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By Ergul Celiksoy, Immigration Attorney at CK Law Firm
One of the most effective ways to obtain permanent residency (Green Card) in the United States is through the EB-5 Investor Visa Program. This program, which was established in 1990, offers significant opportunities for individuals looking to invest, contribute to the U.S. economy, and create jobs. By meeting specific requirements, foreign investors can obtain a Green Card for themselves and their families. In this article, we will cover several key aspects of the EB-5 Investor Visa:
- What is the EB-5 Investor Visa?
- Requirements for the EB-5 Investor Visa
- EB-5 Investment Options: Direct Investment vs. Regional Center Investment
- Which Investment Option is Right for You?
- The EB-5 Application Process
- Legal and Economic Risks of the EB-5 Program
If you have any questions not covered here, feel free to leave a comment below this article, send me a message directly on LinkedIn, or reach out through the website of my law firm, CK Law Firm, specializing in immigration law.
What is the EB-5 Investor Visa?
The EB-5 Investor Visa is an immigration program established under section 203(b)(5) of the Immigration and Nationality Act, offering foreign investors the chance to obtain permanent residency (Green Card) in the United States. The program was introduced in 1990 to promote economic growth, reduce unemployment, and create long-term employment. Under this program, foreign investors who make a specific investment and create at least 10 new jobs can obtain permanent residency for themselves and their family members in the U.S.
While the EB-5 program is a popular immigration path worldwide, it involves several requirements and processes that need careful consideration. Key details include the type of investment, job creation requirements, and the investment amount.
Requirements for the EB-5 Investor Visa
Applicants for the EB-5 Investor Visa must meet stringent criteria set by U.S. Citizenship and Immigration Services (USCIS). The primary requirements are summarized as follows:
Minimum Investment Amount: Investors must invest at least $1,050,000 in the U.S. economy. However, for investments in Targeted Employment Areas (TEA)—rural or high-unemployment areas—the minimum amount is $800,000. TEA investments offer economic advantages to investors.
Job Creation Requirement: One of the critical conditions of the EB-5 program is job creation. Investors must create at least 10 full-time jobs for U.S. citizens or lawful permanent residents as a result of their investment. These jobs must be created directly or indirectly within two years. Direct jobs refer to those created within the enterprise itself, while indirect jobs are typically generated through Regional Center investments, reflecting the broader economic impact of the project.
Risk Factor: EB-5 investments must involve some degree of risk. This means the investor’s capital is subject to possible loss or gain depending on the success of the investment. Investors should carefully evaluate the projects they choose and seek legal guidance to make the best decision.
Investment Duration: The EB-5 investor’s capital must remain actively invested in the U.S. for the entire Green Card application process (a minimum of two years) and contribute to sustainable economic growth and job creation.
EB-5 Investment Options: Direct Investment vs. Regional Center Investment
EB-5 investors can choose between two primary investment paths: Direct Investment and Regional Center Investment. Each option offers different benefits and drawbacks in terms of business management, job creation, and investment risks.
Direct Investment:
Direct investment involves starting a business or investing in an existing enterprise. The investor is fully responsible for the operation of the business and has full control over how the capital is managed. Direct investment requires significant involvement and time from the investor.
Advantages: Direct investment allows the investor to have complete control over the business. Investors can personally manage the business’s operations and growth, leading to a more personal and potentially rewarding experience.
Disadvantages: Direct investment demands a high level of responsibility, as investors must manage the business operations themselves. It may require the investor to be physically present in the U.S. and have sufficient business experience. There is also the risk of not meeting the job creation requirements if the business fails to grow.
Regional Center Investment:
Regional Centers are USCIS-approved entities that manage EB-5 investment projects. These projects often involve large-scale infrastructure or real estate developments that contribute to economic growth. Regional Center investments allow for more flexible, indirect job creation.
Advantages: Regional Center investments allow investors to participate in the program without managing the business themselves. This passive investment approach is ideal for those who prefer not to be involved in day-to-day operations. Additionally, Regional Centers often handle larger projects, reducing individual responsibility for the investor.
Disadvantages: Investors in Regional Centers have less control over the project, which may be a downside for some. The success of the investment depends on the management of the Regional Center and external economic conditions.
Which Investment Option is Right for You?
EB-5 investors must choose the investment path that aligns with their goals and business preferences. If you want to actively manage the business, direct investment may be the best choice. However, if you prefer a more passive role with less responsibility, Regional Center investments may be a better fit.
