UNITED STATES

UNITED STATES

US Immigration Visa

Majorly situated in central North America, USA is the most desired destination for everyone who wishes to migrate for the betterment of life. Since ages the country has attracts people to settle down as the history of the country is of immigration and diversity. More than 50 millions people across the globe have settled in the country as the country accepts 700,000 people every year. US is known as s melting pot with diversified, multi-culturism because of the majority of immigrant population. The state has its large size as well as variety of climates, variety of people, mixed economy. The country is having a strong economy to fight with all odds of economic slowdown. US is also known for its enthusiastic, workaholic as well as fun loving people.

Green Card -

The USA is the world’s foremost economy having global interests and an unmatched global reach. With immense benefits in health, education and business, USA stands as the most sought after destination for every individual. The United States has a capitalist economy. USCIS administers the EB-5 Immigrant Investor Program, created by Congress in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors.

Location: North America

Capital: Washington DC

Passport Rank: 5th (As per Global Passport Power Rank 2021*)

Visa Free Travel: 184 Countries

Language: English

Launched in 1990, EB-5 Program offers an exclusive category of US immigration Visa that allows Investors, their spouse and unmarried children under the age of 21 to obtain Green Card within 24 to 36 months*. This allows them the legal right to live, work, study and travel anywhere in the United States without restrictions.

In order to qualify, foreign investors need to meet specific United States Citizenship and Immigration Services (USCIS) requirements. They are required to:

Make a minimum investment of $500,000 (or it’s equivalent in a foreign currency, either individually or combined with their spouse or partner) in a commercial entity located in a targeted employment area (TEA).

Investment shall result in creation of 10 full-time jobs for US Citizens.

Business/Management experience: No Prior business management experience is required.

Other factors: In addition to the above selection criteria, other factors such as age must be 21 years old, no language proficiency is required, no requirement of education, and legal source of funds plays an important role in the process.

US E-2 VISA

Expeditious processing: U.S. E-2 visa can generally be obtained within 3 months*

Unlimited number of extensions

Investor’s spouse and dependent children under 21 years old may be included

Investor’s spouse can apply to work anywhere in the U.S.

Free high-school education for children in the U.S. with E-2 visa and in-state college tuition rates

E-2 can have the potential to be converted to EB-5 over the course of time

Investor and dependents may spend time in the U.S. without being subject to world-wide income tax.

IMMIGRATION QUALIFICATIONS

E-2 requires that you to be at least a 50% owner of the business and have a direct role:

50% owner of the Class A Units with another E-2 Investor

Investor Option to make the full investment and own 100% if desired

Involvement in the decision making process

** Legal and Professional fee is applicable.

 

APPLICATION PROCESS & TIMELINE FOR EB5

STEP 1: Client will sign the office contract with WWICS, initial payment as per contract needs to be made.

MONTH 1

STEP 2: Preliminary Check on applicant’s profile and technical assessment process takes place. Client receives the documents checklist and applications package.

MONTH 1

STEP 3: Opening of Escrow account

Step1: Transfer of investment funds into the Escrow Account along with admin fee.

Step2: Filing of I-526 Application to USCIS by the attorney.

MONTH 1

STEP 4: Client Receive I-526 Approval.

MONTH 12-14

STEP 5: Submit Immigrant Visa Application to National Visa Center.

MONTH 14-18

STEP 6: Upon approval the client undergoes Medical Test and Interview

MONTH 19-20

STEP 7

Step1: Client Receive Immigrant Visa.

Step2: Client has to enter the country within 6 months.

MONTH 22-23

STEP 8 – AFTER POST LANDING

Step1: Client receives conditional Green card

Step2: Attorney will file I-829 to USCIS before the conditional green card expiry.

STEP 9 – AFTER POST LANDING

Step1: Client Receive un-conditional Green card.

Step2: File Application for Naturalization after 5 years.

MONTH 24

Family Visa -

Aiding a family member to become a permanent resident of the US, follows roughly the same procedure but with some nuances in each type of family-based visa.

First, the US Citizenship and Immigration Services (USCIS) must approve your immigrant visa petition (I-130) for you. It must be accompanied by proof of the relationship and the other required documentation in order to begin the family based immigration process.

The Department of State determines if an immigrant visa number is available for the applicant, based on the category applied.

The third step in family based immigration. The relative in the US should apply to change his status to that of a lawful permanent resident after a visa number becomes available.

The US Family visa is a temporary non-immigrant visa, allowing the US citizens to sponsor their family, spouses or fiancee to join them in the US on temporary basis.

Children, siblings, parents and spouses of US citizens or permanent residents, who are eligible, might be permitted to apply for a family based Green Card.

K1 Visa: A K1 visa allows a US citizen to sponsor his fiancé to come to the US to get married. Following this, Green card can be applied for.

K3 Visa: A K3 visa consents to a US citizen sponsoring his spouse to join him in the US, while the Green Card application is being processed.

GREEN CARD

IR Green Card :The ‘Immediate Relative’ category gives permission to a US citizen to sponsor his spouses from other nations, children and parents for a Green Card.

