考西 & 叶氏联合律师事务所
II. Employment Based Immigration Services
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.
• 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.
1. 非凡能力: 您必须能够证明您在科学、艺术、教育、商业方面的能力或是有国家或国际认可的运动能力。您的成就必须能在您的领域中通过获得大量文件来证明。不需要被雇佣。
• Outstanding Professor or Researcher: 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.
2. 杰出的教授或研究员: 您必须证明您在某一学术领域有国际认可的杰出成就。在这一学术领域您必须有至少3年的教学或研究经验。您进入美国必须是为了在大学或其他高等教育机构中任职或被授予终身职位，或是与科研类似的职位。
• Multinational Executive or Manager: 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.
3. 跨国公司总裁或经理: 您必须在申请之前的3年内被美国境外的公司或企业被聘请至少1年以上，并且您进入美国是为了继续服务于同一个公司或组织。您的工作必须在美国境外是管理或行政且被同一位雇主、附属公司或子公司所聘用。
Second Preference EB-2: You may be eligible for an employment-based, second preference visa if you are a member of the professions holding an advanced degree or its equivalent, or a foreign national who has exceptional ability.
第二优先 EB-2: 如果您拥有高等学历，或同等学历，或是拥有卓越能力的外国人，您可能有资格申请第二优先的就业移民。
• Advanced Degree: The job you apply for must require an advanced degree and you must possess such a degree or its equivalent (a baccalaureate degree plus 5 years progressive work experience in the field).
1. 高等学历: 您申请的职位必须要求高等学历并且您必须具备这样的学历或是同等学历（一个学士学位加5年在该领域的工作经验）
• Exceptional Ability: You must be able to show exceptional ability in the sciences, arts, or business. Exceptional ability “means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.”
2. 卓越能力: 您必须能够证明在科学、艺术或是商业方面的卓越能力。卓越能力“是指在科学、艺术或是商业方面有一定程度并高于平均水平的专业技能或知识。”
• National Interest Waiver: Aliens seeking a national interest waiver are requesting that the Labor Certification be waived because it is in the interest of the United States. Though the jobs that qualify for a national interest waiver are not defined by statute, national interest waivers are usually granted to those who have exceptional ability (see above) and whose employment in the United States would greatly benefit the nation. Those seeking a national interest waiver may self-petition (they do not need an employer to sponsor them) and may file their labor certification directly with USCIS along with their Form I-140, Petition for Alien Worker.
3. 国家利益豁免: 寻求国家利益豁免的外国人是需要劳工证明被豁免，因为这是为了美国的利益。虽然工作符合国家利益豁免没有被法律规章规定，但国家利益豁免常常授予那些有卓越能力（见上文）和那些在美国就业会为国家带来巨大利益的人。那些想要获得国家利益豁免的个人可以直接申请（他们不需要有雇主去担保他们），申请者必须自己在USCIS部门直接独立填写劳工证明，I-140表以及移民雇员申请表。
Third Preference EB-3: You may be eligible for this immigrant visa preference category if you are a skilled worker, professional, or other worker.
第三优先 EB-3: 如果您是一名技术工人、专业人才或是其他的工作人员，您可能有资格申请此类移民签证。
• Skilled Worker: “Skilled Workers” are persons whose job requires a minimum of 2 years training or work experience, not of a temporary or seasonal nature. 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.
1. 技术工人: “技术工人“是指那些至少有2年培训或工作经验的，而不是临时或季节性工作的工人。您必须能够证明有至少2年的工作或培训经验。并且您做的工作是必须是美国境内无人能完成的。
• Professionals: “Professionals” are persons whose job requires at least a U.S. baccalaureate degree or a foreign equivalent and are a member of the professions. 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.
2. 专业人才: “专业人才” 是指他们的工作要求至少有一个美国学士学位或是同等的外国学历并且是专业行业中的一员。您必须证明您拥有一个美国学士学位或外国同等的学历，并且这个学历是进入此行业的要求。您从事的工作质量水平必须是美国境内员工无法完成的。教育水平和工作经验不能作为取代学士学位。
• Unskilled Workers (Other Workers): 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. 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.
3. 非技术工人（其他工作人员）: “其他工作人员”指的是进行少于2年的非技术性劳动工作或培训，不是临时性或季节性性质的工作的人员。在提交申请书时，您必须有能力从事此类非技术性劳动力（要求少于两年的培训或经验），并且必须是非临时性或季节性的。您从事的工作质量水平必须是美国境内员工无法完成的。
Fourth Preference EB-4: You may be eligible for an employment-based, fourth preference visa if you are a special immigrant. The following special immigrants are eligible for the fourth preference visa:
• Religious Workers宗教工作者
• Iraqi/Afghan Translators伊拉克／阿富汗翻译
• Iraqis Who Have Assisted the United States曾协助过美国的伊拉克人
• International Organization Employees国际组织员工
• Armed Forces Members武装部队成员
• Panama Canal Zone Employees巴拿马运河员工
• Retired NATO-6 Employees退休的北约组织员工
• Spouses and Children of Deceased NATO-6 Employees北约组织员工死者的配偶及子女
Fifth Preference EB-5: USCIS administers the Immigrant Investor Program, also known as “EB-5,” created by Congress in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. Under a pilot immigration program first enacted in 1992 and regularly reauthorized since, certain EB-5 visas also are set aside for investors in Regional Centers designated by USCIS based on proposals for promoting economic growth. All EB-5 investors must invest in a new commercial enterprise, which is a commercial enterprise:
• Established after Nov. 29, 1990, or
• Established on or Before Nov. 29, 1990, that is:
1. Purchased and the existing business is restructured or reorganized in such a way that a new commercial enterprise results, or
2. Expanded through the investment so that a 40-percent increase in the net worth or the number of employees occurs.
E-1 Treaty Trader: The E-1 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 solely to engage in international trade on his or her own behalf. Certain employees of such a person or of a qualifying organization may also be eligible for this classification.
