O1 Visa Self Sponsorship

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I would like to know if it is possible to incorporate my own company to sponsor me for a O1 visa? I spoke to one lawyer and was told I can sponsor myself as long as I have strong reference/creential letters. Another lawyer I spoke with told me that I cannot incorporate on my own and self-sponsor. So who’s right?

While it is true that O1 visa beneficiaries cannot self-sponsor, if the position is one that traditionally involves self-employment, you may be sponsored by a US agent rather than an employer. Moreover, USCIS has recently taken a tough stance against self sponsorship in the H1B visa area and is likely taking a strong stance against other visa types. It would be risky to self sponsor in this environment but a case could be made and even approved. They certainly have been in the past.

Copying a Naturalization Certificate

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Hi, I recently obtained US citizenship through your firm and got my naturalization certificate. I see that on hte certificate it says that I cannot copy it. But I want to bring my parents to the US and I know that they’ll need copies. Wha to do?

While the naturalization certificate does state that it is unlawful to duplicate, it is in fact alright to make copies for lawful purposes such as proving citizenship in order to sponsor immigrant family members.

J1 Waiver for a J2 Holder

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I have J1 visa and my spouse J2 visa. Our visa expires on September 6, 2012 and I am leaving with my kids back. But my husband needs to stay here in order to improve his English and get some upgrade in his education. But he has as I do, two year rule restriction. Can you help us to waive this 2-year rule? If I am not intending to stay here and planning to leave in April, is it possible that the process goes without me. Or is it necessary, that I stay here till the decision is made.

Canceling the labor certification is not required. You can file simultaneous EB1 and NIW petitions and We can help you with a waiver. You do not need to stay here until the decision to be made but it’s not possible to process the case without you.

Religious Worker Portability

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I have an approved religious worker visa and my green card is waiting for approvel. I was wondering if I can switch to another church before I get the green card?

The answer is no if you still want to obtain the green card. The law, specifically AC21, allows porting between employers where there is an approved I-140 and a pending I-485 but religious workers are not included in this legislation. You will have to remain with you sponsoring employer until your I-485 is approved.

Fast NIW Green Cards

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I heard you from a friend who received his green card through NIW in less than a month after filing. I looked at your approved petitions and found more NIW and EB1 petitions approved in weeks. I can’t believe this. I have a pending labor which was filed in the beginning of last year. In this case, do I need to withdraw the labor then file NIW or file NIW immediately without canceling the labor. Please let me know ASAP so I can start my case with you. Thank you.

Canceling the labor certification is not required. You can file simultaneous EB1 and NIW petitions and retain the labor certification filing. For many scientists and researchers, a labor certification is not required and will significantly lengthen the amount of time it takes to obtain residency. In addition, the NIW and EB1 avenues do not require employer sponsorship which is very difficult for the majority of new PhD holders to obtain. Please send us a copy of your CV/resume and we can determine if you are qualified for a self sponsored EB1 and/or NIW application.

EB-5 Rural Area Designations

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I’m interested in purchasing a business in the US in order to qualify as an immigrant investor through the EB5 program. I want to invest the least amount possible which I understand is $500k. This requires a business to be in a rural area. What exactly qualifies as a rural area?

These qualifying areas are determined by the US Census and locations can be found through their web site here: http://quickfacts.census.gov/qfd/states/00000.html

NOID for Marriage Green Card

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I received an Notice of Intention to Deny for my marriage green card case. The main reason is that we live apart. The officer wants to see more proof of our relationship. We have photos and phone bill to prove that we’re contacting each other and spend time together. Do you think that it’s sufficient? What is your advice on this? Have you handled such case before?

In order to get a marriage green card case approved, you must be able to show that there is a bona fide relationship. One of the primary aspects of a marital relationship is cohabitation. While we have successfully helped people in your situation before, it may not be easy depending on your circumstances. Contact our office to discuss your case in greater detail.

Filing a Second PERM Labor Certification to Take Advantage of shorter EB2 Wait Times

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I am from India and I already got an approved labor certificate and I140 in the EB3 category. My I485 has been pending for three years now and it seems like it will never get approved because of the long waits. I have a job offer from another company and I want to file again to go through the EB2 category. Is this ok? Am I qualified? I only have a BA but I now have 6 years of experience.

Yes, not only is it possible for the new company to refile for you but you should be able to take advantage of your current priority date. This likely means that your priority date will be current once the application is approved and you should be able to obtain your green card without any additional wait for a visa number. Regarding your qualifications, a Bachelor’s degree + 5 years experience is the minimum requirement for an EB2 petition so you are almost certainly qualified.

Subject or Not Subject to the Two Year Home Residency Requirement

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My visa says that I’m subject to the 212(e) rule but I’ve heard that it’s possible that I’m not subject to the 212(e) rule. I need to legal represent ion on this. Please let me know if you can help me.

Whether or not you are subject to INA Section 212(E) is determined by your program type, who funded the program, the purpose of the program and your nationality. The indications on your J1 visa and DS-2019 are usually correct but not always. Moreover, those indications are not binding. So if your visa says that you are subject but you feel that you are not, we can help you to obtain a binding legal opinion from the US Department of State to indicate that you are not subject to 212(E).