In order to qualify for an EB-1 visa, the executive or manager must have been working for a qualified foreign company for at least one out of the past three years. The foreign national will also need to prove that his job position (both before and after working in the US) qualifies as “executive” or “managerial.” In most cases, this includes overseeing several employees and the authority to make unilateral decisions regarding hiring, firing, and instituting company policy.

Similarly, the employer must also meet certain qualifications in both its foreign and US-based offices. In order to sponsor the employee under an EB-1 visa, the employer’s two companies must be one of the following:

• Different branches of the same company
• A joint venture wherein the parent company has equal control and influence on the smaller company
• One company is a majority-controlled subsidiary of the other
• Affiliated in that both companies are under the control of the same person, persons, company, or group of companies

If you and your company meet the qualifications for EB-1 visa application, you will then have to prove your managerial qualifications to the immigration services. Our San Francisco immigration law firm can help you decide which visa route is right for you and help to get your application approved quickly, getting you and your family on the road to permanent US residency. 

Call the Law Offices of Vaughan de Kirby today at (415) 221-2345, or click the link on this page for a copy of our FREE special report on the EB-1 visa for professionals and employers.

Among the companies looking to hire H-1B visa holders to fill their workforce are:

• Avon Products. Senior vice president and CIO Donagh Herlihy has said that the cosmetics manufacturer employs over 42,000 workers, but only 6,200 are located in the United States. "It's better to bring people in from overseas and to have them doing the work here and paying taxes to the U.S. rather than having them overseas and paying taxes somewhere else," Herlihy says.
• Microsoft. Technology companies are fighting skilled worker caps as part of the new immigration bill. Microsoft reported in 2011 that they were sitting on nearly 5,000 unfilled positions since the foreign STEM quota had been reached.
• Intel. An Intel official told Reuters that the company had planned to bring nearly 50 Finnish engineers to work at the company headquarters in California but had to abandon those plans when the H-1B visa cap was reached. Instead, Intel kept their workers overseas, eventually opening a new research and development center for the engineers in Helsinki.

It is worth noting that there are many opportunities for a foreign STEM worker in California; however, there are many pitfalls along the road to immigration. To find out which visa is right for you, call Vaughan de Kirby today at (415) 221-2345, or click the link on this page for your FREE copy of our book, Professionals-Employers: Special Report H-1 Employment Visa.

How Popular Are Regional Centers in California?

• There are currently 125 approved regional centers operating in the U.S., located in 36 states, the District of Columbia, and Guam.
• California currently has 65 approved regional centers mutually benefitting the state economy and the foreign EB-5 investors. 
• Roughly 90% of individual Form I-526 petitions filed annually involve regional centers.

Is a Regional Center Right for Me?

You may wish to invest in a regional center if you:

• Are seeking to make an initial investment of at least $500,000 
• Do not want to start your own business from scratch
• Do not want to oversee the day-to-day operations of your investment

How Do I Choose the Right Regional Center?

You must be sure that those who are running your regional center are competent management professionals who can handle your business’s operational responsibilities. Whoever runs your business will be responsible for fulfilling the requirements of your business visa (such as creating ten new jobs).

Since the loss of your business can also mean the loss of your green card, it is vital that you seek legal counsel to review your financial statements and investment documents before coming to the U.S.

Call our San Francisco EB-5 immigration attorneys at the Law Offices of Vaughan de Kirby today at (415) 221-2345, or click the link on this page for your FREE copy of our guide, Investor's Path to a Green Card: How Investing in America Can Put You and Your Family on the Path to Greater Wealth and U.S. Permanent Residency.

No matter what your situation is, you should be aware that there are a number of restrictions that will apply to F-1 students who wish to attend high school in the United States, including:

• Term limits. Any student attending a public secondary school (grades 9-12) will be limited to 12 months of residence. Residence begins under the terms of the F-1 visa (the time that children of visa holders spent previously in secondary school will not count toward the 12-month limit).
• Costs. All F-1 visa holders are required to reimburse the school system for the full, unsubsidized, per capita cost of education tuition in his or her school district.
• Legal requirements. Student F-1 visas cannot be issued to any students who wish to attend a public primary or elementary school. In addition, F-1 visas will not be granted for attendance in publicly funded adult education programs. 

