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business & employment based immigration
Business/employment-based immigration including, but not limited to the following:
H-1B (Specialist): A visa for highly qualified professionals working in the U.S.
PERM Labor Certification: The certification process for hiring foreign workers.
EB-2 (Based on PERM): For professionals with advanced degrees or individuals with exceptional ability.
EB-3 (Based on PERM): For professionals, skilled workers, and unskilled labor.
Investment Visa (EB-5): For individuals investing in a business in the U.S. and creating jobs.
L-1: A visa for employees transferring internally between companies.
We know that immigration decisions have a huge impact on your life. To get through this you need someone truly on your side. As Vy always tells her clients, “I will 100% guarantee my work.” She sincerely wants to deliver the highest chance of success for you and your family.
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Information on the Latest EB-5 Filing Fee Increase
CHI PHÍ EB5
Announcement on the latest increase in EB-5 application fees
This is the first time USCIS has raised fees in over 7 years since the last increase in 2016. The purpose of this fee increase is to help ensure the operational costs of the U.S. Immigration Department. Additionally, it aims to enhance service quality and reduce processing times, thereby alleviating backlog issues.
The new fee schedule will apply to all application processes. The EB-5 fees will increase significantly:
– The new fee for Form I-526 (Direct Investment) and I-526E (Indirect Investment through Regional Centers) will increase from $3,675 to $11,160. Therefore, investors should submit their EB-5 applications as soon as possible within the next 2 months to save up to $7,485.
– The new fee for Form I-829 (Permanent Green Card Application) will increase from $3,750 to $9,525.
– The new fee for Form I-485 (Adjustment of Status) will increase from $1,140 to $1,440.
Special Note:
A new provision in the fee increase regulation is that fees related to Forms I-765 (Work Permit Application) and I-131 (Travel Document Application) will be separated from Form I-485. Previously, these three forms were bundled together for a single fee. Now, applicants must pay a separate fee for each form:
– If you submit Form I-131, an additional application fee of $630 will apply.
Fee table for various visas:
Kind of forms | Current fee | Updated fee |
I-526/526E form | $3,675 | $11,160 |
I-829 form | $3,750 | $9,525 |
I-485 form | $1,140 | $1,440 |
I-131 form | $575 | $630 |
I-765 (online) | $410 | $470 |
I-765 (online) | $410 | $520 |
- Address: 177 Hoài Thanh street, Bắc Mỹ An ward, Ngũ Hành Sơn district, Đà Nẵng.
- Telephone number : (+84) 942 67 55 67
- Email: immglobal2002@gmail.com
- Fanpage: Immigration Global – Văn phòng luật sư Mỹ
U.S IMMIGRANT VISA EB-5
OVERVIEW OF THE U.S. EB-5 IMMIGRANT VISA
The U.S. EB-5 immigrant visa is an immigrant investment program approved by the U.S. Congress since 1990. It is intended for foreign investors who wish to obtain green cards for their entire family.
By investing in a targeted employment area with a minimum of $800,000 (19 billion VND), it creates 10 full-time U.S. jobs for American workers. The investor’s spouse and unmarried children under 21 years of age will be granted green cards.
The program offers two forms of investment: direct investment and investment through a regional center. The investment through a regional center has many outstanding advantages and is the primary choice for investors.
BENEFITS OF THE U.S. EB-5 IMMIGRANT VISA
- Free to enter and leave the U.S. and move and live in any state in the U.S.
- Children can attend school for free up to the end of high school. Generally, university tuition fees for permanent residents are about three times lower than for international students.
- Free to work for businesses and companies, without job type or time restrictions, and no need for a sponsor.
- Can apply for a permit to establish a company and do business in the U.S.
- Can apply to sponsor a spouse and unmarried children under 21 to the U.S.
- After 5 years from the date of being granted a green card, can apply for U.S. citizenship. Or the family can choose to maintain permanent U.S. resident status indefinitely if desired.
CONDITIONS TO OBTAIN THE EB-5 IMMIGRANT INVESTOR VISA:
Must be 18 years or older.
Invest $800,000 in a project in a targeted employment area (TEA).
Prove that the investment funds come from legal sources.
Prove that the investment will create 10 full-time jobs for U.S. citizens.
- Address: 177 Hoài Thanh street, Bắc Mỹ An ward, Ngũ Hành Sơn district, Đà Nẵng.
- Telephone number : (+84) 942 67 55 67
- Email: immglobal2002@gmail.com
- Fanpage: Immigration Global – Văn phòng luật sư Mỹ
EB-5 Immigrant Investor Visa Process
The EB-5 visa is the shortest path for Vietnamese investors seeking residency and a U.S. green card. Here’s how the process works:
Step 1: Identify an EB-5 Investment Project
EB-5 applicants must first find a suitable EB-5 investment project. This can be either a new business investment project or a project from an approved Regional Center. Our immigration attorneys will assist you in selecting the best EB-5 investment project.
