E-2 Treaty Investors by Immigration Attorney in Fresno

The E-2 nonimmigrant classification allows a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation) to be admitted to the United States when investing a substantial amount of capital in a U.S. business. Certain employees of such a person or of a qualifying organization may also be eligible for this classification.

See U.S. Department of State’s Treaty Countries for a current list of countries with which the United States maintains a treaty of commerce and navigation.

Who May File for Change of Status to E-2 Classification
If the treaty investor is currently in the United States in a lawful nonimmigrant status, he or she may file Form I- to request a change of status to E-2 classification. If the desired employee is currently in the United States in a lawful nonimmigrant status, the qualifying
employer may file Form I- on the employee’s behalf.

How to Obtain E-2 Classification if Outside the United States
A request for E-2 classification may not be made on Form I- if the person being filed for is physically outside the United States. Interested parties should refer to the U.S.

Department of State website for further information about applying for an E-2 nonimmigrant visa abroad. Upon issuance of a visa, the person may then apply to a DHS immigration officer at a U.S. port of entry for admission as an E-2 nonimmigrant.

General Qualifications of a Treaty Investor
To qualify for E-2 classification, the treaty investor must:

Be a national of a country with which the United States maintains a treaty of commerce and navigation Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States
Be seeking to enter the United States solely to develop and direct the investment enterprise. This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device.
An investment is the treaty investor’s placing of capital, including funds and/or other assets, at risk in the commercial sense with the objective of generating a profit. The capital must be subject to partial or total loss if the investment fails. The treaty investor
must show that the funds have not been obtained, directly or indirectly, from criminal activity. For More Information, Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
http://PhillipKimLaw.com/

A substantial amount of capital is:

Substantial in relationship to the total cost of either purchasing an established enterprise or establishing a new one
Sufficient to ensure the treaty investor’s financial commitment to the successful operation of the enterprise
Of a magnitude to support the likelihood that the treaty investor will successfully develop and direct the enterprise. The lower the cost of the enterprise, the higher, proportionately, the investment must be to be considered substantial.
A bona fide enterprise refers to a real, active and operating commercial or entrepreneurial undertaking which produces services or goods for profit. It must meet applicable legal requirements for doing business within its jurisdiction.

Marginal Enterprises
The investment enterprise may not be marginal. A marginal enterprise is one that does not have the present or future capacity to generate more than enough income to provide a minimal living for the treaty investor and his or her family. Depending on the facts, a new enterprise might not be considered marginal even if it lacks the current capacity to generate such income. In such cases, however, the enterprise should have the capacity to generate such income within five years from the date that the treaty investor’s E-2 classification begins.

General Qualifications of the Employee of a Treaty Investor
To qualify for E-2 classification, the employee of a treaty investor must:

Be the same nationality of the principal alien employer (who must have the nationality of the treaty country)
Meet the definition of “employee” under relevant law
Either be engaging in duties of an executive or supervisory character, or if employed in a lesser capacity, have special qualifications.
If the principal alien employer is not an individual, it must be an enterprise or organization at least 50% owned by persons in the United States who have the nationality of the treaty country. These owners must be maintaining nonimmigrant treaty investor status. If the owners are not in the United States, they must be, if they were to seek admission to this country, classifiable as nonimmigrant treaty investors.

Duties which are of an executive or supervisory character are those which primarily provide the employee ultimate control and responsibility for the organization’s overall operation, or a major component of it.

Special qualifications are skills which make the employee’s services essential to the efficient operation of the business. There are several qualities or circumstances which could, depending on the facts, meet this requirement. These include, but are not limited to:

The degree of proven expertise in the employee’s area of operations
Whether others possess the employee’s specific skills
The salary that the special qualifications can command
Whether the skills and qualifications are readily available in the United States.
Knowledge of a foreign language and culture does not, by itself, meet this requirement.

