DRSI LAW

הגירה לארה״ב

"החלום האמריקאי - דמוקרטיה, זכויות, חירות, הזדמנות, שוויון והזדמנות לשגשוג ולהצלחה. "החלום ההוא על ארץ שבה החיים צריכים להיות טובים, עשירים ומלאים יותר עבור כל אדם, עם הזדמנות לכל אחד לפי יכולתו או הישגיו.”  ג'יימס טראסלו אדמס - האפוס של אמריקה 

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en_USEnglish he_ILHebrew

US Employment Temporary Visa Options

Are you a US company looking to hire a foreigner? Are you a foreigner with a fantastic one in a lifetime job opportunity in the US? Do you find yourself traveling frequently to the USA on too many business trips? Are you staying for longer and longer periods of time during your “business trips” to the USA? Are you considering opening a US branch of your company soon? You must comprehend US immigration law.

אישורי עבודה לארה"ב

These are divided into two areas – Permanent and Temporary
זמני- לתקופה מסוימת של זמן, אותו ניתן לבקש יחסית מהר.

היתרי העבודה או היתרי מגורים זמניים הנפוצים ביותר זמינים ב:

  • O1 A visas for exceptionable talent in business, arts, sciences, sports etc
  • E1 visas for companies located in a treaty country that trades either a service or a product over the ocean with the US. Trade can be Imported or Exported.
  • E2 visas for individuals or companies located in a treaty country that has invested a substantial financial investment in a US-based active company.
  • J1 training visas are 18-month training programs for young professionals who have a US company who wishes to train them in the same industry – corporate, hotel, restaurants etc.
  • L1 visas are for company employees who are either ranked at a managerial, executive or highly skilled level who have worked for over 12 months in the foreign company and are transferring to the US branch.

We can also assist with business visitors in lieu of a future visa, student visas ( F1’s), Complicated B1/B2 tourist visas and ineligibility waivers. 

Please contact DRSI LAW for an eligibility check of your case.

US Family Immigration

חסות משפחתית בארה"ב

US citizens may sponsor their spouses, parents, children, and siblings. There are extremely long grueling queues if your child is over 21 years old or if they are married. Green Card Holders or Legal Permanent residents may sponsor their spouses and children. The waiting time is also very long and can take a few years today to be reunited.

The procedure requires marriage eligibility documentation; proof of intention to live in the US, that is sent and uploaded to the NVC or National Visa Center and finally a visa interview in the US Consulate. The process can take around 18 to 20 months today.

DOMA

Since 2013, same-sex couples can also be united. In 2013, the US Supreme court ruled that the DOMA or Defence of Marriage Act was unconstitutional on June 26, 2013. By late 2014, same-sex marriage had become legal in states that contained more than 70% of the United States population. United States V Windsor. 

Marriage fraud & High Risk Marriages

US Government officers still use the same survey results from the 1980’s  showing that up to 30% of marriages between aliens and U.S. citizens are suspect. Even though these figures must surely have changed in 40 years – the legacy lives on. It has been shown that although the Law does accept equality between hetrosexual and homosexual marriage – the Officers examining the cases, may be more lenient to the evidence demonstrated by a straight couple that to a gay couple. 

Marriage fraud in the USA is a violation of the law and can lead to both criminal and immigration penalties such as facing prison, a fine, or both. A sham marriage is one that is entered into in order to get around (“evade”) the U.S. immigration laws. (See I.N.A. Section 204(c).)

8 U.S. Code § 1325 Marriage fraud – 

“Any individual who knowingly enters into a marriage for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, or fined not more than $250,000, or both.”

The Burden is on the US citizen to demonstrate their spouses’ eligibility.

“Entered your marriage in Good faith”  – this is a safeguard that is required to demonstrate your genuine relationship for an immigration spousal visa to the USA. For hetrosexual couples, this may be simple – joint tax returns or joint property ownership. This can be extremely difficult for a gay couple to produce, should they live in a country where Gay marriage is not acceptable or where joint filing is not permitted. Many gay couples have emotional issues revealing their partners to their families, and so providing testimonials from family members or even close friends may also be complex.  

“Intend to continue to live in a real marital relationship” – Furthermore, the USCIS additionally evaluate your future intentions as well as your past evidence. The ceremony certificates and the proof of your past is not enough for USCIS to evaluate your marriage, but a couple must also demonstrate proof that they intend to continue to live together and establish a future life together in the USA. 

 

USCIS created the an Act called IMFA to help identity HIGH RISK couples – The laws are stricter for couples that fall into certain categories of suspicion identified by the Immigration Marriage Fraud Amendments of 1986 (IMFA)

The TWO Year Conditional RuleHave you been married for less than two years prior to the submission of your case? You will be granted “Conditional Permanent Residency” . This two-year requirement applies to all noncitizen newlywed seeking permanent residency based on a recent marriage. This creates further loopholes and obstacles for newlyweds as well at any point during this two-year period, the Secretary of Homeland Security may terminate the conditional legal status and initiate removal proceedings against the noncitizen for a variety of reasons. 