The EB-5 Application Process
The EB-5 application process involves several steps, and investors must submit various applications and documentation, which USCIS will review.
- Making the Investment: The investor must invest the minimum amount in a U.S. project. The investment should contribute to job creation. Investors should conduct thorough research and seek legal advice before selecting a project.
- I-526 Petition: Investors submit Form I-526, providing evidence of their investment and job creation plan. This petition must include documentation proving the investment is lawful and meets EB-5 requirements.
- Conditional Green Card Application: Once the I-526 petition is approved, investors and their eligible family members can apply for a conditional Green Card, valid for two years. During this time, USCIS monitors whether the job creation requirement is met.
- I-829 Petition: Before the conditional Green Card expires, investors submit Form I-829 to apply for permanent residency. This petition must demonstrate that the investment has created 10 jobs and met all other requirements.
- Permanent Green Card: After the I-829 petition is approved, investors and their family members receive permanent residency in the U.S.
Legal and Economic Risks of the EB-5 Program
The EB-5 program involves complex processes and various risks. Choosing the right project, complying with legal requirements, and understanding the risks of the investment are crucial.
- Project Failure: If the project fails, investors may lose their capital, and their Green Card application may be jeopardized.
- Job Creation Requirements: Failure to meet the job creation requirement may result in visa denial, making it essential to choose projects with clear job creation plans.
- Delays in Processing: USCIS may take a long time to review applications, so timely and complete submissions are critical.
In conclusion, the EB-5 Investor Visa provides a unique opportunity for those looking to live and invest in the U.S. At CK Law Firm, we offer professional consulting services to guide investors through the legal and strategic steps necessary for a successful application. For more information and consultation, contact us via cklawfirm.org, info@cklawfirm.org, or LinkedIn.
Who is Attorney Ergül Çeliksoy?
Attorney Dr. Ergül Çeliksoy is a founding partner 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 a Master’s degree in international law and human rights law at the University of Nottingham in 2017, followed by a Ph.D. at the same university. His Ph.D., completed in 2022 at the University of Nottingham School of Law, marked a significant milestone in his academic career. Dr. Çeliksoy has published extensively in leading academic journals and is internationally recognized for his expertise in modern slavery, criminal justice, and criminal law. As a member of the California Bar, Dr. Çeliksoy offers exceptional service to his clients, particularly in U.S. immigration law cases. His expertise and experience in immigration law significantly contribute to CK Law Firm’s work in this area.
Dr. Çeliksoy provides comprehensive and strategic solutions to his clients in immigration law cases, helping secure their legal status in the U.S. His work on human rights and immigration processes, particularly in modern slavery and criminal law, effectively addresses the complex legal issues immigrants face. Dr. Çeliksoy reinforces CK Law Firm’s leadership in immigration law by offering reliable and effective legal consulting services to his clients, helping them build new lives in the United States.
By Asim Kilinc, Immigration Attorney at CK Law Firm
In this article, you will learn about:
- CBP One App and Asylum Applications: When and how the CBP One app was introduced, how it impacted the appointment process at the border for immigrants, and the technical issues encountered.
- Legal Regulations: New asylum application rules introduced by the Biden administration and how these rules affect immigrants seeking to apply for asylum at the border.
- Exceptions in Asylum Applications: How the right to apply for asylum is preserved in exceptional situations, such as unaccompanied minors, technical issues, life-threatening circumstances, and family unity.
- Alternative Legal Paths: What alternative legal routes are available for immigrants who cannot use the CBP One app or secure an appointment.
- Legal Challenges: Lawsuits filed against the limitations of the CBP One app and how these lawsuits may affect immigration applications.
In January 2023, U.S. Customs and Border Protection (CBP) launched an updated version of the CBP One app. This app allowed immigrants seeking to make their first asylum application in the United States to schedule appointments at the U.S.-Mexico border. However, the app faced widespread technical problems, and many immigrants did not have access to the necessary technology, lacked language options for non-English speakers, or faced other barriers to using the system. Despite this, beginning on May 11, 2023, cases emerged where asylum claims were rejected by immigration judges for immigrants who did not use the CBP One app at the border. While there are certain exceptions to this rule, the validity of these regulations is still being debated in court.
As an immigration attorney, this article will cover the key information about the CBP One app and how individuals who cannot secure an appointment can overcome barriers to applying for asylum:
Why Isn’t the CBP One App Working?
