Frequently Asked Questions
Positioning Your EB-1 Visa Petition for Success: Do I need to have completed my academic studies?
No. Common misconceptions prevent some qualified applicants from pursuing an EB-1 or EB-2 visa. There is no absolute formula for determining who qualifies and that you do not need to have completed your academic studies to have your petition succeed.
Does Manuel Rivera and Associates, P.C. Handle National Interest Waiver Petitions?
Yes. To petition for your permanent residency in the EB-2 visa category, you must demonstrate that you are doing work that is in the national interest of the United States. The criteria for National Interest Waivers are firmly established by law. Work in many professional fields can qualify.
How Do I Petition for a PERM/Labor Certification (Carta De Trabajo)?
U.S. immigration law provides a process for employers to hire qualified immigrants in positions they cannot fill with U.S. citizens. Formerly known as labor certification, the PERM process enables workers in a wide variety of occupations to apply for green cards. Anyone in an industry where there is a shortage of American workers may qualify for a PERM immigrant visa.
Investor Visa: Can I Invest in the U.S and obtain a Green Card or Visa to Travel?
Yes. However, you can also obtain a non-immigrant visa by investing much less. The law states that you can make a substantial investment which has meant as little as $30,000.00. If you are an experienced businessperson able to invest substantial capital in the U.S., you may qualify for an EB-5 immigrant visa. The actual amount of the required investment is at least $1 million in most cases, but it may be as little as $500,000.
When Applying for an EB-5 Visa, Do I Need an Attorney to Evaluate My Business Plans and Documenting Qualifications?
Yes. In most cases, successful EB-5 visa applicants will purchase an existing business or set up a new one, and this business must employ a stipulated number of workers. Documenting and presenting your business plan is a vital part of the process.
In addition, you must successfully demonstrate that your investment capital belongs to you, has been lawfully obtained and that you have sufficient business management experience to succeed in your proposed project.
Do I Need An Experienced Attorney To Process My Family Visa and Fiancée Visa?
Yes. Manuel Rivera and Associates, P.C. has successfully assisted U.S. citizens and permanent residents secure green cards for spouses, children, siblings, and parents living in the U.S. and other countries. A person can qualify for an immigrant visa, or green card, through marriage to a U.S. citizen.
Do I Need Visas for Children, Spouses, Siblings and Parents?
U.S. immigration authorities maintain a priority or preference system for family visas. A complex web of quotas by country and waiting periods dictates how long it will take for your family visa application to be approved. Approximate current waiting times are listed on the U.S. Citizenship and Immigration Services Web site, http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html.
Do I Need An Experienced Attorney For My L-1 Visas for Intra-company Transfers?
Yes. The nonimmigrant L-1 visa is appropriate for executives, managers and other people with specialized skills who work for multinational companies and wish to transfer from another country to a U.S.-based position.
Do I Need An Experienced Attorney To Help Me In Obtaining A Professional H-1B Visa?
Yes. The H-1B category of nonimmigrant visa enables professionals who have a bachelor's degree or equivalent college-level education to live and work in the U.S. legally. It allows U.S. employers to employ foreign guest workers skilled in specialty occupations only when qualified U.S. citizens or residents are not available. H-1B petition must be filed by the employer.
If I have already been to immigration court and the Board of Immigration Appeals, and neither has given the results I need, do I have more options?
Yes. After the Board of Immigration Appeals denies your case, you can file a Petition for Review with the federal appellate court having jurisdiction over the case. This must be done within 30 days of the Board’s decision. If the Board of Immigration Appeals has denied your case, you should immediately contact Manuel Rivera & Associates, P.C. to review your case and determine whether you should file a Petition for Review with the federal appellate court.
