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US Immigration

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Bilal Ahmed Baig
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0% found this document useful (0 votes)
33 views14 pages

US Immigration

Uploaded by

Bilal Ahmed Baig
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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US Visa Categories

1. Non-Immigrant - Pathway to Green Card / PR

a. B1/B2 - Visit Visa


b. F1 - Student Visa
c. E1 - Trader Visa
d. E2 - Investment Visa – Renewal required every 2 years (2 year validity)
e. H1B - Work Visa – Only for advanced degrees*
i. *16 years of education + 5 years of experience OR a Masters degree
f. L1 - Intracompany Transfer

2. Immigrant - Green Card / PR

a. I-130 (Family based sponsorship)


i. Any blood relative sponsorship - 15 years
ii. Spousal sponsorship - 3 years
b. I-140 (Employment based sponsorship)
i. *EB-1 – Extraordinary Abilities
ii. *EB-2 – Exceptional Abilities → Advanced Degree required*
iii. *EB-3 – Advanced Degree, Associate Degree, Diploma, Unskilled Worker
with no experience
iv. *EB-4 – Religious Workers
v. EB-5 – Investment → Min investment required = $800,000

*Employer sponsorship required

● Visa conversions that are possible


1. B1/B2 → F1
2. B1/B2 → E2
3. B1/B2 → H1B
EB-2 – National Interest Waiver
● (EB-2 subcategory) - Employment based second preference category
● Launched in Jan/Feb 2022 - firm started working on it during Nov/Dec 2022
● Federal Program
● Can apply for Green Card as a self petitioner
● Processing Time: 16 - 18 months
● IELTS NOT required
● Bank Statement NOT required
● Job Offer NOT required
● PERM* Labour Certification NOT required
● No age restriction

*PERM - Program Electronic Review Management

2 Sub Categories

1. Advanced Degrees

a. Masters (18 years) OR


b. Bachelors (16 years) + 5 years of progressive experience
● Documents:
○ Degree
○ Work Experience
○ Comparable salary evidence
○ Letter of Recommendation - 10 letters required
■ Professional (industry experts, professors)
■ Peers / Seniors (Colleagues)
■ Government Entities
■ Business Organizations
○ License / Member of Association
■ License - Lawyers, Engineers, Medical and Health professionals, Aviation
officers
■ Association - Accountants
○ Awards and Certifications
○ Thesis/ Publications/ Articles - should be related to field

2. Exceptional Abilities

a. 7 Criteria - minimum 3 need to be met to be ELIGIBLE for program


i. Associate degree (2 years bachelors) or diploma
ii. 10 years of progressive experience
iii. Comparable salary evidence (min 6 months salary slips)
1. In case salary slips are not available, a bank statement is used to
show that the salary client is earning is higher than the average
salary (based on glassdoor salaries)
iv. Letter of Recommendation - 10 letters required
*Does not need to be company letterhead
*Format is provided by the firm
1. Professional (industry experts, professors)
2. Peers / Seniors (Colleagues)
3. Government Entities
4. Business Organizations
v. License / Membership of Association
1. License - Lawyers, Engineers, Medical and Health professionals,
Aviation officers
2. Association - Accountants
vi. Awards and Certifications
vii. Thesis/ Publications/ Articles - should be related to field
Fee Structure

*USCIS - United States Citizenship and Immigration Services - Immigration body in United
States

Government Fee Regular Fee If paid by Firm


USD ($)

Internal Education Evaluation (IEE) - per case 80 100


➔ Degree
➔ Transcript

USCIS* (normal) processing fee – i-140 form 700 900


➔ US address is required of a friend or relative who
is a US national
➔ Receipt will be received at this address
➔ 3-9 months processing time

USCIS* Premium processing fee – i-907 form 700 + 2500 Regular fee +
➔ 45 days processing time additional 200 additional

DS-260 Immigration Form (Per Person) 325

Biometric (Per Person) 85

Issuance of Green Card (Per Person) 220

Medical Fee (done in Pakistan) 25,000 - 30,000 PKR

Legal Fee USD ($)

Assessment Fee 500

➔ If positive, amount is adjusted in the legal fee


➔ If negative, 50% of Assessment fee is returned. Remaining
50% is deductible
➔ Documents required:
◆ CNIC
◆ Passport
◆ CV
◆ Educational qualifications
➔ Processing time: 1 month

Legal Fee (based # of hours consumed) 5,000 - 7,000

Consultancy charges 1500


Payment Structure
(Legal + Consultancy)

