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Immigration Los Angeles San Francisco San Jose USA

Employment Based Green Card

Green Card Through Employment, Iranian Immigration Lawyer

The importance of Green Card for employment within United States can’t be ignored and there are many who are looking for such help. We at Aria Law Group offer you all sort of employment based Green Card and make sure the process is completed in quick time without any hassle. All our professional and skilled attorneys have years of experience in the field. We are driven by our professionalism and positive result for every client. We work tirelessly to make sure you get Green Card in quick time and start up your professional career in United States.
Iranian Immigration Lawyers or Attorneys are there for helping you in Green Card for Employment

Iranian EB1 Green Card Immigration Attorney

مهاجرت به آمریکا و گرین کارت از طریق کار مهاجرت به آمریکا

 

Iranian EB3 Skilled Workers Green Card Immigration Attorney

EB3 Immigration Lawyer: Professional / Skilled / Unskilled Workers (PERM – Labor Certification Based)

 

Iranian EB4 Green Card Immigration Attorney

EB4 Immigration Lawyer: Religious Worker

 

Iranian EB5 Green Card Immigration Attorney

EB5 Immigration Lawyer: Investor Visa

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Immigration Los Angeles San Francisco San Jose USA

Iranian EB1 Immigration Lawyer

Basically EB-1A is an immigrant visa which is in the EB1 category and is reserved for foreign workers with extraordinary working capabilities in the field of business, athletics, education, science and arts. The only criterion for this type is international acclaim or sustained national acclaim. The standard of this visa is very high and meant for an individual who is proven amongst the top in their respective field. The best and easiest way to prove eligibility is by showing any international award of reputation in the respective field.

Advantages as well as Limitations of EB-1A Green Card

The advantage of EB-1A compared to an EB-1 petition is that jobs are not offered. The process of getting EB1 status is much faster than various other employments based on green card petitions. The reality is that immigration services are hesitant to approve EB-1A cases. EB-2 and EB-3 petitions are far more realistically attainable and are a better option.

Contact Iranian EB-1 Immigration Lawyer

To discuss and learn more about EB-1A petitions, get in touch with our experienced team of Iranian EB-1 immigration lawyers or contact us by dialing (650) 391-9630.

EB-1B Green Card and its qualifications

An EB-1B is also an immigrant visa that falls in the EB-1 category and is reserved for professors and researchers. Eligibility for this visa is:
• Entering a specified tenure track or research position in any research organization or a teaching position in any premiere institute.
• To have at least three years of experience in teaching or research.
• To be recognized as outstanding in the respective field.
• In case the employer is a private organization, you should prove employment of a minimum of three researchers with valid documented accomplishments in the respective field.

The standard requirements of EB-1B are, however, not as high as EB-1A. Immigration laws have set certain criteria with which any worker can prove that they are recognized internationally for outstanding work or research.

Advantages as well as Limitations of EB-1B Green Card

The process of getting an EB-1 visa is faster compared to other employment green card petitions. The immigration service hesitates to approve EB-1B petitions, and for that reason EB-2 and EB-3 petitions are more realistic and better.

Contact Iranian Immigration Attorney

To discuss and learn more about EB-1B petitions, get in touch with our experienced team of Iranian EB-1 immigration lawyers or contact us by dialing (650) 391-9630.

EB-1C Green Card and qualifications

An EB-1C is another type of immigrant visa which is in the EB-1 category and is reserved for managers and executives who are transferred from different multinational corporations. Here are the eligibility criteria for the EB-1C visa:
• The individual is employed as a manager or executive.
• The individual is employed by any qualified firm or company.
• The individual is working at the firm for the past three years.
Any qualified executive or manager is one who manages the organization or a major part of the firm, has decision-making capabilities, sets policy and goals for the group, and gets direction as well as general supervision from superiors.

Contact Iranian Immigration Lawyers

To discuss and learn more about EB-1C petitions, get in touch with our experienced team of Iranian EB-1 immigration lawyers by contacting us at (650) 391-9630.