It is important to note that these restrictions only apply to foreign students who attend public schools. Students are free to attend private schools, privately funded adult education, or privately funded language programs according to each institution’s own cost requirements. 

To find out which of these restrictions applies to you, contact the San Francisco F-1 visa lawyers at the Law Offices of Vaughan de Kirby today at (415) 221-2345, or click the link on this page to download your FREE copy of our informational guide, School in the United States.

You must do a few things in order to apply for the EB-1 visa:

• Filing. First, you must file Form I-140 (immigrant petition) and Form I-485 (application for adjustment of status). You should also file Forms I-131 and I-765, which will grant you temporary employment authorization advance travel permission while your new application is being decided.
• Review. Next, the USCIS will review your EB-1 visa application. If they need more information about your abilities, they may send you a request for further evidence (RFE), which will provide you with eighty days in which to submit additional proof of eligibility. Once you respond to the RFE, the USCIS will deliver its decision. 
• Approval. If you meet the requirements for the visa, you may be approved within six months of filing your petition. Once approved, the USCIS will review your “adjustment of status” application to determine whether you will be granted permanent residency.

If your EB-1 visa application is denied, our San Francisco immigration law firm can help you appeal the decision. At the Law Offices of Vaughan de Kirby, our immigration attorneys know how to cut through the red tape and put you and your family on the road to permanent U.S. residency. 

Call us today at (415) 221-2345 or click the link on this page for a copy of our FREE special report on the EB-1 visa for professionals and employers.

However, this does not mean that your application will be denied. Here are a few ways your H-1B visa may be exempt from the cap:

• The first 20,000 petitions filed on behalf of immigrants who possess a U.S. master’s degree level of education or higher will not be affected by the cap.
• Your petition will be exempt from the annual cap if you have filed a new H-1B application for employment at a governmental research organization, institution of higher education (or any of its affiliated nonprofit entities), or a nonprofit research organization.
• If you are applying only to work in Guam or the Commonwealth of the Northern Mariana Islands, you will be exempt from the annual cap until December 31, 2014. 
• If your H-1B petition has previously been counted against the cap, it will not count toward the cap a second time.

In addition, your petition will depend on the action requested. For example, USCIS will continue to process all petitions filed to:

• Extend the length of stay for a current H-1B employee
• Allow a current H-1B worker to change employers or terms of employment
• Allow current H-1B workers to take a second H-1B position

If you are worried that your H-1 temporary worker visa in San Francisco will be denied, it is vital that you contact a trusted immigration attorney right away. Call Vaughan de Kirby at (415) 221-2345 today, or click the link on this page for your FREE copy of our book, Professionals-Employers: Special Report H-1 Employment Visa.

As a transferring employee, you should be aware of the immigration rules surrounding your:

• Children. The L-1 visa allows an employee’s children to accompany him to the US, provided they are unmarried and under the age of 21. Eligible family members may apply for admission under the L-2 nonimmigrant classification and are usually given the same period of stay as the employee. 
• Spouses. Spouses may also be granted admission to the US under the L-2 classification. If they wish to work while in the US, spouses may apply for work authorization by filing Form I-765 (Application for Employment Authorization) and submitting a filing fee. Once they have been approved, there will be no restrictions as to where the L-2 spouse can earn his or her living.
• Family in the US. If your family members are already living in the United States, and you wish to change their visa status, they should apply collectively on Form I-539 (Application to Change/Extend Nonimmigrant Status). Family members can be given L-2 classification under your work visa or receive an extension of their stay in the US.

Now that you and your family are on your way to the US, you may consider staying in the country after your visa term has expired. Although the L-1 is considered a non-immigration visa, the San Francisco immigration lawyers at the Law Offices of Vaughan de Kirby can help you transition your temporary visa into a green card.

To find out more, call us at (415) 221-2345 today or click the link on this page to order our FREE report, The Business Owner’s Guide to United States Residency Via the L-1 Visa. 

However, you may wish to make changes to your business plan before applying for unconditional residency. Since your business plan will serve as the basis for approval of your unconditional green card, you must submit a new Form I-526 that outlines the new business plan (along with all other necessary requirements). 

