Everything You Need to Know about O-1A and O-1B Visa?

If you are looking to apply for the O - visa, you will have to have a job offer from a U.S employer. After you get the O-visa you can work legally in the U.S. O - visa is basically a type of short-term work visa available to certain people who are specialized in some fields, perform outstanding work in science, arts, education and business.

While applying for the visa you might want to consult an immigration attorney to check your eligibility. Following, Michael Wildes Reviews, who is known as the “attorney to the stars” will help to complete your needs offering promising respectful service.

O-1A: Extraordinarily gifted individuals in various sciences, fields of education, athletics or business.
O-1B: Individuals with an amazing ability in the arts or received a recognition in motion industry or television industry.

The Requirements for an O-1A Visa

The beneficiary should have been nominated for awards of national or international level in specific fields, or show evidence of at least three of the following:

Reviews, advertisements, PR or endorsements, showing a lead contributor in events that have a unique reputation or participated in productions.

Achieved achievements at national or international national or international grounds. Show evidence of published materials or trade journals, magazines or other publications.  

Perform as starring, or critical role for organizations and establishments having a good reputations.  

Evidence of individual as title, rating or television ratings showing success and other occupational achievements as given in trade journals or other publications.

A proof of beneficiary’s achievement and receiving recognition from experts in the fields.

A evidence or proof showing that the individual has attained certain remuneration for services in the field.

The Requirements for an O-1B Visa

The individuals under the art category, should have distinction in their artistry fields, that means a high level of achievement as shown from their degree of skill or the person to be described as prominent, leading or well known in the field of arts.

The worker has to show proof that they have been nominated in their fields nationally or internationally or achieved majorly recognized awards like Emmy, Academy award or director’s guild award. Other than this foreign worker should qualify through at least three of the following evidence:

•    Performing as a starring role in productions or events that comes under the category of good reputation and are well recognized.
•   Critical reviews showing that the foreign worker has received awards at national or international level.
•  Evidence of performance and representing organizations or establishments with distinguished reputations;
•    Evidence showing success in performing arts in the form of box office receipt, cassette or video etc.

•  Special achievements from organizations, government agencies, or other recognized experts in the field
•    Evidence of having commanded a high salary for services in relation to others; and
•    Other comparable evidence

Contact your attorney today to check your eligibility.

The Basic Requirements for Labor Certification Applications

A permanent labor certification issued by the Department of Labor (DOL) is a permission for employers to hire a foreign worker to work permanently in the United States. The employer has to file the required labor certification with the U.S department of labor which is an important and time consuming part of the process to obtain U.S lawful permanent residence based on employment.

If the DOL approves the LC, it is a prove that employer has proven that there are no qualified U.S workers available to take the offered job.

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“All labor that uplifts humanity has dignity and importance and should be undertaken with painstaking excellence.” -  Martin Luther King

Who Needs Labor Certification:

Labor certification is for those looking to immigrate on the basis of employment. You do not need it – if you are a refugee or asylee, or looking to immigrate on the basis of a family relationship to a U.S citizen or lawful permanent resident.

Certification Requirements:

For those who need it has to complete the requirements for labor certification application. Some of them are:

• Full-time employee - The foreign worker should be employed by the employer as a full-time employee, not part-time.
• Permanent job - The employee should have the permanent position. Temporary positions do not qualify for labor certification but may qualify for work visa.
• Reasonable job requirements – The employer should specify the minimum educational and experience requirements that are usually required for the occupation.  These requirements should not be unduly restrictive and cannot be tailored to the background of the employee for whom the application is filed.
• Wage must be higher of prevailing wage or actual wage - The employer should pay at least the actual wage that is the same wage that the employer pays to other employees at same position. It should also match with the prevailing wage that other employers pay for similarly qualified workers.

The foreign workers are given permission to work in the U.S keeping in mind that it will not adversely affect the job opportunities, wages and working conditions of U.S workers. An approved labor certification is valid for 180 days following approval. Once the DOL approves the permanent labor certification application, the employer will need to seek the immigration authorization from USCIS.