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Immigration Los Angeles San Francisco San Jose USA

Iranian NIW Immigration Lawyer

National Interest Waiver Green Card Immigration Lawyer and Qualifications

National interest waiver is an advanced ability for workers seeking exemption from labor certification as well as job offer requirements. The labor certification is explained in the EB-2 and EB-3 summaries. To qualify for the national interest waiver as well as meeting the requirements of EB-2, the presence of the worker shall considerably benefit the national economy, educational interest, cultural interest and welfare of the United States. There are no specific or appropriate definitions of ‘National Interest’. However the applicant should possess several societal benefits that are of tangible national interest. Any successful NIW applier must satisfy three prong tests which will help them in granting a waiver of labor certification requirements.

Here are the three pronged tests that are required by California immigration attorneys:

• The individual or applicant should have working areas which require substantial intrinsic merit and are in a position that is important.
• The work has national scope and
• The applicant should continue his or her work in the scope, have proof of all their accomplishments, and have the potential to make several contributions in the future. This will satisfy the labor certification requirements. Granting a waiver of labor certification requirements overshadows the intrinsic value of several U.S. workers’ job opportunities.

Iranian Immigration Lawyer and the Process of Getting EB-2 Visa on the basis of National Interest Waiver

There are no waiting times for EB-2 and the individual can get a green card as quickly as possible. However, the case is different for countries where the visa numbers are declining or regressing. The complete process can be completed within a month.

Advantage as well as Limitations of National Interest Waivers

The benefit of getting an EB-2 based on National Interest Waiver is much faster compared to other employments that are based on a green card petition. There are other benefits such as no requirement for a job offer as well as the need to test the US job market.
National interest waivers are appropriate or suitable under certain circumstances. Quite often the chance of success with the help of the labor certification process is comparatively higher.

Role of Immigration Attorney in National Interest Waiver Petition

It has been mentioned earlier that national interest waivers are appropriate under a few circumstances but not all the time. The role of the immigration attorney in the process is that they can carefully assess the eligibility of the applicant for national interest waiver and at the same time ensure quality of all documents that are submitted for this purpose. When there are cases where the individual or applicant is not clear about the national benefit, the attorney will creatively present a convincing case and qualify him or her for the waiver.

Contact our team of Iranian NIW Immigration Lawyers

To discuss all details and learn more about the National Interest Waiver (NIW) you can feel free to call us at (650) 391-9630 or send us an email. We are here to help you and provide every possible alternative. We are a team of professional and experienced immigration attorneys from Aria Law Group.

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Immigration Los Angeles San Francisco San Jose USA

Iranian EB2 Immigration Lawyer

EB-2 or EB-3 Green Card Immigration Lawyer and Qualifications

EB-2 and EB-3 is basically an employment based immigrant visa that is generally reserved for a certain class of worker. EB-2 is meant for Advanced Degree Professionals and Ability Workers whereas EB-3 is meant for skilled, professional as well as unskilled workers. The main difference between an EB-2 and EB-3 visa is how quickly green cards are applied.

The basic criteria to qualify for such visas are:

• US employers should file “labor certification” with the labor department
• Foreign workers should have the required qualifications set in the application, and
• The US worker must have the ability to pay the wage.
Labor certification is actually a document that certifies that an employer failed to find the right or appropriate US worker after carrying out a proper test in the US job market. There are, however, some specific steps that should be followed before filing a labor certification application. The application is filed under PERM or the Program Electronic Review Management system. After a few months, DOL or Department of Labor will issue a labor certification and it will allow foreign workers to apply for an employment green card. The employer accordingly should set appropriate requirements based on the job. If you are qualifying for NIW or National Interest Waiver, the labor certification process can be skipped.

