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Posts Tagged ‘EB5 Visa’
21st August 2011
Those who read this blog with any frequency may be aware that the administration routinely posts the estimated processing times of the United States Citizenship and Immigration Service (USCIS) as a courtesy to the public-at-large. To quote directly from the official website of the USCIS, USCIS.gov:
| Form | Title | Classification or Basis for Filing: | Processing Timeframe: |
|---|---|---|---|
| I-102 | Application for Replacement/Initial Nonimmigrant Arrival/Departure Record | Initial issuance or replacement of a Form I-94 | 2.5 Months |
| I-129 | Petition for A Nonimmigrant Worker | Blanket L | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | E – Treaty traders and investors | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Visa to be issued abroad | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Change of status in the U.S. | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Extension of stay in the U.S. | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | H-2A – Temporary workers | 1 Months |
| I-129 | Petition for A Nonimmigrant Worker | H-2B – Other temporary workers | 1 Months |
| I-129 | Petition for A Nonimmigrant Worker | H-3 – Temporary trainees | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | L – Intracompany transfers | 1 Months |
| I-129 | Petition for A Nonimmigrant Worker | O – Extraordinary ability | 2 Weeks |
| I-129 | Petition for A Nonimmigrant Worker | P – Athletes, artists, and entertainers | 2 Weeks |
| I-129 | Petition for A Nonimmigrant Worker | Q – Cultural exchange visitors and exchange visitors participating in the Irish Peace process | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | R – Religious occupation | 5 Months |
| I-129 | Petition for A Nonimmigrant Worker | TN – North American Free Trade Agreement (NAFTA) professional | 2 Months |
| I-129F | Petition for Alien Fiance(e) | K-1/K-2 – Not yet married – fiance and/or dependent child | 5 Months |
| I-129F | Petition for Alien Fiance(e) | K-3/K-4 – Already married – spouse and/or dependent child | 5 Months |
| I-130 | Petition for Alien Relative | Permanent resident filling for a spouse or child under 21 | 5 Months |
| I-130 | Petition for Alien Relative | U.S. citizen filing for a spouse, parent, or child under 21 | 5 Months |
| I-130 | Petition for Alien Relative | U.S. citizen filing for an unmarried son or daughter over 21 | September 27, 2007 |
| I-130 | Petition for Alien Relative | Permanent resident filling for an unmarried son or daughter over 21 | May 7, 2010 |
| I-130 | Petition for Alien Relative | U.S. citizen filing for a married son or daughter over 21 | June 1, 2010 |
| I-130 | Petition for Alien Relative | U.S. citizen filing for a brother or sister | April 25, 2007 |
| I-131 | Application for Travel Document | All other applicants for advance parole | 3 Months |
| I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | All other special immigrants | 5 Months |
| I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | Religious workers | 5 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Employment-based adjustment applications | 4 Months |
| I-526 | Immigrant Petition By Alien Entrepreneur | For use by an entrepreneur who wishes to immigrate to the United States | 5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | Change status to the F or M academic or vocational student categories | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | Change of status to H or L dependents | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | Change Status to the J exchange visitor category | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | All other change of status applications | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | Extension of Stay for F or M academic or vocational students | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | Extension of stay for H and L dependents | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | Extension of Stay for J exchange visitors | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | All other extension applications | 2.5 Months |
| I-612 | Application for Waiver of the Foreign Residence Requirement | Application for a waiver of the 2-year foreign residence requirement based on exceptional hardship or persecution | 4 Months |
| I-751 | Petition to Remove the Conditions on Residence | Removal of lawful permanent resident conditions (spouses of U.S. citizens and lawful permanent residents | 6 Months |
| I-765 | Application for Employment Authorization | Based on an approved asylum application [(a)(5)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on a request by a qualified F-1 academic student. [(c)(3)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on a pending asylum application [(c)(8)] | 3 Weeks |
| I-765 | Application for Employment Authorization | Based on a pending I-485 adjustment application [(c)(9)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on TPS for El Salvador [(c)(19)(a)(12)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on TPS for Honduras/Nicaragua [(c)(19), (a)(12)] | 3 Months |
| I-765 | Application for Employment Authorization | All other applications for employment authorization | 3 Months |
| I-817 | Application for Family Unity Benefits | Voluntary departure under the family unity program | 6 Months |
| I-821 | Application for Temporary Protected Status | El Salvador extension | 3 Months |
| I-821 | Application for Temporary Protected Status | El Salvador initial or late filing | 3 Months |
| I-821 | Application for Temporary Protected Status | Honduras and Nicaragua extension | 3 Months |
| I-821 | Application for Temporary Protected Status | Honduras and Nicaragua initial or late filing | 3 Months |
| I-824 | Application for Action on an Approved Application or Petition | To request further action on an approved application or petition | 3 Months |
| I-829 | Petition by Entrepreneur to Remove Conditions | Removal of lawful permanent resident conditions (immigrant investors) | 6 Months |
| I-829 | Petition by Entrepreneur to Remove Conditions | Removal of lawful permanent resident conditions (immigrant investors) based on PL107-273 | September 12, 1997 |
| Form | Title | Classification or Basis for Filing: | Processing Timeframe: |
|---|---|---|---|
| I-102 | Application for Replacement/Initial Nonimmigrant Arrival/Departure Record | Initial issuance or replacement of a Form I-94 | 2.5 Months |
| I-129 | Petition for A Nonimmigrant Worker | Blanket L | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | E – Treaty traders and investors | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Visa to be issued abroad | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Change of status in the U.S. | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Extension of stay in the U.S. | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | H-1C – Nurses | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | H-2A – Temporary workers | 1 Months |
| I-129 | Petition for A Nonimmigrant Worker | H-2B – Other temporary workers | 1 Months |
| I-129 | Petition for A Nonimmigrant Worker | H-3 – Temporary trainees | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | L – Intracompany transfers | 1 Months |
| I-129 | Petition for A Nonimmigrant Worker | O – Extraordinary ability | 2 Weeks |
| I-129 | Petition for A Nonimmigrant Worker | P – Athletes, artists, and entertainers | 2 Weeks |
| I-129 | Petition for A Nonimmigrant Worker | Q – Cultural exchange visitors and exchange visitors participating in the Irish Peace process | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | R – Religious occupation | 5 Months |
| I-129 | Petition for A Nonimmigrant Worker | TN – North American Free Trade Agreement (NAFTA) professional | 2 Months |
| I-129F | Petition for Alien Fiance(e) | K-1/K-2 – Not yet married – fiance and/or dependent child | December 31, 2007 |
