Just a reminder that our offices will be closed tomorrow, July 4th, 2024 in honor of Independence Day.
The American Dream
This is a great time to remember what an important role immigrants have played throughout United States (U.S.) history. The U.S. has long been known as a place of opportunity where people from all over the world come to seek out the American Dream; therefore, immigrants have had a crucial role in developing the U.S., contributing to its diversity, economic growth, and cultural richness. For so many immigrants, Independence Day holds a special significance because it symbolizes not only the promise of opportunity, but their journey through resilience in their pursuit of life in America.
Supporting Immigrants on Their Journey
At AVA Global, we are committed to supporting immigrants as they navigate the complex legal landscape of the United States. Whether you are seeking citizenship, looking to reunite with loved ones or accepting a new job, we understand the challenges you face and are here to help you every step of the way. Our mission is to ensure that your rights are protected and that you have the opportunity to achieve your American dream. If need U.S. Immigration or Citizenship services, contact us today to schedule a consultation.
The Meaning of Freedom
As fireworks light up the sky this Fourth of July, let’s take a moment to reflect on the true meaning of freedom and independence. Let’s remember that these ideals are not just historical concepts but living principles that we must continually strive to uphold. This includes advocating for justice, equality, and opportunities for all, regardless of where they come from.
Together, we can continue to build a nation that truly lives up to its founding ideals, where liberty and justice are accessible to all.
From all of us at AVA Global, we wish you a happy and safe Fourth of July!
Please note that this information is provided for general information purposes only and is not legal advice. Engaging with this post does not create an attorney/client relationship.
When you spend day in and day out working with clients seeking a new life through immigration opportunities, it’s impossible not to relate whole-heartedly to our fellow communities who identify as LBGTQIA and their journey through life.
We know that it’s a very personal fight. We believe in fundamental human rights for all individuals.
Freedom. Humanity. Love. Life. For all.
Pride in Action
The origins of Pride Month represent an organized, intentional liberation movement that started almost a decade prior to the Stonewall Uprising of June 1969. In the following year, the Eastern Regional Conference of Homophile Organizations focused their organizing efforts to create a demonstration called Christopher Street Liberation Day (the street in Greenwich Village where the The Stonewall Inn was located), in essence creating the modern gay rights movement.
Gay is angry print. “Gay is Angry,” protest poster, 1971. Artist: Juan Carlos y Nestor.
The goal was to commemorate and raise national awareness around the significance of the mass-resistance to unfair and unjust targeting of LGBTQ peoples and to demonstrate for equal rights. On June 28th, 1970, the inaugural Gay Pride marches took place around the US in New York, Los Angeles, and Chicago.
“First Class Queer, Second Class Citizen”
Stand Up. Stand Up Stronger.
The activists who championed this work at the time acknowledged that after the Stonewall Uprising, the national stage was prime for creating a lasting movement. They needed the entire country to come together and address the larger struggle – one for fundamental human rights. It’s through their passion and vision that we continue to recognize and honor equal rights for the LBGTQ community.
In honor of this Pride Month, AVA Global is excited to share inspiration from our clients. Keep an eye out throughout the month on our website and social channels for features celebrating the lives and impact of the LBGTQ community.
If you are a member or an ally of the LBGTQ community and considering immigration options for you or your family, please contact us for a consultation.
“That Nation which respects and honors its dead, shall ever be respected and honored itself.”
– Brevet Lieut.-Col. Edmund B. Whitman, 1868
The influence of immigrants plays a part in the origins of Memorial Day. It’s been said the day of celebrating those who died serving and defending their country began as a Southern holiday, in honor of African American Freedom. Dating back to May 1865, thousands of formerly enslaved Black community members in Charleston, South Carolina held a ceremony and parade.
According to Dr. David Blight, Sterling Professor of History and of African American Studies at Yale University: “The war was over, and Decoration Day had been founded by African Americans in a ritual of remembrance and consecration.” (Attributed to his article “The First Decoration Day.”)