According to the new rules established by the Biden administration, certain foreign nationals crossing the U.S.-Mexico border cannot apply for asylum unless they follow legal channels. These new regulations are explained under INA § 212(a)(7), which imposes a ban on asylum applications for individuals entering the U.S. through the southwest land border without legal documentation. These rules apply to individuals entering the U.S. via Mexico or another third country between May 11, 2023, and May 11, 2025.
Individuals who meet these criteria and fail to obtain an appointment through the CBP One app at the border may have their asylum claims rejected. However, some exceptions exist, and individuals falling under these exceptions may still apply for asylum.
How to Overcome the Asylum Ban with the CBP One App?
- Unaccompanied Minors: Children under the age of 18 entering the U.S. alone will not be barred from applying for asylum even if they do not use the CBP One app. This is explicitly stated under 6 USC § 279(g)(2).
- Technical Issues and Other Barriers: If serious technical issues arise with the app or if it is not possible to use the app due to language barriers, illiteracy, or other reasons, this may qualify as an exception. According to 8 CFR § 208.33(a)(2)(B), individuals who could not obtain an appointment due to such technical or language issues should provide evidence. Gathering evidence such as error messages, emails requesting help, or testimonies can be crucial at this stage.
- Life-Threatening Circumstances: According to 8 CFR § 208.33(a)(3)(B), if an immigrant faces a serious life-threatening danger, this may be considered an exception. Individuals facing threats such as rape, torture, kidnapping, or murder can invoke this exception.
- Family Unity: Another important exception is related to family members. If a family member is eligible to apply for asylum, but other family members are not independently eligible, the primary applicant’s right to asylum may extend to their family members. This is outlined in 8 CFR 1208.33(c).
Alternative Paths Outside of CBP One
Individuals who cannot use the CBP One app or obtain an appointment may explore other legal avenues. These include various ways immigrants can submit their applications.
Legal Challenges Against CBP One Restrictions
Various lawsuits have been filed against the limitations of the CBP One app, and these lawsuits may result in changes to current regulations. For instance, in the recent Loper Bright Enterprises v. Raimondo decision, it was stated that courts are not obligated to rely on administrative agencies’ interpretations in unclear legal regulations. This decision may play a role in eliminating uncertainties surrounding asylum applications.
In conclusion, using the CBP One app is a crucial step for immigrants in the asylum application process. Individuals who arrive without an appointment through this app may still apply for asylum, but before the final court decision, they will be asked to provide a defense as to why they did not enter using the CBP One app. Discussing these details with your attorney and preparing a solid defense can help overcome these barriers, as exceptions and alternative paths still exist, and with sufficient evidence, these challenges can be surmounted.
Who is Attorney Asım Kılınç?
Attorney Asım Kılınç is the co-founder of CK Law Firm and is recognized for his expertise in immigration law and U.S. asylum applications. Kılınç completed his Master’s degree at Southern Methodist University Dedman School of Law and is a member of the Missouri Bar Association, with a focus on U.S. immigration law.
Attorney Kılınç’s extensive knowledge and experience in immigration law have significantly contributed to CK Law Firm’s success in this field. He has actively participated in the preparation of over 1,000 cases, demonstrating his expertise in this area. By providing comprehensive and professional legal support to his clients, he helps them adapt to their new lives in the U.S.
Attorney Kılınç is also well-versed in U.S. asylum applications. He meticulously guides his clients through the process and ensures they receive the best legal advice. He provides top-quality service to clients in matters of citizenship, Green Card, work permits, and other immigration processes, supporting them from start to finish on their journey to U.S. citizenship.
Attorney Asım Kılınç, who solidifies CK Law Firm’s leadership in immigration law and U.S. asylum applications, offers reliable and effective legal consultancy services to clients, assisting them in building a new life in the U.S.
By Asim Kilinc, Immigration Attorney at CK Law Firm
If you have a sibling who is a U.S. citizen, you may be eligible to obtain a Green Card, granting you the right to permanent residence in the United States. However, this process is subject to various conditions and can involve long waiting times. U.S. citizen siblings can apply for a Green Card on behalf of their non-citizen siblings, but it is important to note that this process tends to be more complex and lengthier compared to other family categories.
- What is the Sibling Category (F4)?
- What Are the Application Requirements?
- Application Process
- Waiting Time and Priority Dates
- Other Alternatives for Obtaining a Green Card
- Through the Sibling Category Challenges of Obtaining a Green Card in the Sibling Category
If you have any additional questions regarding this topic, feel free to reach out through the comment section below, message me directly via LinkedIn, or contact me through the website of the immigration law firm I co-founded, CK Law Firm.
