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By Asim Kilinc, Immigration Attorney at CK Law Firm
The E-2 visa presents a unique opportunity for entrepreneurs who wish to establish a business in the United States through investment. This visa type is available to citizens of countries that have trade agreements with the U.S., making it ideal for those who want to start a business or invest in an existing one in America. However, there are specific requirements that must be met to apply for this visa. In this article, I will discuss the necessary conditions for obtaining an E-2 visa. By the end of this article, you will find answers to the following questions:
- What is an E-2 Visa?
- Requirements for an E-2 Visa
- E-2 Visa Application Process
If you have any further questions about the E-2 Investor visa, please don’t hesitate to contact me through the comments section below, send me a message directly on LinkedIn, or reach out through the website of CK Law Firm, where I am a co-founder.
What is an E-2 Visa?
The E-2 visa is a temporary visa granted to citizens of countries that have trade agreements with the United States. This visa type is designed for entrepreneurs who wish to establish or invest in a business in the U.S. The E-2 visa allows the investor and their family to live and work in the United States. The visa duration can be renewed as long as the investment continues, offering entrepreneurs a long-term opportunity to stay in America.
Requirements for an E-2 Visa
Qualified Investor Status
The applicant must be a citizen of a country that has a trade agreement with the United States. This shows that the investment is based on the agreement with that country.
Substantial Capital Investment
The investment in the U.S. must be significant in size. The amount of capital required may vary depending on the type and size of the business, but it must be sufficient to make the business operational and sustainable. The key is that the investment must be actively operating and not just on paper.
Active Business and Management
The investor must actively manage the business they are investing in and participate in the day-to-day operations. The E-2 visa is not suitable for passive investors. The investor must maintain control of the business and manage its operations.
Real and Commercially Viable Investment
The investment must be made in a real business and be commercially viable. The investment is expected to contribute to the American economy, not just for profit. For example, speculative or real estate investments do not fall under this category.
Sustainability and Business Plan
The investment must be structured to support not only the investor but also the American workforce. The business must employ American citizens and Green Card holders. The business plan must detail how the investment will succeed, requiring a solid business plan and projections that demonstrate the long-term viability of the business.
Irrevocable Investment
The investment must not be a recoverable investment. In other words, the invested capital must be at risk depending on the success of the business. This demonstrates that the investment is serious and permanent.
Temporary Stay
The E-2 visa grants the investor the right to stay temporarily in the U.S., with the possibility of renewal as long as the business continues. However, the E-2 visa does not provide permanent residency status.
Family Members
The spouse and children under 21 of an E-2 visa holder are also allowed to live and work in the United States. Spouses can work in any job, and children can continue their education. This ensures the unity of the family.
E-2 Visa Application Process
Preparation of a Business Plan
Before applying for an E-2 visa, a detailed business plan must be prepared. This plan should explain how the investment will be made, how the business will be managed, and how sustainability will be ensured. The business plan is a crucial document to convince the U.S. government that the investment is serious and viable.
Preparation of Application Documents
The necessary documents for the visa application must be meticulously prepared. These documents include financial details of the investment, the business plan, evidence that the investor will play an active role in the U.S. business management, and other supporting documents.
Consular Interview
After the application, the investor must attend an interview at the U.S. Consulate. During this interview, the investor will be asked questions about the business plan and investment details. The investor is expected to prove their active role in managing the business and the sustainability of the investment.
Visa Approval and Entry to the U.S.
After the interview, if the E-2 visa is approved, the investor can enter the U.S. and start or take over their business. The visa duration can be renewed depending on the sustainability of the investment and business.
Conclusion
The E-2 visa offers significant opportunities for entrepreneurs who want to start or invest in a business in the United States. However, to successfully complete this process, detailed preparation, a meticulous business plan, and the active involvement of the investor in business management are essential. Given the complexity of the process and legal requirements, seeking support from an immigration attorney can be beneficial. Don’t hesitate to contact me through the CK Law Firm’s website, via email at info@cklawfirm.org, or directly on LinkedIn!
Who is Lawyer Asım Kılınç?