Contact a PERM Attorney to schedule an appointment regarding your labor certification.

Visa Requirement For Fashion Models To Work In The U.S.

It is not a simple process to get to work in the United States and is a time consuming one. Fashion models enter in the United States to typically work under one of the two visa categories they are liable for. The two options that the fashion models looking for work in the U.S are H-1B3 and 0-1 visa. Both of these allow a model to work in the United States.

The visas are classified differently according to the requirement like performers, artists, models etc. In order to have assistance in acquiring a visa, it is recommended to contact a New York immigration lawyer to make sure you are applying it correctly.

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O-1 Visa

The model should have a list of upcoming projects or events to satisfy the O visa requirements, which will show their extraordinary ability. This can also be proved by an acknowledgement of internationally recognized award. 0-1 visa allows foreigners of extra ordinary skills to visit the U.S for 12 months.

This visa requires that you show any of the following:

1)  A major international award or prize.

2)  Other significant contributions to the field, or well-paid employment.

3) A consultation report verifying the alien's credentials and the benefits of the visit.

Extraordinary ability may also be confirmed if the individual shows:

• Receipt of nationally or internationally recognized awards

• Membership in organizations that require outstanding achievement

• Published materials about the model

• Model is appointed at an organization with notable reputation.

• That the model has a salary above others in the industry.

H-1B3 Visa

The H-1B3 work visa will permit a foreign fashion model to work in the U.S for a period of three year. The model should be coming to the U.S for services that require a model of fame that means a high level of accomplishment in the field of fashion modeling. The model must establish that they are of eminent merit and ability.

H1B3 fashion models are not required to have a bachelor’s degree or higher, or its equivalent. The fashion model looking for work under H1B3 visa should be performing services, events or production including:

• Documentary evidence to prove that the fashion model is of distinguished merit. It should set forth the expertise of the affiant in which they acquired such information; and
• Copies of any written contracts between the petitioner and the H1B3 fashion model or summary of any oral agreement under which the beneficiary will be employed.

You can opt to have the type of visa according to your certifications and the immigration attorney will file a “petition” for a visa for you.

Who Can And Who Cannot Apply For US Family Visa?

Everyone wants to live with their family. And, foreign nationals who immigrate to America are no different. When it comes to immigrating family to the United States, there are so many confusions related to it like who can and who cannot apply for the US family visa.

According to the regulations, the immediate relatives of US citizens can apply for immigration under this category. And these visas are unlimited. On the other hand, visas for individuals with more distant family relationships with an American are limited.

Still, to clear some confusion, here are the details of this immigration process.

Spouse – Foreign national spouses of American citizens can apply under this category. It is essential that they are legally married to the US national and if there is polygamy, only the first spouse may qualify to apply for the appropriate visa.

Children – A US citizen’s unmarried child who is under the age of 21 years may apply. Orphans adopted abroad or in the United States by an American also qualify for this category. Unmarried children of US nationals along with their minor children have a visa category too.

Parents – Parents of an US national may also apply. However, it is a vital rule that the citizen should be at least 21 years old.

And, these rules apply for the same sex spouses too. However, if you want answer to all your remaining questions and want to clear all your doubts, then it will be a good decision to contact a veteran immigration attorney such as Michael Wildes.

He has been practicing in this law field for years. He is the managing partner at the law firm Wildes and Weinberg PC. He is a graduate of the Queens College of the City University of New York and the Benjamin N. Cardozo School of Law. He teaches immigration law as an adjunct professor at the latter university. Michael Wildes Reviews is the platform to check the feedbacks of his former clients.  http://www.michaelwildesreviews.com/

The Process Of Becoming A Citizen of U.S through Naturalization

Looking forward to acquire the citizenship of the U.S? Naturalization is a process through which immigrants become citizens. The naturalization process is quite simple and relatively easy. It is the process by which those foreign nationals, apply for and obtain U.S. citizenship and become naturalized American citizen.

