Weston Immigration Attorney

Florida is a popular location for international immigrants, but U.S. immigration law is complex and full of potential pitfalls. At the Law Offices of Alex T. Barak, our experienced attorneys can help you navigate the immigration system to minimize the time, stress, and money necessary for a successful visa or green card award. Call a Weston immigration attorney if you have any immigration questions.

Employment-Based Immigration

The Immigration and Nationality Act creates 140,000 visas each year to be allocated among those immigrating to the U.S. for business reasons. There are five categories of workers who can come to the U.S. using employment-based visas or green cards:

  • Priority workers;
  • Those holding advanced degrees or with exceptional abilities;
  • Both skilled and unskilled workers;
  • Special immigrants; and
  • Employment creators.

Priority workers are those who have extraordinary abilities in the arts, sciences, education, research, or management. To immigrate as a priority worker, a worker must have documentary evidence of his or her abilities, such as awards, honors, or other evidence of respect in the profession. For those wishing to immigrate as a researcher or manager, a job offer from a U.S. employer is required before the application will be approved.

Those holding advanced degrees and exceptional abilities may also immigrate under certain visas if they have a post-baccalaureate degree, a bachelor’s degree plus five years’ experience, or demonstrable exceptional abilities.

Skilled workers are those whose positions require at least two years of training or experience, and unskilled workers are those without such qualifications. Skilled and unskilled workers may enter the U.S. with certification from their prospective employers.

Special immigrants are not required to obtain labor certification and include:

  • Broadcasters;
  • Religious ministers and other religious workers;
  • Translators; and

Investment-Based Immigration

The fifth category, employment creators, includes foreign investors who invest in commercial enterprises in the U.S. Generally, applicants must invest either $1,000,000 or $500,000, if the investment is made in a rural or high-unemployment area. Further, they must create at least ten full-time jobs for qualified U.S. workers within two years.

Investors from countries with which the U.S. has a treaty agreement may come in as treaty investors and are required to make a substantial investment in a U.S. enterprise. The minimum amount is generally around $100,000, and approval of the visa is conditional upon the satisfaction of several other factors, as well.

Family-Based Immigration

Those who have family members living in the U.S. may be able to immigrate based on their familial ties. Those with a spouse, parents, or children who are U.S. citizens or lawful permanent residents may apply for a green card. If an applicant has close relatives but not immediate family members in the U.S., he or she may apply for visa, but applications are limited by a yearly quota.

Potential immigrants with plans to marry U.S. residents may enter the U.S. under fiancé visas. These visas grant immigrants temporary residency. The marriage must be solemnized within ninety days of the immigrant’s arrival. Afterward, the immigrant spouse can become a permanent resident.

If you are considering immigrating to the U.S., or if you are a U.S. employer wanting to bring international employees to the States, please contact our Weston Immigration attorneys at the Law Offices of Alex T. Barak, at 954-289-6298, for an initial consultation at our Weston office.