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Marriage green card for a Canadian citizen approved in 5 months

As an immigration attorney, I have had the privilege of helping hundreds of couples navigate the complexities of the U.S. immigration system to achieve their dreams of being together. Each case is unique, but one particular success story stands out. In this blog, I’d like to share how we achieved the approval of a marriage-based green card for a Canadian-American couple in just 5 months, despite the typical 14.5-month processing time. Their love story is a testament to the power of love and efficient legal assistance.

  1. A Whirlwind Romance: The story begins with my clients, a Canadian citizen and an American, who fell in love after a brief period of dating. Their love was undeniable, and they decided to get married, even though their courtship had been relatively short. (This may be a red flag for USCIS). Their love story was truly extraordinary and heartwarming.
  2. Navigating Immigration Challenges: The couple’s challenge was the U.S. immigration process, which can be daunting, especially for couples who wish to avoid prolonged separation. For most marriage-based green card applications, the USCIS processing times can be quite lengthy, averaging 14.5 months. This couple was determined to stay together and not let bureaucratic delays stand in the way of their dreams.
  3. The Role of an Experienced Attorney: Their key to success was enlisting the help of an experienced immigration attorney. I firmly believe that professional legal guidance is crucial when dealing with the intricate immigration system. My commitment to enabling love stories like this one is what drives me every day.
  4. Building a Strong Case: Working closely with the couple, we compiled a comprehensive and compelling green card petition. We gathered evidence of their bona fide relationship, financial stability, and shared life plans. It was essential to present a strong case that demonstrated their genuine commitment to each other.
  5. The Moment of Triumph: In just five months, we received the green card approval. This was a remarkable achievement, considering the typical processing time. The couple’s joy and relief were palpable, and their love story could continue without any more disruptions.

Conclusion: This love story is a testament to the power of love and the importance of skilled legal assistance in the immigration process. Love should not be restricted by bureaucratic hurdles or prolonged separations. When couples have a genuine relationship and the right legal guidance, they can defy the odds and make their dreams a reality. This couple’s journey is a shining example of how love can conquer even the most significant challenges, and I am honored to have been a part of their success story.

If you would like help with your marriage green card case or explore the best visa or green card options for you, schedule a consultation today with an experienced immigration lawyer or contact us at the Juras Law Firm office at 480-425-2009!  We look forward to talking with you and assisting you in obtaining your green card!

 

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Success Stories Architect’s NIW Approved in 13 Days

The National Interest Waiver (NIW) offers qualified individuals the opportunity to petition for a green card without the need for a job offer from an employer. In this case study, we explore the petition of our immigration law firm‘s client, a highly accomplished professional in the field of sustainable architecture.

Upon reviewing his resume, it became evident that he was an ideal candidate for the NIW. Holding a Ph.D. in arid lands resource sciences, a master’s degree in architecture, and a bachelor’s degree in architectural engineering, his academic background showcased specialized knowledge in sustainable architecture, energy conservation, and design principles. Holding an advanced degree is a requirement for obtaining an NIW.

Architect

Now, let’s examine the three prongs that must be met for USCIS to waive the normal job offer and labor certification requirements for a green card.  First, his proposed endeavor must have substantial merit and national importance. Our client’s endeavor as Senior Lecturer and Faculty Advisor in the Master of Science in Architecture Graduate Program fits the criterion perfectly.  It plays a  role in the urgent fight against climate change by shaping future professionals to lead the charge in reducing architecture’s impact on the environment.  Furthermore, his proactive approach to conducting research and disseminating knowledge beyond his university promotes sustainable practices in the field of architecture.  The university’s trust in his expertise is evident, as he was entrusted with assisting in establishing a state-of-the-art carbon-zero energy environmental research laboratory and revising the environmental and technology curriculum – both critical steps in advancing the fight against climate change.

Our client’s second endeavor as Senior Project Manager in a reputable architecture firm, with a strong focus on sustainable design, is also of substantial merit and national significance.  It has the potential to make considerable strides in reducing the carbon footprint of U.S. communities.  As a leader and advisor to a team of professionals involved in sustainable architectural projects, he plays a crucial role in ensuring adherence to sustainable practices. These projects have the potential to positively impact education and medical access for numerous communities across the United States.   His leadership and guidance in this endeavor are of paramount importance to achieving sustainable outcomes that will benefit communities for years to come.