Iranian EB-2 Immigration Lawyer in San Francisco, San Jose and Palo Alto

EB-2 Advanced Degree Professional is basically for any individual working with any firm which requires a master’s degree or US based bachelor degree with five years of experience for a foreign worker that should have a single source equivalence to qualify. EB-2 exceptional worker is an individual with high capabilities in arts, business and science. The individual should prove his or her exceptional abilities and have ten years of experience in the field.

EB-3 Immigration Lawyer in San Francisco, San Jose and Palo Alto

An EB-3 professional worker is basically an individual working in a job which requires a US bachelor’s degree or equivalent foreign degree.
An EB-3 skilled worker is basically an individual working in a job and is required to have two years of experience or vocational training.
An EB-3 unskilled worker is basically an individual working in a job that requires prior experience and training.
Related to EB-2 and EB-3 visas, we at Aria Law Group offer you the best possible solution and thereby help you in getting the visa quickly. Our team works on your behalf and makes sure that all documentation and requirements are obtained at the earliest possible time. We are dedicated to your service and make sure that every client is satisfied with our work.

Contact our team of Iranian Immigration Lawyers

To discuss all details and learn more about EB-2 or EB-3 visas, you can feel free to call us at (650) 391-9630 or send us an email. We are here to help you and provide every possible alternative. We are a team of professional and experienced immigration attorneys from Aria Law Group.
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Immigration Los Angeles San Francisco San Jose USA

Iranian EB4 Immigration Lawyer

EB4 Green Card & Qualified Person:

An EB4 is an immigrant visas reserved for foreign workers immigrating to the US to perform duties of a religious worker. Applicants must prove that:

i) they are a member of a religious denomination for at least 2 years,

ii) who will work at a qualified organization,

iii) as a minister

مهاجرت به آمریکا و گرین کارت آمریکا برای مبلغین مذهبی‌
“Religious denomination” is defined as a religious group or community of believers having some form of ecclesiastical government, a creed or statement of faith, some form of worship, a formal or informal code of doctrine and discipline, religious services and ceremonies, established places of religious worship, or comparable indicia of a bona fide religious denomination. The definition is not narrowly construed. For example, being a member of a Buddhist monastery would be considered for membership of a religious denomination. Even a tax-exempt inter-denominational religious organization may be treated as a religious denomination. Membership duration may be established by sworn statements from other members.
A “minister,” is defined as a person authorized by a denomination to perform religious worship. An authorizing official of the denomination in the US must declare the worker’s qualifications; therefore, a lay preacher cannot be authorized.

Process of Obtaining an EB4 Visa

Unlike other employment based categories, the quota for EB4 class petitions generally is never met; therefore, a visa or change of status to EB4 can be obtained as soon as the petition is approved. EB4 cases do not require any test of the US job market either. The process can be completed in a matter of months.

Advantages and Limitations of an EB4 Visa

An advantage of the EB4 over the other EB petitions is that no job offer is required. As previously mentioned, the process for obtaining EB4 status is much faster than other employment based green card petitions.

While this category used to be open to a wider variety of religious workers, it has unfortunately been reduced only to those working as ministers. Therefore, not all those in R-1 status may be eligible to adjust status under EB4.

California Immigration Attorney Role in an EB4 Visa Petition

Establishing eligibility for EB4 visas can be a challenge. Even in cases where a petition includes the necessary documents, they must be presented in a logically organized format so that the immigration officer reviewing the case is lead to make a favorable decision, particularly when the denomination is not a mainstream. Knowledge of what the immigration service or department of state expects to receive from the petitioner is essential to success.

Contact Our Iranian EB4 Immigration Lawyer:

To discuss EB4 visa petitions and other alternatives with an experienced California immigration Attorney from the Aria Law Group, feel free to contact us by email or call us at (650) 391-9630.

