thus, she/he is personally liable for all debts and obligations of the business.
This includes taxes, which she/he must report all gains and losses in her/his own personal income tax return.
2) General Partnership
The term general partnership is a bit confusing. That is because all partnerships are general unless a particular statutory requirement for a limited partnership is complied with.
In all States general partnerships are governed by statutes devised based on Uniform Partnership Act (UPA).
The UPA defines a partnership as “association of two or more people to carry on, as co-owners, a business for profit.”
No formal registrations are required to form a general partnership: as soon as two or more people join together to operate a business for profit, a general partnership is automatically formed by operation of law.
Creation of Partnership by Estoppel:
In fact, when two or more people who do business, without the intention to be partners, may be found to have created a partnership by estoppel, if they represent to the outside world that they are in partnership together. Thus they may be liable for debts and obligations of each other.
The most important factor in a general partnership is that each partner is personally liable for all debts and obligations of the partnership.
3) Limited Partnership (LP)
All States allow the formation of an organization called: Limited Partnership.
Unlike General Partnerships, in order to create a Limited Partnership, the partners must file a formal statement of organization with the Secretary of State, and draw up a written agreement amongst them.
In a Limited Partnership there are two types of partners:
- One or more General Partners, who are personally liable for the debts and obligations of the partnership.
- One or more Limited Partners, who are not liable beyond their contributed amounts to the partnership.
4) Limited Liability Partnership (LLP)
In a Limited Liability Partnership (LLP), partners must file a formal statement of election with the Secretary of State. Once the partners file the statement of election, generally, no partner will be liable for the debts of the LLP beyond their agreed and/or contributed amounts.
LLP organizations are mostly preferred by professionals such as Lawyers and Accountants. The main reason for this election is that individual partners are, generally, not liable for malpractice committed by other partners.
5) Limited Liability Company (LLC)
Limited Liability Company (LLC) is a new form of organization, which has been recognized by all States, since the 1990s.
Main features:
Those who have an interest in a Limited Liability Company (LLC) are referred to a “Members” rather than “Partners” in a Partnership.
- Members can Limit their liability to the amount invested
- Members can choose to be taxed either as a corporation or as a partnership
Country of Last Residence
The country of Last Residence is referred to the primary home (domiciliary) of a person, prior to entering the United States.
Country of Birth
Country of Birth is referred to the place, where a person was born.
Country of Chargeability
In order to Prevent Separation of Families, the United States Government may allow a foreign National who is born in an ineligible country to participate in the Green Card Lottery by alternatively claiming chargeability to the country of birth of a spouse or a parent. In case of claiming chargeability to spouse’s country of birth, the Foreign National can claim the spouse's country of birth as his/her native country provided his/her spouse was born in an eligible country. The Foreign National can also claim chargeability to parent's country of birth, provided neither parents was a permanent resident in that country, when his/her was born.
Country of Citizenship
Generally, the Country of Citizenship of a person is the country where a person is born in and/or naturalized in. Providing he/she has not renounced or has not been stripped of citizenship.
Crewmember
Crewmember, formerly known as Crewman, is referred to a person, who is working on board of sea vessels or international airlines in the United States. Providing such services are required for normal operation and the crewmember intends to depart the United States on the same vessel or any other vessel within 29 days.
Criminal Removal
Criminal Removal is referred to the deportation or removal of a non-citizen of the United States who has been charged under a section of the Immigration and Nationality Act. It is required that the criminal charge and conviction are the basis for the removal of the criminal; or the conviction makes the non-citizen removable.
Cross Chargeability
Some foreign nationals who wish to become lawful permanent residents (LPRs) face extended backlogs in visa number availability. Since visa number backlogs vary enormously by the country against which an applicant is counted or “charged,” it is important to understand the options for favorable chargeability, including chargeability to a spouse’s country of birth. The latest guidelines related to cross-chargeability are detailed in the U.S. Citizenship and Immigration Services (USCIS)
In a nutshell, when a Green Card applicant is subject to a waiting list, but is the child or the spouse of a person born in a country with more favorable quota, the applicant may cross charge to the most favorable quota.
DS-160 Online Nonimmigrant Visa Application
The DS-160, Online Nonimmigrant Visa Application form, is for temporary travelers to the United States, and for K fiancé visas.
Form DS-160 must be submitted electronically to the Department of State website via the Internet. Consular Officers use the information entered on the DS-160 to process the visa application. They may schedule a personal interview as well, in order to determine an applicant’s eligibility for a nonimmigrant visa.
Direct Equity Model
Direct Equity Model in the context of EB-5 Investment program is a bit confusing. The EB-5 regulations require that an entrepreneur make an “Equity” investment in a qualifying business rather than “Loan” to the business. However, many Regional Centers create limited Partnership Companies, which takes the EB-5 Investor’s money and then loans it to the designated EB-5 project.
Direct Jobs
EB-5 investments made directly rather than through a Regional Center, must create or preserve 10 fulltime Direct Jobs for the United States workers for two years. United States Citizenship and Immigration Services (USCIS) defines Direct Jobs as actual identifiable jobs for qualified employees located within the commercial enterprise that receives the EB-5 investment
Due Diligence Questionnaire
A prospective EB-5 investor may be required to complete a Due Diligence Questionnaires prior to making their final decision on investment in an EB-5 qualified business investment entity.
The due diligence questionnaire is designed to make relatively sure that the investor has fully researched the viability of the investment and the business project that will receive their investment
D-Visa Crewmember
D-Visas are nonimmigrant visas for Crewmembers working on board of sea vessels or international airlines in the United States, providing services required for normal operation. Of course, the Crewmembers must intend to depart the United States on the same vessel or any other vessel within 29 days.
On the other hand, if someone travels to the United States to join a Vessel, which he/she will work on, in addition to a crewmember D Visa, she/he also must obtain a C-1 Transit Visa or a combination C-1/D visa.
Deferred Inspection
Deferred Inspection is a procedure, which is used when an immediate decision concerning the immigration status of an arriving traveler cannot be made at the port of entry, due to a lack of documentation. On a case-by-case basis, the port of entry may schedule the traveler to report to a Deferred Inspection Site, at a future date, in order to present the necessary documentation and/or information in order to resolve the issues raised.
There are currently 70 Deferred Inspections Sites throughout the United States and the outlaying territories.
Department of Labor (DOL)
Department of Labor is in charge of issuing Foreign Labor Certificates for foreign workers, who wish to work in the United States on a temporary or permanent basis. DOL examines and decides whether there is a shortage of American workers, who could fill a particular job, in order to issue a certificate.
Department of State (DOS)
Established in 1789, the United States Department of State (DOD), also known as the State Department, is a Federal Executive Department. DOS is responsible for the International Relations of the United States. DOS is equivalent to the Foreign Ministry of other countries.
DOS advances U.S. objectives and interests by implementing the President's foreign policy. It also provides important services to U.S. citizens and to foreign nationals seeking to visit or immigrate to the U.S.
Departure Under Safeguards
The departure of a foreign national, from the United States, which is physically observed by the U.S. Immigration and Customs Enforcement (ICE) officials.
Dependent
Under Immigration law, a dependent is, generally, referred to a spouse, and unmarried children under the age of 21.
Deportable Alien
A Foreign National, who is in the United States, but subject to any grounds of removal specified in the Immigration and Nationality Act. This includes anyone, who is illegally in the United States, regardless, of whether he/she entered the country by fraud or misrepresentation or entered legally but subsequently violated the terms of his or her nonimmigrant classification or status
Deportation
Deportation is referred to the formal removal of a foreign national from the United States when he/she has been found removable for violating the immigration laws. An immigration judge orders deportation without any punishment being imposed or contemplated. Prior to April 1997 deportation and exclusion were separate removal procedures. The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 consolidated these procedures. After April 1, 1997, foreign nationals in and admitted to the United States may be subject to removal based on deportability also known as Removal. The U.S. Immigration and Customs Enforcement (ICE) enforces such orders.
Derivative Citizenship
Derivative citizenship refers to citizenship acquired by children (born or adopted) through a U.S. citizen parent or parents, depending on the law in effect at the time of a person’s birth.
District
A District is referred to the geographical areas into, which the United States, and its territories are divided for the Immigration and Naturalization field operations; there are three overseas offices located in Rome, Bangkok, and Mexico City.
Each District Office, headed by a District Director, has a specified service area that may include part of a state, an entire state, or many states. District Offices are where most USCIS field staff is located. District Offices are responsible for providing certain immigration services and benefits to residents in their service area, and for enforcing immigration laws in that jurisdiction. Certain applications are filed directly with District Offices, many kinds of interviews are conducted at these Offices, etc.
Diversity Visa
The Diversity Visa Program (DV Program), or Green Card Lottery is administered annually by the Department of State (DOS); which makes up to 50,000 immigrant visas available annually; drawn from random selection among all entries to individuals who are from countries with low rates of immigration to the United States.
DV lottery is conducted under the terms of Section 203(c) of the Immigration and Nationality Act (INA). Section 131 of the Immigration Act of 1990 (Pub. L. 101-649) amended via INA 203 provides for a new class of immigrants known as "diversity immigrants" (DV immigrants). The lottery makes available 50,000 permanent resident visas annually to natives of countries deemed to have low rates of immigration to the United States
Docket Control
Docket Control is referred to the INS mechanism for tracking the case status of potentially removable foreign nationals.
Do all EB-5 Investment Visa Seekers have to apply through Regional Centers?
The answer is no. EB-5 applicants can invest in non-regional center projects. This type of investment is referred to as “Direct Investment.” However, approximately 90 percent of all EB-5 applicants are processed through regional centers. There are many important reasons for this influx of applicants to regional centers: job creation and management roles in EB-5 projects are the most important ones. …
All investment offerings made by EB-5 Regional Centers are subject to U.S. Securities & Exchange Commission’s regulations.
Dual Citizenship
Dual Citizen is referred to a person, who is a national of two countries at the same time. Each country has its own nationality laws. Persons may have dual nationality by automatic operation of different laws rather than by choice. For example, a child born in a foreign country to U.S. national parents may be both a U.S. national and a national of the country of birth.
A U.S. national may acquire foreign nationality by marriage, or a person naturalized as a U.S. national may not lose the nationality of the country of birth. U.S. laws neither mention dual nationality nor require a person to choose one nationality or another. Also, a person who is automatically granted another nationality does not risk losing U.S. nationality. However, a person who acquires a foreign nationality by applying for it may lose U.S. nationality.
