IMMIGRATION BASICS

How may I serve you as your Immigration

Attorney?

U.S. IMMIGRATION LAW HAS FOUR BASIC COMPONENTS:

1) Temporary visas (non-immigrant visas), such as a student (F-1), tourist (B-2), or professional worker (H-1B)

2) Permanent resident status (green card) for immigrants

3) U.S. Citizenship4) Removal/Deportation and inadmissibility of

those who are not legally permitted in the U.S.

TEMPORARY VISASNonimmigrant Visas Classifications

A Diplomat J-2 Dependent of J-1

B-1 Business Visitor K-1 Fiancée of U.S. Citizen

B-2 Tourist L-1 Intra-Company Transferee

C Transit L-2 Dependent of L-1

D Crew Person M-1 Vocational Student

E-1 Treaty Trader N Cultural Exchange

E-2 Treaty Investor O-1 Extraordinary Ability

E-3 Australian Professional O-2 Assistant to O-1

F-1 Student O-3 Dependent of O-1-2

F-2 F-1 Dependent P-1 Athlete, Entertainer

GForeign Government Official

P-2 Cultural Entertainer

H-1B Specialist/Professional P-3 Assistant to P-1-2

H-2 Temporary Shortage Q Cultural Exchange

H-3 Trainee R Religious Worker

H-4 Dependent of H-1-2-3 S Testify in Court

I News Media TN Canadian / Mexican Professional

J-1Scholar or Industrial Trainee

TD Spouse of TN

COMMON NON-IMMIGRANT (TEMPORARY) VISAS

B-1 Visas B-2 Visas The Visa Waiver Program F-1 Visas E1 and E2 VISAS for Traders &

Investors H-1B VISAS for Professionals L1 VISAS for Intra-company Transferees TN VISAS for Canadian & Mexican

Professionals

FAMILY-SPONSORED PERMANENT RESIDENT STATUS

Family sponsored immigration includes parents, spouses, children, and siblings of adult U.S. citizens and spouses and unmarried children of permanent residents.

For some categories there are long waiting times because the 226,000 visa numbers are insufficient for demand.

Two-Step Process

Petition – I-130

Adjustment of Status or Consular Processing

Preference Categories and Visa Bulletin

“Immediate Relatives” – the parents, spouses, and minor children of U.S. citizens – are exempt from the visa number requirement, and can immigrate as soon as the visa petition and adjustment or immigrant visa can be processed.

PREFERENCE CATEGORIES AND VISA BULLETIN

A Visa number is required for:

F1: Family preference – unmarried adult children of U.S. citizens

F2: Family preference – spouses and unmarried children of green card holders

F3: Family preference – married children of U.S. citizens

F4: Family preference – siblings of U.S. citizens.

JULY 2012 WAITING LIST FOR FAMILY BASED VISAS:

Family- Sponsored

All Chargeability Areas Except Those

Listed

CHINA- mainland born

INDIA MEXICO PHILIPPINES

F1 01MAY04 01MAY04 01MAY04 08MAR93 15APR96

F2A 22MAR08 22MAR08 22MAR08 15FEB08 22MAR08

F2B 01JUL03 01JUL03 01JUL03 22SEP92 22SEP00

F3 15JUL01 15JUL01 15JUL01 15NOV92 22MAR92

F4 08MAR00 08MAR00 08MAR00 01MAR96 15MAY88

Employment-Based Immigrant

The first employment-based preference (EB-1) is available to persons of “extraordinary ability,” “outstanding professors and researchers,” and certain “executives” and “managers” of multinational organizations

The second preference (EB-2) is for people in the “national interest” and those sponsored for a labor certification, and have a master’s degree or bachelor’s degree plus 5 years of work experience (or greater)

The third preference (EB-3) is for all other workers who usually must be sponsored for a labor certification issued by the Department of Labor to prove worker shortage

The fourth preference (EB-4) is principally for religious workers

The fifth preference (EB-5) is for investors

The employment-based (EB) preference system contains five (5) preferences:

Employment-Based Immigrant

Labor Certification

The Immigrant Visa Petition – USCIS Form I-140

Adjustment or Immigrant Visa

Employment Visa Backlogs

PROCESS:

INVESTOR IMMIGRANT VISA

Are green cards for sale? Not exactly, but if you have an entrepreneurial spirit and $500,000 to one million dollars, then obtaining a green card through investment may be your ideal immigration strategy.

