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Legal News

Visa for People of The Faith

America is so sensitive to diversity that it affords immigration opportunities to even religious workers. Religious workers include persons of all faiths, such as Buddhists, Christians, Muslims, Judaists etc. Perhaps, Congress must have been seriously thinking about enriching the religious foundation of the country when it created this opportunity. After all, a significant number of the very first wave of immigrants came to America in search of religious freedom. People of faith can enter the country with religious worker non-immigrant and immigrant visas.

Religious Worker Non-immigrant Visas

Immigration and Nationality Act Section 101 (a) (15) ® provides for non-immigrant or R visas. They are non-immigrant because the holder can reside in the US and work only for a temporary period not to exceed five years. The initial grant is for three years, and it can be extended for an additional two years. After the expiration of the five years, the holder would have to leave the country for one year before she can be eligible to apply again. A spouse or child of the holder is entitled to the derivative R-2 status.

To qualify, the applicant must be either a minister or a person working in a professional capacity in a religious vocation or occupation or working for a religious organization. The minister must have a proof of ordination. deacons, practitioners of Christian Science, officers of the Salvation Army and ordained persons of other religious faiths may be deemed ministers. A person working in a professional capacity must have a Bachelors degree or foreign equivalent. Religious occupation is any religious activity of a traditional religious brand. Examples are cantors, liturgical workers, translators, religious broadcasters, workers in religious hospitals etc. They do not, however, include clerks, persons performing lay work like nurses, fundraiser or maintenance workers.

A religious organization is one that is non-profit and tax-exempt and dedicated to the propagation of the divine faith. It should be a group or community of believers with some form of ecclesiastical government, creed, statement of faith, some form of worship, discipline, services and ceremonies or the like. The applicant must be a member of the religious organization for at least two years immediately before she files the application for the visa with either the State Department or the Department of Homeland Security.

Religious Worker Immigrant Visas

Immigration and Nationality Act Section 101 (a) (27) (C) provides for religious worker immigrant visas. It is immigrant because the recipient comes as “Green Card” holder, and can permanently reside and work in a religious capacity in the United States. If the applicant is outside the United States at the time of the application, the processing of her documents is done at a nearby consulate or embassy of the United States. But if she is already in the US in another visa status, the processing can be done here. She will first have to file the I 360 religious worker petition, and when approved, file the I 485 petition for adjustment of status with the Department of Homeland Security.

What qualifies a person for a religious worker immigrant visa? First, she must be a member of the religious organization for at least two years immediately before filing the I 360 application. The religious organization must be non-profit and tax-exempt. Second, she must be entering the US solely to carry out her vocation as a minister or to work in a professional capacity in a religious vocation or occupation or in a religious organization. Third, she has been carrying on the vocation, professional work or other work continuously for at least a two year period. The spouses and children accompanying or following are entitled to derivative status.

The information in this article is not a legal advice. If you need legal advice and information on forms and documentary support for applying for this visa, contact the Law Offices of Swaray & Associates at either 763-549-0670 or Golden Valley Corporate Center, 1710 Douglas Drive, Suite 107, Golden Valley, MN 5422. An immigration attorney will be available to assist you.

Getting a Green Card Through Employment in the United States

An alien, in the United States under a visa program, or outside the border in another country, can get a Green Card through employment to live and work in the country. Congress enacted the law that created this opportunity to resolve labor market problems and attract diligent, intelligent and sophisticated workers to the country. This law has drawn geniuses and helped nourish creativity in all industry spheres in the country, and has given the US a leading edge amongst its international competitors.

The seven types of employment-based green cards are as follows:

1. Persons of Extraordinary Ability

Aliens with extraordinary ability in the sciences, arts, education, businesses or athletics, and are known nationally or internationally, and their achievements are extensively documented, may be granted a green card to live and work in the US. They must be entering the US to continue to work in the acclaimed area. The alien does not need an offer of employment to be granted the green card.

2. OUTSTANDING PROFESSORS AND RESEARCHERS

Outstanding professors and researchers with an international standing in a specific academic area may be granted a green card. They must have three years experience in teaching or research in the academic area.

3. MULTINATIONAL EXECUTIVES AND MANAGERS

A multinational executive or a manager may be granted a green card. The executive or manager must be employed for one year in the last three years by a firm or corporation or other legal entity or an affiliate or subsidiary in the US.

4. ALIENS WITH ADVANCED DEGREES OR WITH EXCEPTIONAL ABILITY

Aliens with advanced degrees or foreign equivalent or with an exceptional ability in the sciences, arts or business may be granted a green card. The exceptional ability should be in an area that can substantially benefit the United States’ economy, culture, educational interests, or welfare. The services of the person should be sought by the US employer. The advanced degree should be a BA or BS or a foreign academic equivalent plus five years of continuous experience equal to an MA degree. A person of exceptional ability is one with an expertise significantly above the ordinary in the area.

5. SKILLED WORKERS AND PROFESSIONALS

These may also be granted a green card. The professional must have at least a Baccalaureate degree or foreign equivalent. The skilled worker must have a full time job requiring at least two years of training or experience.
Professionals include architects, engineers, lawyers, physicians, surgeons and teachers in elementary or secondary schools, colleges, academics or seminaries, journalists, and sometimes administrators. They should have a degree, but sometimes knowledge or experience is considered.

6. RELIGIOUS WORKERS

Religious workers may also be granted a green card. See article “Visas for People of the Faith” for more.

7. INVESTORS

A person may get a green card through his investment employment creation in the United States. She must invest at least $500,000.00 in the US, and must employ ten United States citizens or authorized immigrant workers full time and also manage the business or formulate its policies on a day-to-day basis.
With the exception of persons of extraordinary ability and investors, petitions for employment-based green cards are filed by the employer. A petition is initially filed with the Department of Labor to obtain a labor certification. When the certification is granted, another petition is filed with the Department of Homeland Security for the Green Card. If a beneficiary is outside the United States, the application is by consular processing. But if in the United States, the beneficiary adjusts her status after the labor certification grant.

DISCLAIMER

This article is not intended to be a legal advice. Go to the contact page of this site to submit your request to speak to one of our immigration officers or call us at 763-549-0670 763-549-0670 or email us at Swarayassociates@cs.com

Visa Through a Company Transfer

american flagThe L visa can permit an alien into the United States on transfer from a company abroad. Congress created the visa in April of 1970 to allow workers of companies of overseas countries and to transfer their skills to the US. Like other employment visas and Green Card, the creation of this visa us an enormous benefit to the United States economy.

The company to which the alien is transferred must be a branch of the parent, affiliate or subsidiary of the company from which the alien is transferred. The transfer is temporary with a maximum initial stay period of three years, but with a total stay period of up to five to seven years.

There are two types of L visas. There is the L-1A, which is for executives and managers of companies. It has a total stay period of seven years. Then, there is the L-1B visa for alien employees with ‘specialized knowledge’. Specialized knowledge means knowledge possessed by the employee of the company’s product, service, research etc. It permits the alien a total stay period of five years. Spouses and children of either types are accorded derivative L visa statuses.

To qualify for the visa, the employee must have worked abroad in either a managerial or executive position or performing services involving ‘specialized knowledge’. She must also be coming to work in the US in one of these capacities. In addition, she must have worked for that company for one continuous year in the three year period immediately preceding the L visa petition.

If you are interested in applying for this visa, and seek legal assistance, contact us at 763-549-0670 763-549-0670 or our address or email to schedule an appointment to speak with an immigration attorney. Note that this article is not legal advice.

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