By

EB-1 Extraordinary Ability Visa for Athletes

More and more gifted athletes are being recruited from all over the world to play professionally sports like basketball, football, soccer and baseball in the U.S. In addition, thanks to state-of-the-art training facilities like the one in Colorado Springs, Colorado, more and more athletes are coming to the U.S. to train for events like the Olympics, the World Cup and international bicycle racing. Many of these athletes, professional and amateur alike, often want to establish permanent residency in the United States.

An EB-1 visa is for foreign nationals with extraordinary ability in the sciences, arts, education, business or athletics seeking to establish permanent residency in the United States. To obtain an EB-1 visa, the foreign athlete must be able to demonstrate extraordinary ability in athletics, seek to enter the U.S. to continue in the same field and show that his or her entry will substantially benefit the U.S. The athlete must demonstrate “sustained or international acclaim” and that his or her achievements have been recognized in his or her field.

An example of a foreign professional athlete who has been awarded EB-1 visa and green card is professional golfer Nick Price, a native of Zimbabwe. He has 18 PGA tour wins (3 majors), a former #1 world ranking to his credit and was inducted into the World Golf Hall of Fame.

Another example of a foreign athlete who received EB-1 visa and green card is Robert Cheseret, a Kenyan-born long-distance runner who won the men’s title for the U.S. at the 2011 NACAC Cross Country Championships. Cheseret had a total of eight Pac-10 titles during his career – the most ever by a Pac-10 track and field athlete. Cheseret went on to capture the NCAA West Regional individual crown and was the Pac-10’s top finisher at the NCAA Championships with a tenth-place finish.

The athlete must either show a one-time achievement such as a major internationally recognized award or evidence of three of the ten categories. There are several major advantages for foreign athletes applying for the EB-1 visa. Athletes do not need to obtain labor certification or provide proof of a job offer. Consequently, this method is usually faster way to obtain a green card than applying for EB-2 or EB-3 immigration visa. The foreign athlete must show that (s)he meets all requirements of EB-1 extraordinary ability visa. While some athletes may be able to obtain EB-1 extraordinary ability visa without a lawyer, in order to obtain an approval, it’s advisable to hire an experienced EB-1 extraordinary ability visa attorney. Please call 480-425-2009 today or send us an email and we will help you obtain your EB-1 extraordinary ability visa (green card).

By

USCIS Processing Times for EB-5 Investor Visas (Green Cards) Released

The U.S. Citizenship and Immigration Services released an updated processing report for EB-5 investor visa applications.  EB-5 investor visas are permanent visas (green cards) for investors who invest $1.8 million (or $900,000 in targeted employment areas) and create 10 jobs.  The average processing time for an EB-5 investor visa application is now 32.5 – 49.5 months.  Once the application is approved, the investor receives a conditional permanent resident status for two years.  Then, within 90 days before the second anniversary of obtaining the conditional permanent resident status, the investor has to file a petition to remove conditions on his or her residence.  The average processing time to remove conditions on residence is 21 – 45.5 months.  The investors who do not want to be actively involved in directing their investment, can invest through one of the approved regional centers.  The processing time for an application to designate a regional center is 5.4 months.  If you would like to discuss the best way to obtain EB-5 investor visa (green card), CALL us TODAY at 480-425-2009 or contact us via our website, and experienced EB-5 investor visa attorney will help you!

By

It’s Time to Prepare H-1B Visa Petitions for Fiscal Year 2015

The U.S. Citizenship and Immigration Services will start accepting H-1B visa applications on April 1, 2014 for Fiscal Year 2015. H-1B visas are for foreign workers in specialty occupations with at least a bachelor’s degree or its equivalent. The fiscal year 2015 starts on October 1, 2014. There is a numerical cap on H-1B visas, which for FY 2015 is 65,000 plus an additional 20,000 for individuals who earned a Master’s degree or higher from U.S. accredited educational institutions. The cap will be filled very quickly, so it’s very important to start preparing the applications with an immigration lawyer early. Before the H-1B visa application can be submitted on April 1, certification of a labor condition application by the Department of Labor is required.

The Department of Labor may take up to seven business days to certify the labor condition application. Therefore, it’s important to make decisions about hiring foreign workers quickly and start preparing the applications as soon as possible, so the complete application can be submitted on April 1. If you want to make sure the H-1B visa application is prepared correctly, please call Juras Law Firm, PLC in Scottsdale, AZ at 480-425-2009 or schedule an appointment with us today!

By

What Is the Difference Between an E-2 Visa and EB-5 Visa?

While E-2 investor visas are temporary visas always issued for a limited period of time (several years), EB-5 visas are permanent visas. E-2 visas are based on a treaty between the U.S. and the country of the investor’s citizenship. If there is no treaty between the U.S. and the country of the investor’s citizenship, the investor cannot get an E-2 visa. EB-5 visas are not limited to only investors from some countries. The investment amount for an EB-5 visa is $1.8 million or $900,000 in a Targeted Employment Area.

There is no dollar limit for an E-2 visa, but the investment amount has to be “substantial”. In order to qualify for an EB-5 visa, an investor has to create 10 full-time jobs for U.S. workers. E-2 investor has to create at least one job for U.S. workers. For more information about E-2 and EB-5 visas from our law firm, call the Juras Law Firm, PLC office in Scottsdale, AZ to talk with an experienced attorney at 480-425-2009.