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Imigração e Visto

Áreas de atuação

Imigração e Visto

The immigration law in the United States distinguishes between “non-immigrant” visas (that is, visas for temporary immigration) and “immigrant” visas (permanent visas). Many non-immigrant visas are renewable as long as the conditions that allow them to obtain them persist, leading, in fact, to the possibility of residing in the United States for an unlimited period of time. In contrast, “immigrant” visas are established as permanent and are intended for individuals who wish to move permanently to the United States (so-called green cards). Most of the visas you hear about “relocation” to the USA are seen as non-immigrant (for example, E visas, B visas, Visti O).

Lawyer Sonia Oliveri is pleased to provide a free first consultation on possible adaptable solutions to your case.

Non-Immigrant Visa

Among the most widely used non-immigrant visas, the following are certainly worthy of attention:

  • B Visas: Tourist or business visa.
  • E-1 and E-2 visas: Visas for entrepreneurs, companies or services and for their employees.
  • F and M Visas: Visas for study or training.
  • H-1B visas: workers with university degrees or higher.
  • J Visas: Visa for paid internships or cultural exchanges.
  • K Visas: Visas for engaged couples and couples living abroad.
  • Visa L: Visa for Managers and Transfer Experts between International Locations.
  • Visa O: Visa for extraordinary skills.
  • Visa P: Visa for athletes.

Licenses and Green Card

Anyone wishing to live in the United States indefinitely and work freely in any field must obtain a “United States Permanent Resident Card” or more commonly called a “Green Card”.

The green card can be obtained through different classification categories that reflect the interest that the USA has in accommodating the candidate. Therefore, higher categories will require important professional profiles, but will also facilitate procedures to facilitate the entry of foreigners into the United States.

  • EB-1: Permanent Residence for Extraordinary Skills, International Managers and Teachers.
  • EB-2: Green Card for professionals and people of exceptional ability.
  • EB-3: Permanent Residence Card for Workers
  • EB-4: Workers in special fields.
  • EB-5: Green Card for Investors.

B Visas

The “B” visa is a non-immigrant visa with extremely low costs, for those who wish to temporarily enter the United States not exceeding 6 months, for work (B-1) or private reasons (B-2).

It should certainly be noted that a European citizen can still travel to the United States for a period not exceeding 90 days through the ESTA program. However, while B visa is a real visa to be applied for and obtained before leaving, the ESTA program is simply an automated system that allows you to verify that travelers planning to travel to the United States meet the requirements for obtaining a visa.

To obtain a B1 / B2 visa, it is essential to show that you do not want to stay in the United States after the expiry of the period allowed for that visa (generally, even the single return ticket may be sufficient), that you have strong links with the country of origin (usually invoices, monthly utility bills or other recurring obligations in the country of origin, family certificates of people present in the country of origin and the like) are usually attached to the order and the necessary funds are available to support themselves during your stay in the USA (for this purpose, an account statement showing sufficient funds may also be sufficient).

Visa B-1 Business:

The B-1 visa allows you to travel in the United States for a period of six months for business reasons, so that you can enter into contracts, establish business and customer contacts, attend conferences and also, with important limitations, lend work activity independent. This visa is also often used to start a new business or to anticipate sustainability.

Tourist visa B-2:

The B-2 visitor visa is intended to allow the applicant to remain in the United States for a maximum period of 6 months. This visa is generally useful in situations where you want to visit your family or travel for extended periods within the United States. Another important function of the B-2 visa is to allow the monitoring of another individual who has received a visa other than a non-immigrant, if there is no family relationship with the subject.

Generally, non-immigrant visas allow the visa beneficiary to bring their spouse and children under the age of 21, as long as they are single, substantially extending their visa to the latter. However, if you do not fall into one of these family categories, you can still apply for a B1 / B2 visa. This is very convenient in cases of cohabitation. The cohabitant is not considered a spouse and therefore cannot apply to be admitted to the USA based on the non-immigrant visa received by the partner. However, the B1 / B2 visa expressly allows you to accompany another non-immigrant with whom you have a stable relationship (in technical terms, “non-spouse partner”, that is, unmarried partner).

Regarding this visa, lawyer Sonia Oliveri is available to provide a first free consultation.