| I-129F | Petition for Alien Fiance(e) | K-3/K-4 – Already married – spouse and/or dependent child | December 31, 2007 |
| I-130 | Petition for Alien Relative | Permanent resident filling for a spouse or child under 21 | July 31, 2009 |
| I-130 | Petition for Alien Relative | U.S. citizen filing for an unmarried son or daughter over 21 | July 31, 2009 |
| I-130 | Petition for Alien Relative | Permanent resident filling for an unmarried son or daughter over 21 | July 31, 2009 |
| I-130 | Petition for Alien Relative | U.S. citizen filing for a married son or daughter over 21 | July 31, 2009 |
| I-130 | Petition for Alien Relative | U.S. citizen filing for a brother or sister | July 31, 2009 |
| I-131 | Application for Travel Document | Refugee or asylee applying for a refugee travel document | 3 Months |
| I-131 | Application for Travel Document | Permanent resident applying for a re-entry permit | 3 Months |
| I-131 | Application for Travel Document | Haitian Refugee Immigrant Fairness Act (HRIFA) dependent applying for advance parole | 3 Months |
| I-131 | Application for Travel Document | Haitian Refugee Immigrant Fairness Act (HRIFA) principal applying for advance parole | 3 Months |
| I-131 | Application for Travel Document | All other applicants for advance parole | 3 Months |
| I-140 | Immigrant Petition for Alien Worker | Extraordinary ability | 4 Months |
| I-140 | Immigrant Petition for Alien Worker | Outstanding professor or researcher | 4 Months |
| I-140 | Immigrant Petition for Alien Worker | Multinational executive or manager | 4 Months |
| I-140 | Immigrant Petition for Alien Worker | Advanced degree or exceptional ability | 4 Months |
| I-140 | Immigrant Petition for Alien Worker | Skilled worker or professional | 4 Months |
| I-140 | Immigrant Petition for Alien Worker | Unskilled worker | 4 Months |
| I-140 | Immigrant Petition for Alien Worker | Advanced degree or exceptional ability requesting a National Interest Waiver | 4 Months |
| I-140 | Immigrant Petition for Alien Worker | Schedule A Nurses | 4 Months |
| I-212 | Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal | Readmission after deportation or removal | November 9, 2008 |
| I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | All other special immigrants | 5 Months |
| I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | Violence Against Women Act (VAWA) | November 9, 2008 |
| I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | Religious workers | 5 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Employment-based adjustment applications | January 28, 2011 |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Based on grant of asylum more than 1 year ago | 4 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Based on refugee admission more than 1 year ago | 4 Months |
| I-526 | Immigrant Petition By Alien Entrepreneur | For use by an entrepreneur who wishes to immigrate to the United States | 5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | Change status to the F or M academic or vocational student categories | January 25, 2011 |
| I-539 | Application to Extend/Change Nonimmigrant Status | Change of status to H or L dependents | January 25, 2011 |
| I-539 | Application to Extend/Change Nonimmigrant Status | Change Status to the J exchange visitor category | January 25, 2011 |
| I-539 | Application to Extend/Change Nonimmigrant Status | All other change of status applications | January 25, 2011 |
| I-539 | Application to Extend/Change Nonimmigrant Status | Extension of Stay for F or M academic or vocational students | January 25, 2011 |
| I-539 | Application to Extend/Change Nonimmigrant Status | Extension of stay for H and L dependents | January 25, 2011 |
| I-539 | Application to Extend/Change Nonimmigrant Status | Extension of Stay for J exchange visitors | January 25, 2011 |
| I-539 | Application to Extend/Change Nonimmigrant Status | All other extension applications | January 25, 2011 |
| I-612 | Application for Waiver of the Foreign Residence Requirement | Application for a waiver of the 2-year foreign residence requirement based on exceptional hardship or persecution | June 27, 2010 |
| I-730 | Refugee/Asylee Relative Petition | Petition for accompanying family members of a refugee or an asylee | 5 Months |
| I-765 | Application for Employment Authorization | Based on an approved asylum application [(a)(5)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on a request by a qualified F-1 academic student. [(c)(3)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on a pending asylum application [(c)(8)] | 3 Weeks |
| I-765 | Application for Employment Authorization | Based on a pending I-485 adjustment application [(c)(9)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on TPS for El Salvador [(c)(19)(a)(12)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on TPS for Honduras/Nicaragua [(c)(19), (a)(12)] | 3 Months |
| I-765 | Application for Employment Authorization | All other applications for employment authorization | 3 Months |
| I-821 | Application for Temporary Protected Status | El Salvador extension | January 21, 2011 |
| I-821 | Application for Temporary Protected Status | El Salvador initial or late filing | January 21, 2011 |
| I-821 | Application for Temporary Protected Status | Honduras and Nicaragua extension | January 21, 2011 |
| I-821 | Application for Temporary Protected Status | Honduras and Nicaragua initial or late filing | January 21, 2011 |
| I-824 | Application for Action on an Approved Application or Petition | To request further action on an approved application or petition | February 4, 2011 |
| I-829 | Petition by Entrepreneur to Remove Conditions | Removal of lawful permanent resident conditions (immigrant investors) | 6 Months |
| I-829 | Petition by Entrepreneur to Remove Conditions | Removal of lawful permanent resident conditions (immigrant investors) based on PL107-273 | 6 Months |
| I-90 | Application to Replace Permanent Resident Card | Initial issuance or replacement | 3.5 Months |
| I-90 | Application to Replace Permanent Resident Card | 10-year renewal | March 15, 2011 |
| I-90A | Application to Replace Permanent Resident Card | Initial issuance or replacement for Special Agricultral Workers (SAW) | 3.5 Months |
| N-565 | Application for Replacement Naturalization/Citizenship Document | U.S. citizen applying for a replacement of naturalization or citizenship certificate | 6 Months |
| N-600 | Application for Certification of Citizenship | Application for recognition of U.S. citizenship | 5 Months |
| N-643 | Application for Certification of Citizenship on Behalf of an Adopted Child | Application for recognition of U.S. citizenship on behalf of an adopted child | 5 Months |
| Form | Title | Classification or Basis for Filing: | Processing Timeframe: |
|---|---|---|---|
| I-102 | Application for Replacement/Initial Nonimmigrant Arrival/Departure Record | Initial issuance or replacement of a Form I-94 | March 22, 2011 |
| I-129 | Petition for A Nonimmigrant Worker | Blanket L | December 27, 2007 |
| I-129 | Petition for A Nonimmigrant Worker | E – Treaty traders and investors | December 27, 2007 |
| I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Visa to be issued abroad | December 27, 2007 |
| I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Change of status in the U.S. | December 27, 2007 |
| I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Extension of stay in the U.S. | December 27, 2007 |
| I-129 | Petition for A Nonimmigrant Worker | H-1C – Nurses | December 27, 2007 |
| I-129 | Petition for A Nonimmigrant Worker | H-2A – Temporary workers | December 27, 2007 |
| I-129 | Petition for A Nonimmigrant Worker | H-2B – Other temporary workers | December 27, 2007 |
| I-129 | Petition for A Nonimmigrant Worker | H-3 – Temporary trainees | December 27, 2007 |