In order to lose U.S. nationality, the law requires that the person must apply for the foreign nationality voluntarily, by free choice, and with the intention to give up U.S. nationality
E-1 Treaty Trader Visa
The E-1 nonimmigrant classification allows a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation) to be admitted to the United States solely to engage in international trade on his or her own behalf. Certain employees of such a person or of a qualifying organization may also be eligible for this classification
E-2 Treaty Investor Visa
The E-2 nonimmigrant classification allows a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation) to be admitted to the United States, when investing a substantial amount of capital in a U.S. business. Certain employees of such a person or of a qualifying organization may also be eligible for this classification.
E-2 Treaty Investor Visa
EB-1 category is the first-preference Employment-based Visa, which is designed for people with extraordinary ability, outstanding professors or researchers, multinational executives or managers.
Each of the above categories has certain requirements that must be met. Here is a brief description:
1) Extraordinary Ability
An EB-1 applicant under this category must prove that he/she has “extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim.”
Such achievements must be recognized in each field through extensive documentation. However, the applicant is not required to have and offer of employment.
2) Outstanding Professors and Researchers
An EB-1 applicant under this category must prove that he/she is internationally recognized for outstanding achievements in a particular academic field, with at least 3-years-experience in teaching or research in that academic area.
In addition, he/she must have an employment offer, and show that his/her reason for immigrating to the United States is to pursue teaching tenure or comparable research position at a university or other institution of higher education.
3) Multinational Manager or Executive
To qualify for an EB-1 visa in this category, the applicant must have been employed outside the United States in the 3 years preceding the application for at least 1 year by a firm or corporation and you must be seeking to enter the United States to continue service to that firm or organization.
The applicant must have been employed, outside the United States, in a managerial or executive capacity with the same employer, an affiliate, or a subsidiary of the employer.
EB-2
Under the United States Immigration Law, Eb-2 is referred to as the second preference, Employment-based Immigrant Visa (Green Card or Permanent Residency Status).
This type of Employment-based Immigrant Visa consists of three categories:
1) Jobs that require Advanced Degrees
The EB-2 applicant must apply for a job that requires an advanced degree. To be eligible for such jobs, the job seeker must have a Bachelor’s Degree or equivalent plus 5 years “progressive work experience” in the field.
Moreover, the applicant must be a member of that profession.
2) Exceptional Ability
The EB-2 applicant must show exceptional ability in the sciences, arts, or business. Exceptional ability “means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.”
3) National Interest Waiver
The EB-5 applicant must show that he/she should be eligible for waiver of Labor Certification, because his/her services are in the interest of the United States.
Although there is not a specific list of jobs, which qualify for a national interest waiver, generally, people who have exceptional abilities are granted such a waiver.
Those seeking a national interest waiver can petition on their own behalf. Thus they do not need an employer to sponsor them.
EB-3
Under the United States Immigration Laws, Eb-3 is referred to as a third preference, which is an Employment-based Immigrant Visa (Green Card or Permanent Residency Status) category.
This type of visa is reserved for “Professionals” and “Skilled Workers” or “Other Workers.”
United States Citizenship and Immigration (USCIS) defines “Skilled workers” as People whose job requires a minimum of 2 years training or work experience, not of a temporary or seasonal nature.”
A Professional, on the other hand, is defined as a person, whose job requires at least a U.S. Bachelor’s Degree or a foreign equivalent. The professional must be “a member of the profession.”
The term “other workers” is referred to a subcategory of people working in unskilled type work that requires less than 2 years training or experience, in a job that is not considered temporary or seasonal.
Of course, in addition to the above, it must be shown that there is not a qualified worker available in the United States to do the job. The applicant, generally, must apply for a labor certification through the Department of Labor and have a permanent full-time job.
EB-4
Under the United States Immigration Law, Eb-4 is referred to the fourth preference Employment-based Immigrant Visa (Green Card or Permanent Residency Status) category.
Eb-4 is also referred to as Special Immigrant visa or “Catch All,” created by the Congress, under Section 101(a)(27) of the Immigration and Nationality Act (INA), for people, who do not qualify under other Immigrant Visa Categories.
People working in the following job-categories may be eligible for EB-4 Visa:
- Religious Workers
- Special Immigrant Juveniles
- Broadcasters
- G-4 International Organization or NATO-6 Employees and Their Family Members
- International Employees of the U.S. Government Abroad
- Armed Forces Members
- Panama Canal Zone Employees
- Certain Physicians
- Afghan and Iraqi Translators
- Afghan and Iraqi Nationals Who Have Provided Faith Service in Support of U.S. Operations
EB-5 Green Card Program
Section 203(b)(5) of the Immigration and Nationality Act (INA), allocates 10,000 “EB-5” immigrant visas per year to qualified individuals seeking Lawful Permanent Residency Status on the basis of their Capital Investment in a New Commercial Enterprise, or a troubled business, which must produce or preserve at least 10 full time jobs for American Workers.
A Commercial Enterprise is defined by USCIS as any for-profit and lawful business including, but not limited to:
- A sole proprietorship
- Partnership (whether limited or general)
- Holding company
- Joint venture
- Corporation, etc.
Congress created the EB-5 Immigrant Visa Program during the recession of 1990. This program was designed to stimulate the U.S. economy through job creation and to encourage the inflow of Capital to the United States by foreign investors.
By 2005, this program had not yet become successful: not because of lack of interested investors, but because of difficult applications and unreasonably sloppy process; including a long adjudication, which had led to the suspension of processing on over 900 EB-5 cases—some of which dated back all the way to 1995.
By the end of 2011 fiscal year, more than 3,800 EB-5 applications had been filed; compared to about 800 applications in 2007.
However, EB-5 program toped its allotted 10,000 for the first time in August 2014. As a result of which the State Department stopped issuing EB-5 visas until the beginning of the next fiscal year, which started in October of 2014.
According to some studies EB-5 Investors have contributed to the United States Economy $3.4 billion dollars and created or preserved 42,000 jobs, in 2012, alone.
EB-5 Immigrant Investor Visa Process
a) File Form I-526, Petition by Alien Entrepreneur
b) Upon approval of Form I-526 petition, either:
c) File Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS to adjust status to a conditional permanent resident within the United States, or
d) File DS-230 or DS-260, Application for Immigrant Visa and Alien Registration, with the U.S. Department of State to obtain an EB-5 visa for admission to the United States.
e) Upon the approval of the I-485 application or upon entry into the United States with an EB-5 immigrant visa, the EB-5 investor and derivative family members will be granted conditional permanent residence for a two-year period.
f) Consular Processing DS-230 Application for Immigrant Visa and Alien Registration is submitted by EB-5 investors with approved I-526 petitions who are not in the U.S. in a valid non-immigrant visa status.
g) This process is commonly known as “consular processing.” Once an applicant’s I-526 is approved their file is sent by the USCIS to the National Visa Center, which is under the jurisdiction of the U.S. Department of State. The completed forms along with other applications materials are sent by the NVC to the U.S. consulate or embassy in the applicant’s home country. Consular processing applicants must attend an in-person interview where they are issued an immigrant visa. Upon issuance of the immigrant visa, an applicant and their dependent family members are permitted to enter the U.S. Permanent residency status commences on the first date of entry into the U.S. and the green card is mailed to the applicants shortly after their first entry on the immigrant visa.
EB-5 Job Creation Requirement
Job creation is the most important factor in the success of an EB-5 applicant. United States Citizenship and Immigration Services (USCIS) requires that an EB-5 Investor must create or preserve must preserve at least 10 fulltime jobs for qualified United States Employees. These jobs must be created or preserved within two years after an investor becomes a conditional permanent resident.
EB-5 Immigrant Investor Program
Congress created the EB-5 Program in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors.
In 1992, Congress created the Immigrant Investor Program, also known as the Regional Center Program. This sets aside EB-5 visas for participants who invest in commercial businesses associated with regional centers, which are approved by the United States Citizenship and Immigration Services (USCIS) based on their proposals to promote economic growth.
Under this program, entrepreneurs (and their spouses and unmarried children under 21) are eligible to apply for a green card (permanent residence) if they:
1) Make a minimum investment of $1 million dollars or $500,000 in a Targeted Employment Area (TEA)
2) Plan to create or preserve 10 full-time jobs for qualified U.S. workers.
This program is known as EB-5 for the name of the employment-based fifth preference visa that participants receive.
EB-5 Project
The individual businesses that receive EB-5 investments are referred to as EB-5 projects. An EB-5 Applicant can create her/his own EB-5 project by investing in a U.S. business or can invest in an EB-5 project that is managed by an EB-5 Regional Center.
EB-5 Regional Center Immigrant Investor Pilot Program (“Pilot Program”)
The Immigrant Investor Pilot Program (“Pilot Program”) wascreated by Section 610 of Public Law 102-395 (October 6,1992).
EB-5 requirements for an investment under the Pilot Programare, essentially, the same as in the basic EB-5 InvestorProgram. However, the Pilot Program provides for investments that are affiliated with an economic unit known as a “Regional Center”. These investments allow for a less restrictive Job Creation Requirement based upon the concept of “Indirect” or “Direct” counts of the created or preserved jobs.
EB-5 Regional Center
An EB- Regional Center is referred to an economic entity, private or public, which is established for the purpose of promoting the economic growth of a region, create jobs, improve productivity and increase capital investments.
If you wish to form an EB-5 Regional Center, you must submit for approval, a comprehensive proposal to the United States Citizenship and Immigration Services (USCIS), which includes:
- How the regional center plans to promote economic growth in a geographical region within the United States
- How the regional center will create jobs through capital investments
- How the regional center will positively impact the chosen region’s economy
NOTE: The United States Citizenship and Immigration Services (USCIS) designation “approval” of a regional center does not mean that the regional center’s investments are guaranteed by the U.S. Government. Nor is there a guarantee that an investor may be granted a Permanent Resident Status “Green Card” through EB-5 Investment.
Economists
Economists are experts, who study the relationship between societies’ resources and their productions or outputs. These studies may range from the smallest of local communities to an entire country or even the entire world.
In context of EB-5 Regional Centers Economists typically help to demonstrate the economic impact of an EB-5 investment in creation or preservation of “Direct” or “Indirect” and induced employment through the RIMS II, IMPLAN, REDYN, REMI and other acceptable economic models.