What is the Sibling Category (F4)?
According to U.S. immigration law, U.S. citizens can apply for a Green Card for their siblings. These applications fall under the Family Preference Category, specifically known as the F4 Sibling Category. A U.S. citizen must file an Immigration Petition (Form I-130) for their sibling to initiate the process. The F4 category is designed for U.S. citizens who wish to help their siblings live in the U.S.
What Are the Application Requirements?
To apply, the following conditions must be met:
- U.S. Citizenship: The petitioner must be a U.S. citizen. Green Card holders or individuals with other immigration statuses cannot file this petition.
- Proof of Sibling Relationship: Birth certificates, marriage certificates, and other legal documents are required to prove the sibling relationship. These documents must show that both individuals share the same parents.
- Age Requirement: The U.S. citizen sibling must be at least 21 years old. Siblings of non-citizens cannot apply for this petition.
Application Process
The application process consists of several steps:
- Filing Form I-130: The U.S. citizen sibling submits Form I-130 to the U.S. Citizenship and Immigration Services (USCIS). This form establishes the sibling relationship and officially starts the application process. Completing the form accurately and thoroughly is essential for ensuring a smooth and efficient process.
- Approval of the Petition: USCIS reviews the form and supporting documents to verify the sibling relationship. Once approved, an approval notice is sent to the petitioner, allowing the process to move forward to the next stage.
- Waiting for a Visa Number: Visa numbers in the F4 category are limited, and there is often a long wait for them. Each year, the U.S. allocates a certain number of visas to this category. Therefore, it can take several years for the application to be processed and for a visa number to become available. The Visa Bulletin is updated monthly, and you can track the status of your petition through this bulletin.
- Visa Interview and Green Card Application: Once a visa number is assigned, you can apply for an Adjustment of Status if you are in the U.S., or go through Consular Processing if you are outside the U.S.
Waiting Time and Priority Dates
The waiting time in the sibling category is typically longer than in other family categories. It can take several years to process applications in the F4 category. The Visa Bulletin provides information about which applications are currently being processed, and you can track your application’s priority date and status there.
Other Alternatives for Obtaining a Green Card Through the Sibling Category
Given the long waiting times for a Green Card, individuals seeking permanent residence in the U.S. may explore other options:
- Student Visa (F1) or Work Visa (H-1B): These visas allow you to enter the U.S. temporarily. They can also help you stay in the U.S. for an extended period and potentially apply for a Green Card later.
- DV Lottery (Diversity Visa Lottery): You can enter the U.S. through the Green Card lottery, which offers a chance to win a Green Card. The DV Lottery provides a Green Card opportunity to citizens of certain countries.
- Employment Sponsorship: You can apply for a Green Card through employer sponsorship. This requires securing a job in the U.S. and having your employer sponsor your Green Card application.
Challenges of Obtaining a Green Card in the Sibling Category
There are several challenges to obtaining a Green Card in the F4 category. Long waiting times and limited visa numbers are common. Therefore, it’s crucial to ensure that all documents are complete and accurate when filing the application.
Conclusion
If you have a sibling who is a U.S. citizen, it is possible to obtain a Green Card, though the process can be lengthy and complex. Preparing all necessary documents accurately and thoroughly is essential for expediting the process. For more information and professional support, you can contact us through cklawfirm.org, info@cklawfirm.org, or LinkedIn.
Who is Attorney Asım Kılınç?
Attorney Asım Kılınç is the co-founder of CK Law Firm and is recognized for his expertise in immigration law and U.S. asylum applications. Kılınç completed his Master’s degree at Southern Methodist University Dedman School of Law and is a member of the Missouri Bar Association, with a focus on U.S. immigration law.
Attorney Kılınç’s extensive knowledge and experience in immigration law have significantly contributed to CK Law Firm’s success in this field. He has actively participated in the preparation of over 1,000 cases, demonstrating his expertise in this area. By providing comprehensive and professional legal support to his clients, he helps them adapt to their new lives in the U.S.
Attorney Kılınç is also well-versed in U.S. asylum applications. He meticulously guides his clients through the process and ensures they receive the best legal advice. He provides top-quality service to clients in matters of citizenship, Green Card, work permits, and other immigration processes, supporting them from start to finish on their journey to U.S. citizenship.
Attorney Asım Kılınç, who solidifies CK Law Firm’s leadership in immigration law and U.S. asylum applications, offers reliable and effective legal consultancy services to clients, assisting them in building a new life in the U.S.