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Immigration Los Angeles San Francisco San Jose USA

Iranian EB-5 Lawyer

EB-5 Investment Green Card

It was way back in the year 1991 when Congress first started the EB-5 visa program and it was meant to benefit the U.S. economy and also create new opportunities. The main objective was to draw new investment into the country along with creating job opportunities. To qualify for this visa, the individual should have the following requirements:
 The individual is coming to this country in order to invest in commercial enterprises
 The investment is being made after November 29, 1990 (date the EB-5 became effective)
 The enterprise will benefit the US economy in coming years

EB-5 Procedure

As soon as the individual is granted an EB-5 visa, his or her spouse as well as their children are granted conditional residency which becomes permanent after two years. After 5 years, the individual can apply for U.S. residency. There are approximately 10,000 EB-5 visas made available although 3,000 of these are kept aside for individuals investing in targeted employment areas. This refers to investments in rural areas or places that suffer low employment rates. The target areas are published by the Department of Commerce every year.

Requirements

We and our group of Iranian Lawyers make sure that you meet all the requirements for an EB-5 visa. Those are:
• The individual should invest in new or existing enterprises
• The total investment should be $1,000,000
• The enterprise is creating at least 10 full time job opportunities for locals.
There are different ways in which the individual can invest. The first way is to create a new business with job opportunities and long-term profits. The next is by purchasing an existing enterprise or business and thereby restructuring or reorganizing the present business so that it will create a new commercial entity. The individual can then expand the existing business by inputting a substantial amount of money equal to a forty percent increase in business worth or total number of employees.

Iranian Immigration Lawyer and the Filing Procedures:

All our Iranian EB-5 lawyers and attorneys will help you in applying for an EB-5 visa. The individual needs to file Form I-526, pay the necessary fee and submit all related documents. The documents must prove that the intent of the individual is investing and that he or she is willing to maintain the new commercial enterprise. The required documents are as follows:
 Financial statements showing that the capital came from a lawful source in order to avoid any complications.
 A detailed business plan to showcase the capability, responsibility and duty of the individual.
 Purchase or lease agreement for the new enterprise.
 Account statement related to Escrow.
 New opportunities related to employment created by the enterprise, minimum education requirements, age, work experience and English speaking abilities.
EB-5 visas don’t require the individual to work within the same enterprise or remain active with other enterprises while residing in California.

Contact Our Iranian EB5 Immigration Lawyer:

To discuss EB5 visa petitions and other alternatives with an experienced California immigration Attorney from the Aria Law Group, feel free to contact us by email or call us at (650) 391-9630.

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Immigration Los Angeles San Francisco San Jose USA

Iranian Employment Visa Immigration Lawyer

مهاجرت به آمریکا از طریق ویزای کار
Iranian E1 Visa Immigration Lawyer

E1 Immigration Lawyer: Treaty Trader

Iranian E2 Visa Immigration Lawyer 

E2 Immigration Lawyer: Treaty Investor

Iranian H-1 B  Visa Immigration Lawyer 

H-1B Immigration Lawyer: Specialty Worker

Iranian L1A/L1B Visa Immigration Lawyer 

L1A/L1B Immigration Lawyer: Intra-company Transfers

Iranian O1 Visa Immigration Lawyer

O1 Immigration Lawyer: Aliens of Extraordinary Ability

Iranian P1 Visa Immigration Lawyer

P1 Immigration Lawyer: Athletes and Entertainers

Iranian R1 Visa Immigration Lawyer

R1 Immigration Lawyer: Religious Workers

Iranian TN Visa Immigration Lawyer

TN Immigration Lawyer: Professional Canadians and Mexicans

Contact Our Iranian Employment Visa Immigration Lawyer at (650) 391-9630

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Immigration Los Angeles San Francisco San Jose USA

Iranian E1 Visa Immigration Lawyer

E1 Treaty Visa

E1 Visa Immigration Attorney and Qualified Person

An E-1 is a visa for a foreign national of a “treaty trader” country, coming to the US to carry on substantial trade occurring principally between the US and the foreigner’s country of nationality. This visa may also be obtained by key employees of the business. Key considerations include: i) whether the foreigner is a national for a country that has an E-1 trade treaty, ii) that the business is 50% owned by foreigners of the treaty country, iii) that the foreigner is either a 50% owner or a key employee of the company, iv) that and that the company’s trade is “substantial.”

