The following classifications of religious workers qualify for the EB-4 visa:

1. Ministers: People authorized by the religious group to conduct religious services and other functions.
2. Professionals in religious vocations: Those working in positions that are traditionally a part of the religious group’s activities, such as missionaries, counselors, liturgical workers. For this classification, a bachelor’s degree is required.
3. Others in religious vocations: Applicants who have made a demonstrated commitment to religious life under the denomination, such as monks and nuns. Petitioners must have been working for the religious denomination for two years prior to filing the EB-4 application.

The EB-4 applicant must have an approved Form I-360, except for certain employees or former U.S. employees abroad. A labor certification is not required for the EB-4 visa. The application procedure for the EB-4 visa is complex and requires a considerable amount of documentation. It is critical to have an attorney who is experienced and thorough in complying with the complicated requirements of the petition process.

At Sethi & Mazaheri, our firm will advise you of the different documentation needed for the EB-4 visa and anticipate potential barriers to entry in order to make sure that your initial application has the maximum chance for favorable action. To find out if you qualify for the EB-4 visa, contact us now.

The right of asylum is available to those who face persecution in their home countries. In order to qualify under existing US immigration law, a person must demonstrate that he or she has been a victim of persecution in their home country in the past or that he or she possess a “well-founded fear” persecution in the future on account of one of the following characteristics:

•  religion,
•  political opinion
•  race,
•  nationality, or
•  membership in a social group

An application must be supported by evidence of the likelihood of harm. Therefore, the application must be through and well researched and generally include factual and legal arguments. Click here to find out about the method we use to construct a successful application.

Generally, asylum applications must be filed within one year after entry into the United States. However, two exceptions exist to the one-year deadline: extraordinary circumstances and changed circumstances.

Some examples of such exceptions include grave illnesses, changes within the home country that raise the risk of persecution, and changes in the applicant’s status or personal activities that increase or introduce the risk of harm in the home country.

• If you are in removal proceedings before an Immigration Judge, asylum is available as a defense to deportation. Click here to find out more.

• There are two visas available to victims of domestic violence: the VAWA visa and the U Visa

   

• If you are in removal proceedings before an Immigration Judge, both the U-Visa and VAWA Visa petitions are available to as a defense to deportation.

The EB-1 is targeted towards individuals who are amongst the most successful in their fields within the education, sciences, arts, business, or sports. The following are the three EB-1 sub categories:

1. Workers of Extraordinary Ability-
 For those who can show an extraordinary ability in their profession through extensive evidence, including documentation of sustained national or international acclaim and recognition. No offer of employment is required.
2. Outstanding Professors and Researchers- For professors and researchers with a minimum of three years experience in research or teaching who have an international reputation for being particularly outstanding in a specific academic field. For this visa, the applicant must accept a teaching or tenured position at a research university or accept a job conducting research with a research organization or industry. The potential employer must offer employment and file the I-140 Immigrant Petition for Alien Worker with the USCIS.
3. Multinational Executives and Managers- For managers and executives who have been employed for at least one of the last three years by a parent, subsidiary, branch or affiliate of a U.S. employer. The position itself must be comparable and with a US affiliate or branch of the same company. The potential employer must make a offer of employment and file the I-140 Immigrant Petition for Alien Worker with the USCIS.