Lawyer Asım Kılınç, as a founding partner of CK Law Firm, stands out with his mastery of both international law and the American legal system, gained through years of experience. Completing his Master’s degree at Southern Methodist University Dedman School of Law, Kılınç is registered with the Missouri Bar and specializes in U.S. immigration law. His deep knowledge and experience in immigration law have significantly contributed to CK Law Firm’s successes in this field. Having participated in the preparation processes of over 1,000 cases in immigration law, Lawyer Kılınç has proven his expertise in this field, providing comprehensive and professional legal support to his clients, facilitating their adaptation to their new lives in the U.S.
Strengthening CK Law Firm’s leadership in immigration law, Lawyer Kılınç offers reliable and effective legal consultancy services to his clients, standing by them in their journey to establish a new life in the U.S. He works to ensure that his clients receive the highest quality service in citizenship, Green Card, work permit, and other immigration processes, providing support to his clients throughout the entire process, from the beginning to U.S. citizenship.
By Asim Kilinc, Immigration Attorney at CK Law Firm
Obtaining a Green Card, which grants permanent residency and work rights in the United States, is a significant opportunity for many immigrants. While there are various paths to obtaining this card, employment sponsorship is one of the most common and reliable methods. Securing a Green Card through employment sponsorship follows a specific procedure, and there are many critical points to consider throughout this process. In this article, we will thoroughly examine all the stages of obtaining a Green Card through employment sponsorship and the keys to success in this process:
- What is Employment Sponsorship and Green Card?
- The Basic Steps to Obtaining a Green Card Through Employment Sponsorship
- Important Considerations in Employment Sponsorship
If you have any additional questions, please do not hesitate to reach out to me directly through LinkedIn, via the comment section below this article, or through our CK Law Firm Immigration Law Firm’s website!
What is Employment Sponsorship and Green Card?
What is Employment Sponsorship?
Employment sponsorship is when an American employer supports a foreign employee’s application for a Green Card. The employer must apply to the U.S. Department of Labor, proving that the position cannot be filled by a resident citizen in the U.S. This sponsorship is typically carried out under work visas such as EB-2 and EB-3.
What is a Green Card?
A Green Card is a document that grants the holder permanent residency and work rights in the United States. Green Card holders can live, work, and study anywhere in the U.S. Additionally, after fulfilling certain requirements, Green Card holders may apply for U.S. citizenship.
For more detailed information about Green Cards, you can check out this article!
The Basic Steps to Obtaining a Green Card Through Employment Sponsorship
PERM (Program Electronic Review Management) Process:
This process involves the employer applying for a labor certification from the U.S. Department of Labor. To obtain this certification, the employer must demonstrate that a specific position cannot be filled by American workers. This includes steps such as posting job advertisements and conducting interviews with potential candidates. The employer must prove that no suitable American citizen was found for the job.
I-140 Immigrant Petition:
After completing the PERM process, the employer submits an I-140 Immigrant Petition to USCIS. This petition indicates that the employer intends to hire the foreign employee permanently and that the employee possesses the necessary qualifications. Once the I-140 petition is approved, the employee can proceed with the Green Card application.
c. Green Card Application:
After the I-140 petition is approved, the employee can apply for a Green Card in two ways:
- I-485 Adjustment of Status Application: If the employee is already in the U.S., they can apply to adjust their status to a Green Card using Form I-485.
- Consular Processing: If the employee is abroad, they can start the Green Card process by applying at their local U.S. consulate.
Important Considerations in Employment Sponsorship
Employer’s Reliability and Financial Status
USCIS considers the financial stability and sustainability of the employer. The employer must have the financial strength to ensure the long-term employment of the employee. Financial documents, tax returns, and business plans are crucial in this process.
Employee’s Qualifications and Experience
The employee’s qualifications play a significant role in the employment sponsorship process. The employer must prove that the employee possesses all the qualifications required for the position. These qualifications include education, professional experience, and special skills. Especially for the EB-2 visa, the employee must have advanced education or exceptional ability in their field.
For more detailed information on the EB-2 visa, you can check out our blog!
Successful Completion of the PERM Process
The PERM process is one of the most critical steps in obtaining a Green Card through employment sponsorship. The employer must post job advertisements on appropriate platforms and complete the application process meticulously. The accuracy of all information provided during the application and the completeness of the documents are of great importance.
Length of the Green Card Application Process and Time Management
The Green Card application process can be lengthy and complex. Time management and careful monitoring of application steps are essential during this process. The employee and employer must take each step of the application process on time to avoid rejection. Especially tasks like collecting documents, filling out forms, and paying application fees must be completed promptly.