Case Initiation 40%

IEE (within 10-15 working days) 30%

Draft Petition 30%

Process

Process Fee

Sub-Contract

1. Assessment $500
➔ Done by US immigration attorney (is a member of AILA -
American Immigration Lawyer Association)
➔ 1 month processing time
➔ Documents required:
◆ CNIC
◆ Passport
◆ All Educational Documents
◆ Updated CV/Resume
➔ If positive (50%+), then fee is adjusted to legal fee and case
is moved forward
➔ If negative (below 50%), then 50% of the fee is refunded and
the case is not forwarded. Instead another immigration
stream is suggested.
➔ Upon completion attorney will send report + total legal fee
(based on total # of hours worked on it)
◆ Letter of engagement sent by the attorney to firm (on
firm letterhead), which is copy A. Copy B is shared
with the client.

Major Contract

Legal Fee $5,000 – $7,000

Consultation Fee $1500

2. Case Initiation + IEE submission 40% of Legal +


➔ IEE required Documents: $500 Consultation
◆ Transcript fee + $80/$100
◆ Degree

3. IEE Report 30% of total legal +


➔ Report received within 4-5 days (may take 7- 15 days $500 consultation
processing time) fee

4. SOC Code List


➔ Group is created with client where document list is shared
➔ SOC code with highest growth rate is shared in petition
➔ Processing time: about a week

5. Draft Petition 30% of total legal +


➔ Done by US attorneys $500 consultation
➔ Based on 3 prongs with regards to the US economy fee
➔ Documents:
◆ Degree
◆ CV/ Resume
◆ Letters of Recommendation
◆ Comparable Salary
◆ Awards & Certifications
◆ Thesis/Publications/Articles
◆ License
◆ Cover letter
◆ Statement of Purpose
◆ Taxation
◆ Partnership deed
◆ Travel history
◆ Family Documents (FRC, MRC)
◆ SOC Codes
◆ HR letter from recent job
➔ Submitted alongside USCIS
➔ Payment made on the arrival of draft petition from attorney

6. USCIS processing (Normal) – i-140 $700/


➔ Client details $900
◆ Family (dependants included)
➔ Draft petition reviewing time: 3-9 months
➔ Acknowledgement of receipt received at US address
(relative/friends that are US citizens) in 15 days (but may
take 1-2 months) which contains the Tracking ID
◆ Can check status of case online using tracking ID
➔ In case some information is missing, the case will be
rejected, and the amount will be refunded and the package
will be returned till all information is provided.→ resubmit the
package after the information is complete.
➔ Request for Evidence (RFE) - in case additional documents
are required or certain information is missing or needs to be
explained in more detail.

USCIS processing (Premium) - i-907 $700 + $2,500


➔ Draft petition reviewing time: 45 days additional = $3,200/
➔ Tracking ID received at US address in 15 days (but may take $3,200 + $200 =
1-2 months) $3,400
7. DS-260 Immigration form submission $325/ person
➔ Expected response time: 3-6 months +
➔ Supportive documents $100

8. Biometrics + Medical Clearance $85 + 25,000 –


➔ Details are sent by National Visa Centre (Location, date and 30,000 PKR /
time) person

9. Interview with US Embassy in Islamabad


➔ 15-20 minute interview to cross check information provided
➔ Firm receives a list of probable questions from the attorneys
and preps the clients accordingly

10. Issuance of Green Card $220/ person


➔ Have to exit Pakistan within 6 months of receiving Immigrant
Visa
➔ Make payment and receive GC packet with link from
customs at US airport.
➔ GC issued within 1 week to 2 months of landing in the US via
postal mail at residence address provided

https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immi
gration-second-preference-eb-2

https://immigrationofficesolutions.com/national-interest-waiver-self-sponsored-eb-2-petition/matt
er-of-dhanasar-and-the-national-interest-waiver/
Matter of Dhanasar
National Interest Waiver Criteria:

USCIS may grant a National Interest Waiver (NIW) after establishing eligibility for EB-2
classification. The petitioner must demonstrate, by a preponderance of the evidence, three key
factors:
1. Dhanasar’s Prong #1 - Substantial Merit and National Importance:
● The proposed endeavor must have both substantial merit and national
importance.
● Substantial merit can be demonstrated in various areas, such as business,
science, technology, culture, health, or education.
● National importance is assessed by considering potential prospective impact, not
solely in geographic terms.