RED Flags – Marriage fraud Red Flags : “unusual or large age discrepancy between spouses,” “unusual associations between family members,” “unusual cultural differences,” “low employment/financial status of petitioner,” “unusual number of children and large discrepancy in age,” and “unusual marriage history.”

Visa Options for joining your spouse in the USA

K1 “Fiance” visa – This is aimed at non married couples who intend to marry within 90 days of entering the USA. This non immigrant visa permits the foreigner to visit their fiance and make a final decision before applying for a Permanent visa. 

This is a two stage application based and requires strategy and time planning in advance. 

I-130 Alien Immigrant Petition for Alien Relative from your home country – This is aimed at married couples who can demonstrate a genuine marriage that was entered into in good faith and that they intend to live together as a couple in the USA.  The petition is filed whilst your married spouse is abroad and awaits patiently for an immigrant visa quota to be approved. 

The State Department issues a monthly bulletin describing how many visas are available in each category and the respective wait times for obtaining a visa. For the most recent visa backlog information at the time of filing – check updated bulletin.   

This is a three stage application that takes time and patience and passes through three separate organizations – the USCIS, National Visa Center and the US Embassy. 

 I-130 and I485 Alien Immigrant Petition for Alien Relative from within the USA If your spouse is legally physically present in the USA when you met them, perhaps they were a student when your relationship begun, or they were working on an L1 or E2 work permit for a company before they met you. If this is your situation, you spouse may be eligible to submit and process  their I-130 and I485 Alien Immigrant Petition and Adjustment of Status Petition during their stay in the USA. This may seem ideal, but needs to be filed with caution and strategically plan the time frame. There may be a need to fly outside the US during this period or apply for Employment Authorisation.   

This is a two stage application that takes time and patience and passes through the USCIS and finally in most cases, a formal interview.

Please contact DRSI LAW for an eligibility check of your case.

“The American Dream”

“The American Dream  is well known globally and represents the idea of success and the abundance of wealth. Irrespective of your background and culture,  relocating to the USA can be a life-changing experience. The United States of America is a destination for relocations due to the immense opportunities it offers from entrepreneurship to education, the options for success are attainable. Getting to the US involves following the proper bureaucratic steps such as obtaining the proper legal status. 

At DRSI LAW we find you the solution you need to make your dreams come true.

INVESTMENT TO THE USA and VISA OPTIONS

Are you an entrepreneur who wishes to open his open business in the USA? Do you have experience in managing or owning your own company abroad? Do you want to partner with a US colleague and invest in a new Joint venture together? Have you seen a famous franchise that you are looking to manage? Are you staying for longer and longer periods of time during your “business trips” to the USA? Have you started to buy properties and invest in a management company? 

שירותים משלימים

DRSI LAW can offer the following related supplementary services:

  • US Company incorporation
  • US Business bank account through leading international bank
  • Advice regarding which State to Open your company out of 50 US states with federal and State tax advantages
  • International domicile taxation advice – for dual citizens this is imperative to avoid double taxation
  • Preparation and review of your Visa business plan
  • Referral to Local US accountants that will file your US tax return and speak your native language
  • Registration with Social Security,  EIN, FEIN for Corporation Tax etc
  • Referral to Health insurance providers who will ensure your health and travel upon your trip to the United States
  • Official Certified translations and notary authentication for official document you will require
  • Assistance with filing I-9 Employment Eligibility Verification
  • Assistance with Travel Regulations for PETS and their vaccination and veterinarian issued health certificates for the United States Department of Agriculture and CBP

Options to Choose

ACQUIRE AN EXISTING BUSINESS/ SET UP ALONE/ FRANCHISE

Option 1

Aquire or Merge with an Exiting Business

Option 2

Set up your own Business-Alone or with Partners

Option 3

Buy and Manage a Franchise

DRSI Global ייעצו לך בצורה הטובה ביותר

  • יושבים עם הלקוח
  • מאזינים לרצונותיהם
  • Assess a case scenario
  • Explain all options
  • Discuss Fees
  • Potential Obstacles
  • Plan a timeline
  • Prepare Consular Questions
  • Research Competition
  • Financial Forecast
  • Family dependents
  • Hold you hand till arrival

Please contact DRSI LAW for an eligibility check of your case.