Each fiscal year the government allots approximately 10,000 immigrant visas to eligible entrepreneurs who are able to invest money into a new commercial enterprise that benefits our economy and generates at least 10 full-time jobs for U.S. workers. This program is known as the Immigrant Investor Program and is more commonly referred to as the EB5 program.

Money Can’t Buy You Happiness, but Can It Buy You a Green Card?

EMPLOYMENT VISA BACKLOGSEmployment-

Based

All Charge-ability Areas Except Those Listed

CHINA- mainland born

INDIA MEXICO PHILIPPINES

1st C C C C C

2nd C 08MAR07 08MAR07 C C

3rd 08OCT05 01JUL04 01MAY02 01JUL05 08OCT05

Other Workers 22NOV04 22APR03 01MAY02 22NOV04 22NOV04

4th C C C C C

Certain Religious Workers

C C C C C

5thTargeted

Employment Areas/ Regional

Centers and Pilot Programs

C C C C C

INVESTOR IMMIGRANT VISA

An entrepreneur must invest a minimum of $1 million in a new commercial enterprise, an existing “troubled” business, or into expanding an existing business or $500,000 if investing within a targeted employment area.

The capital must have been lawfully obtained and considered “at risk” once invested into the enterprise.

The enterprise must create or preserve 10 full time jobs for U.S. workers, legal permanent residents, asylees and refugees.

The investor must maintain an active role at the enterprise either through daily management or policy formulation.

What are the qualifications for an EB-5 Visa?

INVESTOR IMMIGRANT VISA

Of the 10,000 available immigrant visas 3,000 are set aside for entrepreneurs willing to invest within a targeted employment area.

A targeted employment area is a rural area or an area experiencing unemployment of at least 150 percent of the national average rate.

If investing in a targeted employment area, the minimum capital investment requirement is reduced to half a million dollars while the rest of the conditions remain the same.

What is a Targeted Employment Area?

What is a Regional Center? For investors looking for a more passive role in the process, immigrant visas are available through the EB5 Pilot Program to those who invest the same amount of capital in an EB5 Regional Center.

An EB5 Regional Center is defined as any economic entity, public or private, which is involved in the promotion of economic growth, improved regional productivity, job creation and increased domestic capital investment.

Such investors are not required to be involved in the daily management of the enterprise or participate in policy formulation. Another benefit is that the job creation requirement is less stringent and that the direct and indirect creation of jobs through the Regional Center is sufficient.

INVESTOR IMMIGRANT VISA

To get the Immigrant Visa the entrepreneur must file a Form I-526 petition with the U.S. Citizenship & Immigration Services.

Once the I-526 is approved an entrepreneur can immediately apply for a green card.

The entrepreneur will be granted conditional permanent resident status valid for two years.

During this two-year period, the commercial enterprise must continue to operate.

Before the green card expires, the applicant will need to show that the enterprise is still in existence by filing an I-829 Petition to Remove Conditions of Residence.

PROCESS:

INVESTOR IMMIGRANT VISAEB-5 Green Card Benefits

Become a permanent resident (green card) in as little as seven months and 5 years later a U.S. citizen

Immigration to the United States quickly Bypass lengthy family and employment based immigration

processes in which others often wait years for a green card Spouse and children under 21 are able to immigrate with

the investor Required investment of $500,000 plus a management fee

for investment in Regional Centers (Canada now requires $800,000 to immigrate there)

Live anywhere in United States Freely travel in and out of the United States Enjoy retirement, attend school, or run another business No net worth disclosure is required

US Naturalization and Citizenship

U.S. citizens can vote, serve on juries, hold political office, and qualify for government jobs. U.S. citizens travel freely (whereas green card holders may lose their residency if they spend long periods of time abroad)

U.S. citizens cannot be deported

U.S. citizens may petition for their parents, married sons and daughters, and brothers and sisters to become permanent residents in the U.S. Also, their close relatives may immigrate more quickly

U.S. citizens may be subject to fewer restrictions on estate taxes

U.S. citizens who retire abroad receive full social security benefits (whereas permanent residents receive only 50%)

Reasons to Naturalize:

THE BASICS Permanent residence for 5 years, or 3 years if

married to a U.S. citizen

50% of the 5 or 3 years of required residence in the U.S.

Good moral character

Passing an English and History test

Oath of Allegiance to the U.S.

LAURA J. ROMAN, ESQ.

Your U.S. Immigration Attorney

ROMAN LAW FIRM, LLC11555 Lake Underhill Road

Orlando, Florida 32828

Phone: (407) 551-9711 Toll Free: (855) USROMAN Email: romanlawfirm@hotmail.com