There are a few basic requirements to be a naturalized citizen of U.S. Here is a detail about the requirements:

Physical Presence in the United States

If you have been physically present in the U.S. for at least 30 months apart from the previous five years, then you can apply for the naturalization form. If you were absent for more than six months but less than one year, you may still be eligible if you show the valid reason for your absence. If you are a permanent resident at least 18 years old, then too you should be physically present in the United States for minimum half of the continuous residence period.

Good Moral Character

To become eligible for naturalization, you should have good moral character for the statutory period. Certain criminal sentence in the five years before the application will block naturalization, it is important that all judgments should be disclosed during the application.

Continuous residence

The individual should be in the United States from the date of filing the application up to the date of being confirmed in as a US citizen. This will prove that the individual is a continuous residence. It means that you should be a permanent resident of U.S for some specified period of time. They can be either permanent resident in continuous residence for five years, or three years if married to a U.S. citizen.

If you are not sure whether you qualify the requirements for being the citizen, then the next step is considering an immigration attorney. Michael Wildes reviews features experienced clients who has received quality of immigration services provided by the American immigration lawyer. Wildes has been called attorney to the stars for his success in protecting the immigration rights of his clients.

Are You Eligible For The U.S. Green Card?

Are you eligible for a U.S. green card based on family, employment, or other categories? You may be allowed to apply for a green card through support of any of it. Generally, to meet the requirements for green card in the United States, you must fulfill the following criteria:

•  You should be eligible for one of the categories established in the immigration and nationality act.

•    You should qualify the immigrant petition filed.

•    Have an immigrant visa immediately available

•    Be acceptable to the United States

Some of the questions to check your eligibility for green card are:

1.    Are you engaged to marry a U.S. citizen?

In order to get married, you will not to get the eligibility for K-1 fiancé visa, which would allow you to enter the United States. Once you’re married, you can apply to get a U.S. green card.

2.    Are your parents or your siblings citizens of the United States?

You may be eligible if you are a preference relative and may be eligible when visas become available in your category. In this case your U.S. citizen relative should be willing to petition for you and promise you financial support.

3.    Do you have a job offer from a company in the United States?

If your employer is willing to sponsor you, if you have the right background and qualifications and if no U.S. worker is available to take the job, then you will be eligible for the green card.

You will need to fit into any of the numerous categories of people, defined by U.S. immigration law, for people who are eligible for green – card.  It is important to see an immigration attorney for a full analysis.

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What Are The Common Reasons For The Rejection of EB 5 Visa?

United States Citizenship and Immigration Service is in the charge of US immigration programs including the EB 5 visa. Just like any other visa, there are certain requirements for foreign investors to complete in the EB 5 investor’s category. But problems like rejection may arise with your visa.

Thus before you apply for investor’s visa, you should know the factors that may result in the rejection. Entrepreneurs, their spouses and unmarried children under the age of 21 are not eligible to apply for a green card or permanent residence if they -

•    Do not make the necessary investment in a commercial enterprise in the United States.

•    Have no plans to create or preserve 10 permanent full-time jobs for qualified U.S. workers.

EB-5 visa applicants will typically have to make either a $500,000 or $1 million capital investment amount into a U.S. commercial enterprise. The investment can be in the form of cash, inventory, equipment, tangible property and is accessed based on the U.S. dollar fair-market value. In case any of the applicants fails to do so, their applications are rejected.

The USCIS requires that EB-5 investments result in the creation of 10 full-time jobs for the U.S. workers. These jobs should be created within two year time period after the investor has received the permanent residency. In case the investor fails to prove that their investment has led to the creation of direct jobs for employees, then they may be not allowed for the EB-5 visa.

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How Can you Become a Citizen of The United States

Once you a become a citizenship of some country, you have all the rights as the country offers, such as the right to vote, to live abroad without losing the right to return among many others. Citizenship can not be obtained easily. All the immigrants to  U.S have their  own particular reasons for obtaining the citizenship.