By Asim Kilinc, Immigration Attorney at CK Law Firm
Many individuals who enter the U.S. as tourists may later consider switching to student status to pursue education. This can be an attractive option for those looking to take advantage of educational opportunities and build a career in America. However, the process of changing from a B2 tourist visa to an F1 student visa is governed by strict rules and requires careful planning. In this article, we will cover the details of the transition from tourist to student status within the U.S. and the steps you need to follow:
- Key Differences Between the B2 Tourist Visa and the F1 Student Visa
- Intent Issues: Things to Keep in Mind if You Plan to Study When Entering the U.S.
- Requirements for Status Change
- The Application Process for Status Change
- What to Do After Your Application is Approved
- What to Do if Your Application is Denied
For additional questions, feel free to reach out through the comments section of this article, send me a message directly on LinkedIn, or contact me via the CK Law Firm Immigration Law Firm website, which I co-founded.
Key Differences Between the B2 Tourist Visa and the F1 Student Visa
The B2 visa allows you to enter the U.S. as a tourist. It is typically used for tourism, medical treatment, or short-term visits. However, the B2 visa does not permit you to work or study in the U.S. If you decide to pursue education, you will need to switch to an F1 student visa.
The F1 visa is required for individuals planning to undertake full-time studies in the U.S. It allows you to attend universities, colleges, language schools, or other academic institutions. The F1 visa can be obtained either by applying at a U.S. consulate outside the country or through a change of status within the U.S. This article will focus on the latter.
Intent Issues: Things to Keep in Mind if You Plan to Study When Entering the U.S.
When entering the U.S. on a B2 visa, your intent must be for tourism. Immigration authorities may deny your request if they suspect you entered the U.S. with the primary intention of studying.
It’s essential to prove that you had no intention of studying at the time of your entry. Applying for an F1 visa immediately after entering the U.S. could lead authorities to believe that your actual intent was education rather than tourism. Therefore, it is generally recommended to wait at least 90 days after entering the U.S. before applying for a change to F1 status.
Requirements for Status Change
To switch from a B2 tourist visa to an F1 student visa within the U.S., you must meet certain criteria:
- Hold a valid B2 visa: You must have legally entered the U.S. with a B2 visa that has not expired.
- Declare your intent to study: To change to F1 status, you must provide proof of enrollment in a full-time academic program.
- Prove financial resources: Studying and living in the U.S. can be expensive, so you must demonstrate sufficient financial resources to cover your tuition and living expenses. Bank statements or sponsor letters are critical at this stage.
- Apply within the legal time frame: You must submit your application before your B2 visa expires. Failure to do so may result in denial of your application and unlawful presence in the U.S.
Application Process for Status Change
To change your status from a B2 tourist visa to an F1 student visa within the U.S., follow these steps:
a. Enroll in a U.S. Educational Institution and Obtain the I-20 Form
The first step is to be accepted by a U.S. educational institution. Once accepted, the school will issue an I-20 form. This document confirms that you are enrolled as a full-time student and can meet the financial requirements for your studies.
b. Fill Out and Submit Form I-539
To apply for a status change, you must complete and submit Form I-539. This can be done online or by mail through USCIS (U.S. Citizenship and Immigration Services).
Along with Form I-539, you must submit the following documents:
- The I-20 Form: Provided by your educational institution.
- Financial proof: Bank statements or sponsor documents demonstrating your ability to cover educational and living expenses.
- A copy of your passport and current B2 visa.
- Acceptance letter: The official acceptance letter from your school.
- Application fee: Payment for the application process.
c. Processing Time
It may take several months for USCIS to process your change of status application. During this period, your B2 tourist status must remain valid. You cannot start your education until your F1 status is approved.
USCIS may request additional documentation or schedule an interview. Submitting complete and accurate information will improve your chances of approval.
What to Do After Your Application is Approved
Once approved, you may begin your studies as an F1 student. The F1 visa allows you to study full-time in the U.S. but comes with certain restrictions:
- Part-time employment: F1 visa holders can generally work up to 20 hours per week on campus. Special permits are required for off-campus work (such as CPT or OPT).
- Visa renewal: You can maintain F1 status until your academic program ends. After completion, you must either leave the U.S. or apply for another visa status.
What to Do if Your Application is Denied
If your application is denied, USCIS will inform you of the reasons for denial. At this point, you have several options:
- Leave the U.S.: You must leave the country before your B2 visa expires to avoid unlawful presence.