One of the following may occur once you have completed and filed a revised Form I-526:

• If the new Form I-526 is received before you are issued a visa, the new petition will be used to determine I-829 approval.
• If the new Form I-526 is filed after you have received a visa but before the due date of the I-829 petition, you may file Form I-407 along with Form I-485, terminating your previous conditional permanent residency). When your new Form I-485 is approved, you will be given an additional two-year period of Conditional Permanent Residency.

Our San Francisco EB-5 attorneys realize that the rules surrounding your immigration visa can be confusing. At the Law Offices of Vaughan de Kirby, we can help you understand and navigate your EB-5 visa requirements. Call us today at (415) 221-2345, or click the link on this page for your FREE copy of our guide, Investor's Path to a Green Card: How Investing in America Can Put You and Your Family on the Path to Greater Wealth and U.S. Permanent Residency.

Your immigration documents may include:

• Passports
• Visas
• Form I-20
• Form DS-2019
• Form I-94
• Border Crossing Card (if applicable)

Failure to present these documents could result in your being denied entry to the U.S., and preventing you from attending your school program in a timely manner. Before you leave your home country, it is a good idea to:

• Familiarize yourself with the different kinds of immigration documents to see which apply to you. If you are coming to the U.S. with your family members, they may need additional documents that you do not.
• Carry your original documents at all times, never placing them in your checked luggage. 
• Make copies of all documents. Leave one with your family or a friend, and bring at least one extra copy for your school administrator.
• Write down the name and telephone number of your designated school official in case your identity cannot be verified at the U.S. border.

A Customs and Border Protection (CBP) inspector may attempt to verify your status using the Student and Exchange and Visitor Information System (SEVIS), so you must also complete all forms and fees before you travel to the U.S. in order to ensure your enlistment on the SEVIS database.

For more information on the F-1 student visa, call (415) 221-2345 today, or click the link on this page to download your FREE copy of our informational guide, School in the United States.

In order to keep your EB-5 green card status, you are responsible for creating at least ten full-time jobs for qualified U.S. workers within two years of your admission to the United States. 

The nature of these ten positions depends on the type of your investment. For example:

• Direct jobs are identifiable employee positions located within the commercial enterprise that are a direct result of the EB-5 investor’s participation and capital.
• Indirect jobs are positions that have been created as a result of the investor’s capital bringing employment opportunities within a regional center. EB-5 investors may only be credited with indirect job creation if they have invested in a regional center.
• Preserved jobs. If you have invested in a troubled business, you may retain at least ten employees in lieu of creating new positions.

Our immigration attorneys know how frustrating the EB-5 investment process can be. At the Law Offices of Vaughan de Kirby, our San Francisco EB-5 attorneys can help you get your application approved quickly, allowing you and your family to get started on your new business venture.

Call us today at (415) 221-2345 to get started, or click the link on this page to download your FREE copy of our informational guide, Investor's Path to a Green Card: How Investing in America Can Put You and Your Family on the Path to Greater Wealth and U.S. Permanent Residency.

This application protects both foreign and U.S. workers and must be approved by the DOL. There are strict penalties if the conditions are violated, including fines, bans on sponsoring any additional immigrant workers, and possible sanctions on the employer’s business.

Under Form ETA-9035, employers guarantee the following labor requirements:

• Employers will pay the immigrant worker a wage competitive with similarly-skilled workers in your field, or the maximum prevailing wage for your position in the company’s geographic area
• Employers must provide working conditions that will not adversely affect other workers. 
• Employers attest that there is no strike or lockout at their business at the time of the employee’s visa application. 

This may not be the only additional form you need to include with your employee’s application. Many H-1 visas also require Form I-129, Petition for a Nonimmigrant Worker, and several other supporting documents before their applications are considered complete. 

Vaughan de Kirby is an experienced San Francisco immigration lawyer who can answer all of your questions and help you move through the U.S. immigration process quickly and easily. Call our offices today at (415) 221-2345, or click the link on this page for your FREE copy of our book, Professionals-Employers: Special Report H-1 Employment Visa.

