Tuesday, October 8, 2013

A Immigration Attorney Is A Capable Resource

By Allan Hatchell


Millions of non immigrant visitors and immigrants enter the United States each year. However, the process can seem complex and hard to understand. This is why a New York immigration attorney is a helpful resource.

Generally most immigrants arrive through family petitions. Work related visas are capped and allow access to proportionately fewer individuals. An annual cap on work related entry permits one hundred and forty thousand inside the country. On the other hand, there is an absence of any restrictions for direct relatives. There are 5 classes of preferences applicable to various types of prospective workers. After gaining permanent residence, citizenship can be obtained after 5 years of continuous stay without any trips of 6 months or longer.

The government has also opened up access to investors. They may petition with an EB 5 application. Each year over 7 percent of the cap limit amount is awarded to qualifying investors in the nonfamily based programs. Another amount of over 7 percent of this yearly limit is awarded to qualifying special immigrants.

For employment visas labor certification is generally necessary unless individuals qualify for priority groups. Priority applicants receive 28.6 percent of the annual amount of the available cap amount. The priority preference category has three subcategories.

One subclass is made available for applicants with extraordinary ability in the arts, sciences, education, athletics or business. The applications made have to include abundant evidence of national or international recognition in the field of special expertise. Job offers are not a requirement of this class. However, applicants should intend to further their work experience once they are permitted to enter the country. They may petition on their own behalf and do not need anyone to make a filing for them.

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 final subgroup is for managers or executives who have been working for at least one of three preceding years with a foreign affiliate, subsidiary, branch or parent of a U. S. Employer. The prospective employer must provide a job offer and file the petition on behalf of such employees. How an individual qualifies for an available category is best determined with the assistance of experienced counsel. A New York immigration attorney can help guide you through the complex maize of the administration process with the USCIS.




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