- Apply for an F1 visa abroad: After leaving the U.S., you may apply for an F1 visa at a U.S. consulate in your home country.
- Appeal the decision: You may have the right to appeal and request a reconsideration. However, this process can be complex, and professional legal assistance may be necessary.
Conclusion
Changing from tourist to student status in the U.S. is possible with careful planning and the correct documentation. Following USCIS rules, submitting a complete application, and providing necessary documents are critical. Each case is unique, so working with an experienced immigration attorney can increase the chances of success. At CK Law Firm, we provide professional support for B2 to F1 status changes and other immigration matters, helping you start your education journey in the U.S. with confidence. For more information, feel free to contact us at cklawfirm.org, via email at info@cklawfirm.org, or through LinkedIn.
Who is Attorney Asım Kılınç?
Attorney Asım Kılınç is the co-founder of CK Law Firm and is recognized for his expertise in immigration law and U.S. asylum applications. Kılınç completed his Master’s degree at Southern Methodist University Dedman School of Law and is a member of the Missouri Bar Association, with a focus on U.S. immigration law.
Attorney Kılınç’s extensive knowledge and experience in immigration law have significantly contributed to CK Law Firm’s success in this field. He has actively participated in the preparation of over 1,000 cases, demonstrating his expertise in this area. By providing comprehensive and professional legal support to his clients, he helps them adapt to their new lives in the U.S.
Attorney Kılınç is also well-versed in U.S. asylum applications. He meticulously guides his clients through the process and ensures they receive the best legal advice. He provides top-quality service to clients in matters of citizenship, Green Card, work permits, and other immigration processes, supporting them from start to finish on their journey to U.S. citizenship.
Attorney Asım Kılınç, who solidifies CK Law Firm’s leadership in immigration law and U.S. asylum applications, offers reliable and effective legal consultancy services to clients, assisting them in building a new life in the U.S.
By Asim Kilinc, Immigration Attorney at CK Law Firm
The H-1B visa is a temporary work permit designed for foreign professionals who wish to work in the U.S. This type of visa is especially important for highly skilled workers and allows U.S. employers to hire foreign employees for positions that require specialized knowledge and skills. In this article, we will detail what the H-1B visa is and how to apply for it:
- What is an H-1B Visa?
- What are the Advantages of the H-1B Visa?
- What are the Requirements for the H-1B Visa?
- How to Apply for the H-1B Visa?
- H-1B Visa Duration and Renewal
If you have additional questions about the H-1B visa, please don’t hesitate to reach out to me through the comments section below, by sending me a message directly via LinkedIn, or via the CK Law Firm website, where I am a co-founder.
What is an H-1B Visa?
The H-1B visa is regulated under section 101(b) of the U.S. Immigration and Nationality Act and applies to “specialty occupations.” These occupations typically involve fields that require advanced education and expertise, such as science, engineering, information technology, finance, and healthcare. H-1B visa holders may temporarily reside in the U.S. to work for a specific employer.
Advantages of the H-1B Visa
The H-1B visa offers many benefits to foreign professionals who want to work in the U.S.:
- Legal Work Authorization in the U.S.
The H-1B visa grants foreign professionals the legal right to work in the U.S. It provides them with an opportunity to develop their careers by working for a specific employer in the U.S. This is especially beneficial for those seeking to gain experience in the U.S. job market. - Long-Term Employment Opportunities
Typically, the H-1B visa is granted for an initial period of 3 years and can be extended up to 6 years. This long-term work opportunity allows visa holders to work steadily in the U.S. and advance their careers. During this period, H-1B holders can also work on long-term projects with their U.S. employers. - Eligibility for Green Card Application
H-1B visa holders may apply for permanent residency (Green Card) in the U.S., provided they meet certain conditions. The H-1B visa is considered a significant step toward transitioning to a Green Card, enhancing the opportunity for visa holders to live and work in the U.S. permanently. - Family Members Can Join in the U.S.
H-1B visa holders can apply for H-4 visas for their spouses and unmarried children under 21 years of age. With the H-4 visa, family members can come to the U.S. and live with the visa holder. Under certain conditions, H-4 spouses may also apply for a work permit. - Professional Development and Educational Opportunities
By working in the U.S., H-1B visa holders can develop their professional skills and gain a competitive edge in the global job market. They may also have the opportunity to participate in various educational and certification programs in the U.S., which can help advance their careers and obtain internationally recognized qualifications. - High Salaries and Social Benefits
Working in the U.S. often comes with high salaries and various social benefits. H-1B visa holders may benefit from health insurance, retirement plans, and other social benefits offered by U.S. employers, improving their overall quality of life in the U.S. - Freedom to Travel
H-1B visa holders are allowed to leave and re-enter the U.S. during their visa period. This provides flexibility for those who need to travel for work or personal reasons. However, it is essential to ensure that their visa status is up to date before making travel plans.