E1 and E2 visas

E visas are among the most widespread, as they are intended for a large group of individuals and companies and their employees, from traders and entrepreneurs, to professionals and artists. As you can easily understand by reading the description of the different types of E visas, there are several requirements to be met and keep in mind to apply for these visas. Legal advice therefore becomes fundamental not only strictly in the field of immigration, but also in the formation of companies and contracts based on the visa application, so that it is possible to install documents and evidence required by American immigration. In fact, he usually waits until the end before applying for a visa, focusing his initial efforts only on the initial phase of the company. This poses a serious difficulty when applying for a visa,

E-1 trade visa:

The E-1 (or “Treaty Trader”) visa is a visa for those who frequently entertain business activities or services with the United States. Such frequent exchanges must be properly documented and must respond to precise proportions to obtain such a visa. This visa is frequently used by traders or import and export companies, but, as it may also extend to the provision of services, it can also be requested by professionals or other subjects involved in activities of various types, such as architects, artists and artisans. The E-1 visa is issued for a maximum period of 5 years and then extended for additional periods of 5 years, whenever all basic requirements persist.

Regarding this visa, lawyer Sonia Oliveri is available to provide a first free consultation.

E-2 visa for investors:

European countries are among the countries that can use the E-2 visa. The E-2 visa is the visa for those who wish to invest a sum of money in the United States to start a business or services, or to take over an already operational company. Our office is able not only to provide legal advice for visa applications, but also to put you in touch with possible activities to be detected or trained, often with the franchise modalities.

The investment required for an E-2 visa is variable. It is often wrongly said that an investment of around one hundred thousand dollars is required to obtain an E-2 visa. This prejudice is not only devoid of any legal basis, but often far from practical reality. The relevant laws do not dictate any type of limit. On the contrary, they dictate a principle of proportionality. The investment is considered acceptable or not, depending on the type of activity you want to do; for activities with low initial costs, an investment will be required covering almost all initial costs. On the other hand, for investments with high initial costs, an investment that covers only part of the initial costs can be considered sufficient. Therefore, even an investment of just twenty thousand dollars can be sufficient to obtain the E-2 visa, if the activity in question does not, by its nature, require a substantial initial cost and the latter is totally incurred. Think, for example, of a law firm; in this case, an investment of a few thousand dollars intended to cover only the first few months of renting the facilities, and the necessary technical equipment (computer, telephone, etc.), can be considered sufficient. Likewise, an investment of one hundred thousand dollars may not be sufficient if the activity undertaken requires substantial initial economic expenditures. One hundred thousand dollars will probably not be considered sufficient, for example, in the case of the opening of a new hotel or a new transport company,

Investment is not the only requirement for an E-2 visa, it is also necessary for the investment to be made by a citizen of the same country or by a company controlled by a citizen of the same country (or another country in which it is possible to apply) an E-2 visa). Even in the demand for control, incorrect statements are often heard. In particular, as a general rule, it is considered that the person applying for the E-2 visa must hold at least 50.1% of the company’s shares, this does not correspond to the truth in cases where the company is managed by one or more managers, not directly by their members. In fact, the requirement for control of the E-2 visa applicant can also be demonstrated through his position as a manager as well as a member. It is also possible to demonstrate negative control; that is, even admitting that the company is directly controlled only by its members, in the event that there are only two members and each holds 50% of the shares, each member enjoys the same decision-making power, being able to immobilize the other simply by voting against each other. This situation is defined as “negative control” and is considered sufficient to obtain an E-2 visa for each of the two investors.

In summary, other requirements for the E-2 visa are: that the investment comes from the same country and has already been partially carried out (and not just planned); that the company has already opened or is about to open; and that the business activity allows to obtain a substantial profit, and not only to guarantee the mere existence of who manages it. Finally, it is also possible to immobilize the amount to be invested, conditional on obtaining a visa. The E-2 visa has a maximum initial duration of 5 years, but is renewable on a continuous basis, as long as business activity persists.

Regarding this visa, lawyer Sonia Oliveri is available to provide a first free consultation.

Nationals employed by the E-1 or E-2 visa holder:

Every individual holder of an E-1 or E-2 visa can hire one or more individuals of the same nationality to work as managers or specialists in their own company, sponsoring them for a visa and as an employee.

Although the legal definition for Manager and Specialist is the same used for L visas (see the dedicated page for L visas for a better explanation), in the case of e visas, this definition is interpreted more broadly, allowing the Specialist in many types of workers. Thus, even a young person with few qualifications can obtain a visa and a manager, provided that it is possible to prove that, once an E visa is obtained, he will be, at least in part, managerial. Likewise, an individual who can perform specific functions, even if he is not particularly specialized, can be considered an Expert; as a generic cook, with no particular specializations in a particular type of cuisine. Therefore, in the case of visas and as an employee, any certificates, training and experience courses are certainly useful, but they do not play a crucial and essential role as in the case of L visas (see the section on L visas to understand the differences). The E-1 or E-2 employee visa also has an initial maximum duration of 5 years, but is continuously renewable, as long as the business activity persists and as long as the employee continues to work.