Note that in some cases a skill that is essential at one point in time may become commonplace, and therefore no longer qualifying, at a later date. For More Information, Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
http://PhillipKimLaw.com/

Period of Stay
Qualified treaty investors and employees will be allowed a maximum initial stay of two years. Requests for extension of stay may be granted in increments of up to two years each. There is no maximum limit to the number of extensions an E-2 nonimmigrant may be granted. All E-2 nonimmigrants, however, must maintain an intention to depart the United States when their status expires or is terminated.

An E-2 nonimmigrant who travels abroad may generally be granted an automatic two-year period of readmission when returning to the United States. It is generally not necessary to file a new Form I-129 with USCIS in this situation.

Terms and Conditions of E-2 Status
A treaty investor or employee may only work in the activity for which he or she was approved at the time the classification was granted. An E-2 employee, however, may also work for the treaty organization’s parent company or one of its subsidiaries as long as the:Relationship between the organizations is established
Subsidiary employment requires executive, supervisory, or essential skills
Terms and conditions of employment have not otherwise changed.

USCIS must approve any substantive change in the terms or conditions of E-2 status. A “substantive change” is defined as a fundamental change in the employer’s basic characteristics, such as, but not limited to, a merger, acquisition, or major event which affects the treaty investor or employee’s previously approved relationship with the organization. The treaty investor or enterprise must notify USCIS by filing a new Form I-129 with fee, and may simultaneously request an extension of stay for the treaty investor or affected employee. The Form I-129 must include evidence to show that the treaty investor or affected employee continues to qualify for E-2 classification.

It is not required to file a new Form I-129 to notify USCIS about non-substantive changes. A treaty investor or organization may seek advice from USCIS, however, to determine whether a change is considered substantive. To request advice, the treaty investor or organization must file Form I-129 with fee and a complete description of the change.

For More Information, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
http://PhillipKimLaw.com/

Family of E-2 Treaty Investors and Employees
Treaty investors and employees may be accompanied or followed by spouses and unmarried children who are under 21 years of age. Their nationalities need not be the same as the treaty investor or employee. These family members may seek E-2 nonimmigrant classification as dependents and, if approved, generally will be granted the same period of stay as the employee. If the family members are already in the United States and are seeking change of status to or extension of stay in an E-2 dependent classification, they may apply by filing a single Form I-539 with fee. Spouses of E-2 workers may apply for work authorization by filing Form I-765 with fee. If approved, there is no specific restriction as to where the E-2 spouse may work.

As discussed above, the E-2 treaty investor or employee may travel abroad and will generally be granted an automatic two-year period of readmission when returning to the United States. Unless the family members are accompanying the E-2 treaty investor or employee at the time the latter seeks readmission to the United States, the new readmission period will not apply to the family members. To remain lawfully in the United States, family members must carefully note the period of stay they have been granted in E-2 status, and apply for an extension of stay before their own validity expires. For More

Information, Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
http://PhillipKimLaw.com/

Naturalization Process for the Military by Immigration Attorney in Fresno

Qualifications

● While a member of the U.S. armed forces must meet the general requirements and qualifications to become a citizen of the United States, such as good moral character, some of the other requirements are either reduced or completely waived. Specifically, qualifying service members and certain veterans are not required to demonstrate residence or physical presence in the United States, and are not required to pay an application fee or a biometrics fee to apply for naturalization. In addition, service members who serve during specifically designated periods of hostilities may not need to be lawful permanent residents.
● The National Defense Authorization Act for Fiscal Year 2004 extended all aspects of the naturalization process, including naturalization applications, interviews, oaths and ceremonies to members of the U.S. armed forces serving abroad. Before Oct. 1, 2004, service members could only naturalize while physically within the United States.
● The National Defense Authorization Act for Fiscal Year 2008 added Sections which allows certain eligible spouses and children of members of the U.S. armed forces to naturalize abroad without traveling to the United States for any part of the naturalization process.