Three years later, in1868, General John Logan, leader of an organization for Northern Civil War veterans, called for a nationwide day of remembrance. In his words, he called for a day (May 30th) whose purpose was to strew flowers, decorating the graves of comrades who died in defense of their country, declaring it Decoration Day by issuing General Orders No. 11 or the “Memorial Day Act.” The tradition of draping flowers on graves has been recorded from the Classical Roman period to western Europe in the nineteenth century.
In the 20th century, the day of remembrance evolved to commemorate American military personnel who died in all wars from World War I and II, the Vietnam War, the Korean War, and the wars in Iraq and Afghanistan. The federal government continued to recognize Memorial Day through legislative actions such as the Congressional joint resolution in May 1950) as well as 1966, when it officially recognized Waterloo, NY as the “birthplace” of Memorial Day. In 1971, the Uniform Monday Holiday Act, designated Memorial Day a national holiday and moved it from May 30th to the last Monday in May.
Flowers of charity, peace, and devotion …
Place on the graves of our heroes the laurels
Which their unfaltering valor has won!
Paul Lawrence Dunbar (1872–1906) from Ode to Memorial Day
In many ways, the true intention of Memorial Day is honor, remembrance and prayer for permanent peace.
Service Members and Immigration
As a recognition of service members, their commitment and sacrifice to their country, the US government extends citizenship and naturalization to service members and their close relatives who are natives of other countries.
For service members in the US armed forces, there is eligibility for naturalization under special provisions of the Immigration and Nationality Act (INA).
The US government also recognizes the importance of service members and their family support system. For spouses, these are special considerations for immigration that include expedited naturalization, expedited processing, overseas naturalization, and accommodations for adjustment of status. For children of service members, there may be the opportunity to automatically acquire citizenship under section 320 of the INA. And for certain children of service members who have not already acquired citizenship (under INA 320), they can become naturalized under section 322 of the INA while overseas. Information is available on the USCIS website.
If you are a US service member and considering expedidated immigration options for your family members, please contact us for a consultation. Our United States immigration attorneys are licensed to practice immigration law in all 50 states and at United States consulates and embassies across the globe!
Three women have been attributed with the collective origination of Mother’s Day. Ann Reeves Jarvis, known as “Mother Jarvis” was an Appalachian homemaker and lifelong activist who, in the mid-1800s, organized “Mothers’ Day Work Clubs” in West Virginia to provide education and help mothers who needed it the most. Active during the Civil War, Mother Jarvis also organized women’s brigades. Post-war, she proposed a Mothers’ Friendship Day to promote peace between former Union and Confederate families.
Julia Ward Howe, a famous poet and reformer known for authoring the famous Civil War anthem, “The Battle Hymn of the Republic,” represented the next voice in the Mother’s Day movement. After personally seeing the cruelty of war, Ward Howe called for mothers to join together to prevent the senseless injury and loss of life. She founded the “Mother’s Day for Peace” and around 1870, called for a “Mother’s Day Proclamation,” Ward Howe’s version of Mother’s Day lasted for about 30 years leading up to World War I.
“Motherhood: All love begins and ends there.”
Robert Browning
Social activist, and daughter of Ann Reeves Jarvis, Anna Jarvis picked up the Mother’s Day torch as she sought to memorialize her mother’s life and honor all mothers by making Mother’s Day a national holiday. Her intent focused on honoring mothers and the sacrifices of motherhood. Jarvis held the first celebration in May of 1908. By 1912, celebrations were held nationally and Jarvis formed the Mother’s Day International Association to promote her campaign for making the holiday official.
In 1914, President Woodrow Wilson signed a bill designating the second Sunday in May as a legal holiday to be called “Mother’s Day”—dedicated “to the best mother in the world, your mother.”