Requirements for the H-1B Visa
To apply for an H-1B visa, the following conditions must be met:
Employer Sponsorship
A U.S.-based employer must sponsor the foreign professional for the H-1B visa. The employer must prove the need for the foreign worker and demonstrate that there are no sufficient qualified American citizens available for the position. Additionally, the employer must show that the salary offered to the H-1B worker aligns with the wages paid to similarly qualified American workers.
Specialty Occupation
The H-1B visa only applies to certain occupations. Accepted occupations typically require advanced expertise in fields such as science, engineering, IT, finance, and healthcare.
Education and Professional Qualifications
The applicant must possess the necessary education and qualifications for the position. Typically, at least a bachelor’s degree is required. In some cases, equivalent professional experience may also be accepted. The application must include educational and professional documentation.
Annual Cap
H-1B visa applications are subject to an annual cap. The U.S. Citizenship and Immigration Services (USCIS) grants 65,000 new H-1B visas annually, with an additional 20,000 visas reserved for foreign nationals who have graduated from U.S. higher education institutions. Applications usually open in April, and once the cap is reached, the application window closes.
Application Process and Required Documents
The employer must submit a Labor Condition Application (LCA) to the U.S. Department of Labor. After the LCA is approved, the employer submits Form I-129 to USCIS, along with relevant fees and supporting documentation.
How to Apply for an H-1B Visa?
- Labor Condition Application (LCA) Approval
The employer first submits the LCA to the U.S. Department of Labor. - Form I-129 Petition
Once the LCA is approved, the employer submits Form I-129 to USCIS. - Fees
Application fees are usually covered by the employer. - Lottery Process
If the cap is reached, USCIS uses a lottery to decide which applications will be processed. - Application Result
USCIS reviews the application and issues a decision. If approved, the applicant can travel to the U.S. to begin working.
H-1B Visa Duration and Renewal
The H-1B visa is typically granted for 3 years and can be extended for up to 6 years. When the visa period expires, the applicant must either leave the U.S. or renew the visa.
Conclusion
The H-1B visa is an important opportunity for foreign professionals to work in the U.S. However, due to the complexity of the process and the annual cap system, it is essential to carefully manage the process. For more detailed information and consultation services, feel free to contact us through the CK Law Firm website at cklawfirm.org, via email at info@cklawfirm.org, or reach out to us on LinkedIn.
Who is Attorney Asım Kılınç?
Attorney Asım Kılınç is the co-founder of CK Law Firm and is recognized for his expertise in immigration law and U.S. asylum applications. Kılınç completed his Master’s degree at Southern Methodist University Dedman School of Law and is a member of the Missouri Bar Association, with a focus on U.S. immigration law.
Attorney Kılınç’s extensive knowledge and experience in immigration law have significantly contributed to CK Law Firm’s success in this field. He has actively participated in the preparation of over 1,000 cases, demonstrating his expertise in this area. By providing comprehensive and professional legal support to his clients, he helps them adapt to their new lives in the U.S.
Attorney Kılınç is also well-versed in U.S. asylum applications. He meticulously guides his clients through the process and ensures they receive the best legal advice. He provides top-quality service to clients in matters of citizenship, Green Card, work permits, and other immigration processes, supporting them from start to finish on their journey to U.S. citizenship.
Attorney Asım Kılınç, who solidifies CK Law Firm’s leadership in immigration law and U.S. asylum applications, offers reliable and effective legal consultancy services to clients, assisting them in building a new life in the U.S.
By Asim Kilinc, Immigration Attorney at CK Law Firm
Applying for a Green Card through marriage is one of the most common ways for foreign nationals to obtain legal residency and work authorization in the United States. This process can be complex and includes many important steps. In this article, we will outline the details of the application process and highlight key points for a successful application:
- The Green Card Application Process
- Required Documents and Evidence
- Interview and Preparation Process
- Key Considerations During the Application Process
- Potential Issues During the Application Process
If you have any further questions, please feel free to reach out via the comments section below, send me a direct message on LinkedIn, or contact me through the website of CK Law Firm, where I serve as a co-founder.