Service in Wartime

● Members of the military, who serve during specifically designated periods of hostilities, may qualify for naturalization under this provision if they have served honorably in an active duty status for any period of time, and if that service was during a specifically designated period of hostility.
● Unlike all other provisions for naturalization, a qualifying service member is not required to be a lawful permanent resident to naturalize under this provision if the service member enlisted, or was inducted within the United States or other qualifying geographical area.
● The Expedited Naturalization Executive Order of 2002 provides for expedited naturalization under this provision to qualified aliens and non-citizen nationals serving honorably in an active-duty status in the U.S. armed forces beginning on Sept. 11, 2001 to the present. This section also covers veterans of designated past wars and conflicts.

Service in Peacetime

An individual may qualify for naturalization under this provision if he or she:

● Served honorably in the military for at least one year
● Obtained lawful permanent resident status
● Filed an application while still in the service or within six months of separation.

Application Packet (from a member of the military)
● Application for Naturalization
● Request for Certification of Military or Naval Service
● If applicable, a copy of the USCIS Form I 551, Permanent Resident Card; and
● Two passport-style photographs.
● NOTE – There is no fee for members of the military applying for naturalization under INA Sections 328 or 329.

Statistics

● Since September 2001, USCIS has naturalized more than 58,300 members of the military, in ceremonies across the United States and in the following 19 countries: Afghanistan, Djibouti, China, Cuba, El Salvador, Germany, Greece, Honduras, Iceland, Iraq, Italy, Japan, Kenya, Kosovo, Kuwait, Philippines, South Korea, Spain, and the United Kingdom.
● Since August 2002, USCIS has granted posthumous citizenship to 130 members of the military.
● Since 2008, USCIS has naturalized 592 military spouses during ceremonies in Bulgaria, China, Germany, Italy, Japan, Kuwait, Panama, South Korea, Spain, Turkey, and the United Kingdom.
● Since 2009, USCIS has presented 19 military children with citizenship certificates during ceremonies in Germany, Japan, South Korea and the United Kingdom.

For More Information. Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
http://PhillipKimLaw.com/

Change My Nonimmigrant Status by Immigration Attorney in Fresno

If you want to change the purpose of your visit while in the United States, you (or in some cases your employer) must file a request on the appropriate form before your authorized stay expires. For instance, if you arrived here as a tourist but want to become a student, you must submit an application to change your status. We recommend that you apply as soon as you determine that you need to change to a different nonimmigrant category.

Until you receive approval , do not assume the status has been approved, and do not change your activity in the United States. For example, if you are currently a nonimmigrant tourist, do not begin attending school as a student until you have received authorization to change your status. If you fail to maintain your nonimmigrant status, you may be barred from returning to and/or removed (deported) from the United States. Your authorized status and the date your status expires , Arrival-Departure Record.

In general, you may apply to change your nonimmigrant status if you were lawfully admitted to the United States with a nonimmigrant visa, your nonimmigrant status remains valid, you have not violated the conditions of your status, and you have not committed any crimes that would make you ineligible.

You do not need to apply to change your nonimmigrant status if you were admitted into the United States for business reasons (B-1 visa category ) and you wish to remain in the United States for pleasure before your authorized stay expires.

You do not need to apply to change your nonimmigrant status if you wish to attend school in the United States, and you are the spouse or child of someone who is currently in the United States in any of the following nonimmigrant visa categories:

Diplomatic and other government officials, and employees (A visa category)
International trade and investors (E visa )
Representatives to international organizations and their employees (G visa )
Temporary workers (H visa)
Representatives of foreign media (I visa)
Exchange visitors (J visa)
Intracompany transferees (L visa)
Academic (F visa) or vocational (M visa) students (you may attend elementary, middle or high school only: if you want to attend post-secondary school full-time you must apply for a change of status).
You may not apply to change your nonimmigrant status if you were admitted to the United States in the following categories:

Visa Waiver Program· Crew member (D nonimmigrant visa)
In transit through the United States (C nonimmigrant visa)
In transit through the United States without a visa (TWOV)
Fiancé of a U.S. citizen or dependent of a fiancé (K nonimmigrant visa)
Informant (and accompanying family) on terrorism or organized crime (S nonimmigrant visa)
If you are a vocational student (M-1), you may not apply to change your status to a(n):

Academic student (F-1)
Any H status (Temporary worker), if the training you received as a vocational student in the United States provided the qualifications for the temporary worker position you seek.
If you are an international exchange visitor (J-1), you may not change your nonimmigrant status if:

You were admitted to the United States to receive graduate medical training, unless you receive a special waiver.
You are an exchange visitor and are required to meet the foreign residence requirement, unless you receive a waiver.
If you do not receive a waiver, you may only apply to change to a diplomatic and other government officials (A visa) or representatives to international organizations (G visa)
For information on how to apply, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
http://PhillipKimLaw.com/

Employment-Based Immigration: Third Preference EB-3 by Immigration Attorney in Fresno

Employment-Based Immigration: Third Preference EB-3
You may be eligible for this immigrant visa preference category if you are a skilled worker, professional, or other worker.

● “Skilled workers” are persons whose job requires a minimum of 2 years training or work experience, not of a temporary or seasonal nature
● “Professionals” are persons whose job requires at least a U.S. baccalaureate degree or a foreign equivalent and are a member of the professions
● The “other workers” subcategory is for persons performing unskilled labor requiring less than 2 years training or experience, not of a temporary or seasonal nature.

■ Eligibility Criteria
◆ Sub-categories : Skilled Workers
Evidence : ⊙ You must be able to demonstrate at least 2 years of job experience or training ⊙ You must be performing work for which qualified workers are not available in the United States
Certification : Labor certification and a permanent, full-time job offer required.

◆ Sub-categories : Professionals
Evidence : ⊙ You must be able to demonstrate that you possess a U.S. baccalaureate degree or foreign degree equivalent, and that a baccalaureate degree is the normal requirement for entry into the occupation
⊙ You must be performing work for which qualified workers are not available in the United States
⊙ Education and experience may not be substituted for a baccalaureate degree
Certification : Labor certification and a permanent, full-time job offer required.

◆ Sub-categories : Unskilled Workers (Other Workers)
Evidence : You must be capable, at the time the petition is filed on your behalf, of performing unskilled labor (requiring less than 2 years training or experience), that is not of a temporary or seasonal nature, for which qualified workers are not available in the United States.
Certification : Labor certification and a permanent, full-time job offer required.

Note: While eligibility requirements for the third preference classification are less stringent, you should be aware that a long backlog exists for visas in the “other workers” category.
For More Information, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
http://PhillipKimLaw.com/

Application Process

Your employer (petitioner) must file , Petition for Alien Worker. As part of the application process, your employer must be able to demonstrate an ability to pay the offered wage as of your visa priority date. Your employer may use an annual report, federal income tax return, or audited financial statement to demonstrate an ability to pay your wage.

For more information on filing fees, Please Call:(559) 761-9742

.

Family of EB-3 Visa Holders

Your spouse may be admitted to the United States in the file (spouse of a “skilled worker” or “professional”) or the file (spouse of an “other worker”). During the process where you and your spouse are applying for permanent resident status (status as a green card holder), your spouse is eligible to file for an Employment Authorization Document . Your minor children (under the age of 18) may be admitted as the file (child of a “skilled worker” or “professional”) or the file (child of an “other worker”).
For More Information, Please Call :
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
http://PhillipKimLaw.com/

Employment-Based Immigration by Attorney in Fresno: First Preference EB-1

Employment-Based Immigration: First Preference EB-1
You may be eligible for an employment-based, first-preference visa if you have an

extraordinary ability, are an outstanding professor or researcher, or are a multinational

executive or manager. Each occupational category has certain requirements that must be

met:

Eligibility Criteria
◆ Extraordinary Ability
You must be able to demonstrate extraordinary ability in the sciences, arts, education,

business, or athletics through sustained national or international acclaim. Your

achievements must be recognized in your field through extensive documentation. No offer

of employment is required.