F1-F3 Green Card :These Green Card categories permits US citizens to sponsor their children to become permanent residents of the United States.

The F2 category permits permanent residents of the US to sponsor their spouses from other nations and children to apply for a Green Card.

The F4 Green Card category permits US citizens to sponsor their brothers and sisters, so as to apply for permanent residency.

Visitor Visa -

The B1 Business Visitor visa is available to visitors seeking short-term entry into the U.S. to engage in legitimate business activities of a commercial or professional nature that do not involve receiving salary or payment of any kind from a U.S. source. The B2 visa is available for tourist activities, such as sightseeing, visiting friends and relatives, obtaining medical treatment, attending conferences and meetings. This is how Consulate defines the qualification for the visitor visa grant.

Applicants for visitor visa must show that they qualify under provisions of the Immigration and Nationality Act. The presumption in the law is that every visitor visa applicant is an intending immigrant.

Therefore, applicants for visitor visa must overcome this presumption by demonstrating that:

  • The purpose of their trip is to enter the U.S. for business, pleasure, or medical treatment
  • That they plan to remain for a specific, limited period
  • That they have a residence outside the U.S. as well as other binding ties which will insure their return abroad at the end of the visit

What is the Process:
There are 4 USA consulate in India and based on your address of residency/state in India, you need to contact a specific consulate that is applicable for you. Prepare all the documents as per the list given above.

  • Sponsor in USA needs to send:
  • Completed and notarized Affidavit of Support form I-134. You can download it from US-INS web site.
  • A letter from Bank/banks (on their business letter head), stating your account summary.
  • (Talk to your bank and ask for your Account verification letter. Which is usually on the Banks office stationary should have Date of Account open and Current balance)
  • Copy of your Bank Statement, showing a good balance in order to justify your financial position.
  • Certificate Letter from your employer (on company’s business letter head), stating that you are a permanent employee of the company, and also stating your salary. 1 or 2 recent pay stub copies. If you are a Visa holder Copies of your – Visa (H1/L1), H1 approval form (I-797), and I-94. (If visa has expired but has a renewed petition, photocopy of the renewed petition. )
  • If Green card Holder: Copy of green card.If USA citizen: Copy of certificate of citizenship.
  • Which ever is applicable.
  • A neat photocopy of your complete Passport, including even the blank pages.
  • Copy of recent income tax returns.
  • An application/letter from you to the US consulate in India (address it to the particular consulate e.g. Delhi), requesting for issuing a visitor visa to the concerned person, stating that you will be taking care of every needful for these people, including tickets, boarding and other expenses in USA.
  • A formal invitation letter addressed to the person (person’s) you are inviting to US. Also stating that you will be taking care of all their needs while in US, including tickets, boarding and other expenses in USA

Applicant Needs:

  • Completed Non-immigration Visa application form DS-156, which is also available free of charge at the consulates only. (Separate for each visitor)
  • Completed form DS-157, for all male non-immigrant visa applicants between the ages of 16 and 45. Which is available free of charge at the consulates only. (Separate for each visitor)
  • Each applicant, including children of any age, must possess an individual passport valid for travel to the United States with a validity date at least six months beyond the intended period of stay.
  • Two photographs 2 and 2 inches square (50 mm square) for each applicant, showing full face, without head covering, against a light background. To be used in the application Form. US consulates are very particular about the Photographs specification.
  • Must follow these guidelines for photographs

BUSINESS VISA -

EB 5 Visa Program-

EB-5 Program was created by the U.S Congress in 1990 to enable Foreign investors to obtain a U.S Visa by making investments in a U.S business which will improve the economy and results in more job opportunities. Administered by the United States Citizenship and Immigration Services (USCIS), Investments made in a “Target Employment Area” which mainly includes most regional center projects, can qualify with a minimum investment of $500,000.

  • Investors and family become eligible for the green card
  • University acceptance rates get higher
  • Lower University tuition rates
  • Live, attend school, and work anywhere in the U.S.
  • No lottery, waiting list, or sponsorship required

Eligibility for EB-5 Visa

To apply for EB-5 Program you must fulfill certain requirements:

  • Make an investment of $ 500K
  • Must have attained 21 years of age
  • Source of funds and assets shown should be legal

Why Invest in the US EB-5?

You, as an applicant will enjoy a number of benefits under the EB-5 program including:

  • No language proficiency requirement
  • No requirement for minimum education
  • No requirement of managerial or business experience
  • No compulsion to reside in the region of investment
  • Investment capital can come from any lawful activity including business ownership, inheritance, or gift.
  • You will reap the benefit of lower tuition fees and will be able to live, work and study in any part of US.
  • Children under 21 years of age are included under this program

USA EB-5 Investor program will open the world of opportunities for you and give a better living standard to you and your family. For complete details on how you can make your investment in USA feel free to contact one of WWICS expert consultants.

 

L1 Program-

The L-1 visa is a non-immigrant visa category in the United States that is designed for intracompany transferees. It allows multinational companies to transfer certain employees from their foreign offices to work in the U.S. temporarily.