E-1 条约贸易商: 此类E-1非移民允许一个条约国家的国民（条约国家指的是与美国保持双边投资或贸易条约的国家）可以独自来美国以其个人名义从事国际贸易活动。某些符合要求的组织的员工可能有此分类的获取资格。
H-1B Visa Program: U.S. businesses use the H-1B visa program to employ foreign workers in specialty occupations that require theoretical or practical application of a body of highly specialized knowledge, including, but not limited to: scientists, engineers, or computer programmers.
H-1B 签证项目: 美国企业使用H1-B签证项目在需要理论或实践应用专业知识的特殊行业雇佣外国工人，包括但不仅限于：科学家、工程师或电脑程序员。
L-1A Intracompany Transferee Executive or Manager: The L-1A nonimmigrant classification enables a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company which does not yet have an affiliated U.S. office to send an executive or manager to the United States with the purpose of establishing one. L-1A 公司内部转任行政或管理人员: 此类L-1A非移民类别适用于美国雇主与其从属的外国办事处转掉行政或管理人员。此类别也适用于一个目前并没有美国办事处的外国公司以建立办事处的目的指派行政或管理人员来美国。
Causey & Ye Law has an unique immigration practice background. Casuey & Ye Law provides various immigration services, including but not limited to: family based immigration (green card), naturalization, Asylum, VAWA, H1-B, EB-5, L-1/2 Visa, Cancellation of Removal and so on.
I. Family Based Immigration and Related Services
The status of the petitioner determines which of his or her relatives can receive immigration benefits from the U.S. government. This also applies to future relatives such as fiancés and prospective adopted children from abroad. In order to petition for a family member to receive immigration benefits, the petitioner must be one of the following
• U.S. Citizen (either by birth or naturalization)
• Green Card Holder (meaning the petitioner has the status of a permanent resident)
• Refugee admitted as a refugee within the past 2 years OR asylee granted asylum within the past 2 years
• If you or a member of your family is in the U.S. military, there is a separate provision of the law to help you.
III. Other Business Related Matters
Extending a B Visa Temporary Business Visitor: You may be eligible for a B-1 visa if you will be participating in business activities of a commercial or professional nature in the United States. 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. Therefore, properly filing for an extension of your status is imperative.
Foreign Business Formation, Acquisition, and Investment: We discussed specifically the “Fifth Preference EB-5” for job creation and capital investment in the United States by foreign investors under our “EMPLOYMENT BASED IMMIGRATION SERVICES AND VISAS” tab. That covers the immigration side of things. To successfully form, acquire, and invest in a foreign market, an individual or company also needs advice on finances, taxes, real estate development, and much more. Causey & Ye Law and our network of expert colleagues are here to help you every step of the way.
I-9 Compliance: All U.S. employers must ensure proper Employment Eligibility Verification for each individual they hire for employment in the United States. The employee must present his or her employer with acceptable documents evidencing identity and employment authorization. Whether you are an employer or employee, Causey & Ye Law can make sure you comply with all I-9 requirements.
Temporary Worker Visa: Temporary worker visas are for persons who want to enter the United States for employment lasting a fixed period of time, and are not considered permanent or indefinite. These visas require the prospective employer to first file a petition.
I-9 移民法准则: 所有的美国雇主都必须确保他们在美国所雇佣的每个外籍人员都符合就业资格。雇员必须出示他或她的雇主合法的文件证明和就业许可。无论你是雇主或雇员，考西&叶氏律师事务所可以确保您遵守所有I-9移民法条款。
IV. Removal Hearing and Asylum Cases
Removal Hearing: Removal is a term that is used in immigration law that means basically the same thing as “deportation”. A non-citizen may become subject to removal for various reasons, such as committing serious crimes or violating their terms of stay in the United States. In addition, the term “removal proceedings” is now the umbrella term for all deportation, exclusion, and deportation relief procedures. That is, previous distinctions between deportation and exclusion (not letting an alien into the U.S.) have been eliminated. Instead, removal proceedings are generally the sole procedure when determining if an alien is deportable, inadmissible, or eligible for deportation relief. If an alien is being charged with an alleged violation of immigration law, immigration authorities will serve them with a “Notice to Appear”. This is a document which initiates the hearings to determine whether or not the person should be subject to removal. The notice to appear is basically an order requiring the alien to appear before an immigration judge.
The removal process can often be a very complex and lengthy procedure. Removal proceedings are important, as they will determine whether a person can legally remain in the U.S., or whether they will be removed from the country. Causey & YeLaw is here to zealously represent you and your interests at these proceedings.
Asylum: Asylum is the legal protection afforded by the United States government to a person who can demonstrate a “well-founded fear of persecution” based on race, religion, nationality, political opinion, or membership in a particular social group. Asylees are distinguished from refugees by their presence in the country. They are seeking protection from deportation after having entered the United States, legally or illegally. The opportunity to apply for asylum is offered to both refugees outside the United States and people who have entered the country illegally. Those who can demonstrate a credible fear of returning to their home country due to past persecution based on any of the five protected grounds may receive status in the United States. However, status is never guaranteed. Therefore, it is imperative that you have a skilled immigration attorney to represent you and your interests. Causey & Ye Law is here to help.
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