For applications made from abroad, the interview conducted at the local U.S. consulate is of great importance. During the interview, the candidate must clearly express their intent to live and work permanently in the U.S. Consular officers will review all the candidate’s documents, and if any incorrect or missing information is found, the application may be denied.
Conclusion
Obtaining a Green Card through employment sponsorship in the U.S. is a lengthy process that requires meticulous attention. An application supported by accurate information and documents increases the chances of a successful outcome. Factors such as the employer’s financial status, the employee’s qualifications, the successful completion of the PERM process, and time management are the cornerstones of this process. Since the process of obtaining a Green Card through employment sponsorship is complex and lengthy, the guidance of an experienced immigration attorney is invaluable at every step. Due to the complexity of the process and legal requirements, it may be beneficial to seek assistance from an immigration attorney. Please remember that you can reach me directly through LinkedIn, via email at info@cklawfirm.org, or through our CK Law Firm Immigration Law Firm’s website!
Who is Lawyer Asım Kılınç?
Lawyer Asım Kılınç, as a founding partner of CK Law Firm, stands out with his mastery of both international law and the American legal system, gained through years of experience. Completing his Master’s degree at Southern Methodist University Dedman School of Law, Kılınç is registered with the Missouri Bar and specializes in U.S. immigration law. His deep knowledge and experience in immigration law have significantly contributed to CK Law Firm’s successes in this field. Having participated in the preparation processes of over 1,000 cases in immigration law, Lawyer Kılınç has proven his expertise in this field, providing comprehensive and professional legal support to his clients, facilitating their adaptation to their new lives in the U.S.
Strengthening CK Law Firm’s leadership in immigration law, Lawyer Kılınç offers reliable and effective legal consultancy services to his clients, standing by them in their journey to establish a new life in the U.S. He works to ensure that his clients receive the highest quality service in citizenship, Green Card, work permit, and other immigration processes, providing support to his clients throughout the entire process, from the beginning to U.S. citizenship.
By Asim Kilinc, Immigration Attorney at CK Law Firm
The B1/B2 visa is one of the most common types of visas applied for by those wishing to travel to the United States for business or tourism purposes. The visa interview is one of the most critical stages that will determine whether your application is accepted. In this article, we will touch on the important points to be aware of during the visa interview:
- Be Prepared with the Correct Documents
- Honesty and Consistency
- Present Evidence Supporting Your Return
- Choose Appropriate Attire for the Interview
- Clearly State the Purpose of Your Visa
- Financial Adequacy
- Prepare in Advance
- Documents Supporting Your Travel Plans
If you have any further questions regarding the B1/B2 visa type, please don’t hesitate to contact me via the comments section at the bottom of this article, by sending a direct message on LinkedIn, or through the website of CK Law Firm, where I am a co-founder.
Be Prepared with the Correct Documents
It is crucial to present complete and accurate documents during the interview. Consular officers may request the following documents from you:
- Passport: A passport valid for at least six months from the date of travel.
- DS-160 Form Confirmation Page: The completed and approved online application form.
- Visa Appointment Confirmation Document: The document showing your interview appointment.
- Financial Documents: Bank statements, pay stubs, letters from your employer.
- Previous Visas and Passports: If applicable, old passports and previous visas.
Honesty and Consistency
Being honest and providing consistent information during the interview is extremely important. If the consular officer detects any inconsistencies in the information you provide, your application may be denied. You should give clear and direct answers to the questions and avoid making any false statements.
Present Evidence Supporting Your Return
You need to prove during the interview that you only intend to go to the United States for a temporary period. To prove your intention to return to your country, you can:
- Employment Status: A letter of leave from your current employer or projects that require your return.
- Financial Situation: Documents showing your financial status in Turkey, your properties, and investment accounts.
- Family Ties: Documents showing your ties with your spouse, children, or other close relatives.
Choose Appropriate Attire for the Interview
Wearing formal and simple attire shows the seriousness of the interview. You should dress carefully to leave a positive first impression on the consular officer. Without going overboard, make sure to appear clean and well-groomed.
Clearly State the Purpose of Your Visa
The consular officer will want to know why you want to go to the United States. Clearly explain the purpose of your trip. Are you going for a business trip? What events will you attend? If you are going for tourism, specify the places you plan to visit and how long you intend to stay.