Modern Day Celebration
Today, Mother’s Day continues to evolve and expand, celebrating all those who champion and fulfill the role of mothering – whether mother, grandmother, aunts and more. Beyond carnations and roses, Hallmark cards and other commercialization of the holiday, the team at AVA Global recognizes the importance of mothers all over the world and the selfless contributions made by those who embody the role of mothering.
“A mother’s arms are more comforting than anyone else’s.”
Princess Diana
Mothers and the IR-5 Visa
US citizens (age 21 and over) have the ability to bring their parents to lawfully live and work in the United States by obtaining an IR5 Visa (a family based green card). Parents of U.S. Citizens are categorized as immediate relatives under immigration law (along with a spouse and unmarried children under age 21) and are given priority. There is an unlimited number of immigrant visas available to immediate relatives.
The application path to an IR5 Visa is made up of three parts requiring several forms to be filed with US Citizenship and Immigration Services (USCIS) and/or the U.S. Department of State.
To get started, Form I-130, Petition for Alien Relative, establishes a qualifying relationship with a foreign national relative by an US citizen or permanent resident. The petition also communicates the intention to help that person obtain a green card in the United States. An I-130 approval clears the way for an individual to apply for a green card (lawful permanent residence). Please Note: An I-130 approval does not give the beneficiary lawful status in the United States. It is a prerequisite to filing and application for a green card.
Next steps depend on whether the parent currently resides in the US or outside of the US. For those already in the US, the process starts with an adjustment of status and would file Form I-485, Application to Register Permanent Residence or Adjust Status. The USCIS considers the following three fundamental requires to adjust status (although additional factors may also be considered for an approval):
Be physically present in the United States;
Have an immigrant visa immediately available; and
Have a lawful entry to the United States.
For foreign nationals residing outside the US, USCIS will send files to the National Visa Center (NVC) which will coordinate the transfer of the case to the US consulate in the country where your parent resides. This is known as consular processing. The NVC process most likely includes the following steps: completing Form DS-261 to assign an agent, payment of Immigrant Visa Application Processing fee and Affidavit of Support fee, submission of the Immigrant Visa Application (Form DS-260) through the Department of State website, and submission of various civil records and Form I-864 Affidavit of Support (including all financial supporting documents). This part of the process can take approximately six to 10 weeks, or more if there are significant backlogs.
When the NVC is satisfied that the correct document submissions and fee payments have been completed, the next step will be scheduling an interview at the US embassy or consulate. Applicants will also undergo a medical examination performed by an authorized physician and obtain certain vaccinations before the government will issue the visa.
If you are a US citizen over the age of 21 and would like professional assistance to sponsor your mother (or father and/or qualifying immediate relative), you can schedule a consultation with us here. Our United States immigration attorneys are licensed to practice immigration law in all 50 states and at United States consulates and embassies across the globe!
International students who are pursuing a degree in the United States are often confused by the complexities of visa regulations that impact their employment opportunities. Optional Practical Training (OPT) is a temporary employment authorization that allows international students to gain practical experience in their field; however, the rules that govern the program are strict so it is important to understand them and how they can impact a student’s life.
What is OPT?
OPT is a program administered by U.S. Citizenship and Immigration Services (USCIS) that allows eligible F-1 students to work in the U.S. for up to 12 months (or up to 36 months for STEM degree holders) in a job directly related to their major field of study. It can be used during or after completing academic studies. OPT provides valuable hands-on experience and allows students to supplement their academic knowledge with practical skills in a real-world work environment.
Eligibility Criteria
To qualify for OPT, students must meet certain eligibility criteria:
F-1 Student Status: Applicants must be in valid F-1 student status at the time of application.
In Good Academic Standing: Students must be enrolled full-time for at least one academic year and must be in good academic standing with their institution.
Field of Study: The employment must be directly related to the student’s major field of study.
Application Timing: OPT can be authorized before completing studies (pre-completion OPT) or after completing studies (post-completion OPT).