مهاجرت به آمریکا از طریق ویزای سرمایه‌ گذاری
If the foreign national’s country is not on this list of Treaty Country, then E1 Visa is not an option.

Establishing that at least 50% of the US business is owned by eligible foreigners obviously depends on the nationality of the owners. Interestingly enough, however, is that if one of the owners is a US lawful permanent resident, that person’s ownership is not considered to be that of a foreigner, even if that person is a citizen of a qualifying treaty trade eligible country.

While an owner who owns at least 50% of the US business is eligible for E1 Visa, “key employees” are also eligible. A key employee must prove that they are either an “essential skills” worker whose skills are essential to the trading enterprise or key executives.

Condition of Obtaining an E1 Visa

Unlike H-1B visas there is no quota on the number of E1 visa which may be issued every year; therefore it can be obtained any time of the year. Premium processing, in which the petition will be processed within 15 calendar days, is also available.

Advantages and Limitations of an E-1Visa

E1 Visa does not require any specific educational background. You may also travel in and out of the US or remain in the US continuously until your E-1 visa expires. The E-1 visa may initially be valid up to 5 years, with the possibility of 2 year extensions. The duration of status, however, can only be for a maximum of 2 years, which means that the E-1 visa holder has to depart the US and reenter to extend their status or apply for an extension of status by filing such an application in the US.

Iranian E1 Visa Immigration Lawyer Role in an E-1Visa Application

E-1 visa applications are difficult to document and can be painstakingly time intensive. Proving “substantial trade” is also especially challenging when the amount of trade is not toward the higher end. In such cases, a strong argument must be made that such trade is substantial in the particular business based on the nature of the trade. Knowledge of what the immigration service or department of state expects to receive from the petitioner is essential to success. In some consulates, there are particular formatting requirements that if the applicant fails to meet, the case will be immediately rejected.

Contact Our Iranian E1 Visa Immigration Lawyer:

To discuss E1 visa petitions and other alternatives with an experienced California immigration Attorney from the Aria Law Group feel free to contact us by email or call us at (650) 391-9630.

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Immigration Los Angeles San Francisco San Jose USA

Iranian E2 Visa Immigration Lawyer

E-2 Visa (Treaty Investor Visa) California Immigration Attorney and Qualified Person

An E2 Visa (Treaty Investor Visa) is a visa is for a foreign national of an “investor treaty” country, coming to the US to direct the operations of an enterprise in which the investor has invested or is actively in the process of investing a substantial amount of capital. This visa may also be obtained by key employees of the business. Key considerations include: i) whether the foreigner is a national for a country that has an E-2 investor treaty, ii) that the business is 50% owned by foreigners of the treaty country, iii) that the foreigner is either a 50% owner or a key employee of the company, iv) that and that the investment is “substantial.”

مهاجرت به آمریکا از طریق ویزای سرمایه‌ گذاری و معاهده
If the foreign national’s country is not on the list of “Treaty Countries”, then E-2 is not an option.

Proving “substantial investment” is not a precise art because the regulations do not specifically define “substantial.” At a minimum, the investment should produce a return that is higher than a mere income to support the investor and her/her family. Three factors to consider are 1) dollars invested ($200K is a reasonably safe minimum, but some have obtained E-2 visas on initial investments as small as $50K), 2) proof that the amount is enough to capitalize business functions (this obviously varies by business), and 3) the investment should go beyond marginal job creation (that is, at least beyond creating a job just for the investor).

Conditions of Obtaining an E-2 Visa

Unlike H-1B visas there is no quota on the number of E-2 visas which may be issued every year; therefore it can be obtained any time of the year. Premium processing, in which the petition will be processed within 15 calendar days, is also available.

