From moving your things to adapting to a completely new lifestyle, if you are planning to immigrate it is inevitable that you will face challenges, however, the legal process needn’t be one.
Experienced immigration attorneys at Pollak PLLC work to simplify this process and help you move easily through the immigration system.
Through their personal and business experience, Pollak are aware of the human factors it takes to uproot your life to move to another country.
The Managing attorney Karen-Lee Pollak is originally from South Africa and in addition to understanding the legal requirements, has been through the immigration process so she understands the emotional aspects of the process.
Pollak also places high importance on the immigration of companies’ key employees to the United States in a timely and efficient manner.
Ms. Pollak will be in Johannesburg, South Africa from August 21-25, 2017 and will be offering immigration consultations.
These are the most common Visa options available for South Africans:
L-1 Visa: Business (intracompany work visa)
The L-1 visa is granted to people who have worked outside of the U.S. as a manager, executive, or in a position involving specialized knowledge, and are now seeking to come to the U.S. to work in a related U.S. company in a same capacity or to open a related branch of the foreign company.
Many international companies use an L visa to transfer their executives, managers, or workers who are in a position involving specialised knowledge, to the U.S.
A spouse and minor children of an L-1 beneficiary may be granted L-2 visa status, and an L-2 visa beneficiary may become a student in the U.S. and may also work in the United States.
The United States Customs and Immigration Service is increasingly scrutinizing L-1A visa applications and it is important that in the Manager context the Manager is managing a manager who then supervises several employees. A first-line supervisor is not sufficient.
Ms. Pollak cautions that “L-1A applications are increasingly being denied where the company does not have at least 8-10 employees at the time of renewal where a new branch is created.”
H-1B visa: Employment (speciality occupation)
The H-1B visa is for foreign workers who will hold specialty occupations, such as those which requires the attainment of a bachelor’s degree or higher in a specific specialty as a minimum for entry into the occupation in the United States.
However, specialised knowledge, i.e. 12 years’ work experience, may be acceptable instead of a degree.
Eb3 Visa and EB-2: Employment (labour certification)
This second and third preference immigrant visa category requires a labour certification.
Aliens with at least two years of experience as skilled workers, professionals with a baccalaureate degree and others with less than two-years’ experience, such as an unskilled worker who can perform labour for which qualified workers are not available in the United States qualify under the EB-3 category.
Aliens with a 4 year Bachelor degree and 5 years experience or a Masters Degree qualify in the EB-2 category.
Once the application is approved and a visa becomes available to the beneficiary, an adjustment of status application is filed with the USCIS together with several additional forms including a medical report, and a work authorization request
EB-5 visa: Investment (Investment Green Card)
The EB5 Visa or Investment Green Card is based on a qualifying US investment.
To qualify, a substantial financial commitment to create additional employment in the US is required and naturally requires extensive documents.
It does not require you to manage the day-to-day affairs of a business, you may invest in an existing or a new business, more than one person may invest, and you may be a minority owner.
You can also live anywhere in the United States regardless of where the investment is made.
The amount of the investment is $500,000 if the business is situated in a rural or high-unemployment area and is increased to $1 million if the business is located in a regular area.
The amount of the investment is $500,000.00 if the Beneficiary invests in a Regional Centre-where the money is returned to the investor after 5 years with nominal interest.
Like any investment, investing in a Regional Centre project return of funds is not guaranteed.
The American Immigration Lawyers Association anticipates that the above amounts will be increased after October 1, 2018 but anybody who applies in this category prior to October 1 will not have to pay any additional amounts.
We anticipate that the amount of the investment will increase from $500,000.00 to $750,000.00 and $1 million to $1.5 million.
D.V. Lottery (Green Card Lottery)
The Diversity Immigrant Visa program, also known as the green card lottery, is a United States congressionally mandated lottery program for receiving a United States Permanent Resident Card.
The Diversity Immigrant Visa Program (DV Program) makes up to 50,000 immigrant visas available annually, drawn from random selection among all entries to individuals who are from countries with low rates of immigration to the United States.
There is no cost to apply through the official government lottery website at www.dvlottery.state.gov. Applications open up in early October.
If you receive notification through the E-DV website that you have been selected for further processing in the DV Program, you may be eligible to adjust status to obtain permanent residence through the DV Program.
However, that selection does not guarantee you will receive a visa.
To receive a DV to immigrate to the United States, selectees must still meet all eligibility requirements under U.S. law.
Pollak PLLC can help you through all the above processes while creating an experience that is effective, insightful and personalised.
Pollak PLLC specializes in providing comprehensive immigration solutions to corporations, small businesses, investors, and families interested in obtaining immigrant and non-immigrant visas to live and work in the United States.
Managing Attorney Karen-Lee Pollak has won numerous awards including D Magazine Best Attorney in Dallas awards several years in a row, Newsweek Magazine’s Leaders in immigration Law and ranked by Chambers and Partners as Best Lawyers in the USA in Immigration Law.
For more information on how Pollak PLLC can assist you or to schedule a consultation, visit their website or email [email protected].
This article was published in partnership with Pollak PLLC.