Regarding this visa, lawyer Sonia Oliveri is available to provide a first free consultation.

Members of the E-1 or E-2 visa holder (both principal and employees):

The spouse and unmarried children under the age of 21 can accompany the holder of the E-1 or E-2 visa in the United States. In addition, while children can only obtain a travel visa, the spouse has the right to apply for a work permit (so-called EAD) with which he can do any type of work (unlike the holder of the E visa who can only perform work activity within your company).

F and M Visa

F-1 visa for students and M visa for professional training:

The F-1 visa is for students who wish to study in the United States. You must obtain authorization from the respective educational institution before you can apply for an F-1 visa. Upon approval, you will receive the necessary documentation from the training institute to proceed with the visa application.

While a B visa may be sufficient for short, purely incidental study periods of the travel period, the F-1 visa is not only necessary when the main purpose of the trip is to attend school, but often also offers greater guarantees or future opportunities. For example, within the duration of the F-1 visa, you can apply for OPT (Optional Practice Training) status, which allows you to work up to 20 hours a week during the training period, or even full-time, for the training period. . period of one year, once school education has ended. On the contrary, it is not possible to apply for the OPT during or after the B visa. In addition, regardless of the OPT, already with the F-1 visa, it will be possible to carry out work activities within the training institute, which is not permitted by the B visa. .

Finally, the M Visa has functionality similar to the F-1 visa, but it is dedicated to non-academic training, for example, in the kitchen or in the field of art.

Regarding this visa, lawyer Sonia Oliveri is available to provide a first free consultation.

F-2 visas for members of the student’s family:

The student’s husband with an F-1 visa, as well as the student’s children, provided they are not married and under the age of 21, may enter the USA on an F-2 visa. The F-2 visa does not allow you to work or study, but only to accompany the student holding an F-1 visa. To obtain an F-2 visa, you will need to demonstrate that you have sufficient financial resources to support your living needs in the USA during the F-2 guaranteed period of stay.

H-1B Visas

H-1B Visa:

The H-1B visa is intended for workers with advanced degrees (university degree or higher) who want to work in the field of application of their course of study. For this visa it is necessary to find an employer who is willing to sponsor the candidate. Some examples of areas where you can use an H-1B visa are: computer science, architecture, engineering, mathematics, research, social sciences, biotechnology, medicine, education, law, accounting, economics, theology, art, computer science, finance, banking, marketing and telecommunications.

This visa has the advantage of being able to be assessed by American immigration in just 15 days (against the payment of an additional tax). It is important to note, however, that the visa decision does not involve its immediate issuance, other measures are necessary before the visa can be printed on the passport. The H-1B visa is issued for a period of three years, renewable for another three years. After the total period of six years, it will be possible to extend the stay even further, only in the presence of specific circumstances.

Regarding this visa, lawyer Sonia Oliveri is available to provide a first free consultation.

Applicant’s domiciles:

Spouses and children under the age of 21, whenever they are not married, can apply for an H-4 visa to accompany the H-1B visa holder.

Visa J

J-1 Visa:

The J-1 visa is a cultural exchange visa, used to perform positions or term internships. The fields for providing work can be the most disparate. We have witnessed the approval of J-1 visas for bartenders, teachers, ice cream makers, architects, etc. To obtain a J-1 visa, however, there must be a company willing to sponsor the worker. In this sense, our law firm can facilitate contact with these companies.

Regarding this visa, lawyer Sonia Oliveri is available to provide a first free consultation.

Family members of the Visa J-1 holder:

Spouse and unmarried children under the age of 21 can accompany the holder of the J-1 visa in the United States. The J-2 visa holder can also apply for the EAD (Employment Authorization Document) in order to be able to do the work during his stay in the United States.

K Visas

K-1 Visa:

The K-1 visa is intended for lovers of US citizens who wish to enter the United States to marry.

The groom will be entitled to the K-1 visa if:

  1. He intends to marry a citizen of the United States;
  2. Both parties are free to marry (for example, neither party is currently married);
  3. The wedding takes place within 90 days of the date of the boyfriend’s entry into the United States.