Advantages and Limitations of an E2 Visa

An advantage of the E-2 visa is that it does not require any specific educational background. You may also travel in and out of the US or remain in the US continuously until your E-2 visa expires. The E-2 visa may initially be valid up to 5 years, with the possibility of 2 year extensions. The duration of status, however, can only be for a maximum of 2 years, which means that the E-2 visa holder has to depart the US and reenter to extend their status or apply for an extension of status by filing such an application in the US.

Iranian E2 Visa Immigration Lawyer Role in an E2 Visa Application

E-2 visa applications are difficult to document and can be painstakingly time intensive. Proving “substantial investment” is also especially challenging when the amount of investment is not toward the higher end. In such cases, a strong argument must be made that such investment is substantial in the particular business based on the nature of the business. Knowledge of what the immigration service or department of state expects to receive from the petitioner is essential to success. In some consulates, there are particular formatting requirements that if the applicant fails to meet, the case will be immediately rejected.

Contact Our Iranian E2 Visa Immigration Lawyer:

To discuss E2 visa petitions and other alternatives with an experienced California immigration Attorney from the Aria Law Group feel free to contact us by email or call us at (650) 391-9630.

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Immigration Los Angeles San Francisco San Jose USA

Iranian H1B Visa Immigration Lawyer

H-1B Visa & Qualified Person

H-1B is the most popular work visa in the H class of non-immigrant visas.  In general, an H-1B visa is for a foreign worker coming to the US to temporarily perform services in a specialty occupation for a US employer. Of paramount concern is i) whether the job is in “specialty occupation,” ii) whether the worker has the qualifications, and iii) whether the employer is a “US employer.”

مهاجرت به آمریکا از طریق کار
A “specialty occupation” is simply one where at least a US Bachelor’s degree (or foreign equivalent) in a specific discipline is required for the job. So how do Our Iranian H1B Visa Immigration Lawyer determine whether a specific type of Bachelors degree is required for the job? Generally, At Aria Law Group our California Immigration Lawyer have to research sources that the immigration service considers authoritative, which specifically state that a Bachelor’s degree in a specific field is required. For example, it is clearly established that a Financial Analyst requires a Bachelor’s degree in Business Administration or a related field. In cases where authoritative sources are not clear whether the job requires a specific type of degree, the Immigration and Nationality Act (INA) dictates that there are alternate methods to prove that the specific job offered indeed requires a degree.

Sometimes the worker does not have the precise educational qualifications for the job, but this is not fatal to the application; there are alternatives. Those with Associates degrees, or even no degree at all, can be qualified as having the equivalent of a Bachelor’s degree when proving that they have the experience to make up for the years of education that they lack. There are also additional requirements which the visa applicant must establish, such as expertise in the field. Also, in some cases, the individual has a Bachelor’s degree that is incongruous to the job offered. Such issues may be effectively resolved by an experienced and creative Iranian Immigration lawyer.

Iranian H1B Visa Immigration Lawyer will assist you with the petition:

The petition itself is made by a “US employer.” Basically, a US employer is a company that possesses a tax ID number. However, the Immigration Service will also expect the employer to prove that it is positioned to offer the job. The employer must establish that it will pay at least the prevailing wage, and that the nature of its business is such that it would be able to offer the job. For example, a small computer repair shop would have a hard time proving that they would need a market research analyst.

Process of Obtaining an H-1B Visa

H-1B visas are generally rationed out every year, starting on October 1st, and the earliest one may file for an H-1B visa is April 1st. In previous years, the quota for issuing H-1B visas was met in the first week of April, but in some instances, notably for the 2010 fiscal year cap, H-1B visas were available up until December. There are limited exceptions to the quota.

Contact Our Iranian H1B Visa Immigration Lawyer:

To discuss H-1B visa petitions and other alternatives with an experienced California immigration Attorney from the Aria Law Group, feel free to contact us by email or call us at (650) 391-9630