◆ Outstanding professors and researchers
You must demonstrate international recognition for your outstanding achievements in a

particular academic field. You must have at least 3 years experience in teaching or

research in that academic area. You must be entering the United States in order to

pursue tenure or tenure track teaching or comparable research position at a university or

other institution of higher education.

◆ Multinational manager or executive
You must have been employed outside the United States in the 3 years preceding the

petition for at least 1 year by a firm or corporation and you must be seeking to enter the

United States to continue service to that firm or organization. Your employment must

have been outside the United States in a managerial or executive capacity and with the

same employer, an affiliate, or a subsidiary of the employer.

For More Information, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
http://PhillipKimLaw.com/

* Criteria for Demonstrating Extraordinary Ability
You must meet 3 out of the 10 listed criteria below to prove extraordinary ability in your

field:

● Evidence of receipt of lesser nationally or internationally recognized prizes or awards

for excellence
● Evidence of your membership in associations in the field which demand outstanding

achievement of their members
● Evidence of published material about you in professional or major trade publications or

other major media
● Evidence that you have been asked to judge the work of others, either individually or

on a panel
● Evidence of your original scientific, scholarly, artistic, athletic, or business-related

contributions of major significance to the field
● Evidence of your authorship of scholarly articles in professional or major trade

publications or other major media
● Evidence that your work has been displayed at artistic exhibitions or showcases
● Evidence of your performance of a leading or critical role in distinguished organizations
● Evidence that you command a high salary or other significantly high remuneration in

relation to others in the field
● Evidence of your commercial successes in the performing arts

** Examples of Documentary Evidence That A Person is an Outstanding Professor Or

Researcher

● Evidence of receipt of major prizes or awards for outstanding achievement
● Evidence of membership in associations that require their members to demonstrate

outstanding achievement
● Evidence of published material in professional publications written by others about the

alien’s work in the academic field
● Evidence of participation, either on a panel or individually, as a judge of the work of

others in the same or allied academic field
● Evidence of original scientific or scholarly research contributions in the field
● Evidence of authorship of scholarly books or articles (in scholarly journals with

international circulation) in the field

For More Information, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
http://PhillipKimLaw.com/

Permanent Workers by Immigration Attorney in Fresno

Approximately 140,000 immigrant visas are available each fiscal year for aliens (and their spouses and children) who seek to immigrate based on their job skills. If you have the right combination of skills, education, and/or work experience and are otherwise eligible, you may be able to live permanently in the United States.
The five employment-based immigrant visa preferences (categories) are listed below.

Labor Certification

Some immigrant visa preferences require you to already have a job offer from a U.S. employer. This employer will be considered your sponsor. For some visa categories, before the U.S. employer can submit an immigration petition to USCIS, the employer must obtain an approved labor certification from the U.S.

Department of Labor (DOL). The DOL labor certification verifies the following:

● There are insufficient available, qualified, and willing U.S. workers to fill the position being offered at the prevailing wage
● Hiring a foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers
For more information, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
http://PhillipKimLaw.com/

Permanent Worker Visa Preference Categories

● First Preference EB-1
This preference is reserved for persons of extraordinary ability in the sciences, arts, education, business, or athletics; outstanding professors or researchers; and multinational executives and managers. /Labor Certification Required? No

● Second Preference EB-2
This preference is reserved for persons who are members of the professions holding advanced degrees or for persons with exceptional ability in the arts, sciences, or business.
/Labor Certification Required?
Yes, unless applicant can obtain a national interest waiver (See the “Labor Certification” link to the right for more waiver information.)