Financial Adequacy
You will need to show how you will cover your expenses during your stay in the United States. Bank statements or sponsorship documents play an important role in this phase. Proving that you have sufficient financial resources will contribute to a positive outcome for your visa application.
Prepare in Advance
Preparing for possible questions in advance will increase your confidence during the interview. Study the frequently asked questions and practice your answers. Be ready for questions such as “How long do you plan to stay in the United States?” or “Have you ever applied for a visa before?”
For more information about U.S. visa interviews, you can check out this article!
Documents Supporting Your Travel Plans
Providing documents that support your travel purpose and duration can be helpful during the interview. Airline ticket reservations, hotel reservations, or documents related to the events you will attend should confirm your travel plans.
Conclusion
The B1/B2 visa interview is one of the most important steps in obtaining a visa. Careful preparation and an honest approach will help you have a successful interview. By following this guide, you can increase your chances of getting a positive result on your visa application. Additionally, don’t forget that you can reach me directly through the CK Law Firm Immigration Law Firm website, via email at info@cklawfirm.org, or on LinkedIn!
Attorney Asim Kilinc
Attorney Asım Kılınç, a founding partner of CK Law Firm, stands out with his extensive experience and expertise in both international law and the American legal system. Kılınç completed his Master’s degree at Southern Methodist University Dedman School of Law and is registered with the Missouri Bar. He specializes in U.S. immigration law, significantly contributing to CK Law Firm’s success in this field with his deep knowledge and experience. Having been involved in the preparation processes of over 1,000 immigration cases, Attorney Kılınç has proven his expertise and provides comprehensive and professional legal support to help his clients adapt to their new lives in the USA.
Strengthening CK Law Firm’s leadership in immigration law, Attorney Kılınç offers reliable and effective legal consultancy services to his clients, accompanying them on their journey to establish a new life in the USA. He works to ensure that his clients receive the highest quality service in citizenship, Green Card, work permits, and other immigration processes, supporting them from the beginning to U.S. citizenship.
By Asim Kilinc, Immigration Attorney at CK Law Firm
The United States offers numerous visa types that provide opportunities for education, work, and cultural exchange from all around the world. One of these visa types is the J1 visa, which allows participants to live temporarily in the U.S. and take part in specific programs. However, one of the most important questions for J1 visa holders is whether they can continue to stay in the U.S. after their visa expires. By reading this article, you’ll gain detailed insights into the following topics:
- What is a J1 Visa, and Who is it For?
- How Can You Stay in the U.S. with a J1 Visa?
If you have questions beyond these topics about the J1 visa, please remember that you can reach out to me through the comment section below this article, by sending a direct message on LinkedIn, or through the website of CK Law Firm, where I am a co-founder.
What is a J1 Visa, and Who is it For?
A J1 visa is a type of visa granted to individuals who wish to come to the United States temporarily under specific educational, training, research, or cultural exchange programs. This visa is typically suitable for university students, interns, teachers, researchers, professors, and other exchange program participants. The J1 visa is issued for participation in programs approved by the U.S. government, and its duration is limited to the length of the program.
How Can You Stay in the U.S. with a J1 Visa?
For those who wish to continue staying in the U.S. with a J1 visa, there are several pathways available. However, each of these pathways has its own specific conditions and challenges.
Changing Visa Status
Before the J1 visa expires, some individuals may be able to continue staying in the U.S. by changing their visa status. This change of status is typically achieved by transitioning to one of the following visa types:
- F1 Student Visa: If the J1 visa holder plans to enroll in an educational program in the U.S., they may transition to an F1 student visa. This transition allows the individual to continue their education and remain in the U.S. legally. However, the possibility of this transition depends on the nature of the education received under the J1 visa and the visa conditions.
- H1B Work Visa: If an employer wishes to hire the J1 visa holder, they can transition to an H1B work visa. The H1B visa is designed for highly skilled workers and offers the possibility of permanent employment in the U.S. However, transitioning to an H1B visa requires a specific job offer and employer sponsorship.
- O1 Extraordinary Ability Visa: Individuals with extraordinary abilities, particularly those successful in the arts, sciences, education, business, or athletics, may apply for an O1 visa. This visa is granted for the individual to work on a specific job or project that showcases their talents.
