top of page
Green Card

 

Green Card is the popular name for the permanent immigration visa granted by US authorities. Unlike other types of visas, it does not restrict or limit the actions of those who have it.

It is officially called the United States Permanent Resident Card (“Permanent Residence Card in the United States”) and can be obtained in many ways and with varying degrees of difficulty. If you want to go to the United States in order to get a Green Card or you already live in the country and want to get one, it is essential to hire an immigration lawyer.

Dr. Erika Baracchini Flores has practiced Immigration Law for over 10 years and was the first Brazilian lawyer to be a member of the American Immigration Lawyers Association (AILA).

Visitor visa
 

BUSINESS OR LEISURE (B-1/B-2)


Traveling to the United States for a temporary stay as a tourist or for temporary business purposes requires a B-1 or B-2 visa.

 

What is a B-1 visa?

What is a B-2 visa?

How can I qualify for a visitor visa?

How can I apply for a visitor's visa?

 

Business Visitor Visa (B-1) If the purpose of your planned trip is to consult with business associates, travel to a scientific, educational, professional or business convention, or to a conference on a specific date, resolve a situation or negotiate a contract, then the Business Visitor Visa (B-1) will be the appropriate type of visa for your trip.

Leisure, Tourism, Medical Treatment – Visitor Visa (B-2) If the purpose of your trip is recreational in nature, including tourism, leisure visits with friends and family, rest, medical treatment and activities of a fraternal, social or service, then the visitor visa (B-2) will be the appropriate type of visa for your trip.

Green Card per JOB
What is employment-based immigration?


As a starting point, it is important to understand the difference between the immigrant visa more commonly known as a “Green Card” and a non-immigrant visa such as the H-1B, L-1 or E-2.

Learn more about getting a Work-Based Green Card

 

Do I need to be supported by a US based employer?

What should an employer/supporter do?

What is a PERM or labor certification process?

How long does the process of obtaining a labor certificate and obtaining a Green Card take?

 

Do I need to be supported by a US-based employer? With certain exceptions, foreign workers must be supported by US-based employers in order to obtain a Green Card.

What must an employer do to apply for a Green Card for me?
With the exception of "Persons with Extraordinary Capabilities" and those transferred to the headquarters or branch of the same company, those seeking to obtain a Green Card based on employment must have a work visa and a written proposal to maintain this employment for 5 years to do so obtain the “work certificate”.

L-1 Visas for Business in "Launch"

Often, when a foreign company wants to establish a new subsidiary or branch in the United States, there will also be a desire to send a manager or person with specialized knowledge to manage the launch of operations. At least initially, the new venture often lacks Native American employees and no business activity. In this case, when a subsidiary located in the United States or a branch operating for at least 12 months, the United States Immigration Service will issue a “launch” visa valid for 12 months, which will be renewed after this period upon proof by the company that it has made significant progress since its launch, considering that often, by this time, the company has already employed at least one US citizen and is making sales considered significant.

Are there any requirements for companies to have a certain number of employees?

There is currently no prerequisite that a manager must direct employees to obtain an L-1 visa. The regulations say that it is enough for an administrator to run the “function” in the business. In practice, however, it is difficult to obtain L-1 status, except in the situation where there is a launch scenario and the home country and US business does not have Native American employees. Normally, for you to be considered a manager or executive, you must be in a position where you are directing other employees or management personnel.

 

Accompanying Family

When you qualify for an L-1 visa, your unmarried spouse and children under the age of 21 can obtain L-2 derivative visas only by presenting proof of family relationship to you. Spouses holding an L-2 visa can also obtain a work permit during their stay in the United States.

 

The Duration of L-1 Status

An L-1 can be extended to a maximum of 7 years in total, the L-1B status can be maintained for up to five years. After this time limit, the applicant must leave the United States for at least one year before they can be reinstated in L status.

 

Requires a Green Card from Status L-1.

If you are eligible for an L-1 visa or already have one, as an administrator or executive, you are also eligible for a Green Card for work. In addition to your eligibility, you can also benefit from being able to obtain a Green Card without the need to go through the rigorous Labor Certification procedures, which are often the necessary first steps for those seeking a Green Card through employment. The purpose of the Labor Certification procedure is to demonstrate to the US Government that there are no US-born workers available to do that job in the United States that you have been offered. However, if you have qualified for L-1 status as an administrator or executive, you will be included in the preferred category for obtaining a Green Card called Priority Workers. This category is exempt from Labor Certification requirements.

bottom of page