Types of OPT
There are three main types of OPT:
Pre-completion OPT: This allows students to work part-time or full-time while still enrolled in school. Students can work up to 20 hours per week while school is in session and full-time during breaks.
Post-completion OPT: After completing academic studies, students can apply for post-completion OPT. This allows them to work full-time for up to 12 months in a job related to their major field of study.
STEM OPT Extension: Students with degrees in Science, Technology, Engineering, or Mathematics (STEM) may be eligible for a 24-month extension of their OPT period. This extension allows for a total of 36 months of OPT employment.
Limitations on OPT
Unemployment: While on OPT, students must be engaged in employment related to their field of study. There are limitations on the duration of unemployment allowed during the OPT period. Students on standard post-completion OPT are allowed a total of 90 days of unemployment, while students on the STEM OPT extension are allowed an additional 60 days of unemployment.
Engage in Unauthorized Employment: Students must ensure that they are working in positions that are directly related to their major area of study and are authorized under their OPT employment authorization. Engaging in unauthorized employment can jeopardize their immigration status and future prospects in the United States.
Extend OPT Period Without Proper Authorization: Students must adhere to the timeline of their OPT period as authorized by USCIS. Extending the OPT period without proper authorization can have serious consequences, including being considered out of status and accruing unlawful presence.
Violate Immigration Regulations: It’s essential for students on OPT to comply with all immigration regulations, including maintaining valid immigration status, reporting any changes in employment or address to their designated school official (DSO), and staying informed about their rights and responsibilities.
Application Process
The application process for OPT involves several steps:
Preparation: Students should work closely with their designated school official (DSO) to understand the OPT application requirements and deadlines.
Form I-765: The primary form for OPT application is Form I-765, Application for Employment Authorization. Students must submit this form along with supporting documents and the required fee to USCIS.
Wait for Approval: After submitting the application, students must wait for USCIS to process it. The processing time can vary, so it’s essential to apply well in advance of the desired employment start date.
Employment Start Date: OPT employment authorization begins on the start date requested by the student or the date USCIS approves the application, whichever is later.
OPT provides valuable opportunities for international students to gain practical experience and enhance their skills in the U.S. job market. However, navigating the OPT application process can be complex, and it’s crucial for students to understand the eligibility criteria, requirements and restrictions in order to remain compliant with US visa regulations. Consulting with a knowledgeable immigration attorney can help ensure a smooth OPT application process and maximize the benefits of this valuable opportunity for international students.
If you’d like to schedule an appointment with our knowledgeable US attorneys, you may do so here. Our attorneys are licensed to practice US immigration law in all 50 states and at US embassies and consulates around the world.
Current as of April 16, 2024
*This is not meant to be legal advice nor does engagement with this post create an attorney-client relationship.
Foreign Nationals may be eligible to apply for an EB-2 National Interest Waiver (EB-2 NIW) if they are a member of the professions holding an advanced degree or its equivalent, or a person who has exceptional ability. In either case, the petitioner must show that the petitioner’s work is in the national interest of the United States.
What is the EB-2 NIW Visa
The EB-2 NIW is a visa category within the employment-based immigration system of the United States. It is designed for individuals with advanced degrees or exceptional abilities in their fields, whose work is deemed to be in the national interest of the country. One of the biggest perks of the EB-2NIW is that, unlike other employment-based visas that require employer sponsorship and labor certification, it allows petitioners to self-petition.
Key Requirements of the EB-2 NIW
To qualify for an EB-2 NIW, applicants must meet certain criteria:
Advanced Degree or Exceptional Ability: Applicants must possess either an advanced degree or exceptional ability in their field. An advanced degree typically refers to a master’s degree or higher, while exceptional ability denotes a level of expertise significantly above that ordinarily encountered in the field.