Waiver Application
Many J1 visa holders are required to return to their home countries after their visa expires due to the “Two-Year Home Country Physical Presence Requirement.” However, in certain cases, this requirement can be waived by applying for a waiver. A waiver application may be submitted in the following situations:
- Intent to Permanently Reside in the U.S.: If the J1 visa holder intends to reside permanently in the U.S. and their plans would be significantly impacted by returning to their home country, they may apply for a waiver.
- Critical Reason: A waiver application may be appropriate in situations where returning to the home country would pose significant health, safety, or other critical risks to the J1 visa holder.
- U.S. Citizen Spouse or Child: If the J1 visa holder is married to a U.S. citizen or has a U.S. citizen child, they may apply for a waiver to preserve family unity.
The waiver application process is complex, and each case is carefully evaluated by the U.S. Citizenship and Immigration Services (USCIS). Approval of a waiver application means that the individual will be exempt from the two-year return requirement, making it possible to stay in the U.S.
For more information on the “Two-Year Home Country Physical Presence Requirement” and how to obtain a waiver, you can read our article, “What is the J1 Visa Two-Year Rule and How to Get it Waived?“
Green Card Application
J1 visa holders who wish to permanently reside in the U.S. can apply for a Green Card. A Green Card grants the individual permanent residence and work rights in the U.S. However, the Green Card application process can be complex and lengthy. Typically, a Green Card application can be made through the following ways:
- Family Sponsorship: A U.S. citizen or Green Card holder can sponsor a J1 visa holder as a family member for a Green Card application.
- Employer Sponsorship: If the J1 visa holder is sponsored by a U.S. employer, they can apply for a Green Card through employer sponsorship. This is usually possible after transitioning to an H1B visa.
- Extraordinary Abilities: Individuals with extraordinary abilities who are eligible for an O1 visa can use their talents to apply for a Green Card.
The Green Card application process requires a lengthy procedure and must be supported by various legal formalities and documentation. Getting assistance from an experienced immigration attorney during this process can help ensure a smoother process.
Conclusion
Staying in the U.S. with a J1 visa is possible, but it requires careful planning, legal support, and taking the right steps. Understanding options such as status change, waiver applications, and the Green Card process can help you achieve your goal of staying in the U.S. Evaluating your options after the J1 visa will allow you to take the most appropriate step for your future.
Due to the complexity of the process and legal requirements, seeking support from an immigration attorney can be beneficial. Remember that you can reach out to me through CK Law Firm’s website, at info@cklawfirm.org, or directly on LinkedIn!
Who is Lawyer Asım Kılınç?
Lawyer Asım Kılınç, as a founding partner of CK Law Firm, stands out with his mastery of both international law and the American legal system, gained through years of experience. Completing his Master’s degree at Southern Methodist University Dedman School of Law, Kılınç is registered with the Missouri Bar and specializes in U.S. immigration law. His deep knowledge and experience in immigration law have significantly contributed to CK Law Firm’s successes in this field. Having participated in the preparation processes of over 1,000 cases in immigration law, Lawyer Kılınç has proven his expertise in this field, providing comprehensive and professional legal support to his clients, facilitating their adaptation to their new lives in the U.S.
Strengthening CK Law Firm’s leadership in immigration law, Lawyer Kılınç offers reliable and effective legal consultancy services to his clients, standing by them in their journey to establish a new life in the U.S. He works to ensure that his clients receive the highest quality service in citizenship, Green Card, work permit, and other immigration processes, providing support to his clients throughout the entire process, from the beginning to U.S. citizenship.
By Asim Kilinc, Immigration Attorney at CK Law Firm
Studying in the United States is a dream for many students worldwide. However, to make this dream a reality, F1 visa applicants must meet specific financial requirements. In this article, I will explain in detail the financial amounts you need to consider when applying for an F1 visa, how these amounts are calculated, and what to pay attention to during the application process. You will find answers to the following questions:
- What is an F1 Visa?
- Why is Financial Adequacy Important for an F1 Visa?
- How is the Required Financial Amount for an F1 Visa Determined?
- Documents Needed to Prove Your Financial Adequacy
- What to Consider When Applying for an F1 Visa
If you have any questions about the F1 visa type that are not covered in this article, please feel free to reach out to me through the comments section below this post, via direct message on LinkedIn, or through the website of CK Law Firm, where I am a co-founder.