While it is possible to enter the United States on a tourist visa and then, as a result of the wedding, apply for a green card, this practice should be discouraged. In fact, when you enter the USA on a tourist visa, you are declaring that you do not want to stay permanently in the United States. Therefore, using a tourist visa when in reality you intend to marry and immigrate permanently, corresponds to a false oath and can have serious consequences.

Regarding this visa, lawyer Sonia Oliveri is available to provide a first free consultation.

K-3 Visa:

The K-3 visa is for spouses of American citizens residing abroad who wish to enter the United States until the application for family reunification is approved. When this happens, in fact, the K-3 visa holder can request the Status Adjustment to obtain the green card. To obtain a K-3 visa, you will need to undergo a series of medical examinations and demonstrate that the American citizen can guarantee financial support from a spouse.

Regarding this visa, lawyer Sonia Oliveri is available to provide a first free consultation.

Visa L

L-1 Visa:

O Visto L-1 destina-se ao pessoal ser transferido dentro da mesma empresa, de um escritório no exterior para uma filial, afiliada ou afiliada nos Estados Unidos e, no caso em que a sede já está presente, tanto no caso em que o escritório dos EUA deve ser fundado e iniciado. É essencial, no entanto, que durante os três anos anteriores ao pedido de visto, o funcionário a ser transferido tenha trabalhado continuamente pelo menos um ano para a empresa em um escritório fora dos EUA, e tenha exercido funções gerenciais, gerenciais ou altamente especializadas.

Embora esse visto possa ser uma escolha óbvia para grandes empresas, as empresas menos estruturadas ainda conseguem obtê-lo. Por exemplo, para mostrar que o funcionário a ser transferido exerceu funções gerenciais, será suficiente demonstrar que ele teve dois níveis de controle sob ele (isso é, que o funcionário controla alguém, que por sua vez controla outro subordinado), mesmo se formado por uma ou duas pessoas cada. Ou mesmo apenas um nível de controle é suficiente, se a ação administrativa for fornecida aos indivíduos por treinamento vocacional (arquitetos, engenheiros, etc.).

No que diz respeito ao trabalhador qualificado, os critérios podem ser mais rígidos e será necessário apresentar evidências de uma especialização real em uma técnica específica no próprio campo de trabalho. Portanto, atestados fundamentais, cursos de treinamento, mestres e outros testes semelhantes serão encontrados.

O visto L tem a vantagem de muitas vezes levar à obtenção de uma green card através do procedimento mais rápido, ou seja, através da classificação EB1. Além disso, é possível solicitar uma resposta ao pedido de visto L no prazo de 15 dias a contar da apresentação, mediante o pagamento de uma taxa adicional.

Com relação a esse visto, a advogada Sonia Oliveri está disponível para fornecer uma primeira consulta gratuita.

Visto L-2 para Familiares do Titular de Visto L-1:

Spouses and children under the age of 21 can accompany the worker on an L visa in the USA, obtaining an L-2 visa. The L-2 visa allows you to travel to the USA and even travel. The holder of the L-2 visa can also work in any field and in any modality, once the EAD (Employment Authorization Document) is obtained.

As in E visas, in L visas, the work of consulting and setting up the practice is essential. In fact, if company documentation, funds transfer and other important preliminary steps are not carried out correctly, you run the risk of your visa application being refused.

The visa

O-1 Visa:

The O-1 visa is intended for foreigners with extraordinary skills proven in science, technology, education, sports, business, art or music. As is evident, the categories we have just described are quite extensive. Consequently, you can apply for an O-1 visa that works in the field of cooking, fashion, music, sports, science, even professionals and artisans.

These extraordinary abilities are considered valid if the candidate can provide evidence that falls into at least three of the following categories:

  • Have obtained a national or international award, testifying to the excellence achieved in your field;
  • Be members of an association for individuals who have achieved considerable success, as judged by national or international experts;
  • Be able to demonstrate that your work has been the subject of articles in sectoral publications or of considerable circulation;
  • Be a judge, individually or as part of a jury, of the work of other people working in your professional or similar field;
  • Provide an original contribution of significant importance in the field of science, education or business;
  • Have written academic articles in professional publications or in publications of considerable circulation;
  • Having played a crucial role in distinguished organizations or bodies;
  • Receive, or currently receive, a high salary (or other form of compensation) compared to others at the same level in your industry.