| I-129 | Petition for A Nonimmigrant Worker | L – Intracompany transfers | 1 Months |
| I-129 | Petition for A Nonimmigrant Worker | O – Extraordinary ability | December 27, 2007 |
| I-129 | Petition for A Nonimmigrant Worker | P – Athletes, artists, and entertainers | December 27, 2007 |
| I-129 | Petition for A Nonimmigrant Worker | Q – Cultural exchange visitors and exchange visitors participating in the Irish Peace process | December 27, 2007 |
| I-129 | Petition for A Nonimmigrant Worker | R – Religious occupation | December 27, 2007 |
| I-129 | Petition for A Nonimmigrant Worker | TN – North American Free Trade Agreement (NAFTA) professional | December 27, 2007 |
| I-129F | Petition for Alien Fiance(e) | K-1/K-2 – Not yet married – fiance and/or dependent child | 5 Months |
| I-129F | Petition for Alien Fiance(e) | K-3/K-4 – Already married – spouse and/or dependent child | 5 Months |
| I-130 | Petition for Alien Relative | Permanent resident filling for a spouse or child under 21 | 5 Months |
| I-130 | Petition for Alien Relative | U.S. citizen filing for a spouse, parent, or child under 21 | 5 Months |
| I-130 | Petition for Alien Relative | U.S. citizen filing for an unmarried son or daughter over 21 | 5 Months |
| I-130 | Petition for Alien Relative | Permanent resident filling for an unmarried son or daughter over 21 | 5 Months |
| I-130 | Petition for Alien Relative | U.S. citizen filing for a married son or daughter over 21 | 5 Months |
| I-130 | Petition for Alien Relative | U.S. citizen filing for a brother or sister | 5 Months |
| I-131 | Application for Travel Document | Refugee or asylee applying for a refugee travel document | 3 Months |
| I-131 | Application for Travel Document | Permanent resident applying for a re-entry permit | 3 Months |
| I-131 | Application for Travel Document | Haitian Refugee Immigrant Fairness Act (HRIFA) dependent applying for advance parole | 3 Months |
| I-131 | Application for Travel Document | Haitian Refugee Immigrant Fairness Act (HRIFA) principal applying for advance parole | 3 Months |
| I-131 | Application for Travel Document | All other applicants for advance parole | 3 Months |
| I-140 | Immigrant Petition for Alien Worker | Extraordinary ability | October 2, 2010 |
| I-140 | Immigrant Petition for Alien Worker | Outstanding professor or researcher | October 2, 2010 |
| I-140 | Immigrant Petition for Alien Worker | Multinational executive or manager | October 2, 2010 |
| I-140 | Immigrant Petition for Alien Worker | Advanced degree or exceptional ability | October 9, 2010 |
| I-140 | Immigrant Petition for Alien Worker | Skilled worker or professional | September 30, 2010 |
| I-140 | Immigrant Petition for Alien Worker | Unskilled worker | September 30, 2010 |
| I-140 | Immigrant Petition for Alien Worker | Advanced degree or exceptional ability requesting a National Interest Waiver | September 28, 2010 |
| I-140 | Immigrant Petition for Alien Worker | Schedule A Nurses | October 9, 2010 |
| I-212 | Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal | Readmission after deportation or removal | July 31, 2009 |
| I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | All other special immigrants | October 15, 2010 |
| I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | Violence Against Women Act (VAWA) | July 31, 2009 |
| I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | Religious workers | October 15, 2010 |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Employment-based adjustment applications | December 3, 2010 |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Under the Haitian Refugee Immigrant Fairness Act (HRIFA) | 4 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Under the Indochinese Adjustment Act | 4 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Under the Nicaraguan and Central American Relief Act (NACARA) | 4 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Based on grant of asylum more than 1 year ago | December 31, 2010 |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Based on refugee admission more than 1 year ago | 4 Months |
| I-526 | Immigrant Petition By Alien Entrepreneur | For use by an entrepreneur who wishes to immigrate to the United States | September 29, 2008 |
| I-612 | Application for Waiver of the Foreign Residence Requirement | Application for a waiver of the 2-year foreign residence requirement based on exceptional hardship or persecution | 4 Months |
| I-730 | Refugee/Asylee Relative Petition | Petition for accompanying family members of a refugee or an asylee | December 31, 2010 |
| I-751 | Petition to Remove the Conditions on Residence | Removal of lawful permanent resident conditions (spouses of U.S. citizens and lawful permanent residents | June 29, 2008 |
| I-765 | Application for Employment Authorization | Based on an approved asylum application [(a)(5)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on a request by a qualified F-1 academic student. [(c)(3)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on a pending asylum application [(c)(8)] | 3 Weeks |
| I-765 | Application for Employment Authorization | Based on a pending I-485 adjustment application [(c)(9)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on TPS for El Salvador [(c)(19)(a)(12)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on TPS for Honduras/Nicaragua [(c)(19), (a)(12)] | 3 Months |
| I-765 | Application for Employment Authorization | All other applications for employment authorization | 3 Months |
| I-817 | Application for Family Unity Benefits | Voluntary departure under the family unity program | December 31, 2010 |
| I-824 | Application for Action on an Approved Application or Petition | To request further action on an approved application or petition | August 16, 2010 |
| I-90 | Application to Replace Permanent Resident Card | Initial issuance or replacement | May 31, 2010 |
| N-565 | Application for Replacement Naturalization/Citizenship Document | U.S. citizen applying for a replacement of naturalization or citizenship certificate | 6 Months |
| N-600 | Application for Certification of Citizenship | Application for recognition of U.S. citizenship | 5 Months |
| Form | Title | Classification or Basis for Filing: | Processing Timeframe: |
|---|---|---|---|
| I-102 | Application for Replacement/Initial Nonimmigrant Arrival/Departure Record | Initial issuance or replacement of a Form I-94 | 2.5 Months |
| I-129 | Petition for A Nonimmigrant Worker | Blanket L | April 24, 2011 |
| I-129 | Petition for A Nonimmigrant Worker | E – Treaty traders and investors | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Visa to be issued abroad | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Change of status in the U.S. | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Extension of stay in the U.S. | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | H-1C – Nurses | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | H-2A – Temporary workers | 1 Months |
| I-129 | Petition for A Nonimmigrant Worker | H-2B – Other temporary workers | 1 Months |
| I-129 | Petition for A Nonimmigrant Worker | H-3 – Temporary trainees | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | L – Intracompany transfers | April 24, 2011 |
| I-129 | Petition for A Nonimmigrant Worker | O – Extraordinary ability | 2 Weeks |
| I-129 | Petition for A Nonimmigrant Worker | P – Athletes, artists, and entertainers | 2 Weeks |
| I-129 | Petition for A Nonimmigrant Worker | Q – Cultural exchange visitors and exchange visitors participating in the Irish Peace process | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | R – Religious occupation | 5 Months |
| I-129 | Petition for A Nonimmigrant Worker | TN – North American Free Trade Agreement (NAFTA) professional | 2 Months |
| I-129F | Petition for Alien Fiance(e) | K-1/K-2 – Not yet married – fiance and/or dependent child | 5 Months |
| I-129F | Petition for Alien Fiance(e) | K-3/K-4 – Already married – spouse and/or dependent child | 5 Months |