Some people acquire citizenship immediately at birth and others confer it later in life. There are two paths you can acquire it, either by birth or naturalization.

By birth

Children born in America are automatically granted U.S citizenship, unless their parents are foreign diplomats, in which case they are not U.S citizen even if they were born there. Children born in a country other than U.S, but if their one or both parents were U.S citizens at the time of their birth, then also they are given the citizenship of U.S. An immigration lawyer can help you to figure the other rules.

Naturalization

It is a process by which a non-citizen can attain citizenship of the United States. There are some eligibility requirements for individuals before they apply for naturalization:

• You should be at least 18 year or above at the time of filling the form.

• You should have lived     in a state for at least 3 years continuously as a green card holder,     immediately preceding the date of filing the form.    

• The person should be     known for good moral character, attached to the principles of     constitution of U.S

• You should be     proficient in English. You should be able to read, write and speak in English.    
• It is necessary to pass a test on U.S history and government.    

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Different Visa Options For Foreign National Immigrants

Foreign nationals wish to go to the United States to either work or start a business can make their dream come true by applying for the right visa and fulfilling the visa requirements.

Here are a few types of visas that a foreign national immigrant can apply for according to their credentials -

B-1 visa

It is a temporary business visitor visa. Entrepreneur who wants to visit U.S. to attend a scientific, educational, professional, business convention or conference, negotiate a contract or consult with business associates can apply for this visa.

O-1 visa

Candidate possessing extraordinary ability in the field of science, arts, education, business, or athletics are eligible to apply for O-1 visa. This visa is classified in four types –

O-1A visa
O-1B visa
O-2 visa
O-3 visa

E-2 visa

It is a treaty investor visa. Candidate having substantial amount of money to invest in a new or existing business in U.S. can apply for E-2 visa.

L-1 visa


Companies operating both in the US and abroad can transfer certain foreign national employees to their U.S. company by this visa. This visa is categorized in two parts –

L1A visa - For managers and executives
L2B visa – For specialized knowledge staff

EB-1 visa

Candidate with extraordinary ability in the sciences, arts, education, business, or athletics, professors & researchers and certain multinational executives and managers are eligible to apply for this visa.

EB-2 visa

Candidates with advanced degrees or exceptional ability in the sciences, arts, or business having job offer in the U.S. can apply for the EB-2 visa.

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TN Status For The Citizens of Canada And Mexico in America

In America, TN status is issued to the citizens of Canada and Mexico. For getting this special non-immigrant status, a person’s profession must be identified in the North American Free Trade Agreement (NAFTA). By receiving this status, a person becomes eligible to work legally in each other’s countries. This agreement began in 1994 to create economic, trade and labor relationship between countries.

For applying it, a person must present an employment letter along with university degree and other documentation. The period of stay in this status is three years. This period can be extended. TN status holders, who are Canadian citizens, have to pay federal and social security, US Medicare, state taxes.

In the NAFTA agreement, some professions are identified as a legal work. Few of these professions are accountant, animal breeder, architect, astronomer, biochemist, biologist, chemist, computer systems analyst, dentist, dietitian, dairy scientist, engineer, economist, epidemiologist, forester, geologist, geophysicist, veterinarian, geochemist, graphic designer, horticulturist, hotel manager, interior designer, industrial designer, lawyer, librarian, landscape architect, social worker, land surveyor, mathematician, management consultant, zoologist, meteorologist, nutritionist, physician, physicist, teacher, pharmacist, psychologist, silviculturist, plant breeder, poultry scientist, registered nurse etc.

Dependents of TN status holder can enter in United States by getting TD status. Dependents include spouses and children under the age of 21 of TN status holder.

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Hard Work Definitely Makes Presence Felt!

Not all have the ability to achieve what they want, but only those who dream big are able to reach their goals and turn problems into successes.

However, it might take years, but hard work definitely pays and makes presence felt in the public.