Economists’ studies and findings also help the United States Citizenship and Immigration Services (USCIS) to consider in designating an area as “Targeted Employment Area” (TEA)
Expansion of Existing Business
Under EB-5 Investment programs, an existing business may qualify to receive EB-5 funds in order to expand its operations. However, such an expansion must substantially change the existing businesses net worth or number of employees, due to the investment of capital.
Substantial change means at least 40 percent increase either in the net worth, or in the number of employees, so that the new net worth, or number of employees amounts to at least 140 percent of the pre-expansion.
Emigration
Emigration is referred to the act of existing one’s own country with the intention to permanently residing in another country.
Employer Sanctions
The employer sanctions provision of the Immigration Reform and Control Act of 1986 prohibits employers from, knowingly, hiring, recruiting, or referring for a fee, any foreign national, who is unauthorized to work in the United States. Violators of the law are subject to a series of civil fines for violations or even criminal penalties, when there is a pattern or practice of violations.
Employment Authorization Document (EAD)
U.S. employers are required by law to check and make sure all their employees, regardless of citizenship or national origin, are authorized to work in the United States. Anyone, who is not a U.S. citizen or a permanent resident, may fall into one of three categories of persons who are eligible for employment authorization.
Category 1: You may have authorization to work in the United States as a result of your nonimmigrant status
Category 2: You may have authorization to work for a specific employer as a result of your nonimmigrant status
Category 3: You may be in a category, which requires you to file for permission to work
Employment-Based Immigration: First Preference EB-1
One may be eligible for an employment-based, first-preference visa if he/she has an extraordinary ability, is an outstanding professor or researcher, or is a multinational executive or manager. Each occupational category has certain requirements that must be met:
Employment-Based Immigration: Second Preference EB-2
One may be eligible for an employment-based, second preference visa if one is a member of the professions holding an advanced degree or its equivalent, or a foreign national who has exceptional ability.
Employment-Based Immigration: Third Preference EB-3
One may be eligible for EB-3 immigrant visa preference category if he/she is a skilled worker, professional, or other worker. “Skilled workers” are persons whose job requires a minimum of 2 years training or work experience, not of a temporary or seasonal nature .“Professionals” are persons whose job requires at least a U.S. baccalaureate degree or a foreign equivalent and are a member of the professions The “other workers” subcategory is for persons performing unskilled labor requiring less than 2 years training or experience, not of a temporary or seasonal nature
Employment-Based Immigration: Fourth Preference EB-4
You may be eligible for an employment-based, fourth preference visa if you are a special immigrant. The following special immigrants are eligible for the fourth preference visa:
Religious Workers
Broadcasters
Iraqi/Afghan Translators
Iraqis Who Have Assisted the United States
International Organization Employees
Physicians
Armed Forces Members
Panama Canal Zone Employees
Retired NATO-6 employees
Spouses and Children of Deceased NATO-6 employees
Immigrant Investor Program EB-5
USCIS administers the EB-5 Program. Under this program, entrepreneurs (and their spouses and unmarried children under 21) are eligible to apply for a green card (permanent residence) if they:
Make the necessary investment in a commercial enterprise in the United States; and Plan to create or preserve 10 permanent full-time jobs for qualified U.S. workers.
This program is known as EB-5 for the name of the employment-based fifth preference visa that participants receive.
Congress created the EB-5 Program in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. In 1992, Congress created the Immigrant Investor Program, also known as the Regional Center Program. This sets aside EB-5 visas for participants who invest in commercial enterprises associated with regional centers approved by USCIS based on proposals for promoting economic growth.
Equity
The word Equity in its broadest term mean, to follow the Golden Rule or law of Reciprocity: “Do unto others as you would have them do unto you.”
In the context of investment, Equity means an investor’s ownership interest in a company based on the total issued and distributed shares among the shareholders, including common or preferred stock minus Liabilities.
Exchange Visitors
The Exchange Visitor Program is designed to promote mutual understanding/discourse between the people of the United States (U.S.) and the people of other countries through educational and cultural exchanges.
Exchange visitors are foreign nationals who come to the United States to take part in Department of State-designated programs, such as:
Trainees, Professors or Scholars, Students, Specialists, International visitors, Teachers, Research assistants, Physicians, Summer work travel programs, Auto repair programs, Camp counselors, Exclusion/Inadmissibility
Prior to the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, exclusion was the formal term for denial of an alien's entry into the United States. The decision to exclude an alien was made by an immigration judge after an exclusion hearing. Since April 1, 1997, the process of adjudicating inadmissibility may take place in either an expedited removal process or in removal proceedings before an immigration judge.
Executive Office of Immigration Review (EOIR)
The EOIR is an office within the U.S. Department of Justice. Its primary purpose is to adjudicate immigration cases in a careful and timely manner, such cases include, detained and/or criminal foreign nationals and foreign nationals seeking asylum as a form of relief from removal.
EOIR is required by law to ensure that the standards of due process and fair treatment for all parties, is not violated
Expatriation
Expatriation is referred to the act of permanently abandoning one’s own country by renunciation of citizenship. Please note that mere emigration does not mean permanent abandonment of one’s own country.
Expedited Removal
The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 authorized the INS to quickly remove certain inadmissible foreign nationals from the United States. The authority covers foreign nationals who are inadmissible because they have no entry documents or because they have used counterfeit, altered, or otherwise fraudulent or improper documents. This authority covers foreign nationals, who arrive in, attempt to enter, or have entered the United States without having been admitted or paroled by an immigration officer at a port-of-entry.
This law allows the immigration authorities to order the removal of a foreign national without a hearing before an immigration judge. Unless the foreign national can show that he/she has a legal status in the United States or demonstrates a credible fear of persecution if returned to his/her home country.
F-1 Student Visa
The F-1 Visa also known as Academic/Student visa allows one to enter the United States as a full-time student at an accredited college, university, seminary, conservatory, academic high school, elementary school, or other academic institutions or in a language training program.
To qualify, one must be enrolled in a program or course of study that provides a degree such as, diploma, or certificate, upon successful completion. Of course the school must be authorized by the U.S. government to accept international students.
For F-1 students any off-campus employment must be related to their area of study and must be authorized prior to starting any work by the Designated School Official (the person authorized to maintain the Student and Exchange Visitor Information System (SEVIS)) and USCIS.
Federal U.S. Tax Information
The F-1 Visa also known as Academic/Student visa allows one to enter the United States as a full-time student at an accredited college, university, seminary, conservatory, academic high school, elementary school, or other academic institutions or in a language training program.
To qualify, one must be enrolled in a program or course of study that provides a degree such as, diploma, or certificate, upon successful completion. Of course the school must be authorized by the U.S. government to accept international students.
For F-1 students any off-campus employment must be related to their area of study and must be authorized prior to starting any work by the Designated School Official (the person authorized to maintain the Student and Exchange Visitor Information System (SEVIS)) and USCIS.
Federal U.S. Tax Information
Foreign Nationals employed in the U.S. may have a U.S. Tax obligation. Please consult with an experienced Tax Expert or see the Internal Revenue Service (IRS) for more information.
Fiancé (e) Visas K-1 Visa
This class of visa is designed to help Americans, who plan to marry a foreign national, who is residing outside the United States. Once issued, the fiancé (e) visa (or K-1 nonimmigrant visa) allows the fiancé (e) to enter the United States for 90 days so that the marriage ceremony can take place.
Once the marriage takes place, the foreign national spouse may apply for permanent residence and remain in the United States while USCIS processes the application.
Please Note: If the marriage to a foreign national takes place outside the United States or the fiancé (e) is already residing legally in the United States, one does not need to file for a fiancé (e) visa.
Fiscal Year
A Fiscal Year is referred to the twelve-month period beginning October 1 and ending September 30.
Foreign Government Official
A Foreign Government Official is referred to foreign governments’ accredited officials, who come to the United States in a capacity such as ambassadors, public ministers, career diplomats, consular officers, etc., and their spouses, unmarried children under 21, attendants, servants or personal employees.
General Naturalization Provisions
General Naturalization Provisions is referred to the basic requirements for naturalization that every applicant must meet, unless he/she belongs to a special class. There provisions require for instance that an applicant is at least 18 years of age and a lawful permanent resident with five years of continuous residence in the United States; he/she has been physically present in the country for half that period, and establish good moral character for at least that period.
General Partner
General Partner is referred to an owner of a partnership who has personal and unlimited liabilities for financial and operational activities of the business. A general partner is usually a managing partner, who is active in day-to-day operations of the business; whose actions are binding on the partners and the partnership itself.
If a general partner is required to account for the financial obligations of the partnership, his or her personal assets may be subject to liquidation.
Geographic Area of Chargeability
Any one of five regions--Africa, East Asia, Latin America and the Caribbean, Near East and South Asia, and the former Soviet Union and Eastern Europe--into which the world is divided for the initial admission of refugees to the United States. Annual consultations between the Executive Branch and the Congress determine the ceiling on the number of refugees who can be admitted to the United States from each area. Beginning in fiscal year 1987, an unallocated reserve was incorporated into the admission ceilings.
Green Card
“Green Card” is the Symbolic reference to Lawful Permanent Residency status in the United States. The official term for Green Card is “Alien Registration Receipt Card, Form I-551.
In the case of United States v. Campos-Serrano the Supreme Court of the United States referred to this card as an identification document, which the holder may use in lieu of a visa to reenter the United States after TEMPORARY visits abroad.
It is important to know that holding a Green Card does not give an automatic right to the holder to enter the United States. A Green Card holder must still, like other foreign nationals must show that he/she is not excludable on any basis.
H-1B
H-1B Visa Category is a non-immigrant visa devised under United States Nationality Act. This visa enables United States employers to recruit temporary foreign workers for specialty occupations.
Under H-1B a specialty occupation is defined as a job that requires highly skilled knowledge such as IT services, chemistry, medicine, law, arts, etc.
The applicant must also hold at the minimum a bachelor degree or its equivalent.
The H-1B visas are granted for up to three years and may be extended for a maximum of 6 years.
There is an annual cap on the number of H-1B visas, which is currently set at 85,000: and the quota must be available in order to apply. Moreover, the employer must petition for H-1B visas.
