Articles Posted in Professionals

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In this segment Attorney Jacob J. Sapochnick Esq. discusses a new proposed rule referred to as the International Entrepreneur Rule. This new rule is expected to make it easier for certain foreign entrepreneurs to receive temporary permission to enter the United States, also known as ‘parole,’ for the purpose of starting or scaling their start-up business enterprise in the United States. For more information please keep watching.

Overview: 

Under this new rule, DHS would have discretionary authority to grant parole to eligible entrepreneurs of start-up companies who can demonstrate the following:

  • At least a 15 percent ownership interest in the startup enterprise in question;
  • That they take on an active and central role in the startup enterprise’s operations;
  • That the startup enterprise has been formed in the United States within the past three years; and
  • That the startup enterprise has proven to yield a substantial and demonstrated potential for rapid business growth and job creation as evidenced by:
  1. Having received a significant investment of capital of at least $345,000 from certain qualified U.S. investors that have a proven track record of success i.e. showing established records of successful investments;
  2. Having received significant awards or grants of at least $100,000 from federal, state, or local government entities; or
  3. By partially satisfying one or both of the above criteria, in addition to presenting other reliable and compelling evidence to show the startup entity’s substantial potential for rapid growth and job creation in the United States.

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In this video, attorney Jacob J. Sapochnick answers one of your most frequently asked questions: I have a minor US Citizen child. Can I get a green card?

Overview:

This is a very common question. This question comes to us from a Chinese national who is currently in the United States on an H-1B Visa. This person asks: Can I get a green card based on the fact that I have a minor US Citizen child that was just born in the US?

In this situation because the child is under the age of 21, your child cannot file a petition for permanent residence on your behalf based on the fact that you have a minor child born in the United States. This is a very common misconception. Your child can only file for your immigration benefits once they reach the age of 21. A child must be at least 18 years old in order to petition for immigration benefits for their siblings, and then the sibling must wait for a visa number to become available based on the visa bulletin. You cannot obtain a green card just by having a US Citizen child. If you are in the United States on a visa you must find another way to remain legally in the United States until the US Citizen child reaches the minimum age or find another way to obtain a green card through employment. Parents of US Citizen children, residing in the United States unlawfully, can obtain cancelation of removal for their parents to shield them from deportation/removal proceedings. In this case the child does not need to be 21 years or older.

For more information about this topic please contact our office.

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In this segment, attorney Jacob J. Sapochnick tells you all about the visa bulletin. Who is it for? How does it work? Why do we need it? For more information about the visa bulletin, please click here.

Overview: 

What is the Visa Bulletin?

The Visa Bulletin exists due to congressional numerical immigrant visa limitations for family-sponsored and employment-based preference categories established by the Immigration and Nationality Act (INA). The visa bulletin is for foreign nationals wishing to immigrate to the United States through a relative or employer. Family-sponsored preference categories are limited to a minimum of 226,000 visas per year, while employment-based preference categories are limited to a minimum of 140,000 visas per year. The Visa Bulletin is a useful tool for aliens to determine when a visa will become available to them so that they may apply for permanent residence.

You can check the status of a visa number by checking your priority date on the Department of State’s Visa Bulletin published every month. A priority date is the date when your relative or employer properly filed the immigrant visa petition on your behalf with USCIS (Form I-130 Petition for Alien Relative or Form I-140 Immigrant Petition for Alien Worker).

Family-sponsored preference categories

Family based immigrant visas are divided into preference systems and priority dates. This refers to one of the various categories under which an individual qualifies for U.S. residency, and must wait for a visa to become available.

  • First Preference: unmarried sons and daughters of U.S. citizens. This category refers to the adult children of U.S. citizens or those who have reached the age of 21 years prior to issuance of the immigrant visa;
  • Second Preference: a) spouses and children under the age of 21 of U.S. permanent residents; b) unmarried sons and daughters over the age of 21 of U. S. permanent residents;
  • Third Preference: married sons and daughters of U.S. citizens;
  • Fourth Preference: brothers and sisters of adult U.S. citizens.

Employment-sponsored categories

  • First Preference:  Priority Workers:  28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.
  • Second Preference:  Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability:
  • Third Preference:  Skilled Workers, Professionals, and Other Workers
  • Fourth Preference:  Certain Special Immigrants
  • Fifth Preference:  Employment Creation: not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers (EB-5)

For more information regarding the immigrant process for family members and the Visa Bulletin please click here. For a legal consultation please contact our office to speak with our legal consultants.

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