● Third Preference EB-3
This preference is reserved for professionals, skilled workers, and other workers. (See Third Preference EB-3 link on left for further definition of these job classifications.)/Labor Certification Required?
Yes

● Fourth Preference EB-4
This preference is reserved for “special immigrants,” which includes certain religious workers, employees of U.S. foreign service posts, retired employees of international organizations, alien minors who are wards of courts in the United States, and other classes of aliens. /Labor Certification Required? No

● Fifth Preference EB-5
This preference is reserved for business investors who invest $1 million or $500,000 (if the investment is made in a targeted employment area) in a new commercial enterprise that employs at least 10 full-time U.S. workers. /Labor Certification Required? No

For More Information, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
http://PhillipKimLaw.com/

Green Card Through Family by Immigration Attorney in Fresno

Many people become permanent residents (get a green card) through family members. The United States promotes family unity and allows U.S. citizens and permanent residents to

petition for certain relatives to come and live permanently in the United States. You may be eligible to get a green card through a family member who is a U.S. citizen or permanent

resident, or through the special categories described below. For more information on the

categories below, Please Contact : Fresno Immigration Attorney Phillip Kim

There are two distinct paths through which you can get your green card. Many family members who are already in the United States may qualify for adjustment of status to

permanent residence in the United States, which means they are able to complete their immigrant processing without having to return to their home country. Those relatives outside the United States or those who are not eligible to adjust status in the United States

may be eligible for consular processing through a U.S. embassy or consulate abroad that has jurisdiction over their foreign place of residence. For more information on these processes, Please Contact :Phillip Kim

If Your Family Member is a U.S. Citizen

You may be able to get a green card as an immediate relative or as a family member in a preference category if your U.S. citizen relative files a Form I-130, Petition for Alien Relative, for you. For more information on immigrant petitions, Please Contact :
(559) 761-9742

◆ Immediate Relative of a U.S. Citizen
You are an immediate relative of a U.S. citizen if you are:

◆ The child (unmarried and under 21 years old) of a U.S. citizen
◆ The spouse (husband or wife) of a U.S. citizen
◆ The parent of a U.S. citizen (if the U.S. citizen is 21 years or older)
◆ Family Member of a U.S. Citizen in a Preference Category
You are a family member of a U.S. citizen in a preference category if you are:

◆ An unmarried son or daughter (21 years or older) of a U.S. citizen
◆ A married son or daughter (any age) of a U.S. citizen
◆ A sibling (brother or sister) of a U.S. citizen
If Your Family Member is a Permanent Resident

You may be able to get a green card as a family member in a preference category if your

family member filed a Form I-130 on your behalf. For more information on immigrant

petitions, Please Contact :Fresno Immigration Attorney Phillip Kim

◆ Family member of a permanent resident in a preference category
You are a family member of a permanent resident in a preference category if you are:

◆ The spouse of a permanent resident
◆ The child (unmarried and under 21 years old) of permanent resident
◆ The unmarried son or daughter (21 years or older) of a permanent resident Green Card Through Special Categories of Family

You may also be eligible to get a green card if you:

◆ Are a battered child or spouse of a U.S. citizen
◆ Entered the United States with a K visa as the fiance(e) or spouse of a U.S. citizen or an accompanying child
◆ Obtained V nonimmigrant status
◆ Are a widow(er) of a U.S. citizen
◆ Are born to a foreign diplomat in the United States
For more information on “Adjustment of Status” and “Consular Processing” , Please

Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
http://PhillipKimLaw.com/

Extend Your Stay by Immigration Attorney in Fresno

If you want to extend your stay in the United States, you must file a request with U.S.

Citizenship and Immigration Services . Application to Extend/Change Nonimmigrant

Status before your authorized stay expires. If you remain in the United States longer

than authorized, you may be barred from returning and/or you may be removed

(deported) from the United States. Check the date. Arrival-Departure Record, to

determine the date your authorized stay expires. We recommend that you apply to

extend your stay at least 45 days before your authorized stay expires.

