AMERICAN VISAS
EB1
GREEN CARD THROUGH SPECIAL SKILLS
The EB1 Visa is an immigration request that leads directly to obtaining a Green Card. Generally, it is intended for athletes and artists with national and/or international recognition, for researchers and speakers with expressive work in their respective areas or for executives of multinational companies who have been exercising their profession in the USA for at least 1 year.
EB2
GREEN CARD FOR PROFESSIONALS WELL QUALIFIED OR OF NATIONAL INTEREST
The EB2 Visa is an immigration application that leads directly to the Green Card. It is intended for above-average professionals or professionals who have exceptional abilities. In the USA, a professional with a bachelor's degree with at least 10 years of experience combined in their respective fields, or a professional with a bachelor's degree as well as master's degree (even if the professional experience is less than 10 years) are considered above-average professionals and therefore, eligible to petition through this category for a Green Card. Moreover, if in addition to the aforementioned criteria, an individual’s profession is in demand in the United States (Engineering, IT, Physiotherapy, Dentistry, Nursing and Aviation), the process is further facilitated due to the country’s national interest in this type professional. For this reason, the petition can be requested through the NIW (National Interest Waiver) subcategory, referring back to “Matter of Dhanasar” case law, 26 I&N Dec. 884 (AAO 2016).
EB3
GREEN CARD THROUGH AMERICAN EMPLOYER
The EB3 Visa is an immigration application that also leads directly to the Green Card. It is usually aimed at professionals with at least 2 years of experience in their respective fields and in all cases, requires that the immigration process is carried out through a labor certification process. Said process can only be done by an American employer who seeks to hire you for your unique professional abilities. The labor process requires the employer to prove that he/she in unable to obtain similar labor in the USA and must therefore resort to foreign labor. The processes’ confirmation can be proven through employment postings which were unsuccessfully filled after 90 days.
L1
VISA TO LIVE AND WORK IN THE USA BY TRANSFER BETWEEN COMPANIES
The L1 Visa is a visa that primarily does not lead to a Green Card; however, it provides eligibility Card after one year of being approved. The applicant for this visa must be transferring between a foreign parent company to an American subsidiary. The applicant must hold an executive or managerial position within said company and, therefore, apply to the subcategory L1-A. Another route is for professionals of a specialized workforce which allows for one to apply for the subcategory L1-B. Under both subcategories, it is required that the applicant be employed with the company at matter for at least 1 year prior to the visa application. The maximum period of stay allowed for a professional in this type of visa is of 7 years, however, as stated above, the L1 visa allows the visa holder to apply for a Green Card through EB1-C in the case of managers and executives, or for the Green Card through EB3 in the case of specialized workforce.
E2
VISA TO LIVE AND WORK IN THE USA THROUGH INVESTMENT
The E2 Visa is a visa which does not lead to the attainment of a Green Card, however, there is no limit on its renewal. Generally, this visa is granted for an average of 2 years at a time and allows for beneficiaries to readily renew upon approaching its expiration date. The applicant for this visa must be a citizen of one of the countries listed in the Navigation and Trade Treaty. Having citizenship of one of the qualifying countries allows for the applicant to make a financial contribution to his own business in the USA. As for the minimum investment, the legal text does not make any express requirements, however it does require it be a substantial amount being applied in a niche market. The verification is carried out via market research and business plan. As a reference, there have been several successful E2 cases of applicants who invested in small franchises in which the investment was around 100 thousand dollars, for example.
EB5
GREEN CARD THROUGH INVESTMENT
The EB5 Visa leads directly to the attainment of a Green Card. The only prerequisite in obtaining this visa is to prove a minimum investment of 900 thousand dollars in areas with an investment deficit. This is established through regional centers that are authorized by the American Immigration to carry out. The investment may also be that of or 1.8 million dollars, in which case there are no restrictions as to the industry being invested upon. This scenario makes it possible for an applicant to invest in a business of his/her own, provided that said business generates at least 10 new jobs in the United States.
FAMILY BASED
GREEN CARD THROUGH KINSHIP
Kinship-based petitions are filed by U.S. citizens or permanent residents for the benefit of their family members. Through this process, members associated with immigration law have the possibility to obtain a Green Card, becoming permanent residents and, later, citizens of the United States. The immigration law divides family members into two groups:
a) immediate relatives: close relatives of the American citizen, including spouse, parents, and unmarried children under the age of 21.
b) Preferred relatives: other family members of the American citizen including married children, over 21, brothers or sisters. So as relatives of permanent residents: spouses, single children under 21 or more.
The EB5 Visa leads directly to the attainment of a Green Card. The only prerequisite in obtaining this visa is to prove a minimum investment of 900 thousand dollars in areas with an investment deficit. This is established through regional centers that are authorized by the American Immigration to carry out. The investment may also be that of or 1.8 million dollars, in which case there are no restrictions as to the industry being invested upon. This scenario makes it possible for an applicant to invest in a business of his/her own, provided that said business generates at least 10 new jobs in the United States.
K1
VISA FOR BRIDES AND GROOM OF AMERICAN CITIZENS
Bride and groom: Bride and groom of American citizens can qualify for the bride and groom visa that will allow them to enter the American territory to get married, as long as the wedding takes place within the period of 90 days from the date of the foreigner's admission to the United States. Once married, the American spouse will be able to file the Green Card application in favor of their now spouse.
K3
VISA FOR THE SPOUSE OF AMERICAN CITIZENS
Spouse of American citizens: The spouse of an American citizen can apply for the grant of the K3 Visa while outside the American territory. Concurrently with the application for the K3 visa, the American citizen must file the residency application. For the K3 Visa to fulfill its purpose, it must be granted prior to the approval of the residency application. However, it is worth noting that, in practice, the processing of the K3 visa has been slower than the application for residency and, as a result, it has become more unfeasible.