| I-130 | Petition for Alien Relative | Permanent resident filling for a spouse or child under 21 | September 11, 2010 |
| I-130 | Petition for Alien Relative | U.S. citizen filing for a spouse, parent, or child under 21 | 5 Months |
| I-130 | Petition for Alien Relative | U.S. citizen filing for an unmarried son or daughter over 21 | 5 Months |
| I-130 | Petition for Alien Relative | Permanent resident filling for an unmarried son or daughter over 21 | 5 Months |
| I-130 | Petition for Alien Relative | U.S. citizen filing for a married son or daughter over 21 | 5 Months |
| I-130 | Petition for Alien Relative | U.S. citizen filing for a brother or sister | July 24, 2010 |
| I-131 | Application for Travel Document | Refugee or asylee applying for a refugee travel document | March 1, 2011 |
| I-131 | Application for Travel Document | Permanent resident applying for a re-entry permit | March 1, 2011 |
| I-131 | Application for Travel Document | Haitian Refugee Immigrant Fairness Act (HRIFA) dependent applying for advance parole | 3 Months |
| I-131 | Application for Travel Document | Haitian Refugee Immigrant Fairness Act (HRIFA) principal applying for advance parole | 3 Months |
| I-131 | Application for Travel Document | All other applicants for advance parole | 3 Months |
| I-140 | Immigrant Petition for Alien Worker | Extraordinary ability | October 31, 2007 |
| I-140 | Immigrant Petition for Alien Worker | Outstanding professor or researcher | October 31, 2007 |
| I-140 | Immigrant Petition for Alien Worker | Multinational executive or manager | October 31, 2007 |
| I-140 | Immigrant Petition for Alien Worker | Advanced degree or exceptional ability | October 31, 2007 |
| I-140 | Immigrant Petition for Alien Worker | Skilled worker or professional | October 31, 2007 |
| I-140 | Immigrant Petition for Alien Worker | Unskilled worker | October 31, 2007 |
| I-140 | Immigrant Petition for Alien Worker | Advanced degree or exceptional ability requesting a National Interest Waiver | October 31, 2007 |
| I-140 | Immigrant Petition for Alien Worker | Schedule A Nurses | October 31, 2007 |
| I-212 | Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal | Readmission after deportation or removal | 4 Months |
| I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | All other special immigrants | 5 Months |
| I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | Violence Against Women Act (VAWA) | 5 Months |
| I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | Religious workers | 5 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Employment-based adjustment applications | January 30, 2011 |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Under the Haitian Refugee Immigrant Fairness Act (HRIFA) | 4 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Under the Indochinese Adjustment Act | 4 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Under the Nicaraguan and Central American Relief Act (NACARA) | 4 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Based on grant of asylum more than 1 year ago | 4 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Based on refugee admission more than 1 year ago | 4 Months |
| I-526 | Immigrant Petition By Alien Entrepreneur | For use by an entrepreneur who wishes to immigrate to the United States | 5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | Change status to the F or M academic or vocational student categories | March 13, 2011 |
| I-539 | Application to Extend/Change Nonimmigrant Status | Change of status to H or L dependents | March 13, 2011 |
| I-539 | Application to Extend/Change Nonimmigrant Status | Change Status to the J exchange visitor category | March 13, 2011 |
| I-539 | Application to Extend/Change Nonimmigrant Status | All other change of status applications | March 13, 2011 |
| I-539 | Application to Extend/Change Nonimmigrant Status | Extension of Stay for F or M academic or vocational students | March 13, 2011 |
| I-539 | Application to Extend/Change Nonimmigrant Status | Extension of stay for H and L dependents | March 13, 2011 |
| I-539 | Application to Extend/Change Nonimmigrant Status | Extension of Stay for J exchange visitors | March 13, 2011 |
| I-539 | Application to Extend/Change Nonimmigrant Status | All other extension applications | March 13, 2011 |
| I-612 | Application for Waiver of the Foreign Residence Requirement | Application for a waiver of the 2-year foreign residence requirement based on exceptional hardship or persecution | 4 Months |
| I-751 | Petition to Remove the Conditions on Residence | Removal of lawful permanent resident conditions (spouses of U.S. citizens and lawful permanent residents | 6 Months |
| I-765 | Application for Employment Authorization | Based on an approved asylum application [(a)(5)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on a request by a qualified F-1 academic student. [(c)(3)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on a pending asylum application [(c)(8)] | May 22, 2011 |
| I-765 | Application for Employment Authorization | Based on a pending I-485 adjustment application [(c)(9)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on TPS for El Salvador [(c)(19)(a)(12)] | October 31, 2010 |
| I-765 | Application for Employment Authorization | Based on TPS for Honduras/Nicaragua [(c)(19), (a)(12)] | January 6, 2011 |
| I-765 | Application for Employment Authorization | All other applications for employment authorization | 3 Months |
| I-817 | Application for Family Unity Benefits | Voluntary departure under the family unity program | 6 Months |
| I-821 | Application for Temporary Protected Status | El Salvador extension | October 31, 2010 |
| I-821 | Application for Temporary Protected Status | El Salvador initial or late filing | October 31, 2010 |
| I-821 | Application for Temporary Protected Status | Honduras and Nicaragua extension | October 31, 2010 |
| I-821 | Application for Temporary Protected Status | Honduras and Nicaragua initial or late filing | October 31, 2010 |
| I-824 | Application for Action on an Approved Application or Petition | To request further action on an approved application or petition | 3 Months |
| I-829 | Petition by Entrepreneur to Remove Conditions | Removal of lawful permanent resident conditions (immigrant investors) | 6 Months |
| I-829 | Petition by Entrepreneur to Remove Conditions | Removal of lawful permanent resident conditions (immigrant investors) based on PL107-273 | 6 Months |
| I-90 | Application to Replace Permanent Resident Card | Initial issuance or replacement | 3.5 Months |
| I-90 | Application to Replace Permanent Resident Card | 10-year renewal | March 31, 2009 |
| I-90A | Application to Replace Permanent Resident Card | Initial issuance or replacement for Special Agricultral Workers (SAW) | 3.5 Months |
| I-914 | Application for T Non-immigrant Status | Provide temporary immigration benefits to an alien who is a victim of trafficking in persons, and immediate family | 4 Months |
| I-918 | Petition for U Non-immigrant Status | Provide temporary immigration benefits to an alien who is a victim of qualifying criminal activity, and their qualifying family | 4 Months |
| N-565 | Application for Replacement Naturalization/Citizenship Document | U.S. citizen applying for a replacement of naturalization or citizenship certificate | 6 Months |
| N-600 | Application for Certification of Citizenship | Application for recognition of U.S. citizenship | 5 Months |
| N-643 | Application for Certification of Citizenship on Behalf of an Adopted Child | Application for recognition of U.S. citizenship on behalf of an adopted child | 5 Months |
Readers should be aware that the processing times noted above do NOT include consideration of the processing times at the National Visa Center (NVC) nor the Consular Processing times of each particular US Embassy, US Consulate, or American Institute abroad.