Both of our client’s endeavors are vital to the fight against climate change, an Immediate Priority Announced by the Current United States Administration. His academic and advisory responsibilities play a crucial role in meeting the demands of science and promoting sustainable practices in the field of architecture. Supported by overwhelming evidence and numerous references from experts in the field, his work holds significant merit and national importance, which certainly helps him qualify for a National Interest Waiver.

Second, we need to demonstrate that he is well-positioned to advance his endeavors. Our client’s advanced degrees in sustainable architecture, along with over ten years of experience in the field, recognition for achievements by distinguished individuals and organizations, and relevant professional memberships and publications, all demonstrate that is well-positioned to advance his endeavors. He has spent the last decade focused on sustainable, energy-efficient design, contributing to projects like Leadership in Energy and Environmental Design (LEED), High Performance Sustainable Building (HPSB) and net-zero buildings design. Moreover, he has a track record of conducting architectural design analysis and implementation through computer simulation for existing and new buildings, actively engaging in research, mentorship, interdisciplinary collaborations, current debates, and staying informed about current developments. He also contributes to the industry through conference papers and published peer-reviewed works while serving as an experienced reviewer of scholarly work and research proposals.

Last, we must show that, on balance, it would be beneficial to the United States to waive the requirements of a job offer and labor certification. Our client’s exceptional achievements in sustainable architecture have resulted in significant benefits to major industries in the U.S. and beyond. His contributions extend beyond his roles as Senior Lecturer, Faculty Advisor, and Senior Project Manager. He also dedicates himself to teaching and mentoring future leaders, conducting research, publishing, presenting, and serving as a leader in leading professional associations. Denying him a National Interest Waiver and permanent residence solely because another individual may be “minimally qualified” for his specific job would be unjustifiable.

His exceptional knowledge and skills in technology and business, particularly in design and energy conservation, have led to remarkable and documented advancements in sustainable architecture, as recognized by top academic experts and published throughout the industry. Such a level of achievement and a unique combination of skills and knowledge cannot be easily articulated in a labor certification application, where employers must state only the minimum requirements and search for a minimally qualified worker, rather than someone who has the proven ability to substantially advance an entire field forward. Based on the overwhelming evidence documenting the above, our client met the requirements for a National Interest Waiver, and his petition was approved in just 13 days.

Please note that this article does not constitute legal advice. We have simplified the law to provide general information about one National Interest Waiver case.  If you would like to determine if you qualify for the National Interest Waiver or explore the best visa or green card options for you, schedule a consultation today with an experienced immigration lawyer or contact us at the Juras Law Firm office at 480-425-2009! We look forward to talking with you and assisting you in obtaining the National Interest Waiver and green card!

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Success Stories: NIW for Researcher Approved in 13 Days

As an immigration attorney, I am thrilled to share an exciting success story. Recently, I had my client’s National Interest Waiver petition approved in just 13 days. This achievement not only underscores my client’s exceptional qualifications but also showcases my commitment and expertise.

In this blog post, I will examine this case in detail. Many clients come to my office to explore eligibility for the National Interest Waiver because it allows them to bypass the usual employment-based green card requirements of a job offer and the lengthy labor certification process. In order to qualify for the National Interest Waiver (NIW), the professionals need to hold an advanced degree and provide evidence that they meet the following three criteria: (i) their endeavor has both substantial merit and national importance, (ii) they are well positioned to advance the endeavor and (iii) on balance, it would be beneficial to the U.S. to waive the job offer and labor certification requirements. That’s where we come in when you contact us!

NIW for Geologist

I determined that my client, with his impressive academic background and significant contributions to the field of geology, was a strong candidate for the NIW. First, we submitted extensive documentary evidence establishing that the impact of my client’s research on the furtherance of human knowledge, especially the evolution of the solar system and prediction of climate change, has both substantial merit and national importance. My client holds a Doctor of Philosophy degree in Geology. He is working on two fully funded federal grants in his role as Assistant Research Professional.  Notably, his work on a NASA grant focuses on examining the impact history of the moon, providing humanity with a more complete picture of the evolution of the solar system, the Earth, and the Moon. Additionally, my client secured a National Science Foundation grant that facilitated the purchase of advanced equipment. This equipment allows him to push the boundaries of microanalytical techniques. We thus established that my client meets the first criterium.