What is an F1 Visa?
The F1 visa is a non-immigrant visa issued to international students who wish to pursue full-time education in the United States. This visa allows you to study at accredited universities, colleges, language schools, and other academic institutions in the U.S. With an F1 visa, you can legally stay in the U.S. for the duration of your studies and work on-campus under certain conditions. However, to apply for this visa, you must demonstrate both academic and financial adequacy.
Why is Financial Adequacy Important for an F1 Visa?
The U.S. government wants to ensure that F1 visa applicants have sufficient financial resources to cover their education and living expenses. This requirement aims to prevent students from experiencing financial difficulties and having to abandon their studies after arriving in the U.S. Additionally, financial independence is crucial to avoid illegal work situations in the U.S.
How is the Required Financial Amount for an F1 Visa Determined?
The financial amount you need to provide when applying for an F1 visa depends on several factors. These factors include the type of school you will attend, the cost of living in the city where you will study, the duration of your studies, and your personal expenses. Generally, this amount consists of the following main categories:
- Tuition and Fees:
- Annual tuition fees at U.S. universities and colleges can vary widely. Private universities typically charge between $30,000 and $50,000 per year, while state universities may charge between $20,000 and $40,000. Additionally, graduate programs are usually more expensive than undergraduate programs.
- Annual tuition fees at U.S. universities and colleges can vary widely. Private universities typically charge between $30,000 and $50,000 per year, while state universities may charge between $20,000 and $40,000. Additionally, graduate programs are usually more expensive than undergraduate programs.
- Living Expenses:
- Living expenses can vary significantly depending on the city you will study in and your lifestyle. In expensive cities like New York, San Francisco, or Boston, living costs will be higher. You may need to budget between $1,500 and $2,500 per month for rent, food, transportation, and other essentials. In smaller, more affordable cities, this amount may range from $1,000 to $1,500 per month.
- Living expenses can vary significantly depending on the city you will study in and your lifestyle. In expensive cities like New York, San Francisco, or Boston, living costs will be higher. You may need to budget between $1,500 and $2,500 per month for rent, food, transportation, and other essentials. In smaller, more affordable cities, this amount may range from $1,000 to $1,500 per month.
- Health Insurance:
- Healthcare in the U.S. is quite expensive, and most schools require students to have health insurance. Annual health insurance costs can range from $2,000 to $4,000. This insurance will financially protect you in case of illnesses or accidents.
- Healthcare in the U.S. is quite expensive, and most schools require students to have health insurance. Annual health insurance costs can range from $2,000 to $4,000. This insurance will financially protect you in case of illnesses or accidents.
- Books and Supplies:
- Depending on the type of program you are enrolled in, you may need to spend between $1,000 and $2,000 annually on books and other educational materials. Costs may be higher in fields such as engineering or medicine.
- Depending on the type of program you are enrolled in, you may need to spend between $1,000 and $2,000 annually on books and other educational materials. Costs may be higher in fields such as engineering or medicine.
- Personal Expenses:
- Personal expenses include additional spending in your daily life, such as entertainment, clothing, travel, and other personal needs. It is advisable to set aside an annual budget of $2,000 to $3,000 for these expenses.
Documents Needed to Prove Your Financial Adequacy
When applying for an F1 visa, you must provide proof that you have sufficient financial resources to cover all the expenses mentioned above. These documents must be presented to the U.S. Consulate during your visa interview. Accepted documents include:
- Bank Statements: Bank statements in your name or your sponsor’s name must show that there is enough money in the account. These statements should generally cover the last 3 to 6 months.
- Scholarship or Grant Letters: If you have received a scholarship or grant, these documents can also be used to prove your financial adequacy. The documents should clearly state the amount of the scholarship and what expenses it covers.
- Sponsor Letters: If your family or another sponsor is providing financial support, you can submit an official letter from them stating the sponsorship amount and duration.
- Property Values and Investments: If you have assets or investments, you can provide documents showing their value. However, non-liquid assets are generally considered less valid.
What to Consider When Applying for an F1 Visa
Ensure that your financial documents are complete and accurate when applying for an F1 visa. Any missing or inconsistent information in your documents could result in your visa application being denied. Additionally, remember that your documents must be original and submitted in English.