For information related to legal services in Southeast Asia please see: Legal.
6th June 2011
DOJ, DHS, and FTC Collaborating To Combat “Immigration Scams”
Posted by : admin
It recently came to this blogger’s attention that the Department of Justice, in association with the Department of Homeland Security and the Federal Trade Commission (FTC), is taking measures to combat scams involving immigration services for those wishing to travel to the USA . To quote directly from a recent announcement posted upon the official website of the Department of Justice, Justice.gov:
Federal Agencies Combat Immigration Services Scams
DHS, DOJ and FTC Collaborate with State and Local Partners in Unprecedented EffortWASHINGTON—The U.S. government will unveil a national initiative to combat immigration services scams on June 9 at 1 p.m. The Departments of Homeland Security (DHS) and Justice (DOJ) and the Federal Trade Commission (FTC) are leading this historic effort.
DHS’s U.S. Citizenship and Immigration Services (USCIS), the lead agency responsible for administering the U.S. legal immigration system, will announce the initiative while hosting events in seven cities around the country as well as the national launch in Washington, D.C.The unauthorized practice of immigration law is an exploitative practice that endangers the integrity of our immigration system and victimizes members of the immigrant community. Understanding the gravity of this deceptive practice, federal, state and local partners have come together to combat immigration services scams on all fronts. The initiative is set upon three pillars: enforcement, education, and continued collaboration. Each agency plays a critical role to ensure the success of this national effort. This initiative exemplifies how government and community can work together to effectively address a serious problem…
The administration of this web log encourages readers to click upon the relevant hyperlinks noted above to learn more about the Justice Department’s recently announced initiative.
Unfortunately, there are many less-than-reputable organizations in jurisdictions such as those which comprise the Association of Southeast Asian Nations (ASEAN) and other locales around the world falsely purporting to have the necessary qualifications to provide advice, counsel, and assistance pertaining to United States visas and immigration.
Processing a United States visa can be a cumbersome and overwhelming process for those unfamiliar with relevant immigration law and procedure. Those thinking about retaining an American lawyer to assist in the acquisition of visas such as the CR-1 visa, IR-1 visa, K-1 visa, EB-5 visa, or L-1 visa (to name just a few visa categories) are encouraged to ascertain the credentials of those claiming knowledge of such matters. This is encouraged because only properly licensed attorneys are permitted to accept fees to engage in the practice of U.S. immigration law pursuant to 8 CFR 292.1.
In general, before a visa applicant can undergo Consular Processing at US Mission abroad (US Embassy, US Consulate, American Institute, etc) they must first receive an approved petition from the United States Citizenship and Immigration Service (USCIS).
For related information please see: US Visa Thailand or Legal.
2nd June 2011
US Embassy in Kabul, Afghanistan: Holiday Closing Schedule 2011
Posted by : admin
Frequent readers of this web log may have taken note of the fact that the administration routinely posts the holiday closing schedules of the various US Missions in Asia as a courtesy to the public-at-large. To quote directly from the official website of the United States Embassy in Kabul, Afghanistan:
DATE DAY HOLIDAY
January 2* (US) Sunday New Year’s Day
January 16* (US) Sunday Martin Luther King, Jr. Day
February 15 (AF) Tuesday Liberation Day
February 16** (AF) Wednesday Prophet’s Birthday
February 20* (US) Sunday President’s Day
March 21 (AF) Monday Nawrooz (Afghan New Year – 1390)
April 28 (AF) Thursday Victory Day
May 29* (US) Sunday Memorial Day
July 3* (US) Sunday Independence Day
August 1** (AF) Monday First Day or Ramadan
August 18*** (AF) Thursday Independence Day
Aug 31 – Sept 2** (AF) Wednesday – Friday Eid ul-Fitr
September 4* (US) Sunday Labor Day
September 8*** (AF) Thursday Martyrdom of National Hero Day
October 9* (US) Sunday Columbus Day
November 6-8** (AF) Sunday – Tuesday Eid-e Qurban
November 10* (US) Thursday Veteran’s Day
November 24 (US) Thursday Thanksgiving Day
December 6** (AF) Tuesday 10th of Muharram (Ashura)
December 25 (US) Sunday Christmas DayNotes:
* American holidays marked with an asterisk (*) are observed on a different day than in the US.
** Afghan holidays marked with double asterisks (**) are based on the Islamic Calendar and depend on sightings of the moon. As a holiday approaches, adjustments to this schedule may be made based on local practice and Afghan government announcements.
*** Afghan holidays marked with triple asterisks (***) are observed one day earlier.
Those wishing to visit the official homepage of the United States Embassy in Kabul are encouraged to click HERE.
It may sometimes prove necessary for an American Resident Abroad or an American traveling abroad to acquire documentation (US Passport, Consular Report of Birth Abroad, Notarized affidavit, etc.) which can only be obtained from an American Citizen Services section of a US Embassy or US Consulate overseas. Americans seeking such documentation are well advised to contact an American Citizen Services Section with appropriate Consular jurisdiction.
Those seeking an American non-immigrant visa (such as a B-1 visa, B-2 visa, J-1 visa, or F-1 visa) are likely to see their visa application processed at a non-immigrant visa section of a US Embassy, US Consulate, or American Institute abroad. Meanwhile, those seeking an immigrant visa such as a CR-1 visa or IR-1 visa (for purposes of Consular Processing, the K-1 visa; although a non-immigrant US fiance visa, is treated in much the same way as immigrant visa categories for processing purposes) are likely to see their visa application processed by an Immigrant Visa Unit abroad. Immigrant visas such as those noted above are likely to only be granted pursuant to an initial adjudication of an immigration petition at the United States Citizenship and Immigration Service (USCIS).
Those seeking visas such as the EB-5 visa or the L-1 visa are well advised to take note of the fact that it is unlikely that a visa application will be adjudicated by a US Post abroad until after an initial immigration petition is approved by USCIS.
For related information please see: Legal.
