Employment Based Immigration
Our firm, The One Consultant, specializes in providing comprehensive assistance to small and medium-sized businesses seeking to secure the requisite visa approvals for hiring foreign workers. Our dedicated team possesses extensive expertise in navigating the intricacies of non-immigrant visas, offering specialized services for various visa categories, including H-1Bs, L-1A, L-1B, F-1, B-1/B-2, TN, E-3 visas, and more.
In addition to our proficiency in non-immigrant visas, we excel in handling PERM labor certifications for both EB-2 and EB-3 categories, catering to a diverse range of occupations. Our thorough understanding of the intricacies involved in PERM labor certifications ensures that businesses can successfully navigate the complex process, allowing them to secure qualified foreign talent.
Furthermore, our specialization extends to employment-based immigrant visa petitions (I-140), including those filed under the national interest waiver category. We guide businesses through the intricate process of preparing and filing I-140 petitions, providing strategic advice to maximize the chances of approval.
Our expertise also encompasses EB-1 cases, where we assist businesses in presenting compelling cases for foreign workers who demonstrate extraordinary abilities or have achieved outstanding accomplishments in their respective fields. Whether it’s securing an O-1 visa for individuals with extraordinary ability or an EB-1 visa for priority workers, we navigate the legal landscape to ensure a smooth and successful application process.
At The One Consultant, we recognize the unique challenges faced by small and medium-sized businesses in the process of hiring foreign workers. We take a personalized approach, tailoring our services to meet the specific needs of each client. Our commitment is not only to facilitate the visa application process but also to provide guidance on compliance with regulations, ensuring that businesses adhere to all legal requirements throughout the hiring process.
In essence, our firm stands as a reliable partner for businesses seeking to bring in international talent, offering specialized knowledge, experience, and a commitment to delivering tailored solutions that align with the unique needs of small and medium-sized enterprises.
Family Based Immigration
At The One Consultant, we understand the significance of family reunification, and our commitment extends to assisting individuals, whether married, engaged to a foreign national, or seeking to reunite with family members in the United States. Our dedicated team is here to guide you through the intricacies of the sponsorship process, ensuring that your dream of reuniting with loved ones and building a life together in the United States becomes a reality.
For those who are married or engaged to a foreign national, we offer comprehensive support in navigating the complex legal requirements involved in the family-sponsored immigration process. Our experienced professionals are well-versed in the nuances of visa categories such as the K-1 fiancé visa or marriage-based immigrant visas. We provide tailored guidance to help you successfully sponsor your spouse or fiancé, facilitating a smooth and efficient process for family reunification.
For individuals seeking to reunite with family members already in the United States, we assist in understanding and navigating the sponsorship process. Whether you are sponsoring parents, children, siblings, or other eligible relatives, we provide personalized advice to ensure compliance with immigration regulations. Our goal is to streamline the family reunification process, allowing you to build a life together with your loved ones in the United States.
Throughout the entire journey, The One Consultant is committed to providing not only legal expertise but also compassionate support. We recognize the emotional significance of family reunification, and our team is dedicated to alleviating the complexities of the immigration process. We work diligently to keep you informed, address any concerns, and guide you through each step, empowering you to make informed decisions for the benefit of your family.
Whether you are embarking on the journey of sponsoring a family member or navigating the complexities of fiancé or marriage-based visas, The One Consultant is your trusted partner. Our holistic approach ensures that your aspirations for family reunification align seamlessly with the legal requirements, ultimately paving the way for a joyous reunion and the opportunity to build a life together in the United States.
Investment Based Immigration
The EB-1C is a first-preference immigration petition, which means that there is currently no visa backlog for this category and priority dates are current. The EB-1C is an employment-based immigration petition designed specifically for multinational executives and managers, and must be sponsored by a U.S. employer.
REQUIREMENTS for EB-1C:
In order to qualify for the EB-1C, the foreigner must have been employed outside the United States in the 3 years preceding the petition, for at least 1 year by a firm or corporation, and must be seeking to enter into the U.S to continue service to that firm or organization’s affiliated U.S. entity. Moreover, the alien’s employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the U.S. prospective employer. The transferee’s managerial or executive duties must be at a high level that involves critical decision-making, supervising, and other job duties that are essential to the livelihood of the business.
The petitioning employer must be a U.S. employer. This employer must have been doing business for at least 1 year, as an affiliate, a subsidiary, or as the same corporation or other legal entity that employed the foreigner when he or she was abroad.
PROCESSING:
In addition to collecting all necessary evidence and documentation for the EB1C, the petitioner-employer must file a Form I-140, Petition for Alien Worker. The petitioner must also provide the filing fee, made payable to the U.S. Department of Homeland Security. Premium processing is not available EB1C petition.
DESCRIPTION:
The EB-5 visa for Immigrant Investors provides a method of obtaining a green card for foreign nationals who invest money in the United States. To obtain the visa, individuals must invest $1,000,000 (or at least $500,000 in a “Targeted Employment Area” – high unemployment or rural area), creating or preserving at least 10 jobs for U.S workers, excluding the investor(s) and their immediate family. The USCIS defines a “targeted employment area” (TEA) as an area which, at the time of investment, is a rural area (not within either a metropolitan statistical area (MSA)), OR an area within an MSA or the outer boundary of a city or town having a population of 20,000 or more which has experienced unemployment of at least 15% of the national average rate.