Second, we submitted overwhelming evidence that my client is well-positioned to advance the endeavor. My client has a Ph.D. in geology. His research culminated in many research papers that were published in notable scientific journals. His research has been referenced by many articles utilized by other scientists. He collaborates with various external clients from numerous national and international universities. His two main research projects are focused on the evolution of the surface of Mars. Understanding these surface conditions and environments of Mars is important in humanity’s efforts for the future colonization of Mars. As such, he is well positioned to advance research furthering human knowledge, especially the evolution of the solar system and the prediction of climate change. Based on the above, he meets the second criterium.

Third, my client was hired as the top candidate in the advertised competitive search. Our immigration lawyers submitted support letters confirming that none of the U.S. candidates – many from top U.S. universities – provided the same level of accomplishment and promise as my client. We established with overwhelming evidence that my client offers contributions of such value that, he will serve the national interest to a substantially greater degree than would an available U.S. worker having the same minimum qualifications even if other qualified U.S. workers are available.  Accordingly, it would be beneficial to the United States to waive the job offer and labor certification requirement. The waiver of the job offer is in the national interest.  Accordingly, my client met the third criterium. We have demonstrated that my client’s contributions in the Earth and Space science field are of such unusual significance that they merit the special benefit of an interest waiver.

Please review our other post discussing some of our other National Interest Waiver cases: click here (NIW for Senior Power System Engineer) or here (NIW for Mining Engineer).

Please note that this article does not constitute legal advice.  We simplified the law to provide general information about the National Interest Waiver.  If you would like to discuss if you qualify for the National Interest Waiver or what is the best visa or green card option for you, schedule a consultation with an experienced immigration lawyer in Scottdale, Arizona or call the Juras Law Firm office at 480-425-2009! We look forward to talking with you and helping you obtain the National Interest Waiver and green card!

 

 

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Loan proceeds qualify as cash for EB-5 investment

D.C. Circuit Court ruled that loan proceeds qualify as cash under the EB-5 Program. Under a contrary interpretation, USCIS treats the investment as indebtedness rather than cash subject to additional requirements. Specifically, a loan may qualify as capital for EB-5 investment only if they are secured by assets owned by the investor. The court rejected such collateralization interpretation.

Please note that this article does not constitute a legal advice.  We simplified the law to outline only one aspect of the latest development of EB-5 green card process. If you would like to obtain an investment (EB-5) green card, call our experienced EB-5 green card attorney at 480-425-2009 or schedule your consultation online.

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New proposed H-1B “wage-based” selection process

The Department of Homeland Security (DHS) proposes to
change the process of selecting H-1B registrations for filing of H-1B cap-subject petitions from a random lottery selection to a wage-level-based selection process.

If more registrations were received during the annual
initial registration period than necessary to reach the
cap, USCIS would rank and select the registrations received generally on the basis of the highest OES wage level in the area of intended employment, beginning with OES wage level IV and proceeding in descending order with OES wage levels III, II, and I

These proposed changes would incentivize petitioners to offer higher wages
to H-1B workers or petition for positions requiring higher skills By changing the selection process, DHS would increase the chance
of selection for registrations or petitions seeking to employ beneficiaries at wages that would equal or exceed the level IV or level III prevailing wage. The DHS data shows that only 28.53% of H-1B petitions received in FYs 2018 and 2019 were filed for level IV and III wages.

The 30-day comments period starts on November 2, 2020.

Please note that this article does not constitute a legal advice.  We simplified the law to outline the proposed changes to H-1B selection process. If you would like to obtain an H-1B status, call our experienced H-1B attorney at 480-425-2009 or schedule your consultation online.

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How will new H-1B prevailing wage increase effect H-1B eligibility?

On October 8, 2020, Department of Labor (“DOL”) published an interim final rule changing its method for calculating the prevailing wage rates in the H-1B program. DOL altered the level 1 prevailing wage from the 17th percentile of the OES wage distribution to 45th percentile on the false
assumption that the wages paid to individuals with a master’s degree represent the entry level wages for H-1B workers. Based on that upward adjustment, DOL increased the level 2 prevailing wage rate from 34th to the 62nd percentile, the level 3 prevailing wage from the 50th to the 78th percentile and the level 4 prevailing wage from the 67th percentile to the 95th percentile.

The upward adjustment of prevailing wage rates results in an overnight increase in wage rates and may likely result in many employers not hiring foreign workers. Lawsuits were filed seeking injunction to stop the DOL interim final rule.

Please note that this article does not constitute a legal advice.  We simplified the law to outline only some proposed changes to H-1B rules. If you would like to obtain an H-1B status, call our experienced H-1B attorney at 480-425-2009 or schedule your consultation online.