H-1B Dependents
H-1B visa holders can bring their spouses and unmarried children under 21 years of age to the US via the H-4 Visa category as dependents. An H-4 Visa holder is allowed to remain in the United States as long as the H-1B visa holder remains in legal status. Generally, H-4 visa holders are not allowed to work in the US. However, they can attend school, obtain drivers licenses and open bank accounts.
H-1C Visa
The H-1C nonimmigrant temporary worker classification is for foreign nurses coming to the United States temporarily to perform services as a registered nurse in a health professional shortage area as determined by the Department of Labor (DOL).
The H-1C nonimmigrant category was introduced in 1999 specifically to address the shortage of nurses in the United States. Applying for an H-1C nonimmigrant visa is a multi-step process that involves coordination from DOL and USCIS. Prior to filing a petition with USCIS for an H-1C visa, DOL must provide an attestation to petitioning hospitals certifying that they meet the qualifications as required by regulation. Among the qualifications, hospitals are required to be located in a “health professional shortage area.”
This classification expired as of December 20, 2009.
H-2A Temporary Agricultural Workers
The H-2A program allows U.S. employers or U.S. agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary agricultural jobs. A U.S. employer or agent is described in the regulations, or an association of U.S. agricultural producers named as a joint employer must file Form I-129 for Nonimmigrant Worker, on a prospective worker’s behalf.
H-2B Temporary Non-Agricultural Workers
The H-2B Visa allows U.S. employers or agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary nonagricultural jobs. A U.S. employer, or U.S. agent must file Form I-129 on behalf of a prospective worker.
H-3 Nonimmigrant Trainee or Special Education Exchange Visitor
The H-3 nonimmigrant visa category allows foreign nationals coming temporarily to the United States as either a:
Trainee to receive training in any field of endeavor, other than graduate medical education or training, that is not available in the foreign national’s home country.
Special Education Exchange Visitor to participate in a special education exchange visitor-training program that provides for practical training and experience in the education of children with physical, mental, or emotional
H-4 Visa
H-4 Visa is designed to help the immediate family members (spouse and unmarried children under 21 years of age) of the H visa holders (H-1A, H-1B, H-2A, H-2B, or H-3) to enter and lawfully reside in the United States. These visas are usually issued at the local US consulate office abroad. However, if the person is already in US, he/she may obtain H-4 status by filing Form I-539 for change of status.
Hemispheric Ceilings
Hemispheric Ceilings is referred to the statutory limitations on immigration to the United States, which was set from 1968 to October 1978.
Mandated by the Immigration and Nationality Act Amendments of 1965, the ceiling on immigration from the Eastern Hemisphere was set at 170,000, with a per-country limit of 20,000.
Immigration from the Western Hemisphere was held to 120,000, without a per-country limit until January 1, 1977. The Western Hemisphere was then made subject to a 20,000 per country limit. Effective October 1978, the separate hemisphere limits were abolished in favor of a worldwide limit.
How is a Regional Center formed?
In order to form a Regional Center, one must submit an I-924 Application to the U.S. Citizenship and Immigration Services (USCIS), for designation. However, while, the USCIS approval is a requirement, it is not an endorsement of any Regional Center, its owners, managers or projects.
I-90 Application to Replace Permanent Resident Card
Form I-90 is used by lawful permanent residents, and permanent residents in commuter status to apply for replacement, if their Green Cards have been lost or renewal of existing Permanent Resident Cards. Conditional permanent residents may also use this form to apply for replacement of an existing Permanent Resident Card. Conditional permanent residents may not use this application to replace, for any reason, an existing Permanent Resident Card that is expired or will expire within 90 days.
I-130 Petition for Foreign Relatives
Form I-130 is an essential document to establish the existence of a familial relationship between someone who is a United Sates Citizen or a Lawful Permanent Resident and other Foreign Nationals.
Submission of I-130 is the first step in a two-step immigrant visa issuance process.
I-131, Application for Travel Document
I-131, Application for Travel Document, is used to apply for three different types of travel documents:
- Advance Parole
- Refugee Travel Document
- Re-Entry Permit
WARNING: If you have lived in the United States illegally, then you may be subject to a bar to admission if you depart the United States, even if you have been issued a travel document. Please consult with an Ethical, Competent and Compassionate Immigration Lawyer, prior to leaving the United States.
I-485 Application to Register Permanent Residence or Adjust Status
This form is used by a person who is in the United States to apply to U.S. Citizenship and Immigration Services (USCIS) to adjust to permanent resident status or register for permanent residence.
This form may also be used, by certain Cuban nationals, who wish to request a change in the date, which their permanent residency status began.
I-526 Immigrant Petition by EB-5 Entrepreneur
This form must be filed by an EB-5 Investor/Entrepreneur to petition the United States Citizenship and Immigration Services (USCIS) for an immigrant visa under section 203(b)(5) of the Immigration and Nationality Act, as amended.
An Investor is eligible to file this petition for if she/he has established a new commercial enterprise:
1. In which he/she will engage in a managerial or policy- making capacity;
2. In which he/she has invested or is actively in the process of investing the amount required for the area in which the enterprise is located;
3. Which will benefit the U.S. economy; and
4. Which will create at least 10 full-time jobs for
U.S. citizens, permanent residents, or other immigrants authorized to be employed, other than himself/herself, spouse, children, or any nonimmigrant foreign nationals.
Establishment of a new commercial enterprise may include:
1. Creation of a new business;
2. Purchase of an existing business with simultaneous or subsequent restructuring or reorganization resulting in a new commercial enterprise; or
3. Expansion of an existing business through investment of the amount required, so that a substantial change (at least 40 percent), in either the net worth, number of employees, or both results.
I-539 Application to Extend/Change Nonimmigrant Status
Form I-539 is used to by nonimmigrants who wish to apply to U.S. Citizenship and Immigration Services (USCIS) for an extension of their Visa or change to another nonimmigrant status, before the current authorized stay expires.
It is suggested that this application be filed at least 45 days before the current visa expires.
I-751 Petition to Remove Conditions on Residence
This form is used by a conditional resident, who obtained status through marriage, to request that the U.S. Citizenship and Immigration Services (USCIS) remove the conditions on his/her residence
I-765 Application for Employment Authorization
This form must be filed by Foreign Nationals, who are temporarily in the United States, in order to request an Employment Authorization Document (EAD). Even the Foreign Nationals, who are authorized to work without restrictions, must use this form to apply to USCIS for a document that shows such authorization.
If you are a lawful permanent resident, a conditional resident, or a nonimmigrant authorized to be employed with a specific employer under 8 CFR 274a.12(b), do not use this form.
I-829 Petition by Entrepreneur to Remove Conditions on Permanent Resident Status
The form I-829 is for EB-5 Investor Immigrants to request the United States Citizenship and Immigration Services (USCIS) remove the conditions on their, and certain dependents’, permanent resident status, which they obtained based on investment in a commercial enterprise.
The applicant must file this form within 90-days before the second anniversary of obtaining conditional permanent resident status.
If you properly file this petition with USCIS before your conditional permanent resident status is terminated, your conditional permanent resident status is extended for one year. You will receive a filing receipt that you should carry with your Permanent Resident Card (Green Card).
If you fail to file this petition within the mandated 90-days period, USCIS will terminate your conditional permanent resident status and you will become removable from the United States. However, if your failure to file within that 90-day period was for good cause and due to justifying circumstances, you may file your petition late with a written explanation and request that USCIS, in its discretion, excuse your late filing.
I-924 Application for Regional Center Under the Immigrant Investor Pilot Program
The form I-924 must be filed by those who wish to apply to the United States Citizenship and Immigration Services (USCIS) in order to request designation of an entity to be a Regional Center under the Immigrant Investor Pilot Program.
The same form can also be used to request approval of an amendment to a previously approved regional center.
I-924A Supplement to Form I-924
This form may be filed by an individual who has the executive or managerial authority to act on behalf of a Regional Center.
The purpose of Form I-924A is to demonstrate that a Regional Center is continually eligible to function as a Regional Center. Each designated Regional Center entity must file a Form I-924A for each fiscal year (October 1 through September 30) within 90 days after the end of the fiscal year (on or before December 29) of the calendar year in which the fiscal year ended.
Failure to timely file a Form I-924A for each fiscal year in, which the regional center has been designated for participation in the Immigrant Investor Pilot Program, will result in the issuance of intent to terminate. Failure to timely comply with the requirements may result in the termination of the approval and designation of the regional center.
Immediate Relatives
Immediate Relatives are referred to spouses of citizens, children (under 21 years of age and unmarried) of citizens, and parents of citizens 21 years of age or older. Immediate Relatives are are exempt from the numerical limitations imposed on immigration to the United States
Immigration
Immigration is referred to the action of a foreign person entering another country with the purpose of living there permanently.
Immigration Law is referred to the set of rules, conditions and requirements set out by a country, under which it will admit a foreign person into its domain.
Immigration Lawyers
Immigration attorneys or lawyers help people to obtain United States Immigration benefits, such as immigrant or nonimmigrant visas, defend against unlawful deportation orders, adjustment of status or becoming a citizen, etc.
The United State Law does not require that a competent individual retain a lawyer, in order to petition the Government for a Benefit. In fact “Pro Se” or self-representation is widely allowed. However, due to the convoluted and complicated Immigration..
J-1 Exchange Visitors
The J-1 classification (exchange visitors) is authorized for those who intend to participate in an approved program for the purpose of teaching, instructing or lecturing, studying, observing, conducting research, consulting, demonstrating special skills, receiving training, or to receive graduate medical education or training.
In carrying out the responsibilities of the Exchange Visitor Program, the Department of State designates public and private entities to act as exchange sponsors. These programs are designed to promote the interchange or persons, knowledge, and skills, in the fields of education, arts, and science.
Examples of exchange visitors include, but are not limited to:
- Professors or scholars
- Research assistants
- Students
- Trainees
- Teachers
- Specialists
- Nannies/Au pairs
- Camp counselors
J-2 Visa
J-2 visa is referred to the type of non-immigrant visa issued for spouses and dependents of J-1 exchange visitor visa holders.
J-2 visa holder may request work authorization from United States Citizenship and Immigration Services (USCIS) by submitting form I-765.
If approved, an Employment Authorization Document (EAD) will be issued, authorizing the J-2 visitor for employment for a period of up to one year.
