Thursday, October 10, 2013

An Immigration Attorney Is A Useful Resource

By Allan Hatchell


Millions of non immigrant visitors and immigrants enter the United States each year. However, the process can seem complex and hard to understand. This is why a New York immigration attorney is a helpful resource.

The systemic bias is in favor of family based immigration. Visas for employment are subject to limits and allow less people into the country. The yearly cap on this type of entry is for applicants in the amount of 140,000. By contrast, direct relatives of citizens are beneficiaries of advanced priority and are not the subject of any annual limits. For employment visas, there are basically five categories of preferences that differentiate the types of applicants. Permanent residents can seek citizenship if they are 18 and older. They should have resided in the U. S. for 5 years without taking trips that have lasted longer than 6 months.

Investors can also qualify for immigrant visas through the EB 5 Program. Such applicants receive 7.1 percent of the annual cap for employment based visas. Special immigrants also qualify for an additional 7.1 percent of this category.

Normally, undertaking the process of labor certification is necessary for workers, who do not meet the criteria for priority preferences. The priority class gets over 28 percent of the limited cap allowed. This special class has 3 subclasses.

Persons with extraordinary ability in athletics, the sciences, the arts, education or business is one subgroup. Applicants need extensive documentary proof showing recognition at national or international level in their fields of expertise. Applicants do not have to have specific job offers, as long as they intend to pursue work in their field of demonstrated ability. This is a fast track green card category. Such applicants can file their own petitions.

A second group is prescribed for professors and researchers with three years experience or more in teaching or research that has been internationally recognized. Applicants must want to work in tenure track teaching or similar research posts at an institution of higher learning. Prospective employers must show their job offer and file petitions on behalf of such individuals.

The final subgroup is for managers or executives who have been working for at least one of three preceding years with a foreign affiliate, subsidiary, branch or parent of a U. S. Employer. The prospective employer must provide a job offer and file the petition on behalf of such employees. How an individual qualifies for an available category is best determined with the assistance of experienced counsel. A New York immigration attorney can help guide you through the complex maize of the administration process with the USCIS.




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