2. Dhanasar’s Prong #2 - Well Positioned to Advance the Proposed Endeavor:


● The foreign national must demonstrate being well positioned to advance the
proposed endeavor.
● Factors considered include education, skills, knowledge, record of success, a
model or plan for future activities, progress toward the endeavor, and interest
from relevant entities.
● Petitioners are not required to show a likelihood of ultimate success, but they
must establish being well positioned.

3. Dhanasar’s Prong #3 - Beneficial to Waive Job Offer and Labor Certification:


● Requires a demonstration that, on balance, waiving the job offer and labor
certification requirements would be beneficial to the U.S.
● Recognizes Congress's intent to protect the domestic labor supply but
acknowledges the NIW for cases where other factors outweigh the benefits of the
labor certification process.
● Factors for analysis include practicality of securing a job offer or labor
certification, benefits to the U.S. from the foreign national’s contributions, and the
urgency of the national interest.
EB2 NIW is a subcategory of Employment based second preference immigrant visa, where you
can apply directly for a green card through a self petition. Meaning, you do not require any
employer sponsorship or a PERM (Program Electronic Review Management) labor certification.
This is a federal program so you can apply for anywhere in the US. IELTS and Proof of funds
are not required for this program.

Unlike in Canada and Australia, which have point-based immigration streams, the US
immigration streams, be it i-130 (family based sponsorship) or i-140 (employment based
sponsorship), are applied to through filing a petition for the green card.

The program has 2 categories for application: Advanced Degrees and Exceptional Abilities.
Your profile is assessed based on your academic credentials and your professional experience
to determine which category you are eligible for.

To be eligible for the Advanced Degree category, you must either have a Masters degree (i.e. 18
years of education), or hold a 4-year Bachelor's degree (i.e. 16 years of education), along with 5
years of progressive work experience.

As for Exceptional Abilities, you must meet 3 out of the following 7 criteria:

1. Must have an Associate degree (or 2 years Bachelors), or a diploma


2. 10 years of progressive work experience
3. Comparable salary evidence - salary slips of at least the last 6 months
a. If salary slips are not available, then you need to show your bank statement of
the last 6 months to reflect your exceptional abilities. (mostly happens in the case
of business owners)
4. 10 to 12 Letters of Recommendation, which you have to get from professionals related to
your field. They can be your professors, peers or colleagues, government entities or
business organizations.
5. License or Membership of Association
6. Any awards/recognitions you received or any certifications that you completed that were
related to your field
7. Any thesis/publications/articles that you wrote that were related to your field.

The process begins with an assessment, which is conducted by a US immigration attorney, who
is a member of the American Immigration Lawyers Association (AILA). The attorney evaluates
your profile based on your academic qualifications and your work experience to determine how
strong your case is. The assessment costs $500 USD, and requires you to submit your CNIC,
Passport, all educational documents, and your updated resume.

If your assessment is negative, i.e. less than 50%, your case does not proceed to the next step.
Instead, you receive a 50% refund on the assessment charge, and an alternate immigration
stream is suggested. The attorney does not proceed with a case with an assessment of less
than 50% as there are chances of the case getting rejected later on. If a US attorney has 3
rejections on their cases, their license is suspended for 6 months. To avoid this, the attorneys
only proceed with cases that are strong (have a positive assessment).
If your assessment is positive, i.e. greater than 50%, then your case proceeds to the next stage.
The assessment fee is also adjusted in the legal fee shared by the law firm in the assessment
report that is shared.

The assessment report is received by the firm in the Letter of Engagement (LOE). In the US,
every attorney is bound to submit their LOE before providing their services. In this case, as the
firm is their client, the LOE is submitted on the firm’s letterhead and is referred to as Copy A,
which is kept by the law firm. Copy B of the LOE is shared in the form of the assessment, and is
shared with the firm, who will then share it with you. The LOE received by the firm also contains
the legal fee charges of the law firm as well. The fee can range between $5000 to $7000 USD,
depending on the number of hours worked by the attorneys.

Apart from the legal charges, there are also our consultancy charges, which are $1500 sUSD.
The legal fee and the consultancy fee are paid in 3 installments.

The first installment, i.e. 40% of legal fee + $500 consultancy fee, is paid at the time you sign
the main contract with us and your case is initiated. Your IEE fee is also paid alongside this
amount. You can choose to pay $80 USD for it directly, or if you choose to pay it through us,
then you have to pay $100 USD. As your case is initiated, your educational documents are
submitted for the IEE (International Educational Evaluation). The IEE is the American
Equivalency made based on your academic qualifications. The IEE report takes around 7 to 15
days to process.