Joint Venture
A joint venture (JV) is referred to a type of business arrangement, where two or more persons (Legal or Natural) agree to accomplish a specific task, such as building a Hotel. In a joint venture (JV), each of the participants is responsible for profits, losses, costs and liabilities associated with it. However, the venture is a separate entity, distinct and apart from the owners and operators.
Although a Joint Venture is a form of partnership, it can be a Corporation, Partnership or a Limited Liability Company.
K-1 Visa
This class of visa is designed to help Americans, who plan to marry a foreign national, who is residing outside the United States. Once issued, the fiancé (e) visa (or K-1 nonimmigrant visa) allows the fiancé (e) to enter the United States for 90 days so that the marriage ceremony can take place.
Once the marriage takes place, the foreign national spouse may apply for permanent residence and remain in the United States while USCIS processes the application.
Please Note: If the marriage to a foreign national takes place outside the United States or the fiancé (e) is already residing legally in the United States, one does not need to file for a fiancé (e) visa.
K-2
K-2 is referred to the category of visa designated for the minor child of a U.S. Citizen’s fiancé.
K-3/K-4 Visas
Immigration law allows the Foreign National spouse of a U.S. citizen and his or her minor children to be admitted to the United States as nonimmigrants while they are awaiting the adjudication of a Form I-130 Petition for Foreign National’s Relative. It also allows them to obtain employment authorization while they are waiting.
Eligibility:
To be eligible for a K-3 nonimmigrant visa, an individual must:
Be married to a U.S. citizen
Have a pending Form I-130, Petition for Alien Relative, filed by the U.S. citizen spouse on his or her behalf
A child may be eligible for a K-4 visa if:
He or she is unmarried, under 21, and the child of a qualified K-3 nonimmigrant visa applicant
Note: In order for a K-4 who is a step-child of a U.S. citizen to immigrate as a relative of the U.S. citizen step-parent (whether through adjustment of status in the United States or an immigrant visa abroad) the marriage between his or her parent and the U.S. citizen must have occurred before his or her 18th birthday.
L-1A Intra-company Transferee Executive or Manager
The L-1A nonimmigrant classification enables a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company, which does not yet have an affiliated U.S. office to send an executive or manager to the United States with the purpose of establishing one. The employer must file a Form I-129, Petition for a Nonimmigrant Worker, on behalf of the employee.
L-2 Visa
A transferring employee may be accompanied or followed by his/her spouse and unmarried children who are under 21 years of age. Such family members may seek admission in L-2 nonimmigrant classification and, if approved, generally will be granted the same period of stay as the employee.
If these family members are already in the United States and seeking change of status to or extension of stay in L-2 classification, they may apply collectively submit the Form I-539, Application to Change/Extend Nonimmigrant Status
Labor Certification
Labor Certification is a required step for U.S. employers seeking to employ certain persons whose immigration to the United States is based on job skills or nonimmigrant temporary workers coming to perform services for which qualified authorized workers are unavailable in the United States. Labor certification is issued by the Secretary of Labor and contains attestations by U.S. employers as to the lack of U.S. workers to undertake the employment sought by an applicant, and the effect of the foreign national’s employment on the wages and working conditions of U.S. workers similarly employed. Determination of labor availability in the United States is made at the time of a visa application and at the location where the applicant wishes to work
Lawyer–Client Privilege
Attorney-Client or Lawyer-Client Privilege is one of the eldest evidentiary rules recognized by the United States jurisprudence. This important privilege protects: “all confidential communications made by the client to the lawyer for the purpose of facilitating the rendition of professional legal services.”
In other words, the Client has the privilege to refuse to disclose his/her confidential communications with the lawyer, regarding a legal issue, and prevent the lawyer from disclosing such information. With a few rare exceptions, the court neither can compel the client nor the lawyer to disclose the confidential communications between them.
Once established, the Attorney-Client privilege provides what has been referred to as “absolute protection:” protecting information against disclosure regardless of the need or good cause for that information shown by another party.
The Attorney-Client Privilege is recognized in all states of the Union. The American Bar Association has officially endorsed this privilege, based on the theory that preserving client confidences serves a compelling public interest; because people are more likely to seek legal advice, and resolve their legal problems lawfully, if they know that their communications will be private and protected for life!
This privilege covers lawyers, their employees, agents and the client’s necessary companions such as translators, employees, agents, etc.
The Attorney-Client Privilege attaches, even if after the Free or Paid Consultation, the lawyer does not take the case or client decides not to hire the lawyer.
In fact Attorney-Client privilege attaches as long as the client reasonably believes that the person he/she is consulting with is a lawyer, authorized to practice law. Thus, if the lawyer is a fraud or has been disbarred, etc., as long as the client’s belief is reasonable, the communication is privileged and protected by law!
Legalization Dependents
A maximum of 55,000 visas were issued to spouses and children of foreign nationals legalized under the provisions of the Immigration Reform and Control Act of 1986 in each of fiscal years 1992-94.
Legitimated
Most countries have legal procedures for natural fathers of children born out of wedlock to acknowledge their children. A legitimated child from any country has two legal parents and cannot qualify as an orphan unless:
- only one of the parents is living, or
- both of the parents have abandoned the child
Legal Immigration and Family Equity (LIFE) Act
The Legal Immigration and Family Equity (LIFE) Act amendments of 2000 added the K-3 visa category for foreign spouses and K-4 category for stepchildren of U.S. citizens. Due to a backlog of immigrant visa petitions (Forms I-130, Petition for Alien Relative) at that time, a long separation could occur between the overseas fiancé(e) and their intended U.S. citizen spouse. To prevent a long separation, U.S. citizens were allowed to file an additional petition on Form I-129F while their Form I-130 was pending to allow their foreign spouses and his/her minor children to come to the United States as nonimmigrants in an expedited manner.
The LIFE Act requires applicants to apply for a K-3 visa in the country where their marriage to the U.S. citizen petitioner occurred, or in the event the petitioner and applicant were married in the United States, the country of the applicant’s current residence. After arrival in the United States, they could then complete their processing for permanent residence.
Limited Liability Company (LLC)
A Limited Liability Company is a hybrid type of legal structure that provides the limited liability features of a corporation and the tax efficiencies and operational flexibility of a partnership.
The "owners" of an LLC are referred to as "members." Depending on the state, the members can consist of a single individual (one owner), two or more individuals, corporations or other LLCs.
Unlike shareholders in a corporation, LLCs are not taxed as a separate business entities. Instead, all profits and losses are "passed through" the business to each member of the LLC. LLC members report profits and losses on their personal federal tax returns, just like the owners of a partnership would.
Limited Liability Company (LLC) is a new form of organization, which has been recognized by all States, since the 1990s.
Main features:
Those who have an interest in a Limited Liability Company (LLC) are referred to a “Members” rather than “Partners” in a Partnership.
a) Members can Limit their liability to the amount invested
b) Members can choose to be taxed either as a corporation or as a partnership
Limited Liability Partnership (LLP)
In a Limited Liability Partnership (LLP), partners must file a formal statement of election with the Secretary of State. Once the partners file the statement of election, generally, no partner will be liable for the debts of the LLP beyond their agreed and/or contributed amounts.
LLP organizations are mostly preferred by professionals such as Lawyers and Accountants. The main reason for this election is that individual partners are, generally, not liable for acts of malpractice committed by other partners.
Limited Partnership (LP)
All States allow the formation of an organization called: Limited Partnership.
Unlike General Partnerships, in order to create a Limited Partnership, the partners must file a formal statement of organization with the Secretary of State, and draw up a written agreement amongst them.
In a Limited Partnership there are two types of partners:
c) One or more General Partners, who are personally liable for the debts and obligations of the partnership.
d) One or more Limited Partners, who are not liable beyond their contributed amounts to the partnership.
Lobbyist
A Lobbyist is a person who tries to influence the
decisions made by officials of a government, such as legislators.
Despite the fact that majority of constituents equate the act of lobbying as..
M-1 Student Visa
The M-1 Visa is in Vocational Student category, which includes students in vocational (job-related) or other nonacademic programs, other than language training.
For M-1 students any off-campus employment must be related to their area of study and must be authorized prior to starting any work by the Designated School Official (the person authorized to maintain the Student and Exchange Visitor Information System (SEVIS)) and USCIS.
M-2 Visa
M-2 nonimmigrant visa is designated for the spouse and/or qualifying children of a M-1 Student Visa holder
Metropolitan Statistical Area (MSA)
A Metropolitan Statistical Area (MSA) is referred to the core area with a large population and the adjacent communities, which have high degrees of social and economic integration, with the core.
The US Office of Management & Budget (OMB) defines the boundaries of a MSA. Generally, counties containing at least one city or urbanized area with a population of at least 50,000 and a total metropolitan population of at least 100,000 qualified as a MSA.
If a MSA has one million or more people, it may be recognized as a Consolidated Metropolitan Statistical Area (CMSA). New England is an exception.
Migrant
A Migrant is a person who leaves his/her country of permanent residency in order to seek residence in another country.
Mezzanine Financing
Mezzanine financing is referred to a hybrid type of debt and equity arrangement, which gives the lender the right to convert its loan into an equity interest (ownership) in a company, in case of default.
Lenders usually provide mezzanine capital, without in depth due diligence and no collateral. Mezzanine Loan can be structured as unsecured and subordinated debt or preferred stock, which is senior only to that of the common shares.
This is why Mezzanine financing is often more expensive form of financing than secured debts.
N-400 Application for Naturalization
Form N-400 is an application to become a naturalized U.S. citizen.
If you wish to adjust your status from lawful permanent residency or your biological or any of your legal adoptive mother or father is a U.S. citizen by birth, or was naturalized before you reached your 18th birthday, you may already be a U.S. citizen.
N-565 Application for Replacement Naturalization/Citizenship Document
You must use form N-565 in order to apply for a replacement to your Naturalization/Citizenship Document.
The completed form must be filed with the U.S. Citizenship and Immigration Services (USCIS) for a replacement of a:
1. Certificate of Naturalization;
2. Certificate of Citizenship;
3. Declaration of Intention;
4. Repatriation Certificate; or
5. To apply for a special certificate of naturalization to be recognized as a U.S. citizen by a foreign country.
N-600 Application for Certificate of Citizenship
This form is an application for a Certificate of Citizenship. You should file this application if you are requesting a Certificate of Citizenship because you were born outside the United States to a U.S. citizen parent; or If you are requesting a Certificate of Citizenship because you automatically became a citizen of the United States after birth, but before you turned 18 years old. (A parent or legal guardian can also file Form N-600 on behalf of a minor child.)