While both types of visa can be used to bring employees to the United States, there are very specific rules surrounding the E visas. For example:

• There must be an existing treaty between the United States and the foreign employee’s country
• The company must be owned or controlled by nationals of the foreign treaty-abiding country 
• Each employee who seeks E visa status must be a citizen of the treaty-abiding country 

The E visa can be limiting, as there are many countries that do not currently have treaties with the United States. The L-1 visa is a good alternative for companies in non-treaty countries who need to bring workers to the U.S., since it has fewer restrictions than the E visa, including:

• L-1 workers do not need to hold a degree
• L-1 companies do not have to attempt to fill the position with an American worker
• There is no annual quota on the number of L-1 visas

The L-1 is a non-immigration visa, meaning there is no guarantee of residency after the term of the visa has expired. However, at the Law Offices of Vaughan de Kirby, our San Francisco immigration lawyers can help workers who wish to stay in the U.S. transition from temporary visa to green card status. 

To find out how we can help you, call (415) 221-2345 today or order our FREE report, The Business Owner’s Guide To United States Residency Via the L-1 Visa. 

Under U.S. Law, any business or enterprise created after Nov. 29, 1990 is considered “new.” However, other businesses that were established before this date could also be considered “new,” as long as they have undergone significant changes, including restructuring or reorganization, which have resulted in a 40% increase in either the net worth or the number of employees in the company. 

In general, EB-5 investors are required to:

• Invest at least $1,000,000 into the business. In areas where unemployment is significantly higher than the national average, investors may make a minimum investment of $500,000.
• Provide a benefit to the U.S. economy. This can be in the form of either goods or services.
• Create at least ten full-time positions for new workers. You may be required to create more than ten jobs if you are expanding the workforce of an existing business.
• Manage the daily operations of the company. Your role must include significant managerial involvement, such as acting as a board member or CEO.

At the Law Offices of Vaughan de Kirby, our San Francisco EB-5 green card lawyers can take the guesswork out of the immigration process. Call us today at (415) 221-2345 to get your investment questions answered.

Want more information? Click the link on this page for your FREE copy of our informational guide, Investor's Path to a Green Card: How Investing in America Can Put You and Your Family on the Path to Greater Wealth and U.S. Permanent Residency.

In order to apply for this visa, your U.S. employer or sponsoring organization must complete and submit Form I-129 (Petition for a Non-Immigrant Worker) to U.S. Customs and Immigration Services on your behalf. If you are part of a team or group, the organization must submit a separate form for each member.

After your visa has been approved, you will need to carry the following official documents while traveling in the U.S.:

• A valid P-3 visa 
• A valid passport 
• Your form I-797 USCIS petition approval notice
• A copy of your approved Form I-129S (if applicable)

You will need to present these documents to U.S. Customs and Border Protection (CBP) every time you enter the United States.

It is important to remember that there are strict rules surrounding the P-3 visa. In order to qualify, you and your group must be actively representing, coaching, or teaching a unique or traditional presentation, such as an ethnic or artistic performance. While the program may be either commercial or non-commercial, the cultural event must be of a nature that will further the understanding or development of your art form. 

The Law Offices of Vaughan de Kirby can help you decide which visa option is best for you. Our San Francisco immigration law firm can answer all of your questions and help you through the application process. Call (415) 221-2345 today or fill out the form above for more information.

In order to process your visa as quickly as possible, our San Francisco EB-5 attorneys suggest you include these documents with your application:

• Closing statements proving the date of sale
• Documentation tracking the funds of the sale from the closing of the transaction to the investor’s personal account
• Bank account statements reflecting receipt of the funds from the sale
• Copy of the business’s registration, both before and after the sale, reflecting changes in ownership
• Accounting documentation from the firm that handled the sale for the investor, indicating the buyer’s identity, the terms of sale, and the final sale price
• Valuation of the business from a certified accountant proving the financial value of the business before the sale
• Deeds, mortgages, and other documents relevant to the sale

It is important to note that these may not be all you need to prove the sale of your business to the USCIS. If the amount you received from the sale is in any way unclear, you may need to submit additional financial information, including five years of your personal income tax returns and bank account statements.

At the Law Offices of Vaughan de Kirby, we can tell you exactly which documents you need to complete the EB-5 visa application process, allowing you and your family to begin your journey on the right foot. Call us today at (415) 221-2345 to get started, or click the link on this page for your FREE copy of our informational guide, Investor's Path to a Green Card: How Investing in America Can Put You and Your Family on the Path to Greater Wealth and U.S. Permanent Residency.