Another important point is that you should demonstrate that you have enough funds not only for the first year of your visa but for your entire period of study. This is necessary to assure U.S. authorities that you will be financially independent throughout your education.
Conclusion
The amount required to prove financial adequacy for an F1 visa application can vary depending on various factors. You should ensure that you have sufficient financial resources to cover all your expenses during your studies in the U.S., including tuition, living costs, health insurance, and personal expenses. Submitting accurate and complete documents will greatly contribute to a positive outcome for your visa application.
It is crucial to prepare financially and carefully follow the entire process to turn your dream of studying in the U.S. into reality.
If you would like to find out whether you are eligible for an F1 visa, feel free to contact us at cklawfirm.org or reach out to me directly on LinkedIn for a free consultation. All you need to do is send us your CV!
Who is Lawyer Asım Kılınç?
Lawyer Asım Kılınç, as a founding partner of CK Law Firm, stands out with his mastery of both international law and the American legal system, gained through years of experience. Completing his Master’s degree at Southern Methodist University Dedman School of Law, Kılınç is registered with the Missouri Bar and specializes in U.S. immigration law. His deep knowledge and experience in immigration law have significantly contributed to CK Law Firm’s successes in this field. Having participated in the preparation processes of over 1,000 cases in immigration law, Lawyer Kılınç has proven his expertise in this field, providing comprehensive and professional legal support to his clients, facilitating their adaptation to their new lives in the U.S.
Strengthening CK Law Firm’s leadership in immigration law, Lawyer Kılınç offers reliable and effective legal consultancy services to his clients, standing by them in their journey to establish a new life in the U.S. He works to ensure that his clients receive the highest quality service in citizenship, Green Card, work permit, and other immigration processes, providing support to his clients throughout the entire process, from the beginning to U.S. citizenship.
By Ergul Celiksoy, Immigration Attorney at CK Law Firm
The EB3 visa is an immigrant visa for qualified foreign workers who wish to work in the United States. This visa opens the path to obtaining a Green Card, allowing individuals to live and work permanently in the U.S. In this article, you will find answers to the most frequently asked questions about the EB3 visa, including:
- What is the EB3 Visa?
- What are the Advantages of the EB3 Visa?
- Who Can Apply for the EB3 Visa?
- How to Obtain the EB3 Visa?
If you have any other questions regarding the EB3 visa, please do not hesitate to contact me through the comment section below this article, by sending me a message directly on LinkedIn, or through the CK Law Firm Immigration Attorney Firm’s website, where I am a co-founder.
What is the EB3 Visa?
The EB3 visa is an immigrant visa offered to foreign nationals who wish to live and work permanently in the United States. The EB3 visa is obtained through employer sponsorship and is a process that results in a Green Card. The EB3 visa is known as the third preference category of Employment-Based Immigration. This category aims to employ foreign workers for positions in the U.S. labor market that are in demand but cannot be filled by U.S. citizens. The EB3 visa is divided into three main subcategories:
- Skilled Workers: This category includes individuals who can work in occupations requiring at least two years of education or work experience. Examples include engineers, technicians, or those specialized in a particular trade.
- Professionals: This category includes individuals who have at least a bachelor’s degree (or equivalent) and a valid job offer in the U.S. Examples include doctors, lawyers, teachers, and engineers.
- Unskilled Workers: This category includes individuals who will work in jobs that are in demand in the U.S. labor market but do not require specific skills. These jobs typically include sectors like agriculture, maintenance, cleaning, manufacturing, or other low-skill sectors.
What are the Advantages of the EB3 Visa?
- Permanent Residence and Work Permit: EB3 visa holders have the right to live and work permanently in the U.S., allowing them to work in any job.
- Visa for Family Members: The spouse and unmarried children under 21 of EB3 visa holders can also come to the U.S. and obtain legal residence and work rights.
- Path to U.S. Citizenship: EB3 visa holders have the right to apply for U.S. citizenship after residing legally in the U.S. for a certain period.
Who Can Apply for the EB3 Visa?
Skilled Workers
Skilled workers are individuals who have at least two years of education, experience, or equivalent work experience in a specific professional field. To apply under this category, the following conditions must be met:
- Vocational Training or Experience: The applicant must have at least two years of work experience in a specific occupation. This experience may be supported by education or be direct work experience.