NACARA
Nicaraguan Adjustment and Central American Relief Act.
National
A national of a country is referred to a person owing permanent allegiance to that state.
National Visa Center
After the United States Citizenship and Immigration Services (USCIS) approves an immigrant visa petition (application), it forwards the approval to the National Visa Center (NVC) located in Portsmouth, NH. The NVC collects visas and all the supporting evidence that is submitted by the petitioners (visa applicants). The NVC makes this information accessible for U.S. embassies and consulates so the information can be accessed during interviews conducted at U.S. embassies and consulates abroad.
Naturalization
Naturalization is the process by, which U.S. citizenship is granted to a foreign national after he/she has fulfilled the requirements established by Congress in the Immigration and Nationality Act (INA).
Nonimmigrant
Nonimmigrant is referred to a foreign national who seeks temporary entry to United States for a specific purpose. The foreign national must have a permanent residence abroad (for most classes of admission) and qualify for the nonimmigrant classification sought. The nonimmigrant classifications include: foreign government officials, visitors for business and for pleasure, aliens in transit through the United States, treaty traders and investors, students, international representatives, temporary workers and trainees, representatives of foreign information media, exchange visitors, fiancé of a U.S. citizen, intra-company transferee, NATO official, religious worker, and some other. Most nonimmigrants can be accompanied or joined by spouses and unmarried minor (or dependent) children.
Nonimmigrant Visa
A nonimmigrant visa is issued to someone who lives in another country and wishes to come to the United States for a specific purpose and time.
Non-preference Category
Non-preference visas were available to qualified applicants not entitled to a visa under the preference system, until the category was eliminated by the Immigration Act of 1990. Non-preference visas for persons not entitled to the other preferences had not been available since September 1978 because of high demand in the preference categories. An additional 5,000 Non-preference visas were available in each of fiscal years 1987 and 1988 under a provision of the Immigration Reform and Control Act of 1986. This program was extended into 1989, 1990, and 1991 with 15,000 visas issued each year. Foreign Nationals born in countries from which immigration was adversely affected by the Immigration and Nationality Act Amendments of 1965 (Public Law 89-236) were eligible for the special Non-preference visas.
Nonrecourse Debt/Loan
A non-recourse debt or a nonrecourse loan is a type of debt/loan, which is secured by a pledge of collaterals such as real estate, equipment, vehicles, etc., but for which the borrower is not personally liable.
In other words, if the borrower/debtor defaults on payments, the lender can seize the pledged collateral itself. Thus if the value of the ceased property is less than the amount of the debt/loan, the lender cannot seek deficiency payments from the borrower: the recovery is limited only to the value of the collateral.
North American Free-Trade Agreement (NAFTA)
The Public Law 103-182 (Act of 12/8/93) superseded the United States-Canada Free-Trade Agreement as of 1/1/94. It continues the special, reciprocal trading relationship between the United States and Canada (see United States-Canada Free-Trade Agreement), and establishes a similar relationship with Mexico.
Nursing Relief Act of 1989
Public Law 101-238 (Act of 12/18/89), provides for the adjustment to permanent resident status of certain nonimmigrants who as of September 1, 1989, had H-1 nonimmigrant status as registered nurses; who had been employed in that capacity for at least 3 years; and whose continued nursing employment meets certain labor certification requirements.
O-1 Visa
The O-1 Nonimmigrant Visa is for the individuals who possess extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements.
The O nonimmigrant classification is commonly referred to as:
O-1A Visa
O-1A Visa is designated for individuals with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television industry)
O-1B Visa
O-1B Visa is designated for individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry
O-2 Visa
O-2 Visa is designated for individuals who will accompany an O-1, artist or athlete, to assist in a specific event or performance. For an O-1A, the O-2’s assistance must be an “integral part” of the O-1A’s activity. For an O-1B, the O-2’s assistance must be “essential” to the completion of the O-1B’s production. The O-2 worker must have critical skills and experience with the O-1 that cannot be readily performed by a U.S. worker and which are essential to the successful performance of the O-1
O-3 Visa
O-3 Visa is designated for individuals who are the spouse or children of O-1’s and O-2’s
Orphan
The Immigration and Nationality Act defines an orphan, for the purposes of immigration to the United States, as a child whose both parents disappear, abandon or desert the child. The child of an unwed mother or surviving parent may be considered an orphan if that parent is unable to care for the child properly and has, in writing, irrevocably released the child for emigration and adoption. The child of an unwed mother may be considered an orphan, as long as the mother does not marry (which would result in the child's having a stepfather) and as long as the child's biological father has not legitimated the child. If the father legitimates the child or the mother marries, the mother is no longer considered a sole parent. The child of a surviving parent may also be an orphan if the surviving parent has not married since the death of the other parent (which would result in the child's having a stepfather or stepmother).
In order to qualify as an immediate relative, the orphan must be under the age of sixteen at the time a petition is filed on his or her behalf. To enter the United States, an orphan must have been adopted abroad by a U.S. citizen (and spouse, if married) or be coming to the United States for adoption by a citizen.
Note: Prospective adoptive parents should be sure that a child fits the definition of "orphan" before adopting a child from another country, because not all children adopted abroad meet the definition of "orphan," and therefore may not be eligible to immigrate to the United States.
Out of Wedlock
A child born to parents, who were not legally married to each other, at the time of the child’s birth.
Note: Adoptive and prospective adoptive parents of a child who was born out of wedlock in any country should find out whether or not the child has been legitimated.
P-1A Visa
The P-1A classification visa is designated for Internationally Recognized Athlete, who wishes to enter the U.S. temporarily to perform, at an internationally recognized level.
P-1B Visa
P-1B Visa is devised for Members of an Internationally Recognized Entertainment Group, who wish to travel to the United States temporarily to perform as a member of an entertainment group that has been recognized internationally as outstanding in the discipline for a sustained and substantial period of time.
P-2 Visa
The P-2 classification applies to those coming to the United States, temporarily, to perform as an artist or entertainer, individually or as part of a group; who will perform under a reciprocal exchange program between an organization in the United States and an organization in another country.
P-3 Visa
The P-3 Visa is designed for an Artist or Entertainer coming to the United States, temporarily, in order to perform, teach or coach as artists or entertainers, individually or as part of a group, under a program that is culturally unique.
P-4 Visa
The P-4 Visa is designed for the spouse and unmarried children under 21 years of age of P-1, P-2 and P-3 athletes, artists and entertainers to accompany them to the U.S.
Parolee
A parolee is a foreign national, appearing to be inadmissible to the inspecting officer, but allowed into the United States for urgent humanitarian reasons or when that foreign national’s entry is determined to be for significant public benefit.
A beneficiary of Advance Parole is also referred to as a Parolee. Advance Parole is designed to help a foreign national residing in the United States under an status other than lawful permanent resident residency, who has an unexpected need to travel and return, and whose conditions of stay does not otherwise allow for readmission to the United States if they depart. A Parole does not constitute a formal admission to the United States and confers a temporary status only, which requires the Parolee to leave when the conditions supporting their parole cease to exist or their status changes to Lawful Permanent Residency.
Per Country Limit Visa
The maximum number of family-sponsored and employment-based preference visas that can be issued to citizens of any country in a fiscal year. The limits are calculated each fiscal year depending on the total number of family-sponsored and employment-based visas available.
No more than 7 percent of the visas may be issued to natives of any one independent country in a fiscal year; no more than 2 percent may issued to any one dependency of any independent country.
The per-country limit does not indicate, however, that a country is entitled to the maximum number of visas each year, just that it cannot receive more than that number.
Permanent Resident Alien
The somewhat derogatory term, Permanent Resident (Alien) is referred to a foreign national, who is admitted to the United States as a lawful permanent resident. Permanent residents are also commonly referred to as immigrants; however, the Immigration and Nationality Act (INA) broadly defines an immigrant as any foreign national in the United States, except one legally admitted under specific nonimmigrant categories (INA section 101(a)(15)). An illegal foreign national who entered the United States without inspection, for example, would be strictly defined as an immigrant under the INA but is not a lawful permanent resident.
Lawful permanent residents are legally accorded the privilege of residing permanently in the United States. They are issued immigrant visas by the Department of State overseas or adjusted to permanent resident status by U.S. Citizenship and Immigration Services in the United States.
Petition
A petition, for immigration purposes, is a formal written request made to the Appropriate Authorities for a specific benefit, i.e. visa, adjustment of status, etc.
Petitioner
Petitioner is a person or entity that makes the formal request for a specific benefit.
Port of Entry
A Port of Entry is referred to any location in the United States and its territories, which is designated as a point of entry for foreign nationals, and the United States Citizens.
All district and files control offices are also considered ports, since they become locations of entry for foreign nationals’ adjusting their statuses.
Preferred stock
Preferred stock is referred to a stock type that has preferential rights in comparison to common stock. Such rights include payments of dividends and amounts distributable on liquidation.
Preferred stocks enjoy seniority to common stock, but are subordinate to bonds in terms of claims or rights to share of assets of a company and payment of dividends or upon winding down and liquidation.
Preference System (Immigration Act of 1990)
The preference system is a method of distributing the limited number of immigrant visa numbers available each year.
Since fiscal year 1992, there are nine categories among which the family-sponsored and employment-based immigrant preference visas are distributed.
1) Family Preference Category:
Some relatives of a U.S. citizen or permanent resident who are not known as an "immediate relative" may qualify to apply for permanent residency. However, they must wait in order of priority described below, until a visa becomes available to them:
- First Preference (F1): Unmarried, adult (21 years of age or older) sons and daughters of U.S. citizens
- Second Preference A (F2A): Spouses of permanent residents and the unmarried children (under the age of 21)) of permanent residents
- Second Preference B (F2B): Unmarried sons and daughters (21 years or age or older) of permanent residents
- Third Preference (F3): Married sons and daughters of U.S. citizens, their spouses and their minor children
- Fourth Preference (F4): Brothers and sisters of adult U.S. citizens, their spouses and their minor children
The employment-based preferences are:
You may be eligible for an employment-based visa to the United States based on the following Preference Based Categories:
1) Priority workers (persons of extraordinary ability, outstanding professors and researchers, and certain multinational executives and managers);
2) Professionals with advanced degrees or aliens with exceptional ability;
3) Skilled workers, professionals (without advanced degrees), and needed unskilled workers;
4) Special immigrants; and
5) Employment creating immigrants (investors).