NOTE: If these categories do not apply to your profession, due to its specific nature, you can attach comparable evidence to establish your own O-1 visa eligibility. Finally, although not explicitly included in the above categories, other elements considered for the purpose of the O-1 visa are: having played a decisive role in illustrious representations or events; having achieved a success witnessed by the public (by number of sales) or by critics; reference letters from famous people in your field.

The candidate, once he has been able to demonstrate his extraordinary skills, will also have to prove that he already has an appointment book or a real job offer in the United States. To this end, even with important limitations, it is also possible to find the company itself to work for.

It should be noted that the O-1 visa has the additional advantage of bringing the Green Card with some ease through the EB1 category and, later, for citizenship.

Our law firm offers a free assessment service on the possibilities of applying for an O-1 visa.

Regarding this visa, lawyer Sonia Oliveri is available to provide a first free consultation.

Applicant’s staff: Visa O-2

The essential staff of the matter applying for the O-1 visa, can apply for an O-2 visa. It is important to note that this visa is not available in some categories, that is, science, business or education. In addition, “essential personnel” means personnel without whom the O-1 visa applicant was unable to perform his or her own performance, of which personnel must be an integral part.

Candidate’s family members: Visa O-3

The spouse or children under the age of 21, both the applicant for the O-1 visa and the applicant for the O-2 visa, can obtain an O-3 visa. It should be noted, since the O-3 visa does not allow you to work in the USA, but only remains for the same period as the holder of the O-1 or O-2 visa.

P Visas

P-1 Visa:

The P-1 visa is intended for internationally recognized athletes.

The athlete must go to the USA in order to participate in an individual or team event in the discipline for which he has gained international fame. This event or series of events must already be known, or at least budgeted for, at the time of the visa application and cannot be recovered after entering the United States. The spouse and children of the P-1 visa holder can accompany him by obtaining the P-4 visa by extension.

Regarding this visa, lawyer Sonia Oliveri is available to provide a first free consultation.

P-2 Visa and P-3 Visa:

These visa categories refer to artists or other entertainment figures who will be part of an exchange program (P-2); or for artists who will be part of a culturally unique program (P-3).

EB-1

The EB-1 classification has the advantage of taking the green card in a few days and without the need for a sponsor.

This visa is intended for:

  1. Individuals with extraordinary abilities;
  2. International business managers;
  3. University professors and exceptional researchers.

1 – Individuals with extraordinary abilities:

Any field of application can be included in this category.

To obtain a green card using this category, it will be necessary to show that you have obtained an absolute level award in your field, or you will have to demonstrate your extraordinary skills in other ways.

Portanto, o prêmio de nível absoluto é suficiente. No entanto, se este prêmio estiver faltando, ainda será possível demonstrar as habilidades extraordinárias, apresentando testes alternativos, substancialmente idênticos aos exigidos para o visto O-1. Neste caso, entretanto, o critério de avaliação será mais rígido do que o usado no visto O-1, e para obter o green card será; necessário produzir provas particularmente convincentes.

2 – Gerentes de empresas internacionais:

A classificação EB1 também se aplica a gerentes ou executivos a serem transferidos dentro da mesma empresa, de um escritório no exterior, para uma filial, afiliada ou afiliada nos Estados Unidos. É essencial, no entanto, que durante os três anos anteriores ao pedido de visto, o requerente tenha trabalhado continuamente pelo menos um ano para a empresa em um local fora dos EUA, e tenha exercido funções gerenciais ou gerenciais.

A semelhança da classificação EB1 para gerentes multinacionais com o visto L. A principal diferença prática é que, para fins de EB1, o escritório norte-americano no qual ele se desloca já deve estar substancialmente operacional e não na fase de start-up (o que é possível dentro do visto L). Obviamente, há também uma diferença básica na abordagem entre os dois vistos. Já que o visto L é um visto de não-imigrante, e a classificação EB1 permite, em vez disso, obter o green card para residentes permanentes.

NOTA: É frequentemente alegado que o visto L é um requisito necessário antes de poder solicitar o green card através do EB-1 como gestor internacional. Esta declaração não corresponde à verdade. Embora as chances de obter um EB1 sejam muito altas se o visto L já foi renovado, é possível solicitar diretamente o green card com o procedimento EB1 como o primeiro visto, sem passar pelo visto L. desconectado e independente do o nível legal.

3 – Professores Universitários de Reputação Muito Clara:

The EB-1 rating for university professors requires at least three years of teaching or research experience in a given academic field, along with proof of formal international recognition for outstanding achievements in the same field. Unlike the other EB1 categories, this classification requires a full-time job offer from a higher education institution in the United States.

