He is German- American; published more than 300 scientific papers;
Received the Nobel Prize for Physics in 1921; and was known for developing the theory of relativity.
Albert Einstein
He is German- American; published more than 300 scientific papers; Received the Nobel Prize for Physics in 1921; and was known for developing the theory of relativity.
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This is the questions that a lot of foreigners, who already owns real property in the U.S. or are planning to acquire one or more of it, always ask me in a consultation. The general answer to that question is NO.
Although many people believe that investing in real property will open a path to permanent residency in the U.S., this type of investment is generally viewed by immigration as a passive investment, thus not the type of investment that would qualify a foreigner for a visa and/or green card. Immigration instead is looking for investments that will generate jobs as well as move the economy. Nonetheless, a foreigner may still qualify for a visa and sometimes for the green card, by investing in a business that deals with real estate. For example, a foreigner may qualify for an E-2 or L-1 visa by investing/ opening a business that manages real estate. The business would have a physical place, would hire employees, may or may not own some properties, and the investment will be in the business operations itself, and not on buying and selling the properties. Therefore, if you are planning to acquire real estate in order to have immigration benefits, it is advisable to consult with an immigration attorney to be guided on the type of business you could do to qualify for a visa. H-1B is the visa that grants professional immigrants the right to temporarily work in the U.S. on a specialty occupation. The application period for the 2015 fiscal year starts on April 1, 2014 and the immigrant is only allowed to start working on October 1, 2014. The application period ends when the 65,000 H-1B statutory cap for the general admission is reached. An additional 20,000 admissions for advance degree, that is for immigrants who have completed a master’s degree in the U.S., is
available. According to U.S. Citizen and Immigration Services (USCIS), approximately 124,000 H-1B petitions were received during the filing period, including petitions filed for the advance degree exemption. The statutory H-1B cap for the fiscal year 2014 was reached by April 5, 2013; that is, less than a week after the application period opened on April 1st. USCIS had to use a lottery process to select the necessary number of petitions to meet the statutory quota amounts, and the non selected petitions were rejected and returned to the senders. It is true that an H-1B application could be prepared in about two weeks, given that the employer (petitioner) and employee (beneficiary) have all the necessary information and supporting documents ready, and there are not problems with the Labor Condition Application (LCA), which is a step towards completing the H-1B petition. Nonetheless, this is not what usually happens. Usually, the employer (petitioner) and future employee (beneficiary) work with an immigration attorney to find the right position that will both qualify for an H-1B application and match the duties of the job offered. Once the position an duties are determined, and the salary meets the prevailing wage requirements set by the State where the job will be performed, the employer will post a notice of the opening position and salary for 10 business days. After that, the attorney applies the LCA with the Department of Labor. It takes at least a week to obtain an approval of the LCA, but it might take longer when it is the first time the employer is petitioning for an H-1B. Only after having all the supporting documents, the right forms completed and signed, the approved LCA and the correct filing fees the H-1B petition may be filed. Therefore, keeping in mind that the H-1B preparation process may be lengthy one, it is advisable that foreigners who are willing to work in the U.S. start looking into preparing the H-1B petition at the beginning of 2014, so that the petition will be ready to file on April 1st, 2014. Please note that not all H-1B petitions are subject to the statutory cap. If the employer is an institutions of higher education or related or affiliated nonprofit entities, nonprofit research organizations or governmental research organizations the H-1B petition has no cap. Also if the beneficiary, the employee, already holds an H-1B visa, he/she is not subject to the H-1B cap. For more information on how to qualify for an H-1B please review How to Obtain Temporary Working Visa, H-1B, in the U.S. in 2013? |
About the AuthorsLaura Schonberg and Andrea Timerman developed their passion for immigration law through their own experience immigrating to the United States. Laura received a Bachelor of Arts in Political Science and Juris Doctor Degree from Florida International University. Andrea received a Bachelors in Business Administration from Pace University, NY, and her Juris Doctor Degree from Florida International University. Both attorneys obtained ample experience in the immigration field before partnering to work as immigration attorneys at Schonberg & Timerman, P.L. Archives
October 2019
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