The foreign investor may consider several investment options for the EB-5 visa. The investor may create an entirely new commercial enterprise, may make investments directly in a job-generating commercial enterprise, or may invest funds into a “Regional Center”, which is a 3rd party-managed investment vehicle (private or public), which assumes the responsibility of creating the requisite number of jobs.
A “Regional Center” is defined as any economic entity, public or private, which is involved with the promotion of economic growth, improved regional productivity, job creation and increased domestic capital investment. Foreign investors may also invest in establishing an EB-5 Regional Center. If the foreign national investor’s EB-5 immigration petition (I-526) is approved, the investor and his or her dependents can apply adjustment of status (I-485) if they are physically present in the US or apply immigrant visa to enter the US.
The approval of I-485 or landing the US with immigrant visa will grant them conditional permanent residence in the United States valid for two years. Within the 90 day period before the conditional permanent residence expires, the investor must submit evidence documenting that the full required investment has been made and that 10 jobs have been maintained, or 10 jobs have been created or will be created within a reasonable time period. Section 203(b)(5) of the Immigration and Nationality Act (INA) allocates 10,000 EB-5 immigrant visas per year.
Of these 10,000 immigrant visas, 3,000 visas are reserved for aliens who invest in targeted employment areas (TEA) 3,000 visas are reserved for aliens who invest in commercial enterprises affiliated with Regional Centers.
Other Visas
Establishing the purpose of your stay in the United States is crucial, and it can be effectively communicated through a personal statement and supporting documentation from third parties. The specific requirements vary based on whether you are applying as a business visitor or a tourist.For business visits, a letter from your foreign employer should generally suffice. This letter should outline the purpose of your visit, whether it involves inspecting and making investments, performing work on behalf of your foreign employer, or giving lectures at a university. It’s essential to note that engaging in any employment activities within the United States is not permitted under this category.
If you are visiting friends or relatives in the US, a letter from the person you plan to visit can be presented to establish the purpose of your trip. In the context of tourism without a specific visitation agenda, demonstrating sufficient financial capability to fund your stay is important.
For individuals intending to explore potential educational opportunities, expressing the status of being a prospective student during the visa application process is crucial. This is particularly important for those considering a change of status to F-1 within the US. Failure to communicate this intent upfront may result in challenges during the change of status application.
To substantiate your commitment to a temporary stay, it’s imperative to establish strong ties to your home country. This includes providing evidence of close family ties, a job awaiting your return, and ownership of property. These ties serve as indicators that you have a compelling reason to return to your home country after your temporary stay in the United States.
Unlike other employment-based visa categories, the EB1A category typically does not meet its annual quota, meaning that a visa or change of status can be granted as soon as the petition is approved. Moreover, EB1A cases bypass the requirement for labor certification, allowing the process to be completed in just a few months.
The EB1B visa is a category of immigrant visas reserved for outstanding foreign professors and researchers. To qualify, applicants must meet several criteria
The EB1C visa is a category of immigrant visa under the EB1 classification, specifically designed for executives and managers being transferred within a multinational corporation. To qualify for an EB1C visa, an individual must meet several criteria
The EB4 visa is an immigrant visa category designated for foreign workers who are immigrating to the United States to serve as religious workers. To qualify for an EB4 visa, applicants must meet the following criteria
The E-1 visa is designed for nationals of a “treaty trader” country who wish to enter the United States to engage in significant trade primarily between the U.S. and their home country. This visa can also be obtained by key employees of such businesses. Key factors for eligibility include
The E-2 visa is available to nationals of countries that have an “investor treaty” with the United States. It is designed for individuals who wish to enter the U.S. to direct and manage an enterprise in which they have made or are actively making a significant capital investment. This visa can also be extended to key employees of the business. The key eligibility criteria include
The H-1B visa is one of the most sought-after work visas in the H class of nonimmigrant visas. It is intended for foreign workers who come to the United States to temporarily perform services in a specialty occupation for a U.S. employer. The key factors for eligibility include
The L-1A visa is designed for foreign workers coming to the United States to perform managerial or executive duties for a U.S. branch of a multinational company. To qualify for an L-1A visa, the following criteria must be met
The P visa classification includes three sub-categories: P-1, P-2, and P-3. Each serves different purposes in the arts and entertainment fields
The TN visa, established under the NAFTA agreement, allows Canadian and Mexican citizens to work in the U.S. in designated professional occupations. Eligibility for a TN visa involves
The B visa category includes B-1 for business visitors and B-2 for tourism visitors.
An F-1 visa allows foreign nationals to enter the U.S. as full-time students enrolled in a degree or certificate program at an accredited institution. It’s important to note that other non-immigrant visa holders can also study in the U.S., as long as it does not interfere with their visa status
The J-1 visa allows foreign nationals to participate in exchange programs aimed at promoting the exchange of knowledge and skills in fields such as education, arts, and sciences