Regarding these visas, lawyer Sonia Oliveri is available to provide a first free consultation.

Candidate’s family members:

Parallel to the applicant, the spouse and children under the age of 21, whenever they are not married, may request a green card upon request of the applicant. Obviously, once the green card is obtained, it will be possible, after the appropriate period of time, to apply for US citizenship.

EB-2

The EB-2 is a visa to obtain residency in the USA for professionals with specialist or doctorate degrees and for people with exceptional skills, that is, skills that are longer than those normally present in their field. Notice how exceptional skills are, for American immigration, a concept that is legally different from EB1’s extraordinary skills. It is possible to include in this category different types of workers, such as architects, doctors, engineers, lawyers and teachers and teachers who work in elementary, high school or university.

There are three distinct categories of EB-2 visas:

EB2-A : for professionals who have a master’s degree or other higher education obtained in the United States, provided they have already received a job offer from a company in the USA;

EB2-B : for individuals with exceptional skills in the fields of science, business or art, provided they have already received a job offer from a company in the USA;

EB2-C or EB2-NIW : for individuals with exceptional skills, if it is possible to demonstrate that their activity will be of great benefit to interests relevant to the USA. In this case, applicants will not necessarily have received a job offer from a US company. This procedure is called “Exemption from National Interest”.

The EB2 category has much longer times and a more complex structure compared to EB1; however, it is faster than the EB3 procedure.

Like the EB3 category, however, it needs the certification process (the so-called PERM) with which you will certify that there is not a United States resident with the necessary qualifications for the position according to what requires a green card.

The structure of EB2 and EB3 is substantially common, but with different schedules for the completion of the practice by American immigration.

Both categories of EB provide for the following phases, each phase can start only after the previous one has been successful:

  1. Apply to the US Department of Labor for the minimum wage level for the position for which the work visa is being applied;
  2. Complex phase of announcements and evaluation of the curriculum (if received) by subjects other than the candidate;
  3. Petition for foreign worker;
  4. Green card application.

The EB-2 procedure is extremely complex and can be denied even for typing or calculation errors. It is also a process that needs to be well defined from the first stages, or the chances of getting a green card will decrease dramatically.

Lawyer Sonia Oliveri is available to provide a free first consultation.

Candidate’s family members:

In addition to the applicant, the spouse and children under the age of 21, provided they are not married, may request a green card upon request from the applicant. Obviously, once the green card is obtained, it will be possible, after the appropriate period of time, to apply for US citizenship.

Regarding these visas, lawyer Sonia Oliveri is available to provide a first free consultation.

EB-3

EB-3 is the permanent visa category for those who do not have a sufficiently structured profile to apply for an EB-1 or EB-2 visa. In fact, the requirements for an EB-3 are less stringent and make it possible to fit almost any type of worker into this category; waiting times, however, are longer than the other EB categories.

The procurement process is the same as the EB-2 classification. Therefore, you can consult the section of the website dealing with the latter category for more information.

Regarding this visa, lawyer Sonia Oliveri is available to provide a first free consultation.

Candidate’s family members:

In addition to the applicant, the spouse and children under the age of 21, provided they are not married, may request a green card upon request from the applicant. Obviously, once the green card is obtained, it will be possible, after the appropriate period of time, to apply for US citizenship.

EB-4

This classification is intended for workers who wish to move permanently to the United States to perform work in specific fields, such as religious, consular, medical, military, etc. There is a limit of ten thousand visas per year for this category, but it is usually not reached. For this category, a job certification (PERM) is not required.

Regarding this visa, lawyer Sonia Oliveri is available to provide a first free consultation.

EB-5

The EB-5 visa is for those individuals who want to invest at least five hundred thousand dollars, or one million dollars in a company that can create at least 10 full-time jobs for US residents. The amount of investment required depends on the geographical area in which the jobs will be produced. It is also very important to note that the investment can also be passive in nature. That is, instead of creating a business from scratch, it is possible to invest five hundred thousand dollars in a specific project already started and specifically certified for the EB-5 program. These projects are collected and sponsored by the CD Centro Regional. This passive investment, however, will allow a profit to be realized through the interest that is recognized by the structure that transposes the capital.

Regarding this visa, lawyer Sonia Oliveri is available to provide a first free consultation.

Candidate’s family members:

In addition to the applicant, the spouse and children under the age of 21, provided they are not married, may request a green card upon request from the applicant. Obviously, once the green card is obtained, it will be possible, after the appropriate period of time, to apply for US citizenship.

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