However, you should know a few more things about this type of visa:

• Investors must prove that they have at least 50% ownership of the enterprise or directly control the business operations through a managerial position.
• E-2 treaty investors may only be granted a maximum initial stay of two years. However, residency extensions may be applied for every two years with no maximum limit to the number of extensions an investor may be granted.
• Although the spouse of an E-2 investor can be employed in a different workplace, investors can only work for the business in which he or she has invested. 
• If the business is not doing well or fails to generate enough profit to stay in business, the investor and his family may lose their rights to U.S. residency.

At the Law Offices of Vaughan de Kirby, we know that the key to building a successful investment is to have all the facts before making a move. Our San Francisco E-2 visa lawyers would be happy to answer all of your questions before you apply for residency, reducing the financial and emotional risk to your family.

To speak with an attorney about your investment options, call us today at (415) 221-2345. You can also click the link above for a FREE copy of our informational guide, Investor's Path to a Green Card: How Investing in America Can Put You and Your Family on the Path to Greater Wealth and U.S. Permanent Residency.

However, many investors choose to gather the full amount of capital ahead of residency. In this case, is not uncommon for EB-5 green card investors to use cash gifts as the source of funding for their business investments. However, the U.S. Citizenship and Immigration Service will want to evaluate the source of the gift to ensure the capital invested was obtained by lawful means. 

In order to use a gift for your investment funds, you will need to submit the following evidence to the USCIS:

• Documentation showing the amount and legal transfer of funds from the donor to the investor
• Proof of the donor’s financial background and business interests (including personal and business income tax returns) to illustrate how the donor obtained the funds that were gifted
• A statement explaining why the gift was made
• Any applicable tax payments on the gift

No matter where or how you choose to make your investment, it is vital that you speak with a trusted EB-5 green card lawyer before completing your application. At the Law Offices of Vaughan de Kirby, we can answer all of your questions before you begin the investment process, making the immigration process easier on you and your family. 

Call us today at (415) 221-2345, or click the link on this page for your FREE copy of our informational guide, Investor's Path to a Green Card: How Investing in America Can Put You and Your Family on the Path to Greater Wealth and U.S. Permanent Residency.

When the EB-5 program first started in the 1990s, the original program made it so the investor was obligated to prove that the new business they were investing in would directly create at least ten jobs in the United States. Those ten jobs are still a requirement, but the Regional Center Program changed that meaning. The original program said that the new company itself had to create and fill ten full-time jobs with the investment; now, the Regional Center Program simply requires that the investment must indirectly create ten new jobs. 

But how are they to know if that will happen if it's indirectly? How can it be proved that ten jobs were indirectly created from the investment?

If industry job-multiplier statistics using economic modeling tools show the $500,000 investment would contribute to the regional economy in a way that would create ten jobs (or at least save them), then the investor has met the requirement. If you're still a bit confused, your EB-5 green card lawyer will be able to sit down with you and help you understand. 

If you are looking for EB-5 attorneys, San Francisco's Law Office of Vaughan de Kirby has years of experience with immigration law. Call today for a free consultation at 415-221-2345. 

In a recent speech about how immigrants benefit the U.S. economy, President Obama talked a bit about Krieger, saying:

"Instagram was started with the help of an immigrant who studied here and that stayed here. Right now in one of those classrooms, there's a student wrestling with how to turn their big idea, their Intel or Instagram into a big business." 

Mike Krieger was born in Brazil and moved to California in 2004 on an F-1 student visa; he pursued his education in computer science and cognitive science at Stanford University. He worked for a year on that F-1 after he graduated, and then later obtained an H-1B high-skilled worker visa. 

And now? Not only did Krieger co-create Instagram, he sold it to Facebook in April 2012 for $1 billion in cash and stock. He was also invited with other entrepreneurs to be a guest of First Lady Michelle Obama for the President's 2012 State of the Union address. Hmm, not bad for a kid who started with an F-1 visa!

If you'd like to apply for an F-1 visa, you'll need a student visa attorney; San Francisco law firm, The Law Office of Vaughan de Kirby, prides themselves in helping foreign students around the globe. Your San Francisco immigration lawyer will work tirelessly to ensure all of your paperwork is in order and that you have the opportunity to go to school in the United States.