Eligibility Criteria-

To be eligible for an L-1 visa, both the employee (visa applicant) and the employer (sponsor) must meet specific eligibility requirements. Here are the general eligibility requirements for the L-1 visa:

For the Employee (L-1 Applicant):

  • Employment with a Qualifying Organization: The employee must be currently employed by a qualifying multinational organization with a relationship to the U.S. employer. The organization must be a parent company, subsidiary, affiliate, or branch office of the U.S. entity.
  • Position Qualification: For L-1A (Managers/Executives), the employee must be coming to the U.S. to work in a managerial or executive capacity. This typically involves overseeing a significant portion of the organization’s operations or managing a critical function. For L-1B (Specialized Knowledge), the employee must possess specialized knowledge of the organization’s products, services, technology, or procedures. Specialized knowledge means advanced knowledge that is not commonly possessed by other employees in the industry.
  • One Year of Employment: The employee must have worked for the foreign company continuously for at least one year within the three years immediately preceding the L-1 visa application. This period of employment must have occurred outside the U.S.

 

For the Employer (Sponsor):

  • Qualifying Relationship: The U.S. employer must have a “qualifying relationship” with the foreign entity employing the visa holder. This includes parent, subsidiary, affiliate, or branch office relationships. The organizations should demonstrate a significant level of control or ownership by the same parent or entity.
  • Conducting Business in the U.S.: The U.S. employer must be actively doing business in the U.S. and must have a physical office or facility where the employee will work. In the case of a new office, the U.S. entity must demonstrate a plan to support the employee’s position.
  • Employment Offer: The U.S. employer must extend a valid employment offer to the employee and be willing to file an L-1 petition with U.S. Citizenship and Immigration Services (USCIS) on the employee’s behalf.

 

E2 Program-

The E-2 visa is a non-immigrant visa that allows foreign nationals from certain treaty countries to enter the United States for the purpose of investing a substantial amount of capital in a U.S. business. This visa is designed to promote foreign investment and facilitate the movement of individuals who contribute to the American economy.

Eligibility Criteria-

Although the specific eligibility requirements for the E-2 visa may vary depending on each individual’s case, the general eligibility requirements all applicants can expect are:

  • Nationality: The applicant must be a national of a country that has a treaty of commerce and navigation or a bilateral investment treaty with the United States. Not all countries qualify, so it’s essential to check the list of eligible treaty countries on the U.S. Department of State’s website.
  • Substantial Investment: The applicant must invest a substantial amount of capital in a U.S. business. The investment must be sufficient to ensure the success of the business, and the specific amount considered “substantial” can vary depending on factors such as the type of business and its scale.
  • Active Management: The investor must typically play an active role in the management of the U.S. business. An active role could mean having control and ownership of at least 50% of the enterprise, being involved in making major decisions, and overseeing day-to-day operations.
  • Business Type: The investment must be in a bona fide enterprise, and the business should not be marginal. The enterprise must have the capacity to generate more than enough income to provide a minimal living for the investor and their dependents.
  • Source of Funds: Similar to proving the business is a legitimate and legal venture, the E-2 applicant must prove that the funds invested in the U.S. business have a legitimate source. This helps to ensure that the money used for the investment was obtained legally.

STUDENT VISA -

US Universities, Colleges and Schools have always earned very high ranking in the world-class education rankings. This is just one of the reasons to study in the US. Institutions such as Harvard University, Stanford University, MIT, Julliard, Berkeley School of Music, West Point, are all world famous and welcome international students.

The US offers international students the most exciting, rewarding and comprehensive array of study options in the world. International students who choose to study in the US have almost unlimited study choices. Furthermore, international students who successfully complete their US study are highly sought-after gen-next professionals by employers worldwide.

 

The number of international students at colleges and universities in the United States increased by 3% to approximately 8 lakh students during the 2013-14 academic year, according to the Open Doors report, which is published annually by the Institute of International Education (IIE) with support from the US Department of State’s Bureau of Educational and Cultural Affairs.

 

In fact, international students comprise approximately 4% of the total undergraduate US University and US College population and 10% for US Graduate School.

 

Application Procedure

US offers student visa (F1) for duration of 3-5 years. Post the completion of MS (Masters of Science), a student gets Optional Practical Training (OPT) under which the student is allowed to work full time for up to 29 months. This allows the student to work while on study visa. However, a student can apply for H1B visa (work visa) during or after the completion of OPT, and subsequently a student can apply for Green Card (legal permanent residency).

 

Professionals having 7-8 years of work experience after completion of graduation can also apply under the student visa. The Professionals can apply for MBA, PhD and all other Masters programs under the study visa category and subsequently get OPT for up to 29 months. Further, during or after the completion of OPT, Professionals can also qualify for H1B visa and subsequently they can qualify for Green Card.

 

Jobs and Employment

Business Administration, Science, Teaching, Healthcare, Engineering and many more sectors offer employment opportunities to the professionals. The employment rate is pretty high as this is one of the most thriving economies of the world. US is the land of prosperity and salary is also best in the industry for the deserving people.