Step 2: Prepare Investment Funds and Submit Form I-526E
Once you have chosen an investment project, you must prepare the required investment funds. This money is usually transferred through an escrow account. Next, you need to find an attorney or service office to assist with preparing the documents and completing Form I-526E – the EB-5 investor visa application – to submit to the U.S. Citizenship and Immigration Services (USCIS). Processing times range from 6 months to 6.5 years (as of now). USCIS will notify you of the result. Most Regional Center projects will refund the investment if your EB-5 visa application is denied.
For priority regional center projects linked with Immigration Global, processing time is around 2 years instead of approximately 5 years for typical projects.
Step 3: NVC Processing (National Visa Center) and U.S. Consulate Interview
After USCIS approval, your case will be transferred to the National Visa Center (NVC). NVC will complete your case and schedule an interview at the U.S. consulate in Vietnam. You will be required to undergo a medical examination, vaccinations, and bring these results to the interview.
Project Management Fees: $60,000 – $80,000
Minimum Investment Amount to Escrow Account: $800,000
Includes:
– USCIS I-526E Processing Fee: $4,675 (when filing Form I-526E)
– Immigrant Visa Issuance Fee:$345 (after USCIS approval, $345/person)
– Medical Examination Fee:$275 (after USCIS requests medical examination)
– $275/adult
– $240/child under 15
– Status Adjustment Fees in the U.S. :$1,225 (for investors with children studying or residing in the U.S. without a green card)
– $1,140/person
– $750-1,140 (for children under 14)
– $85 Biometric fee/person
– USCIS I-829 Processing Fee (10-year green card): $3,750
These fees may change and be adjusted by USCIS without prior notice.
Step 4: Conditional Green Card (2-year Green Card)
If your EB-5 visa application is approved, you will receive a visa to enter the U.S. and, upon arrival, a conditional green card valid for 2 years. After 2 years, this green card expires, and you must apply for a permanent green card (10-year green card). EB-5 visa holders’ immediate family (spouse and unmarried children under 21) can accompany them and also receive a 2-year green card.
Green Card Fee for USCIS: $220 per person
EB-5 visas, like most other immigrant visas, typically have a validity of 6-12 months. Applicants and their families must arrange to enter the U.S. before the visa expires. After receiving the green card, applicants must maintain their permanent resident status. While it is possible to leave and re-enter the U.S. with the green card, staying outside the U.S. for more than 6 months to 1 year is not advisable. If you stay outside the U.S. for over a year without applying for a Re-entry Permit, you may be barred from re-entering, as the green card may be invalidated.
Step 5: Apply for Permanent Green Card (10-year Green Card) and Form I-829
- Address: 177 Hoài Thanh street, Bắc Mỹ An ward, Ngũ Hành Sơn district, Đà Nẵng.
- Telephone number : (+84) 942 67 55 67
- Email: immglobal2002@gmail.com
THE PROCESS OF EB-3 VISA EMPLOYEMENT
EB-3 VISA EMPLOYMENT SPONSORSHIP PROCESS
The “PERM” application is processed and submitted by the employer to the U.S. Department of Labor. PERM (Program Electronic Review Management) is a program of the U.S. Department of Labor for obtaining labor certification. The PERM application process requires the U.S. employer to use various recruitment methods to seek potential American workers or candidates for the position.
This requirement is mandated by the primary purpose of the U.S. Department of Labor to ensure that Americans are given priority for jobs. After the recruitment process is completed in the U.S., if the employer demonstrates that they cannot find any qualified and available American workers for the position, the U.S. Department of Labor will confirm and approve the PERM application.
FIRST
If recruiting units receive job applications from individuals in the United States after posting job advertisements but do not consider or interview American candidates or do not confirm receipt of job applications in the United States with the U.S. Department of Labor, recruiting companies and all participants in this process may be legally responsible.
SENCOND
Employers must file an immigrant visa petition based on employment with the U.S. Immigration Service. This step is the I-140 petition, an immigration application for foreign workers. This is when the employer must demonstrate that:
– The applicant meets the qualifications for the position being recruited for by the employer.
– The employer pays the wage stated in the PERM application submitted to the U.S. Department of Labor.
THIRD
The final step is the submission of an immigrant visa petition by the foreign worker. The sponsorship type for employment also depends on the annual limit of green cards allocated by region.
NOTE:
Consulates may monitor trends in these applications. When they observe a large number of applications for the same job position being reviewed at the consulate, they will scrutinize all applications rigorously to identify any possible fraud.
Subsequently, the U.S. government, including the Department of Labor, Immigration Service, and State Department, will work together to investigate the employer for the submitted applications as well as other parties involved in the process, including the applicants. If it is determined thereafter that the job positions provided by the employer are not genuine, all permanent resident applications sponsored by that employer will be denied.
FOR FREE CONSULTATION PLEASE CONTACT:
Immigrationglobal Law Firm (in VietNam):
- Address: 177 Hoài Thanh street, Bắc Mỹ An ward, Ngũ Hành Sơn district, Đà Nẵng.
- Telephone number : (+84) 942 67 55 67
- Email: immglobal2002@gmail.com
· Fanpage: Immigration Global – Văn phòng luật sư Mỹ
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Vietnam Office Address:
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Phone: (+84) 942 67 55 67
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