Arizona Immigration Solutions

Yes, you can under three situations.

1. First, you have H1B for six years, and you leave the U.S. for at least 1 full year. The absence from the U.S. for over 1 year will allow you to have a new 6-year period on H1B.
2. Second, if you have filed a labor certification application or an I-140 petition prior to your 5th year anniversary on H1B, you will be allowed to extend your H1B beyond the 6-year limit. However, if your labor certification or I-140 is denied, you will not be able to get more H1B time, but you may stay till the end of your current H1B time.
3. Third, if you have an approved I-140 petition but your priority date is not current, you can extend your H1B beyond the 6 years limit as well.

You may find a list of qualifying positions and their requirements on this list: https://www.nafsa.org/_/file/_/amresource/8cfr2146.htm

There are three types:

1. O1A for individuals with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television industry)
2. O1B: individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry
3. O2: individuals who will accompany an O1, artist or athlete, to assist in a specific event or performance. For an O1A, the O2’s assistance must be an “integral part” of the O1A’s activity. For an O1B, the O2’s assistance must be “essential” to the completion of the O1B’s production. The O2 worker has critical skills and experience with the O-1 that cannot be readily performed by a U.S. worker and which are essential to the successful performance of the O1

You must have received a major, internationally recognized award, such as a Nobel Prize.

Or, you must meet at least three of the following:

• Receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor
• Membership in associations in the field for which classification is sought which require outstanding achievements, as judged by recognized national or international experts in the field
• Published material in professional or major trade publications, newspapers or other major media about the beneficiary and the beneficiary’s work in the field for which classification is sought
• Original scientific, scholarly, or business-related contributions of major significance in the field
• Authorship of scholarly articles in professional journals or other major media in the field for which classification is sought
• A high salary or other remuneration for services as evidenced by contracts or other reliable evidence
• Participation on a panel, or individually, as a judge of the work of others in the same or in a field of specialization allied to that field for which classification is sought
• Employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation If the above criteria do not readily apply to the beneficiary’s occupation, the petitioner may submit comparable evidence in order to establish the beneficiary’s eligibility.

You must have received, or been nominated for, significant national or international awards or prizes in the particular field, such as an Academy Award, Emmy, Grammy or Director’s Guild Award Or, you must meet at least three of the following:

• Performed and will perform services as a lead or starring participant in productions or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications, contracts or endorsements
• Achieved national or international recognition for achievements, as shown by critical reviews or other published materials by or about the beneficiary in major newspapers, trade journals, magazines, or other publications
• Performed and will perform in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation as evidenced by articles in newspapers, trade journals, publications, or testimonials.
• A record of major commercial or critically acclaimed successes, as shown by such indicators as title, rating or standing in the field, box office receipts, motion picture or television ratings and other occupational achievements reported in trade journals, major newspapers or other publications
• Received significant recognition for achievements from organizations, critics, government agencies or other recognized experts in the field in which the beneficiary is engaged, with the testimonials clearly indicating the author’s authority, expertise and knowledge of the beneficiary’s achievements
• A high salary or other substantial remuneration for services in relation to others in the field, as shown by contracts or other reliable evidence If the above standards do not readily apply to the beneficiary’s occupation in the arts, the petitioner may submit comparable evidence in order to establish eligibility (this exception does not apply to the motion picture or television industry).

There are two main differences:

• H1B allows “dual intent”, meaning that it is not a violation of the H1B status if he/she pursue a green card. However, H1B-1 does not allow dual intent.
• H1B-1 is issued in 2-year increments, and there is no time limit. However, it does run into the same problem that that TN has. If a person has been on H1B-1 for “too long”, he/she may have problems at the airport or at the time of extension.

There are two main differences:

• H1B allows “dual intent”, meaning that it is not a violation of the H1B status if he/she pursue a green card. However, E-3 does not allow dual intent.
• E-3 is issued in 2-year increments, and there is no time limit. However, it does run into the same problem that that TN has. If a person has been on E-3 for “too long”, he/she may have problems at the airport or at the time of extension.

You will need to meet the following requirements:

• You are a citizen of a qualifying country
• You have made a substantial investment
• Your investment will benefit the US economy (e.g. create at least one job)
• You should have a business plan projecting income and expenses for the next five years
• You should account for the source of your investment funds, including the paths the founds came into the US
• You should demonstrate that you have the ability to operate the E2 business

Any legal business can be an E2 business. We have helped individuals in the real estate industry, retail business, food business, etc. However, business that does not require a lot of upfront investment tend to have a harder time with the E2 visa, such as consulting business.

You will need to meet the following requirements:

• You are a citizen of a qualifying country
• You have substantial trade with the U.S.
• You should have a business plan projecting for income and expenses for the next five years
• If you plan to also invest in the US, you should account for the source of your investment funds, including the paths the founds came into the US. However, the requirements for the investment is not as stringent as the E2 visa.

You should demonstrate that you have the ability to operate the E1 business

You will need at least 12 months of regular trade with the U.S. The frequency of the trade is more important than the dollar value of the trade. In other words, it will be better to have 12 transactions of smaller amounts over 12 months, than to have one large amount in the past 12 months.

You may find the list here: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/treaty.html

Immediate relatives refer to only three groups of people:

• Spouses of U.S. citizens
• Parents of U.S. citizens
• Children under 21 years old of U.S. citizens.

These are family relationships that allow for sponsorship, but they are not considered “immediate relatives”. They are:

• Unmarried sons and daughters of U.S. citizens (F1 category)
• Spouses and children (under 21 years old) of permanent residents (green card holders) (F2A category)
• Unmarried sons and daughters (over 21 years old) of permanent residents (F2B category)
• Married sons and daughters of U.S. citizens (F3 category)
• Brothers and sisters of U.S. citizens (F4 Category)

Unfortunately, no. You are locked in EB-2 under NIW, because your NIW is a stand-alone petition, and there is not an underlying approved PERM to support a downgrade I-140.

Unfortunately, No. The downgrade I-140 has to be based on a valid PERM from a valid employer. Because you do not work for the employer who had filed the underlying PERM, you cannot submit a downgrade I-140. Your current employer will need to file a new PERM, and when it is approved, you may then file an I-140 under EB-3.