You may apply to extend your stay if:

◆ You were lawfully admitted into the United States with a nonimmigrant visa
◆ Your nonimmigrant visa status remains valid
◆ You have not committed any crimes that make you ineligible for a visa
◆ You have not violated the conditions of your admission
◆ Your passport is valid and will remain valid for the duration of your stay

You may not apply to extend your stay if you were admitted to the United States in the

following categories:

◆ Visa Waiver Program
◆ Crew member (D nonimmigrant visa)
◆ In transit through the United States (C nonimmigrant visa)
◆ In transit through the United States without a visa (TWOV)
◆ Fiancé of a U.S. citizen or dependent of a fiancé (K nonimmigrant visa)
◆ Informant (and accompanying family) on terrorism or organized crime (S nonimmigrant

visa)

For information on how to apply, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
http://PhillipKimLaw.com/

USCIS’ Role in the Visa Process by Immigration Attorney in Fresno

Citizenship and Immigration Services (USCIS) in the visa process, particularly USCIS

and Department of State (DOS) efforts to maximize visa issuance in accordance with

the law.

In recent years, over 1 million people became Lawful Permanent Residents of the

United States (LPRs). Under the law there are a variety of different categories and

means through which a person may become eligible for permanent residence. A

substantial number of these categories have numerical limitations – annual caps on

how many people can immigrate. There are other aspects to these caps as well,

such as limitations per country.

The Department of State administers the provisions of the Immigration and

Nationality Act (INA) that relate to the numerical limits on immigrant visa issuance.

However, DOS and USCIS must work closely in this respect because visas issued by

DOS and adjustment of status granted by USCIS draw down from the same pool of

limited numbers. Close and careful coordination ensures that annual limitations are

not exceeded, and also helps us jointly strive to use all available visa numbers when

there is sufficient demand.

In concert with DOS, USCIS has made significant changes in recent years to

maximize the use of the limited number of visas available annually. These changes

include increased staffing, enhanced analytical capacity, more detailed and strategic

management of monthly production, and close partnership with DOS to share greater

information. This enhanced information exchange assists DOS in better managing visa

allocations through the monthly visa bulletin and improves USCIS’ ability to target

production for maximum result.For More Information, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
http://PhillipKimLaw.com/

E-1 E-2 Visas; Treaty Trader Visa; Treaty Investor Visa

The E1 and E2 nonimmigrant visa categories are comprised of treaty traders and treaty investors entitled to be in the United States under a bilateral treaty of commerce and navigation between the United States and the country of which the treaty trader or investor is a citizen or national.

*� The purpose of a treaty trader is to carry on substantial trade in goods, services and technology, principally between the United States and the foreign country of which s/he is a citizen or national.

� The purpose of a treaty investor is to direct the operations of an enterprise in which s/he has invested, or is actively investing, a substantial amount of capital in the United States.
Spouses and unmarried children under the age of 21 of an E1 or E2 nonimmigrant may be granted the same status to accompany the E1 or E2.

The EB5 immigrant employment-based visa category is for individuals who wish to reside permanently in the United States with the intent of creating or developing a business enterprise in the U.S. The EB5 visa category allows for conditional residency for persons who invest $1 million (or under certain circumstances $500,000) in a new commercial enterprise that employs 10 U.S. citizens or authorized immigrant workers full-time and engage in the business through day-to-day management or policy formation.

For more information, contact us.