Talking about the field of immigration, one attorney who has reached up to great heights of success all because of his hard work and dedication is Michael Wildes. He focuses to solve legal problems that include employment-based immigration, mergers and acquisitions, crisis communication, job portability, remedies for status violations, worldwide U.S. consular practice, and others

Before indulging in the field of immigration law, Michael Wildes tried his hands in a number of civil fields, such as NYPD. Later he also succeeded in winning the position of the Mayor for Englewood district, New Jersey for two successive years 2003 and 2006.

Lawyer Who Stands Out To Be The Perfect Legal Guardian- Michael Wildes

Undoubtedly, most of us get into different sorts of immigration problems at some or the other point. In order to get out of the messy situations, we spend a lot of time and money seeking for the perfect lawyer.

However, there are only few lawyers who can actually take you out from the mess and meet up to your expectations. Mr. Michael Wildes is one of those lawyers, who have been successful in helping out people come out from legal turmoil’s.

He has fought and won numerous immigration cases and set a benchmark for other legal experts. His clients include some of the most influential people from the showbiz and sports world.

His expertise guidance has made people trust him blindly, for different sorts of legal troubles. He has made a global mark in the industry by helping a number of clients from different countries of the world.

Role of an Immigration Lawyer in Safe And Smooth Migration

Moving to a country like United States is not an easy task because it includes lot of paper work and US immigration laws are complex to understand for people that do not have required information. In such situations, it is essential for migrants to seek help from professional immigration lawyers. Following are the main reasons why you need an expert on your side to ensure safe and smooth migration-

• Your lawyer will take complete charge of all the paperwork for your application, which means that you would not need to worry about it at all. He can get it all organized to lodge your application as quickly as possible.
• Hiring an immigration lawyer can help prevent unnecessary delays, file rejection, etc. that can occur due to incomplete or incorrect information, as you might not have the updated information about the immigration laws.
• You can also count on such professionals for best possible counsel if you were previously deported, have experienced a visa rejection, etc. Your lawyer can evaluate everything and will make appropriate changes to improve your chances of success.
• Your lawyer will represent you in any hearings before immigration authorities to present facts. He will also keep you updated about the progress of your application through different modes of communication.

Michael Wildes is one of the most dependable immigration lawyers in the United States. He is the managing partner of a renowned immigration law firm Wildes and Weinberg. This firm has developed considerably under his guidance and knowledge.

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What You Need To Know About The Ship Crew Visa?

A foreign national who is serving on sea vessel or aircraft in America is required to obtain crew visa. Type of visa depends on the regions your vessel or aircraft may transit through. For example, if you are working on a vessel that transit within the outer continental shelf, you are required to obtain B-1 type of visa.

Foreign nationals working on flights who are likely to enter United States also required to obtain B-1/B-2 type. For transit purpose, you are required to obtain appropriate status (C). You can also obtain a C-1/D visa, which is a combination of transit and crew.

What are the eligibility requirements?

For C-1/D – You must prove that you are entering country just for transit or crew purposes. Your trip should be of a certain time. It means that you are likely to return after a certain period of time. You also need to show that no US employer is paying you during your trip. It is another eligibility requirement to show that you can cover all your expenses and costs during trip in United States.

For transit – Foreign nationals are required to show that their vessel or ship will transport through country immediately. You must prove that you can cover all your expenses during trip. It is necessary for you to prove that you are permitted to enter another nation once you leave the United States.

However, you must know that you can apply for both types of visas. But you need to pay application fee only once. Foreign nationals who fall under the category of Visa Waiver Program are exempt from transit visa requirements. Individual whose country is in an agreement with America regarding immigration process (entry allowed without visa) are also exempt.

Before applying, you must gather proper knowledge or take help from lawyers like Michael Wildes. He is well-known immigration attorney who has helped numerous clients in immigration to the United States.

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Temporary Work Visa For Nonimmigrant Trainees? What You Must Know?

H-3 is a category of nonimmigrant visas in United States that is issued only to nonimmigrant trainees. It allows trainees to temporarily come to America and get training. It includes training in various fields such as agriculture, finance, communications, government and more. This visa is given only in those conditions where training helps trainees in pursuing a career out of USA.