Pre-inspection
Pre-inspection is referred to a complete immigration inspection of airport passengers before departure from a foreign country. No further immigration inspection is required upon arrival in the United States other than submission of Form I-94 for nonimmigrant foreign nationals.
Premium Processing Service
Premium Processing Service provides expedited processing for certain employment-based petitions and applications.
The United States Citizenship and Immigration Services (USCIS) guarantees 15-Calendar Day processing to those petitioners or applicants who choose to use this service. If USCIS does not comply with the 15 days processing time, then it will refund the Premium Processing Service Fee. Even if the fee is refunded, the subject case will continue to receive expedited processing.
The 15 -Calendar day period will begin when USCIS receives the current version of Form I-907.
USCIS will issue an approval notice, a denial notice, a notice of intent to deny, a request for evidence or open an investigation for fraud or misrepresentation within the 15-Calendar day period.
Principal Alien
rincipal Alien is referred to the foreign national who applies for immigrant status and from whom another foreign national may derive lawful status under immigration law or regulations (usually spouses and minor..
Q-1 Visa
The Q-1 is a nonimmigrant visa for participation in certain international cultural exchange programs. These programs are designed to provide practical training and employment and allow program participants to share the history, culture, and traditions of their home countries in the United States.
A person, who wishes to participate in an international cultural exchange program; must be approved, in advance, by the United States Citizenship and Immigration Services (USCIS), on the basis of a petition filed by the U.S. sponsor.
Q-2 Visa
Q-2 Visa also known as the Irish Peace Process Cultural and Training Program, is designated for humanitarian policies exclusively for the Irish nationals, to provide an opportunity for the young people in areas that have a long history of violence and chronic unemployment to learn job skills and conflict resolution.
The following requirements must meet the approval for Q-2 Visa:
a) The applicant must be from Northern Ireland or one of the countries in the Republic of Ireland that borders Northern Ireland.
b) The applicant must be of 35 years or under at the time of his/her entry into the US.
c) The applicant must have resided in a qualifying location (Northern Ireland or one of the six countries in the Republic of Ireland) for at least three months prior to submitting an application for Q-2 Visa.
Please Note: The Q nonimmigrant visa does not have a provision for any spouse or children to accompany or follow to join a Q-1 nonimmigrant. Therefore, any spouse or children must qualify for a visa classification for which they may be eligible.
R-1 Visa
R-1 is a Nonimmigrant Visa designated for foreign nationals who are coming to the United States temporarily to be employed as a minister or in another religious vocation or occupation, for an average of at least 20 hours per week.
R-2 Visa
An R-1 religious worker’s spouse and unmarried children under the age of 21 may be eligible for R-2 classification. An R-2 dependent is not authorized to accept employment based on this visa classification.
Refugees
Under United States laws, a refugee is someone who:
A) Is located outside of the United States
B) Is of special humanitarian concern to the United States
C) Demonstrates that they were persecuted or fear persecution due to race, religion, nationality, political opinion, or membership in a particular social group
Is not firmly resettled in another country
D) Is admissible to the United States
A refugee does not include anyone who ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion.
Refugee Approvals
The number of refugees approved for admission to the United States during a fiscal year. Immigration and Naturalization Service officers in overseas offices make refugee approvals.
Refugee Arrivals
The number of refugees the Immigration and Naturalization Service initially admits to the United States through ports of entry during a fiscal year.
Refugee Authorized Admissions
This term refers to the maximum number of refugees allowed to enter the United States in a given fiscal year. As set forth in the Refugee Act of 1980 (Public Law 96-212) the President determines the annual figure after consultations with Congress
Refugee-Parolee
A refugee-parolee is referred to a qualified applicant for conditional entry, between February 1970 and April 1980, whose application for admission to the United States could not be approved because of inadequate numbers of seventh preference visas. As a result, the applicant was paroled into the United States under the parole authority granted to the Secretary of Homeland Security.
Removal
The term removal is referred to the deportation or expulsion of a Foreign National from the United States. This decision may be based on grounds of inadmissibility or deportability.
Resettlement
Resettlement is referred to the permanent relocation of refugees in a place outside their country of origin, which allows them to establish residence and become productive members of society there. Refugee resettlement is accomplished with the direct assistance of private voluntary agencies working with the Department of Health and Human Services Office of Refugee Resettlement.
Rural Area
In the context of EB-5 Investment Visa Program, a rural area is referred to any area outside a metropolitan statistical area (as designated by the Office of Management and Budget) or outside the boundary of any city or town having a population of 20,000 or more according to the decennial census.
S-Visa
The S Visa category is designated to foreign nationals who are informants or witnesses to crimes, and they are ready, willing and able to assist the United States Law Enforcement to investigate and prosecute crimes and terrorist activities. Until 1994, there was no separate classification for such people. Instead, they were admitted into the US in parole status. In 1994, The Violent Crime Control and Law Enforcement Act created the S category. There are two types of S visas, the S-5 and S-6.
S-5 Visa
In order for a foreign national to qualify for a S-5 Visa, an interested federal or state law enforcement authority (LEA) must request and the Commissioner must approve that the witness or informant in a criminal matter:
(i) Possesses critical reliable information concerning a criminal organization or enterprise;
(ii) Is willing to supply, or has supplied, such information to federal or state LEA; and
(iii) Is essential to the success of an authorized criminal investigation or the successful prosecution of an individual involved in the criminal organization or enterprise.
S-6 Visa
In order for a foreign national to qualify for a S-6 Visa, the Secretary of State and the Commissioner, acting jointly, in the exercise of their discretion, must determine that the witness or informant in a counterterrorism matter:
(i) Possesses critical reliable information concerning a terrorist organization, enterprise, or operation;
(ii) Is willing to supply or has supplied such information to a federal LEA;
(iii) Is in danger or has been placed in danger as a result of providing such information; and
(iv) Is eligible to receive a reward under section 36(a) of the State Department Basic Authorities Act of 1956, 22 U.S.C. 2708(a).
S-7 Visa,
The S-7 Visa is designated for successful S-5 and S-6 Visa recipients’ spouses, married or unmarried children, or their parents.
The approved S-7 applicants can either accompany or follow to join the foreign national witness or informant, if in the exercise of discretion by the Commissioner, or the Secretary of State and the Commissioner, acting jointly, consider it to be appropriate.
Safe Haven
Temporary refuge given to migrants who have fled their countries of origin to seek protection or relief from persecution or other hardships, until they can return to their countries safely or, if necessary until they can obtain permanent relief from the conditions they fled.
SEC
The U.S. Securities and Exchange Commission (SEC) is a United States Federal Government agency primarily responsible for enforcing the federal securities laws, proposing securities rules, and regulating the securities industry, the nation's stock and options exchanges.
Section 4 of the Securities Exchange Act created the SEC, in 1934.
SEC highly regulates the EB-5 Investment Visa Program’s security offerings and regional centers.
Securities
Securities are tradable financial assets. The term commonly refers to any form of financial instrument, but its legal definition varies by jurisdiction.
The United States Securities and Exchange Commission (SEC) hold securities to strict regulations. EB-5 investments may be subject to strict SEC oversight unless the EB-5 applicant qualifies as an accredited investor.
Source of Fund
As a part of the requirements to apply for an EB-5 Investment Visa, the applicant must show that the investment funds were obtained through lawful means.
Service Center
Service Center is referred to the offices established to handle the filing, data entry, and adjudication of certain applications for immigration services and benefits.
Special Agricultural Workers (SAW)
SAW refers to the Foreign Nationals, who performed labor in perishable agricultural industry for a specified period of time and were admitted for temporary and then permanent residence under a provision of the Immigration Reform and Control Act of 1986.
Special Immigrants
Special Immigrant is referred to a person who qualifies for a green card (permanent residence) under the United States Citizenship and Immigration Services (USCIS) special immigrant program.
In order to apply for immigration documents under this status, an individual must fill out a petition documenting his or her circumstances and submit the petition to USCIS. Here is a list of special immigrant group:
1) Religious Workers
2) Panama Canal Company or Canal Zone Government Employees
3) International Organizations’ Employees and Family Members
4) Broadcasters
5) NATO-6 Nonimmigrant
6) Physician National Interest Waiver
7) Juvenile Court Dependents
8) Armed Forces members
9) Afghan or Iraq nationals who supported the U.S. Armed Forces as
Translators
10) Iraq nationals who worked for or on behalf of the U.S. Government in Iraq
Sponsor
There are many ways to sponsor a foreign national. In the immigration field, the term "sponsor" often means to bring to the United States or "petition for".
One may wish to sponsor, or petition for, a relative; sponsor, or petition for, an employee; sponsor, or petition for, an overseas orphan;
a refugee or an asylee may wish to sponsor or petition for a relative, etc.
Another meaning of the term "sponsor" is a person who completes Form I-864, Affidavit of Support Under Section 213A of the Act. This type of sponsorship is not, however, the first step in any immigration process.
Stateless
A person, who has no ascertainable nationality, is referred to as: Stateless.
Status
When a foreign national enters the U.S., she/he acquires a status vis-à-vis the conditions of her/his legal presence within the U.S.
Stowaway
Under immigration law a stowaway is referred to a foreign national entering the United States, surreptitiously, aboard an airplane or vessel without legal status of admission. Such a person is subject to denial of formal admission and may be returned to the point of embarkation by the transportation carrier.
Student
In the context of Immigration-Law, a Student is a foreign national, who is coming, temporarily, to the United States to pursue a full course of study in an approved program in either an academic (college, university, seminary, conservatory, academic high school, elementary school, other institution, or language training program) or a vocational or other recognized nonacademic institution.
Subject to the Numerical Limit
Some categories of legal immigration are subject to annual limits under the provisions of the flexible numerical limit of 675,000 set by the Immigration Act of 1990. The largest categories are: family-sponsored preferences; employment-based preferences; and diversity immigrants.
Sub Offices
Offices found in some Districts that serve a portion of the District's jurisdiction. A Sub-office, headed by an Officer-in-Charge, provides many services and enforcement functions. Their locations are determined, in part, to increase convenience to INS' customers.
Subscription Agreement
A Subscription Agreement is an Application by an investor, who wishes to join a Limited Partnership or to sell stocks in a Private Company.