The second installment, i.e. 30% of legal fee + $500 consultancy fee, is paid upon receiving the
IEE report. During this phase, a SOC codes (Standard Occupation Classification Codes) list will
be shared by the attorneys with the firm, which we will then share with you. We will discuss
which SOC code related to your field (endeavor) is the most ideal. Your petition will be drafted
based on the finalized SOC code.

The third installment, i.e. the remaining 30% of the legal fee + $500 consultancy fee, is paid on
the arrival of the draft petition. This petition is drafted based on 3 prongs, which state the
following:

1. What substantial merit you have and how important your field (endeavor) is to the
national interest.
2. How well positioned you are in your field to advance it
3. How beneficial you are to the US, and what are the balancing factors that support you
getting a waiver for the job offer and labor certification.

Along with the petition, the i-140 form is submitted to USCIS (United States Citizenship and
Immigration Services), of which charges are $700. To submit this form, you are required to have
a US residential address. It can be a friend’s or a family member’s address, however, they must
be a US resident. The acknowledgement of receipt is received at this address, which contains
the tracking ID, using which you can track the status of your case. The tracking ID is usually
received within 10 to 15 days. However, it may take up to 1 to 2 months.
After the petition has been filed, USCIS takes around 3 to 9 months to review the case. If you
want to speed up the process, you can opt for the i-907 premium processing, which will cost you
an additional $2500 USD.

In case there is any information missing, or additional information/documents are required, a


Request for Evidence (RFE) is issued. Upon submission of the sought for evidence, the petition
is approved.

Upon approval of the petition, the DS-260 immigration form is submitted. If you are immigrating
with your family, then each dependent will submit an individual form. The forms charge $325 per
applicant.

It takes about 3 to 6 months for the form to be processed, upon which, the National Visa Center
(NVC) invites you for your biometrics and medical clearance at the centers associated with the
embassy. NVC provides the location, day and timings of your appointments. The biometrics
charges are $85 per person, and medical charges are 25,000 - 30,000 PKR.

After the biometrics and medical clearance, you are invited to the Embassy in Islamabad for the
consular processing. There will be a 15 to 20 minute interview where the information you
provided will be cross checked. The attorneys will also share a list of probable questions prior to
the interview, which we will help you prepare for.

Finally, you will be issued an immigrant visa. You will receive your visa packet at the Pakistan
airport. Upon arriving at the airport in the US, you will pay the green card issuance fee, which is
$220 per applicant, to Customs and fill out the form they give you where you provide the
address where you want to receive your GC. You will receive your green card between 1 week
to 60 days at the address that you provided.
EB-3 (Employment-Based Third Category)
Through the EB3 visa, a U.S. company can sponsor a foreign worker for a green card through a
full-time job offer.

● Advanced degree, Associate degree, High School


● Employer petitions on your behalf
● Mostly for odd jobs

Process

1. Assessment

2. Preferential Wage Determinant


● PWD submitted to the US Department of Labor (DOL)
● Has to match minimum wage rate of the role in home country

3. PERM Labour Certification on form ETA-9089


● From US DOL

4. I-140 Form submission

5. Consular Processing

Processing time: 2.5 to 3 years

● Family Immigration is possible (children under 21)


○ For professional and skilled
■ E34 - spouse
■ E35 - child
○ For other workers (unskilled)
■ EW4 - spouse
■ EW5 - child
E-2 (Non-Immigrant Investment Visa)
*Pakistan is a signatory of E-2 treaty → Pakistanis are eligible

● Initially 2 years visa → annual extension

Part I

A. From Home Country (i.e. Pakistan)


a. 6-8 months
b. Minimum $100,000 (Preferably $150,000)
c. E-2 stamp on passport
B. Conversion from B1/B2 to E2
a. Minimum $50,000
b. Paper visa received on conversion
c. Complications during traveling

*Note: There is fixed required investment of E-2. The USCIS requirement states “substantial
investment”.

Part II

1. New Startup
a. Franchising
i. Very costly
2. Running Business
a. Purchasing a stake/ownership of an existing business
b. Escrow Account (your account in US bank) of applicant - money is deposited in
that.
i. Visa grant → transferred to business owner

Part III

● Money trail is important

Part IV

● The business hunter hunts business according to your budget and state, city.
● Financials from IRS body(FBR og US)

Part V

● DS-160 filed → fee challan paid


● Interview scheduled at US Consulate

Part VI - Fees

● Assessment: $500
● Attorney: $15,000
● Consultancy: $3,000
● Business hunter: $2,000
● DS-160: $185/person
● E-2 application: $315 (paid at Consulate)

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