However, employers need to show that –

• That certain training is not available in applicant’s native nation.
• It will be beneficial for trainee’s career outside of America.
• Trainee will not be included in the regular operation of the business.
• Trainee will not be employed in a position for which American nationals are employed.

Applicants are required to file complete details of their job related training. It includes details regarding number of hours, structure of program, career for which training is necessary and more. Many foreign nationals apply themselves while many others take the help of the professional immigration lawyers such as Michael Wildes.

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All You Need To Know About L-1 Visa

An L-1 visa is a non-immigrant visa that is required to enter the United States to work there for L-1 status. L-1 visa is also known as intracompany transferee visa.

The visa is apparently applicable for short span that is from three months (for nationals of Iran) up to five years (for nationals of India, Japan, and Germany). However, one can get extension of up to seven years. However, the visa is not restricted to the countries that United States has treated. If the criteria are met for applying by the applicant for L 1 visa, then any alien is eligible to apply for the visa.

The ones who are applying for L 1 visa, their spouse and children under age of 21 can apply for L 2 visa.

L-1 visa is further divided into subcategories like-

L-1A is for managers, executives, with validity for seven years and L-1B visa is for the workers who hold specialized knowledge with validity up to five years.

After the visa validation is over that is after seven or five years, the national can only be eligible for applying for L-1 status again.

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What Are The Eligibility Requirements For America’s Fiancé(E) Visas?

American immigration law allows US citizens to bring foreign national fiancé(e) to country, so that they can get married in America. For this purpose, you need to get proper visa for you fiancé(e). This process is for those whose loved one is currently living in other country. Individuals, whose fiancé(e) is already living in the United States, must go for the status change process (green card).

However, there are some eligibility requirements that applicant must complete if applying for US visa. These requirements include –

• If you are applying for a visa for your foreign national fiancé(e), then you should be a citizen of America.
• Both you and your fiancé(e) should be eligible for marriage. This requirement defines that both parties should be clear of any previous marriage (by death, divorce etc.).
• It is also necessary for you to marry the visa holder within 90 days of arrival in country.

There is a different immigration process for the children of visa holder. To get legal consultation, you must hire a professional immigration lawyer such as Michael Wildes.

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What Are The Different Categories of P-Visa in America?

There are different categories of P-visa in America. This visa is mainly issued to those foreign individuals who want to enter America to perform or compete at an athletic or entertainment event. The United States Citizenship and Immigration Services (USCIS) are responsible for handling these visas.

The different categories include-

P-1 visa- This visa is for an internationally recognized athlete and for the team of athletes or members of an entertainment group.

P-2 visa- This visa is issued to all the artists or entertainers, who usually perform under a reciprocal program between the organizations of different countries.

P-3 visa- This visa is issued to the artists who want to enter America to perform at a cultural, traditional, musical, or folk program.

P-4 Visa- This visa is for the spouses and children (specific age limit), or P1, P2and P3 visa holders.

Moreover, the athletes can even stay in America until the competition is completed but the maximum time for stay is five years, which can also be extended.
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What Are The Various Types of G-Visa?

In order to avail G-visa, your main purpose of visiting United States must be relevant and linked to official duties. An individual who is either a diplomat, government official, or an employee who will be working for international organizations in the United States are liable to get G visas.

G-visa is further categorized into different categories including G-1, G-2, G-3, and G-4 visa.

G-1 visa- An individual who is permanent mission member of a renowned government of an international association is eligible to get G-1 visa.

G-2 visa- The one who is representative of a recognized government, traveling to U.S on temporary basis to make presence in the meetings, will be eligible to obtain G-2 visa.

G-3 visa- an individual who is member of non-recognized or non-member governments will be liable to get G-3 visa.

G-4 visas- individuals who are visiting United States to schedule an appointment at a designated international organization, including the United Nations will be eligible to get G-4 visa. However, processing of G-4 visa will not be completed until appropriate international organization will not send the official request to either embassy or to the applicant.

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