29th May 2011
The EB-2 Visa: Eligibility And Consular Processing Discussed
Posted by : admin
In a previous posting on this blog the eligibility criteria for the EB-1 visa were briefly discussed. In that same vein, this blogger felt further elaboration on other Employment Based visa categories was warranted to provide insight to readers about issues associated with other employment based preference categories. The United States Citizenship and Immigration Service‘s (USCIS) official website posted an enlightening chart to provide an overall glimpse of the eligibility criteria which this blogger felt could be of interest to readers. To quote directly from the official website of the USCIS, USCIS.gov:
| Sub-Categories | Description | Evidence |
| Advanced Degree | The job you apply for must require an advanced degree and you must possess such a degree or its equivalent (a baccalaureate degree plus 5 years progressive work experience in the field). | Documentation, such as an official academic record showing that you have a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that you have a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that you have at least 5 years of progressive post-baccalaureate work experience in the specialty.
|
| Exceptional Ability | You must be able to show exceptional ability in the sciences, arts, or business. Exceptional ability “means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.” | You must meet at least three of the criteria below.* |
| National Interest Waiver | Aliens seeking a national interest waiver are requesting that the Labor Certification be waived because it is in the interest of the United States. Though the jobs that qualify for a national interest waiver are not defined by statute, national interest waivers are usually granted to those who have exceptional ability (see above) and whose employment in the United States would greatly benefit the national. Those seeking a national interest waiver may self-petition (they do not need an employer to sponsor them) and may file their labor certification directly with USCIS along with their Form I-140, Petition for Alien Worker. | You must meet at least three of the criteria below* and demonstrate that it is in the national interest that you work permanently in the United States. |
Readers are encouraged to conduct their own research into these issues as the chart above is merely presented to provide something of an overview regarding eligibility. The chart above should not be viewed as an exhaustive analysis of the issues at play in a EB-2 petition.
It should be noted that second preference Employment Based petitions are carefully scrutinized as issuance of such visas is intended for those foreign professionals holding an advanced degree or an alien national of “exceptional ability”. Therefore prospective visa seekers are encouraged to note the rather high standards by which those seeking this visa category will be compared during the adjudication process.
Those seeking the visa categorized as an EB-2 are well advised to remember that adjudication of a visa petition at the Department of Homeland Security‘s USCIS may be only one phase of the overall visa process as those residing outside of the United States may be required to undergo Consular Processing at a US Embassy or US Consulate abroad.
For readers who have happened upon this blog in the past, the mention of the “national interest waiver” may bring to mind the I-601 waiver or the I-212 waiver which could be argued to be somewhat similar. Another type of waiver that could be construed as similar to the “national interest waiver” is the waiver sometimes granted by USCIS to permit the filing of multiple petitions for a K1 visa within a relatively short period of time notwithstanding the provisions of the International Marriage Broker Regulation Act (IMBRA).
Frequent readers may recall that the EB-5 visa is also classified as an Employment Based Visa although the criteria for EB-5 visa issuance is different from those of the EB-2 most notably as the EB-5 visa petitioner must demonstrate that a substantial investment has been made in the United States in order to hope to attain eligibility for EB-5 visa status.
The United States visa process can be overwhelming at times and for this reason many opt to retain the assistance of counsel. That stated, when retaining the services of anyone purporting to be qualified to provide advice and/or assistance regarding immigration matters it may be prudent to ascertain credentials as, pursuant to relevant US law, only a licensed American attorney is permitted to take in client fees while engaged in the practice of United States immigration law.
For related information please see: Legal.
28th May 2011
The EB-1 Visa: Eligibility Issues Analyzed
Posted by : admin
There are many different visa categories statutorily designed for those wishing to work and/or invest in the United States of America. The very plethora of visa categories can make researching immigration issues somewhat confusing for the layman. One visa category that relatively few prospective visa seekers seem to understand is the Employment Based First Preference Visa Category, or to put it more succinctly: the EB-1 visa. The eligibility criteria for this visa category are somewhat stringent compared to other visa categories. To elucidate this fact it may be best to quote directly from and eligibility chart found by this blogger on the official website of United States Citizenship and Immigration Service (USCIS) at USCIS.gov:
| Categories | Description | Evidence |
| Extraordinary Ability | You must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. Your achievements must be recognized in your field through extensive documentation. No offer of employment is required. | You must meet 3 of 10 criteria* below, or provide evidence of a one-time achievement (i.e., Pulitzer, Oscar, Olympic Medal)
|
| Outstanding professors and researchers | You must demonstrate international recognition for your outstanding achievements in a particular academic field. You must have at least 3 years experience in teaching or research in that academic area. You must be entering the United States in order to pursue tenure or tenure track teaching or comparable research position at a university or other institution of higher education. | You must include documentation of at least two listed below** and an offer of employment from the prospective U.S. employer. |
| Multinational manager or executive | You 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 you must be seeking to enter the United States to continue service to that firm or organization. Your 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 employer. | Your petitioning employer must be a U.S. employer. Your 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 you abroad. |
Readers should be aware that the above citation is not intended to be utilized as an exhaustive tool for determining EB-1 visa eligibility, but the chart above does shed light upon some of the overall eligibility criteria which will likely be scrutinized during adjudication of a petition.
There are many factors which must be taken into consideration during the adjudication of an Employment Based visa petition. Frequent readers of this blog may recall that there is another visa category classified as EB that is sometimes discussed within these pages. That specific visa is the EB-5 visa which was designed for prospective immigrants wishing to come to the United States to make a substantial investment in the American economy. In the case of the EB-1 visa, the prospective visa holder would be asked to make an investment of sorts in that their extraordinary abilities would be invested in the United States as a likely consequence of issuance of a United States travel document which grants lawful permanent residence to the bearer upon lawful admission to the US by officers of the United States Customs and Border Protection Service (USCBP).
Readers should be aware that often USCIS adjudication is not the only phase of the EB visa process as Consular Processing at a US Embassy or US Consulate abroad may also be required depending upon the unique circumstances of a given case.
For Information Related To Family Based Visa Petitions Please See: US Visa Thailand.
3rd May 2011
It recently came to this blogger’s attention that the media mogul and Mayor of the City of New York Michael Bloomberg has been noted for remarks about the beneficial aspects of immigration to America. To quote directly from the website myfoxny.com:
WASHINGTON – Detroit should take a page from Lady Liberty and shine a beacon of welcome to immigrants as a way to overcome its severe population loss, New York Mayor Michael Bloomberg said Sunday.
For those who follow this blog with any frequency it should be noted that New York has recently seen efforts by the attorney generals of that State to decrease the amount of immigration fraud in the form of illegitimate operators claiming expertise in U.S. immigration matters. It would appear that the city of Detroit has encountered much economic turbulence as a result of recent economic downturns. Meanwhile, there can be significant benefits to a national economy to be had through effective immigration policies. To quote further from the aforementioned article:
Bloomberg’s prescription for Detroit’s salvation came in a discussion about what he called a “crisis of confidence” among business people about the nation’s economy. Bloomberg said the “most obvious” answer is to encourage immigration.
“This is a country that was built by immigrants … that became a superpower because of its immigrant population, and unless we continue to have immigrants, we cannot maintain as a superpower,” he said.