The Prospective Limited Partner (Investor) must fill out a form documenting the Investor’s suitability for the Investment in the Partnership.
T-1 Visa
In October 2000, Congress created the “T” nonimmigrant status by passing the Victims of Trafficking and Violence Protection Act (VTVPA).
The objective of this legislation is to strengthen the ability of law enforcement agencies to investigate and prosecute human trafficking, and also offer protection to victims.
Human trafficking, also known as trafficking in persons, is a form of modern-day slavery in which traffickers lure individuals with false promises of employment and a better life.
Traffickers often take advantage of poor, unemployed individuals who lack access to social services. The T Nonimmigrant Status (T visa) is set aside for those who are or have been victims of human trafficking, protects victims of human trafficking and allows victims to remain in the United States to assist in an investigation or prosecution of human trafficking.
T-2 Visa
T-2 Visas are designated for certain qualifying family members of T-1 Visa holders, who are eligible for a derivative T visa, such as: spouse, children, parents and unmarried siblings under age 18.
Temporary Protected Status (TPS)
The Secretary of Homeland Security may designate a foreign country for TPS due to conditions in the country that, temporarily, prevent the country's nationals from returning home, safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately, due to war, disaster, etc.
United States Citizenship and Immigration Services (USCIS) may grant Temporary Protected Status to eligible nationals of certain countries (or parts of countries), who are already in the United States. Eligible individuals without nationality who last resided in the designated country may also be granted TPS.
Temporary Resident
A temporary resident is a nonimmigrant foreign national, who seeks temporary entry to the United States for a specific purpose. The foreign national must have a permanent residence abroad (for most classes of admission) and qualify for the nonimmigrant classification she/he is applying.
Temporary Worker
The term Temporary Worker is referred to a foreign national, who is coming to the United States to work for a temporary period of time. The Immigration Reform and Control Act of 1986 and the Immigration Act of 1990, as well as other legislation, revised existing classes and created new classes of nonimmigrant admission.
Temporary (Nonimmigrant) Workers
In order for a person to enter the United States lawfully, as a Nonimmigrant Temporary Worker, a prospective U.S. employer must generally file a Nonimmigrant petition on the worker’s behalf with the United States Citizenship and Immigration Services.
Tracing of Funds
Tracing of Funds is a method, by which, an EB-5 visa applicants must prove that their Investment Money came from lawful sources.
This can be proven via providing tax records, business or property sale documentation, and other financial documents that prove the legality of their funds.
Troubled Business
In the context of EB-5, a Troubled Business is referred to a business that has been in existence for at least two years; it has incurred a net loss during the twelve- or twenty-four-month period prior to the priority date of the EB-5 Investor’s Form I-526, and the loss for such period is at least equal to 20% of the troubled business’s net worth prior to such loss.
Spouses and Children Seeking Dependent Nonimmigrant Classification
Spouses and children who qualify for dependent nonimmigrant classification of a temporary worker and who are outside of the United States should apply directly at a U.S. consulate for a visa.
TN Visa
The North American Free Trade Agreement (NAFTA) created special economic and trade relationships for the United States, Canada and Mexico. The TN nonimmigrant classification Visa allows, qualified Canadian and Mexican citizens, who seek temporary entry into the United States to professionals such as accountants, management consultants, engineers, lawyers, pharmacists, scientists, teachers, etc.
Transit Alien
Transit Alien is referred to a Foreign National, who is in immediate and continuous transit through the United States, with or without a visa.
Transit Without Visa (TWOV)
Transit Without Visa is referred to a transiting foreign national, who is traveling without a nonimmigrant visa under section 233 of the INA. Such foreign nationals are admitted under agreements with a transportation line, which guarantees his/her immediate and continuous passage to a foreign destination.
Treaty Trader Visa E-1
The E-1 nonimmigrant classification allows a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation) to be admitted to the United States solely to engage in international trade on his or her own behalf. Certain employees of such a person or of a qualifying organization may also be eligible for this classification
Treaty Investor Visa E-2
The E-2 nonimmigrant classification allows a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation) to be admitted to the United States when investing a substantial amount of capital in a U.S. business. Certain employees of such a person or of a qualifying organization may also be eligible for this classification.
USCIS
USCIS is the abbreviation for United States Citizenship and Immigration Services, a federal agency within the United States Homeland Security Department. USCIS is responsible for processing, adjudicating and issuing most U.S. Visas, including the EB-5 Investment Program.
USCIS EB-5 Decision Board
The EB-5 Decision Board is referred to a designated United States Citizenship and Immigration Services (USCIS) experts, such as economists, lawyers, etc., who adjudicate I-924 applications and determine whether or not business will receive Regional Center designation.
U.S. Embassies
The U.S. Embassies are agencies representing the U.S. Government and its interests in foreign countries. Most U.S. embassies accept and process non-immigrant visas and green card applications.
U.S. Consulates
The U.S. consulates are diplomatic posts maintained by the U.S. in foreign countries. Consular officers accept and process non-immigrant visas and Green Card applications.
U Visa
The U nonimmigrant status (U visa) is designated for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity.
Congress created the U nonimmigrant visa with the passage of the Victims of Trafficking and Violence Protection Act (including the Battered Immigrant Women’s Protection Act) in October 2000.
The legislation was intended to strengthen the ability of law enforcement agencies to investigate and prosecute cases of domestic violence, sexual assault, trafficking of aliens and other crimes, while protecting victims of crimes who have suffered substantial mental or physical abuse due to the crime and are willing to help law enforcement authorities in the investigation or prosecution of the criminal activity. The legislation also helps law enforcement agencies to better serve victims of crimes.
U-1 Visa
Each year, 10,000 U-1 visas are available for victims of qualifying crimes such as rape, domestic abuse or torture, etc. The applicant must show that she/he has suffered substantial mental or physical abuse and is willing to help law enforcement authorities to investigate or prosecute those crimes.
A U visa petition requires certification that the victim has been helpful to law enforcement.
Although USCIS has reached the statutory cap of 10,000 U visas, it will continue to review pending petitions for eligibility. For eligible petitioners who cannot be granted a U-1 visa solely because of the cap, USCIS will send a letter notifying them that they are on a waiting list to receive a U visa when visas become available again.
The letter will also inform the petitioners of options available to them while they are on the waiting list. Petitioners and qualifying family members must continue to meet eligibility requirements at the time the U visa is issued.
More than 117,579 victims and their family members have received U visas since the program began in 2009.
Qualifying family members of a U-1 Visa holder, such as spouse, children and parents may also obtain a U-2, U3, or U4 visas.
Underrepresented Countries
The Immigration Amendments of 1988, Public Law 101-658 (Act of 11/5/1988) allowed for 10,000 visas to be issued to natives of underrepresented countries in each of fiscal years 1990 and 1991. Under-represented countries are defined as countries that received less than 25 percent of the maximum allowed under the country limitations (20,000 for independent countries and 5,000 for dependencies) in fiscal year 1988.
V-Visa
The V Visa is a nonimmigrant visa created to allow families to stay together while waiting for the processing of immigrant visas.
For instance, a permanent resident (green card holder), her/his spouse, children (unmarried and under 21), or the children of spouse (step-children) may be eligible for V-Visas.
V-2 Visa
The V-2 Visa is a nonimmigrant visa, which permits the foreign national children of a U.S. Lawful Permanent Resident to enter the U.S. and await the availability of an immigrant visa
V-3 Visa
The V-3 dependent visa is a nonimmigrant visa, which allows the derivative children of the V-1 visa holder or applicant to enter into the U.S. and await the availability of an immigrant visa.
Victims of Trafficking and Violence Protection Act of 2000
Public Law 106-386 (Act of 10/28/2000), enacted to combat trafficking in persons, especially into the sex trade, slavery, and involuntary servitude, and to reauthorize certain Federal programs to prevent violence against immigrant women and children. Created nonimmigrant classes of admission allowing temporary status to individuals (and spouses, children, and parents) in the United States who are or have been victims of a severe form of trafficking or who have suffered substantial physical or mental abuse as victims of criminal activity. Afforded the same immigrant benefits as refugees, with allowance for adjustment to permanent resident status.
Visa
The word visa is a Latin derivative “charta visa,” and it means “paper which has been seen.” In immigration context a Visa is a conditional authorization granted by a country to allow a foreign national to enter the country, remain within, or to leave that country, according to its stipulated terms.
A Visa is, generally, obtained at an embassy or consulate outside the destination country. Obtaining a Visa is not an automatic guarantee of permission to enter the country, which has issued it.
Visa Waiver Program
The Visa Waiver Program allows citizens of certain selected countries, traveling temporarily to the United States for pleasure and business, to enter the United States without obtaining nonimmigrant visas. Admission is for no more than 90 days. This program was devised via the Immigration Reform and Control Act of 1986. Under the Guam Visa Waiver Program, certain visitors from designated countries may visit Guam only for up to 15 days without first having to obtain nonimmigrant visitor visas.
Visitors & Tourism
A foreign traveler, who wished to enter the United States for a short visit such as: tourism, vacation, visiting family, friends, negotiate a business contract, medical treatment, etc., requires a B-1 or B-2, etc., Visas unless they qualify for entry under the Visa Waiver Program.
Voluntary Departure
A Voluntary Departure is referred to the departure of a foreign national from the United States without an order of removal. The departure may or may not have been preceded by a hearing before an immigration judge. A foreign national allowed to voluntarily depart concedes removability but does not have a bar to seeking re-admission at a port-of-entry, at any time. Failure to depart within the time granted results in a fine and a ten-year bar to several other forms of relief from deportation.
What is a Regional Center?
A Regional Center is a private, public or governmental organization that pools together, manages and administers EB-5 capital from multiple foreign investors in the United States Citizenship and Immigration Services (USCIS) approved EB-5 projects, within a defined geographical region.
In 1992, the Congress amended the EB-5 Investment Visa Program to create the Regional Centers Pilot Program..
Withdrawal
An arriving alien's voluntary retraction of an application for admission to the United States in lieu of a removal hearing before an immigration judge or an expedited removal. Withdrawals are not included in nonimmigrant admission data.
Worldwide Ceiling
The worldwide Immigration Ceiling was introduced in 1978, and it was set at 270,000. However, this number fluctuates based on the United States sociopolitical shifts and to a certain extent it is affected by International events, such as wars, economic standing, political changes and natural disasters.