Foreigners ACQUIRE or Merge

with a US Business ​

The Steps of Mergers & Acquisition

There are a few steps to take during a Merger & Acquisition (M&A)

1. Markets/Services- Making an Analysis for your Plan:
The mergers and acquisition process begins by recognizing growth opportunities in the business sector you are interested in. An analysis  of collected data on the market you are wishing to acquire or merge with  including but not limited to: the demographics, employers, competitor; business financials and consumer loyalty and opinions is required prior to making the decision. You must also:
– Check your own liquidity and financial health
– Define your goals and success objectives

2. Consider Merger and Acquisition Options:

At this stage you find the potential Merger or Acquisition options that fall within the strategic financial growth objectives identified in the market analysis. This involves identifying the possibilities through research or a consultant. We at DRSI can assist you in finding the right fit for you 

3. Financial Forecasts:
An in depth evaluation of the financial forecasts and credit position of the newfound target must be made. The analysis must focus on volume, revenue, cost, and balance sheets. Evaluations on the likely benefits of a transaction with this acquisition or merger option, the risks and other opportunities must be made. 

4. Making a Decision on an M&A Option:  The benefits and issues of the acquisition or merger is to be considered in depth prior to making a  possible life changing decision. While making a decision, a due diligence review must be done to understand the issues, opportunities, and risks associated with the transaction. This is done through a final review of the financial, legal, and operational aspects of the business and a full disclosure of all information relevant to the transaction. Additionally an assessment on the businesses value and the possible different structuring options for the merger or acquisition transactions to meet the objective you wish to achieve is required. 

5. Negotiation and Agreements:
Prior to the offer being accepted, you must ensure a complete and comprehensive negotiation to reach an agreement. You must ensure that any regulatory approvals  are obtained  prior to the close of the transaction. During the transaction, you should monitor the acquisition or merger to ensure that the negotiations continue to meet the goals and objectives you have established initially.

6. Carefully plan and perform integration: Once you have merged or acquired a business and its operations, it is time to merge the 2 together. You must use the plan developed initially to ensure the cultures of the 2 businesses do not clash.  In the beginning, it is like a trial, you analize what works and what needs to be changed to stay on target. The deal is not the most important part of the process , but rather your ability to transition the business  and integrate the two to make it into one seamless, organization that is driven by success, cooperation and your ability to realize the value of the business.

Examples of  successful Foreigner Mergers and Acquisitions of US companies

The world’s largest US pork producer, an American company called Smithfield Foods, was acquired by a Chinese corporation. Budweiser’s rebranding – the cans may say “America” on them, but this beer is now owned by a Belgian company. Hoover brand was sold to Hong Kong, China-based firm Techtronic Industries in 2000, bought by multinational consumer goods company Unilever for $326 million. America’s iconic ice cream brand Ben & Jerry’s was started by best friends Ben Cohen and Jerry Greenfield after they purchased an old gas station and turned it into a scoop shop in 1978. Burger King, the American famous hamburger and milkshake joint today belongs to a Canadian company “Restaurant Brands International”, a Canadian fast food company. German supermarket brand Aldi Nord bought Trader Joe’s which dates back to 1967. Lucky Strike, once America’s top-selling cigarette brand, was established in 1871 in Virginia fell into the hands of the Brits. US Motorola Mobility was sold by Google to Chinese computer corporation, Lenovo. 

More than 7 million Americans work for foreign companies such as BMW, Airbus, Tata and Haier. 

Please contact DRSI LAW for an eligibility check of your case.

Company Formation-

Starting a Business of your OWN

When our clients decide they want to invest and move to the US to open a new business, we at DRSI are always excited to hear about the new vision our client has.  

The US has a strong economy that attracts many investors and entrepreneurs globally who wish to fulfill their AMERICAN DREAM. Though many clients come with a breakthrough idea they are sure to bring them success, they do not think of the bureaucratie around opening a business, incorporating it and ensuring it has the business sophistication needed for the US Business community.  Whether it be purchasing an existing business or opening a brand new company, we are here to assist.

Clients must decide in which state they wish to establish their business, since they all have their own set of rules, regulations and taxation.

DRSI assists our clients by walking them through the different types of US formations (INC, LLC, SCorp etc ) offering advice on the best possible corporate structure for their type of business, tax advice and completing the formation of the incorporation for them. For those clients needing a US bank account, we can even assist them in opening one prior to going to the US.  

The Business Core - Having the Right Business PLAN

A business plan is an important and often forgotten component of a US business visa application. Individuals may be able to produce a business plan, however, for immigration and loan purposes a well founded business plan focusing on financial forecasts and why the business is worth the investment or an approval of immigration status must be produced.

Business plans are required for the  several visa applications such as E2 investor visa, EB5 immigrant investor visa, and L1 intra-company transfer visa.  Each of these three visa categories include different requirements for what information must be included in the plan.

At DRSI, we work hand in hand with the client during the application process and build together the best business strategy. Therefore, we believe handling business plans benefits our clients.  As such, compared to third party plan providers our clients do not need to provide duplicate information or waste their valuable time explaining the ins and outs of their company. We build custom business plans for each of our clients depending on the requirements. 