Virtually all Americans are descended from those who immigrated to the United States of America. In a modern context, there are many visa categories available to prospective immigrants who are interested in conducting business in America. For example, the EB-5 visa provides lawful permanent residence to the visa holder upon lawful admission to the United States. Furthermore, the E-2 visa may allow for non-immigrant visa benefits to those foreign nationals conducting business pursuant to a Treaty with the United States. In the context of Thailand, there may be visa benefits which can be acquired pursuant to the bi-lateral relationship between the USA and Thailand as codified in agreements such as the US-Thai Treaty of Amity. Some may be eligible for similar benefits in the form of the E-1 visa. Those working for a multi-national organization may be eligible to obtain an L-1 visa as an intra-company transferee either in the form of an L-1A visa or an L-1B visa, depending upon the factual circumstances of the case.
Clearly, there are benefits to be accrued to those immigrating to the USA. Concurrently, there may also be benefits to the American economy and the American People as a result of immigration to the USA by foreign nationals.
For related information please see: US lawyer or US business visa.
24th December 2010
เมื่อเร็วๆนี้การพัฒนาทางเศรษฐกิจได้สร้างความสับสนอลหม่านให้เศรษฐกิจของสหรัฐอเมริกา ความเห็นของผู้เขียนบล็อกนี้ประสงค์ที่จะเห็นมุมมองในแง่บวกของเศรษญกิจอเมริกา พื้นฐานของธุรกิจในสหรัฐอเมริกายังคงเป็นหนึ่งในประเทศที่ดีที่สุดที่เป็นผู้นำทางธุรกิจในด้านการค้า การให้บริการ การผลิต อ้างจากเว็บไซต์ locationusa.comซึ่งมีการอภิปรายถึงเศรษฐกิจสหรัฐอเมริกา
องค์กรรร่วมสหรัฐอเมริกาของบริษัทต่างชาติมีการจ้างงานคนอเมริกันมากกว่าห้าล้านคนและอีกหลายล้านคนโดยทางอ้อม ไม่มีข้อสงสัยที่ว่าทำไมการลงทุนในสหรัฐอเมริกาถึงมีสิทธิประโยชน์มากมาย ด้วยจำนวนประชากรที่มากกว่า 300 ล้านคนและระบบเศรษฐกิจที่ใหญ่ที่สุดในโลก สหรัฐอเมริกาเป็นตลาดที่สำคัญแห่งหนึ่งของบริษัททั่วโลก แรงงานอเมริกันถูกจัดอันดับว่า เป็นหนึ่งในด้านการให้การศึกษาที่ดีที่สุด มีศักยภาพในการผลิตมากที่สุดและมีความสร้างสรรค์มากที่สุดในโลก แหล่งที่ประกอบธุรกิจ สหรัฐอเมริกานั้นได้จัดให้มีระบบกฎหมายที่คาดการณ์และมีความโปร่งใส สาธารณูปโภคพื้นฐานที่มีประสิทธิภาพและเข้าถึงตลาดที่ทำกำไรที่ดีมากที่สุดแห่งหนึ่งของโลก
แม้ว่ามันจะดูขัดกับสัญชาตญาณในครั้งแรก การเข้าเมืองตามกฎหมายนั้นมีผลกระทบในทางบวกต่อเศรษฐกิจท้องถิ่นเป็นความจริงอย่างยิ่งที่ ผู้อพยพต่างลงทุนในระบบเศรษฐกิจสหรัฐอเมริกาและก่อตั้งธุรกิจในอเมริกา หนึ่งในวิธีการพื้นฐานที่ผู้อพยพจะได้รับสิทธิประโยชน์ในประเทศมหรัฐอเมริกาคือการที่ชาวต่างชาติลงทุนโดยตรง เม็ดเงินที่ลงทุนในอเมริกานั้นอาจถูกมองว่าเป็นการเพิ่มมูลค่าเงินหากมีการแข่งขันกันทั่วโลกในการลงทุนของต่างชาติในการลงทุนที่มีทั้งฝ่ายหนึ่งได้เปรียบและฝ่ายหนึ่งเสียเปรียบ นอกจากนั้นการลงทุนในสหรัฐอเมริกานั้นสามารถสร้างงาน ตามที่ได้กล่าวมาแล้วการลงทุนในอเมริกาเป็นทางเลือกหนึ่งที่เหมาะสมในการดำเนินกิจการทางธุรกิจโดยมีวัตถุประสงค์ที่ดึงดูดลูกค้าจากทั้งอเมริกาซึ่งเป็นตลาดที่มีแรงขับเคลื่อนจากผู้บริโภคสูงและทั่วโลก
วีซ่านักลงทุนประเภท EB-5นั้นเป็นเอกสารการเดินทางที่มีประโยชน์ต่อผู้ที่จะลงทุนและทำงานในสหรัฐอเมริกา วีซ่าประเภทนี้เป็นเอกสารการเดินทางที่ให้ผู้ถือกับพลเมืองที่มีถิ่นฐานถาวรในการเข้าเมืองอเมริกาอย่างถูกต้องตามกฎหมายที่จุดคนเข้าเมือง ผู้ที่สนใจที่จะได้รับวีซ่าEB-5 ควรที่จะค้นหาข้อมูลและบันทึกข้อเท็จจริงว่าผู้ลงทุนที่เป็นผู้อพยพประสงค์ที่จะใช้วีซ่าEB-5ต้องลงทุนอย่างต่ำห้าแสนเหรียญสหรัฐ(500,000) สำหรับผู้ที่ไม่ได้ประลงค์จะลงทุนในแบบ EB-5 พึงระลึกว่า การลงทุนทั่วไปนั้นอย่างต่ำหนึ่งล้านเหรียญสหรัฐ (1,000,000)
สำหรับผู้ที่ประสงค์จะลงทุนในธุรกิจขนาดย่อมในสหรัฐอเมริกาอาจจะต้องการสิทธิประโยชน์จากวีซ่าอเมริกาประเภท E-2อาจจะใช้สำหรับการเดินทางไปสหรัฐอเมริกาไปต่างประเทศในการลงทุนไปยังสหรัฐอเมริกา สิ่งที่พึงระลึกคือ E-2เป็นวีซ่าประเภทไม่ใช่ผู้อพยพ ดังนั้นผู้ที่ประสงค์จะอพยพไปยังสหรัฐอเมริกาเพื่อที่จะพักอาศัยอาจจะไม่ได้รับการบริการเกี่ยวกับวีซ่า E-2
20th December 2010
E-2 Visas and The Commonwealth of the Northern Mariana Islands (CNMI)
Posted by : admin
This blogger recently came upon a press release detailing the enactment of a final rule regarding E-2 visas for those wishing to invest and conduct business in the Commonwealth of the Northern Mariana Islands (CNMI). The following is quoted directly from the official website of the United States Citizenship and Immigration Service (USCIS):
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today posted a final rule in the Federal Register that creates a nonimmigrant investor visa classification in the Commonwealth of the Northern Mariana Islands (CNMI). The “E-2 CNMI Investor Visa” allows foreign long-term investors to reside in the CNMI through December 2014. Petitions for the E-2 CNMI Investor classification will be accepted beginning Jan. 18, 2011. Petitions received before Jan. 18, 2011, will be rejected.