- Qualified Job Offer: The applicant must have a valid job offer from an employer in the U.S. The job offer must be for a position in which the applicant is qualified as a skilled worker.
- U.S. Department of Labor Approval: The employer must obtain approval from the U.S. Department of Labor to hire the applicant. This approval is obtained through the PERM (Program Electronic Review Management) process.
Professionals
The Professionals category includes individuals who have at least a bachelor’s degree (or foreign equivalent) and a valid job offer in the U.S. To apply under this category, the following conditions must be met:
- Education Requirement: The applicant must have at least a bachelor’s degree in the required field for the job position.
- Job Offer: The applicant must have a valid job offer from an employer in the U.S. for a professional position.
- U.S. Department of Labor Approval: Similar to skilled workers, the employer must obtain approval from the U.S. Department of Labor through the PERM process.
Unskilled Workers
The Unskilled Workers category includes individuals who will work in jobs that are in demand in the U.S. labor market but do not require specific skills. To apply under this category, the following conditions must be met:
- No Experience or Education Requirement: There is no specific job experience or education requirement to apply in this category.
- Job Offer: The applicant must have a valid job offer from an employer in the U.S. for an unskilled labor position.
- U.S. Department of Labor Approval: The employer must obtain approval from the U.S. Department of Labor through the PERM process.
How to Obtain the EB3 Visa?
Employer Sponsorship Processa.
Obtaining a Job Offer: The first and most important step for the EB3 visa is obtaining a valid job offer from an employer in the U.S. The employer must provide the applicant with an official job offer to work in the U.S.b.
Labor Certification Application (PERM): The employer must apply for a labor certification from the U.S. Department of Labor. This process is known as PERM. The PERM process is necessary to prove that the employer could not find a suitable U.S. citizen or permanent resident for the job position.
Filing Form I-140a
I-140 Immigration Petition: After successfully completing the PERM process, the employer submits Form I-140 to USCIS (United States Citizenship and Immigration Services). This form declares that the employer intends to hire the applicant and that the applicant meets the job requirements.b.
Approval of the Application: If the I-140 application is approved by USCIS, the applicant receives an approval number. However, due to a quota for EB3 visas, there is a limited number of visas issued each year.
Visa Application and Green Card Processa.
Visa Application (DS-260): If the applicant is outside the U.S., they apply for a visa using Form DS-260 through a U.S. consulate.b.
Application for Adjustment of Status (Form I-485): If the applicant is already in the U.S., they can apply for a status adjustment using Form I-485.c.
Obtaining the Immigrant Visa: After the application is approved, the applicant can enter the U.S. as an immigrant.
Obtaining the Green Card
After entering the U.S., the applicant and eligible family members receive a permanent resident card (Green Card).
Conclusion
The EB3 visa offers a significant opportunity for individuals who wish to live and work permanently in the United States. However, the process can be complex and lengthy. Therefore, it may be beneficial to seek assistance from an immigration attorney to ensure that each step is completed accurately and successfully.
You can contact me directly via LinkedIn or through the CK Law Firm Immigration Attorney Firm’s website.
Who is Attorney Ergül Çeliksoy?
Attorney Dr. Ergül Çeliksoy is the co-founder of CK Law Firm and also serves as an Assistant Professor of Law at the University of Nottingham. With extensive experience in U.S. immigration law, Dr. Çeliksoy completed his master’s degree in international law and human rights at the University of Nottingham in 2017 before beginning his Ph.D. studies at the same university. Dr. Çeliksoy earned his Ph.D. in law at the University of Nottingham School of Law in 2022, marking a significant milestone in his academic career. He is a recognized academician with expertise in modern slavery, criminal justice, and criminal law, with publications in leading academic journals.
As a member of the California Bar, Dr. Çeliksoy provides outstanding service to his clients, particularly in U.S. immigration law cases. His knowledge and experience in immigration law are valuable assets to CK Law Firm’s practice in this field. Dr. Çeliksoy offers comprehensive and strategic solutions to his clients in immigration law cases, helping them secure their legal status in the U.S. His deep understanding of human rights and immigration processes, along with his expertise in modern slavery and criminal law, enables him to effectively address the complex legal issues faced by immigrants. By offering reliable and effective legal counseling services, Dr. Çeliksoy helps his clients build new lives in the U.S.
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