Significant Contribution to the National Interest: Applicants must demonstrate that their work has a substantial impact on the national interest of the United States. This can be evidenced through various means, such as contributions to research, economic growth, healthcare, environmental protection, or cultural enrichment.
Waiver of Job Offer and Labor Certification: Unlike other employment-based visas, the EB-2 NIW waives the requirement for a job offer and labor certification. Instead, applicants must prove that their work is in the national interest, thereby justifying the need for a waiver.
Benefits of the EB-2 NIW
The EB-2 NIW visa offers several advantages to qualified applicants:
Self-Petition: Applicants can petition for the EB-2 NIW visa without the need for employer sponsorship..
Priority Date: Upon approval, applicants receive a priority date, which determines their place in the queue for visa processing. This can potentially expedite the immigration process for many individuals, especially those from countries where there is a high demand for US visas.
Green Card: The EB-2 NIW leads to permanent residence in the United States. Successful applicants can apply for adjustment of status or consular processing to obtain a green card for themselves and their eligible family members.
Application Process
The application process for the EB-2 NIW visa involves several steps:
Compile Portfolio: Petitioners must compile a comprehensive portfolio of evidence demonstrating their qualifications, achievements, and contributions to the national interest. This may include academic credentials, publications, awards, intellectual property, letters of recommendation, etc.
Form I-140 Petition: Applicants submit Form I-140, Immigrant Petition for Alien Worker, along with supporting evidence to the United States Citizenship and Immigration Services (USCIS). This petition serves to establish eligibility for the EB-2 NIW visa.
Adjudication: USCIS reviews the petition and evaluates whether the applicant meets the requirements for the EB-2 NIW visa. If additional evidence or clarification is needed, USCIS may issue a Request for Evidence (RFE) before making a final decision.
Visa Processing: Upon approval of the Form I-140 petition, applicants residing outside the United States must complete visa processing at a U.S. consulate or embassy in their home country. Those already in the United States may apply for adjustment of status to obtain permanent residency once their priority date is current.
The EB-2 NIW visa offers a valuable pathway for highly skilled individuals to contribute their expertise to the national interest of the United States. By recognizing the significance of their work and providing a streamlined immigration process, the EB-2 NIW visa facilitates the recruitment of top talent from around the world, enriching the nation’s economy, culture, and innovation landscape. For skilled professionals seeking to make a meaningful impact in the United States, the EB-2 NIW visa presents a compelling opportunity to pursue their career aspirations and contribute to the nation’s prosperity.
If you are interested in learning more about the EB-2 NIW visa and whether it is right for you, we would love to outline the important considerations and explain your options to you. You can schedule an appointment by clicking here.
Current as of April 9, 2024.
*This is not meant to be legal advice nor does engagement with this post create an attorney-client relationship.
If you are looking for the latest developments in visa policies and procedures, then rest assured that AVA Global has you covered with our comprehensive overview of the key highlights of the April 2024 Department of State Visa Bulletin.
The Visa Bulletin is divided into to two different categories: Family-Sponsored Categories and Employment-Sponsored Categories. For the month of April, per USCIS, Family-sponsored categories should continue using the “Dates for Filing Chart;” however, all employment-based immigration categories will use the “Final Action Dates” chart.
Family-Sponsored Categories:
For the Family-Sponsored Categories, the Dates for Filing remains unchanged from the March visa bulletin with the exceptions of the F4 category for India, which advanced nearly two months from February 22, 2006 to April 8, 2006. Similarly, the F4 category for the Philippines advanced one full year!
Employment Sponsored Categories:
For Employment-Based Categories, under the Final Action Dates, the EB-4 category for all countries has made significant progress with 11 months of advancement; however, the EB-4 “Certain Religious Workers” category for all countries is displayed as “unauthorized” meaning adjustment is unavailable for those who priority date falls within this category. EB-1, EB-2, EB-3, and EB-3 “Other Workers” categories have also made advancement, including the EB-1 category for India, which moved five months ahead.