Green Card Application Process
a. Filing Form I-130 and I-485:
The first step in the process is for the U.S. citizen or Green Card holder spouse to file Form I-130 on behalf of the foreign spouse. This form is the foundation of the family-based immigration application. If the foreign spouse is already in the U.S., they can simultaneously file Form I-485 for adjustment of status. Once Form I-130 is approved, applicants may submit Form I-485 to transition to lawful permanent resident status.
b. National Visa Center Process:
Once Form I-130 is approved, the application is sent to the National Visa Center (NVC). The NVC collects required documents and information, and then schedules an interview. The interview takes place at a U.S. consulate outside the United States.
c. Receiving the Conditional Green Card:
If the interview is successful, the foreign spouse will receive a two-year conditional Green Card. This card serves as a trial period to determine whether the marriage is genuine.
d. Transitioning to a Permanent Green Card:
Before the conditional Green Card expires, within 90 days, the couple must file Form I-751 to remove the conditions on the residency. At this stage, additional documents proving the legitimacy of the marriage must be provided. Once approved, the foreign spouse will receive a 10-year permanent Green Card.
Required Documents and Evidence
One of the most critical aspects of the application process is providing documents that prove the marriage is real. These documents may include:
- Identity and Birth Certificates: Birth certificates, passport copies, and citizenship or Green Card documentation of the U.S. citizen or permanent resident spouse.
- Proof of Marriage: Marriage certificate, wedding photos, joint bank account statements, lease agreements, photos taken together, and affidavits from family or friends.
- Medical Report: Form I-693, showing the applicant’s medical condition.
- Criminal Records: If the applicant has any criminal record, it must be documented.
Interview and Preparation Process
The interview is one of the most critical steps in the marriage-based Green Card application. During the interview, the authenticity of the marriage is questioned, and the couple may be asked about how well they know each other. When preparing for the interview, couples should keep the following points in mind:
- Provide Consistent Answers: The spouses must give consistent and harmonious answers during the interview. The officer may ask questions to each spouse separately and look for inconsistencies.
- Thorough Preparation: Couples should review their past memories, details of their marriage, and daily life. Knowing key dates, family members, and special moments spent together can be helpful during the interview.
Key Considerations During the Application Process
a. Timing:
It is important to complete the application process on time. Since the Green Card process can take several months, applications must be submitted completely and on time. Additionally, it is essential to apply with the necessary documents before the conditional Green Card expires.
b. Seek Professional Help:
Applying for a Green Card through marriage can be complex. To avoid errors at any stage of the process, it is advisable to seek professional support from an immigration lawyer.
c. Preventing Fraud Allegations:
The USCIS has strict measures in place to prevent fraudulent marriages. Therefore, it is crucial to present all details transparently and provide complete documentation during the application process.
Potential Issues During the Application Process
There may be some issues when applying for a Green Card through marriage. These problems often stem from the submission of incomplete or incorrect documents. Additionally, if the couple has a history of divorce or children from previous marriages, this can complicate the process. In such situations, consulting an immigration lawyer is the best course of action.
Conclusion
Applying for a Green Card through marriage is one of the most effective ways to obtain legal residency and work authorization in the U.S. However, to successfully complete this process, careful preparation and submission of the correct documents are required.
CK Law Firm is pleased to offer professional support for your marriage-based Green Card applications. For detailed information and consultation services, you can reach us via cklawfirm.org, info@cklawfirm.org, or LinkedIn.
Who is Attorney Asım Kılınç?
Attorney Asım Kılınç is the co-founder of CK Law Firm and is recognized for his expertise in immigration law and U.S. asylum applications. Kılınç completed his Master’s degree at Southern Methodist University Dedman School of Law and is a member of the Missouri Bar Association, with a focus on U.S. immigration law.
Attorney Kılınç’s extensive knowledge and experience in immigration law have significantly contributed to CK Law Firm’s success in this field. He has actively participated in the preparation of over 1,000 cases, demonstrating his expertise in this area. By providing comprehensive and professional legal support to his clients, he helps them adapt to their new lives in the U.S.
Attorney Kılınç is also well-versed in U.S. asylum applications. He meticulously guides his clients through the process and ensures they receive the best legal advice. He provides top-quality service to clients in matters of citizenship, Green Card, work permits, and other immigration processes, supporting them from start to finish on their journey to U.S. citizenship.
Attorney Asım Kılınç, who solidifies CK Law Firm’s leadership in immigration law and U.S. asylum applications, offers reliable and effective legal consultancy services to clients, assisting them in building a new life in the U.S.
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