Tuesday, November 27, 2012

A Immigration Attorney Is A Capable Resource

By Allan Hatchell


Each year large numbers of immigrants and non immigrant travelers arrive in the United States. The administration process that allows them access has become more difficult over time. As a result, seeking counsel from a New York immigration attorney has often become necessary.

It should be known at the outset that the system favors family based immigration. Employment based entry is limited and subject to caps. The limit on this category is 140,000 applicants per year. Whereas, by contrast immediate relatives of U. S. Citizens are given the highest priority and are not subject to annual caps which distinguishes them from other visa programs. There are basically five preference categories that distinguish different types of employment applications. Permanent residents are eligible to become citizens if they are 18 or over. They must have lived in the country for five years and without any trips exceeding six months.

Investors can qualify for visas under the EB 5 Program. Investors get 7.1 percent of the yearly limited amount for nonfamily based visa programs. Special immigrants qualify for another 7.1 percent of the annual capped amount.

Normally, undertaking the process of labor certification is necessary for workers, who do not meet the criteria for priority preferences. The priority class gets over 28 percent of the limited cap allowed. This special class has 3 subclasses.

Persons with extraordinary ability in athletics, the sciences, the arts, education or business is one subgroup. Applicants need extensive documentary proof showing recognition at national or international level in their fields of expertise. Applicants do not have to have specific job offers, as long as they intend to pursue work in their field of demonstrated ability. This is a fast track green card category. Such applicants can file their own petitions.

A second group is prescribed for professors and researchers with three years experience or more in teaching or research that has been internationally recognized. Applicants must want to work in tenure track teaching or similar research posts at an institution of higher learning. Prospective employers must show their job offer and file petitions on behalf of such individuals.

The third of the subclasses is open for executives or managers of multinational organizations. They should have been employed for at least 1 year of three preceding years for the foreign branch, subsidiary, parent or affiliate of a U. S. Employer. Their employer must provide the job offered and make the filing for its employees. How to meet the criteria for entry is optimally determined with professional help provided by qualified counsel. An experienced New York immigration attorney can guide filers through the intricate demands of the procedural process that is often required.




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