If you’d like more information on immigrant visas, don’t hesitate to schedule a consultation with our attorneys. Our US immigration attorneys are licensed to practice immigration law in all 50 states and at US embassies and consulates around the globe!
Current as of March 7, 2024.
*This is not meant to be legal advice nor does engagement with this post create an attorney-client relationship.
The US EB-5 Investor Visa is for foreign entrepreneurs who can invest the required amount in a new commercial enterprise and can lead to a green card.
Are you dreaming of investing in the “American Dream?” If the answer to that question is “YES!” then the EB-5 Investor Visa may be the right option for you. Although both the E2 and EB-5 Investor Visas were established to spur economic growth and create jobs, only the EB-5 provides a pathway to permanent residency for foreign investors and their families. If you believe you already qualify for an EB-5 visa, click here to schedule a consultation; however, if you would like to get a better understanding of what the EB-5 visa entails, then keep reading!
Elements of an EB-5 Investor Visa
The EB-5 Investor Visa program is designed to attract foreign capital by encouraging investments in new commercial enterprises that create jobs for U.S. workers. The government views the EB-5 as having three main elements:
The immigrant’s investment of capital;
in a new commercial enterprise;
that creates 10 jobs per investor.
Of course, proving each of these elements requires different evidence.
Investment Amount:
To qualify, investors must make a capital investment of at least $1,050.00 in a new commercial enterprise; however, if the investment is located in a targeted employment area (TEA), where unemployment is high, the minimum required investment is reduced to $800,000.
Job Creation:
One of the primary goals of the EB-5 program is to stimulate job growth. Investors must demonstrate that their investment results in the creation of at least 10 full-time jobs for qualifying U.S. workers within two years of obtaining conditional permanent residency.
Source of Funds:
USCIS requires investors to prove that their investment funds are obtained legally. A comprehensive documentation process is necessary to establish the legitimate source of funds used for the investment.
Conditional Permanent Residency:
Successful EB-5 applicants, along with their immediate family members, receive conditional permanent residency in the United States. This status is granted for a period of two years and can later be converted into unconditional permanent residency.
Important Steps to Obtain an EB-5 Investor Visa
The steps below are important milestones in the EB-5 visa application process. Consult a licensed US immigration attorney to thoroughly review all the steps necessary.
Research and Consultation:
We recommend that you begin by thoroughly reading the USCIS requirements for the EB-5 program. It’s always a good idea to schedule a consultation with licensed US immigration attorneys to gain a comprehensive understanding of the process.
Identify a Suitable Investment:
Choose a new commercial enterprise that aligns with the EB-5 program requirements. This can involve starting a new business, expanding an existing one or revitalizing a struggling enterprise.
Financial Planning:
Evaluate your financial capabilities and ensure you have the minimum required investment amount. Work with financial advisors to organize and document the source of your funds to meet USCIS requirements.
File Form I-526:
The initial application involves filing Form I-526, Immigrant Petition by Alien Entrepreneur, with USCIS. This petition provides detailed information about your investment, business plan, and the source of funds. USCIS will review this petition to determine eligibility.
Conditional Permanent Residency:
Upon approval of Form I-526, investors and their eligible family members can apply for conditional permanent residency by filing Form I-485 with USCIS or through consular processing.
Removal of Conditions:
90 days before the second anniversary of receiving conditional permanent residency, investors should file Form I-829 to remove the conditions and obtain unconditional permanent residency. If you have not met all the conditions, speak with a licensed immigration attorney ASAP!
Embarking on the EB-5 Investor Visa journey requires careful planning, meticulous documentation and legal expertise. If you’re considering the EB-5 program or have questions about your eligibility, contact the passionate attorneys at AVA Global today for personalized assistance on your path to obtaining the American Dream!
Current as of March 6, 2024.
**This post is not legal advice nor does engagement with this post create an attorney/client relationship.