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  • Permanent Workers by Immigration Attorney in Fresno
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  "We had our greencard application approved in just a little over 2 months...Thanks Phillip!" - by Andrea & Melissa Barone; Hanford, CA

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  "Attorney Kim went out of his way to help me get my green card by doing extra work to ensure I receive it. His legal fees were also very reasonable. Please call me at (209) 777-6968. We will tell you more about our experience with Attorney Kim." - by Mr. & Mrs. Sharma; Merced, CA

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  "My green card application was denied. Attorney Kim appealed for me and attended the interview with me. It was approved at the interview. Please call me if you want to ask me about Attorney Kim's work. (209) 534-7112." - by Molly Harrington; Los Angeles, CA

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  "We got our Green Card approved in less than three months. Everything went very well smoothly. Thank You. We highly recommend Attorney Kim. Please call us at (559) 475-0155. We will tell you more about Attorney Kim's work." - by Raul TABADA and Family; Fresno, CA

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  "I finally received my green card. Mr. Kim helped me through the entire process. He also worked with my financial situation. I am glad that I chose him and that's why I highly recommend him. Please feel free to call me to ask about Mr. Kim's practice at (559) 412-0941." by Lilian & Eric Williams; Fresno, CA

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  "I hired two other lawyers before Mr. Kim. They could not do it. It was denied. Finally, my third attorney, Mr. Kim helped me to get my green card even after my husband died. Please call me at (559) 776-6323 (ask for Reagan). We will tell you more about Mr. Kim's work." - by Sochinda Nguon & Reagan; Fresno, CA

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  "I received my Green Card in a little over three months." Attorney Phillip Kim prepared us for our interview as well. The interview took less than 10 minutes! Everything went very smoothly. Thank you so much for everything. Please feel free to call us if you'd like to know more about Attorney Phillip Kim's practice. Our phone # is (559) 269-8740." - by Hitomi and Elizondo Mendoza from Fresno, CA

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  "Feel free to call me if you want to know more about Attorney Kim's work. (559) 909-4060. We had a great experience with Law Office of Phillip Kim. It took about two and a half months to get our Green Card application approved. Thank you, Attorney Kim." - by Juana Gonzalez & Jose Gonzales; Fresno, CA

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  "My wife received her Green Card after hiring Phillip as her attorney. I appreciate all the work you have done for us. Thank you, again. Here is my phone # and please call me if you want to know more about our experience with Phillip's law firm: (559) 473-4154." Jon Hoeflinger from Fresno, CA

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  "Attorney Kim is an excellent attorney. I wanted to become a US citizen. So, I called Attorney Kim. He explained the whole process and helped me file my papers with low legal fees. I became a US citizen within four months. Attorney Kim is now helping me bring my fiancee and my mother from China. You can call me at (559) 321-3402 to ask about Attorney Kim." - by Andy Wu; Selma, CA

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  "Attorney Phillip Kim filed my H1-B application. He was friendly and pleasant to deal with, and I got the sense that he cared about my case, not considering it just another pile of paperwork. Attorney Kim worked with my employer and myself to file the application and I got my H1-B approved--for a very reasonable price as well!" - by S. Kim, Therapist; Fresno, CA

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  "My greencard was revoked and I was about to be deported. Phillip Kim filed papers for me and my greencard was reinstated and I am back with my family. I am applying for citizenship now. Phillip Kim did all the work for low fees." - by Juan Solis; Stockton, CA

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  "Phillip Kim filed my Green Card application on 08/11/09 and it was approved on 11/19/09. Phillip Kim is a very professional, honest and Sincere attorney. He is not only a wonderful attorney, he is willing to help every client to get his legal status from the bottom of his heart. If you hire him as your attorney, he will help you to get what you like to get for your legal status successfully. And what his saying is always true." - by Shih-Ching Lee & Jennifer Yan; Clovis, CA

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  "Atty. Kim is very nice, flexible and very accommodating with our concerns. He makes himself available almost anytime you have inquiries and works closely with you. I said he is nice because he really is friendly and approachable. Flexible because he spends time and he is willing to work with you despite of your financial situation. Very accommodating because he makes himself available when needs arises even during the weekend. If you need to inquire about his services to us you may email me. Again, my sincerest thanks to Law Offices of Phillip Kim, Inc." - Nadia Martinez & Richmond Martinez; Clovis, CA

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