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How to qualify for treaty trader (E-1) visa?

Two Mexican citizens established a US company to import fresh produce from Mexico and sell it in the U.S. and Canada. Each member held 50% interest in the US company. Each member invested “substantial” amount of capital and put it “at risk”. The company rented office space and and warehouse, obtained a license for the US Department of Agriculture, a Blue book rating, registered trademark, hired customs broker and incurred marketing and warehouse expenses. The company created job opportunities for US workers – hired a full time sales representative and started interviewing for other positions. During its first season, the company generated very healthy profit and took steps to increase its marketing efforts to increase sales and visibility.

We established that the trade is already in existence, it is “substantial” and principally (more than 50% of total volume of international trade) between the US and Mexico.

Please note that this article does not constitute a legal advice.  We simplified the law to outline one treaty trader (E-1) visa case study. If you would like to obtain a treaty trader (E-1) visa, call our experienced E-1 visa attorney at 480-425-2009 or schedule your consultation online.

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Is US-Canada border still closed for non-essential travel?

The land border between the US and Canada remains closed until October 21, 2020 for “non-essential” travel. The travel restrictions do not apply to travel by air, sea and to freight rail. The “essential travel” includes but is not limited to: (i) U.S. citizens and legal permanent residents, (ii) international students, (iii) people traveling to receive medical treatment, (iv) emergency responders and public health officials, (v) truck drivers moving cargo or other individuals engaged in international trade, (vi) official government and diplomatic travel, and (vii) members of the U.S. armed forces and their spouses and children.

Most U.S. ports of entry interpret the restrictions that only B1/B2 travel is prohibited, while other ports of entry interpret the restrictions more narrowly and require proof of “essentiality”. The Customs and Border Protection is still performing routine adjudications of TN and L-1 petitions at the land ports of entry, although some land ports are requiring proof that the proposed employment is “essential”.

Canada’s Quarantine Act requires anyone who is permitted to enter Canada to self-isolate for 14 days following entry to Canada (unless they are flag-poling).

Please note that this article does not constitute legal advice.  We simplified the law to outline the law. If you to schedule a consultation, call our experienced immigration attorney at 480-425-2009 or schedule your consultation online.

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Does a position shared by several employees count as one full-time job for EB-5 job creation?

In order to get an EB-5 green card through investment, the investor has to create at least 10 full-time jobs. A client wanted to invest in a restaurant where several employees would share some positions. Does that qualify?

To be considered a full-time job, it requires 35 hours a week. Where two or more employees share a full-time position it counts as one-full time job if they combine at least 35 hours per week. To demonstrate a full-time position is shared by more than one employees, the investor may should a written job-sharing agreement, we weekly schedule or evidence of the sharing of the responsibilities or benefits of a permanent full time position. However, two part-time jobs do not count.

Please note that this article does not constitute a legal advice.  We simplified the law to outline only one aspect of the EB-5 green card process. If you would like to obtain an investment (EB-5) green card, call our experienced EB-5 green card attorney at 480-425-2009 or schedule your consultation online.

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Can E-2 investment “count” toward EB-5 investment?

E-2 visa is for investors from treaty countries who invest “substantial” amount of capital into a US business. E-2 visa allows them to manage that business. E-2 visa has to be renewed every few years, depending on the treaty. A major downside of E-2 visa and a significant motivator for converting to the EB-5 green card is the problem of children of E-2 investors who are not eligible for E-2 dependent visas once they turn 21.

While there is no dollar amount for E-2 visa, in order to get EB-5 green card, the investor has to invest at least $900,000 in certain targeted employment areas or $1,800,000 anywhere else. While the E-2 capital investment may be counted towards the EB-5 investment, retained earnings or revenue generated by the E-2 investment may not be counted toward EB-5 investment. The investor must draw funds from the E-2 business and invest personal funds in order to “count” towards EB-5 investment.

In addition, the business must already have created the requisite ten jobs, or demonstrate that it will create the remaining jobs needed to meet the ten-job threshold within two years of the grant of conditional permanent resident status.

Planning and navigating the transition from E-2 to EB-5 can be a complicated process. If you would like to transition from E-2 investment to EB-5 investment and obtain an investment (EB-5) green card, call our experienced EB-5 green card attorney at 480-425-2009 or schedule your consultation online.

Please note that this article does not constitute a legal advice.  We simplified the law to outline only one aspect of the transition from E-2 visa to EB-5 green card.