Authorized by the Consolidated Natural Resources Act (CNRA) of 2008, the E-2 CNMI Investor Visa will be issued for two years, is renewable, and is valid only in the CNMI. The investor’s spouse and children may also apply for status as dependents of the investor.
For those who are unfamiliar with matters pertaining to the CNMI it should be noted that only recently was this jurisdiction folded into the group of jurisdictions which utilize the Department of Homeland Security to set and enforce immigration law and policy. In the past, the CNMI maintained relatively autonomous status when it came to immigration matters, but newly enacted rules have made CNMI Immigration rules very similar to those of the rest of the USA.
E-2 visas are very useful travel documents for those wish to go to the United States of America (or in this instance, the Commonwealth of the Northern Mariana Islands) for business or investment purposes. Strictly speaking, E-2 visas are non-immigrant visas, but unlike the B-2 visa (US Tourist Visa) the E-2 is effectively treated as if it were a dual intent travel document in the same vein as an L-1 visa. One of the benefits of dual intent travel documents is that the applicant does not need to overcome the presumption of immigrant intent as set forth in section 214b of the United States Immigration and Nationality Act.
The E-2 visa is sometimes confused with the EB-5 visa. The United States EB-5 visa is an Immigrant Investor visa. Pursuant to the provisions of relevant American Immigration law the applicant for an EB-5 visa is accorded Lawful Permanent Resident status upon lawful admission to the United States in EB-5 status. It should be noted that the EB-5 visa process can be rather cumbersome as a petition must initially be filed with the United States Citizenship and Immigration Service (USCIS). Furthermore, the EB-5 visa seeker must also undergo Consular Processing at a US Embassy, US Consulate, American Institute, or US Mission with appropriate Consular jurisdiction. Finally, the United States Customs and Border Protection Service (USCBP) is tasked with inspecting and making findings of admissibility when any foreign national requests admission to the USA. As stated above, upon lawful admission to the USA, an alien national in EB-5 status will be granted conditional lawful permanent residence in the USA.
For related information please see: E2 Visa Thailand.
14th December 2010
Since recent economic developments have caused turmoil in the American economy, it is this blogger’s opinion that few are willing to look at the positive aspects of the United States economy. As a business platform the United States of America is still one of the best countries to host businesses conducting trade, providing services, or conducting manufacturing. To quote directly from another website, locationusa.com, which discusses issues surrounding the United States economy at length:
U.S. affiliates of foreign companies employ more than five million U.S. workers and support millions more indirectly. There is no question that investing in the United States brings with it many advantages. With a population of more than 300 million and the largest economy in the world, the United States is the most important market for any global company. The American work force ranks as one of the best educated, most productive, and most innovative in the world. As a place to do business, the United States offers a predictable and transparent legal system, outstanding infrastructure, and access to the world’s most lucrative consumer market.
Although it may seem counter-intuitive at first blush, legal immigration has a tremendous positive impact upon local economies. This is especially true where immigrants are investing in the United States economy or setting up a business in the USA. One of the primary ways in which immigrants can be beneficial to the USA is through foreign direct investment. Any money invested in the United States could be viewed as a net positive if one were looking at global competition for foreign direct investment as a “zero sum” game. Furthermore, investment in the USA creates jobs. As stated above, the United States labor market is one of the most sophisticated and efficient on the planet. This is one of the many reasons why foreign companies set up offices in the United States as American Citizens and Lawful Permanent Residents are some of the best educated and best equipped to handle complex and difficult tasks. Also, the infrastructure of the United States is ranked high compared to other nations around the globe. In short, the United States of America is an optimal location to engage in business activity aimed at attracting customers from both the USA, which has a very dynamic consumer market, and the world at large.
The EB-5 Immigrant Investor visa is a very useful travel document for those who wish to both invest and work in the United States. This visa is a highly sought after travel document since it provides the bearer with lawful permanent residence upon lawful admission to the USA at a Port of Entry. Those interested in obtaining an EB-5 Visa should conduct research and take note of the fact that Immigrant Investors wishing to enjoy an EB5 visa should be willing to invest a minimum of five hundred thousand (500,000) United States dollars. Those seeking to invest in an “un-targeted” EB-5 program should note that such an investment must generally be at least one million (1,000,000) US dollars.
Those who wish to invest in a small business in the United States may find the the US E-2 visa beneficial as this travel document may be used to travel to the USA to oversee an enterprise located stateside. It should be noted that the E-2 is a non-immigrant visa and therefore, those wishing to immigrate to the USA to reside may not be well served by an E-2 visa.
For related information please see: EB-5 Visa China or EB-5 Visa Thailand.
3rd December 2010
United States EB-5 Visas for Citizens of Sri Lanka
Posted by : admin
The EB-5 Visa has been a frequently discussed topic on this blog over the past few weeks. This may be mostly due to the fact that the United States dollar has been weakening compared to other currencies in Asia as a result of the United States Federal Reserve’s “quantitative easing” policy. In the case of Sri Lanka currency fluctuations are less severe against the US dollar when compared to other currencies in Southern Asia. Bearing this in mind, the EB-5 visa still remains an attractive travel document to many who dream of residing in the United States of America.
The EB5 visa was designed as an Immigrant Investor visa for those making a substantial investment in the USA. Those interested in the EB-5 visa should be aware that the minimum investment is 500,000 United States dollars for targeted programs. Meanwhile, so-called “un-targeted” programs require an investment of 1 million dollars. In any case, those thinking about making an investment in the United States in order to qualify for immigration benefits should consult with an American attorney in order to ascertain whether or not an investment qualifies for immigration benefits under the EB-5 program. Monetary investment is not the only requirement which must be met in order to receive immigration benefits as the prospective immigrant must still file an immigration petition as well as a visa application. Both the immigration petition and visa application require that the prospective immigrant adhere to the relevant provisions of the United States Immigration and Nationality Act. Therefore, merely having capital to invest in the USA is not necessarily sufficient to obtain EB-5 visa benefits.
There are some individuals who are under the mistaken impression that the United States has a Citizenship by Investment program. In point of fact, the United States of American does not routinely grant Citizenship to those who merely invest money in the USA. However, the EB-5 visa could be viewed as a “path to Citizenship by investment.” This is due to the fact that those who enter the USA on an EB-5 visa and receive Lawful Permanent Resident (LPR) status may later be eligible to apply for naturalization to United States Citizenship provided the statutorily prescribed physical presence requirement is met along with other criteria.
Some individuals opt to retain the services of an attorney to assist with the EB-5 visa process. This may be prudent as many laypeople are unaccustomed to dealing with the United States Immigration system which can sometimes prove to be both byzantine and complicated. Those seeking an attorney are well advised to check the credentials of anyone claiming expertise in US Immigration matters as only an attorney licensed to practice law in an American jurisdiction is entitled to provide advice, counsel, and representation before the United States Citizenship and Immigration Service (USCIS) and the Department of State.
For related information please see: EB-5 Visa Sri Lanka.
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