We have created thousands of successful business plans for our clients and can do the same for you.

FRANCHISES

AT DRSI LAW we want you to reach your goals and we are here to help you make the best decisions for your businesses and your Future.

WHAT DO WE DO ?

DRSI works to find the best franchuse investment that will quality YOU for an E-1, L-1, or EB-5 investor visa

DRSI makes the process simple by finding / analyzing the best franchise investments based on YOUR own profile​

DRSI remains YOUR consultant throughout the investment decision until YOU obtains The investor visa

Why are Franchises a Good Option?

Franchises have a pre-established business set-up and model. When wanting to invest in a business it is a great advantage to have financial numbers available, knowing the brand is recognized which reduces risk, receiving the training needed, having support from the franchisor and envisioning potential future growth and further expansion.  Studies show that franchises have a success rate of approximately 90 percent as compared to only about 15 percent for businesses that are started from the ground up.

Benefits of Franchise

Pre-Established Business Model

Franchise Support

Brand Loyal from Established Customers

Available Financial Figures (historical)

Potential of Higher Returns

Business is pre-operational

According to 2019 research based on official census data, the two-year franchise success rate is about 8% higher than the independent business success rate. The one-year survival rate for franchises is about 6.3% higher (Francine Lafontaine, Journal of Economics & Management Strategy).

Why are Franchises more successful?

Track Record of Success

Training Programs

Brand Loyality

Ongoing Operational Support

Marketing Assistance

Real Estate Assistance

Risk Avoidance

  1. Track Record of Success. Franchise companies have developed business models that generate successful results. They’re required to provide you with a great deal of information so you can investigate the results  in order to make your final decision.
  2. Training Programs Franchise companies offer training programs that are created and designed to reach the needed levels expected from the Franchise to hold the most successful methods to run the business. 
  3. Brand Loyalty The advantages of franchising is that the company has  built a brand  which holds value  and creates loyalty from its customers
  4. Ongoing Operational Support Franchise companies provide ongoing assistance and support to franchisees. You will not be  alone in building and running your business, and can always call on experienced people to share or recieve new ideas for growing the business.
  5. Marketing Assistance The franchise companies offer marketing assistance, material and  proven tools and strategies for attracting and retaining customers. 
  6. Real Estate Assistance Franchises have manuals and other documentation, to assist in finding the right location, site and negotiate the best possible deal for you. 
  7. Risk Avoidance The main reason to buy a franchise is that it will help you avoid much of the risk of starting a new business. The initial capital to invest may be larger, but the benefits of having the support, historical number, customer loyalty will ensure that you are on the right path for success and avoid the UNKNOWN

What DOES DRSI DO FOR YOU ?

The Process

Finding the Perfect Franchise

Filling the proper Immigration Status

Meeting with the proper advisors (TAX, Account, ETC)

Making Your Dream Come True

Here is a small idea of the process :

1- Finding the perfect Franchise : We will first meet to analyze and understand your goals and needs and skills.  We then follow by doing a custom search that will align with your portfolio of skills and desired industry to find the perfect investment for you. We will meet to discuss the top contentions and analyze the pros and cons  to see if we are on the right track or we need to adjust our search. Once we have decided we will get you in contact with the Franchise and continue to support and assist you during the process of purchasing it.

2- The proper Immigration Status: Once we have chosen the Franchise, the location and site, we can begin the immigration process to file for the proper visa status required for your relocation. We will complete the applications and file the request.  

3- Advisors: We will introduce several professionals such as accountants, corporate advisors  and even business consultants that work in alignment with us to assist you in more depth for questions you may have or assistance you may require. 

4- Moving to the US : Once you are approved and ready to go, we will assist you with giving you a plan of what to do once you arrive in the US and how to face the bureaucracy there. We will continue to be available for your questions  during this time.

At DRSI we are determined to help you with fulfilling your dreams in the most seamless way possible. 

We assist clients from when the move is a mere idea until once they are fully settled in the US

And even then we help with some US bureaucratie!

US INVESTOR “ Temporary” VISAS

The US has signed many treaties and offer many different visas for those looking to move. There are a few simple ways to move to America without hassle and this is through US INVESTOR VISAS. They offer two possible options both viable through a substantial investment in a US business.

E2 Investor Visa

TEMPORARY

Min TIME Frame 3-4 Months

All family Members inc Children till 21

All family Members inc Children till 21 Include applying for unlimited work visas for Employees of same nationality

Receive Social Security

EB5- Immigrant Investor Visa

Min Time Frame 18-36 months

All family Members inc Children till 21

No connection to Employees

Receive Social Security

E-2 Visa for Treaty Investors Option

The E-2 visa is a non-immigrant visa that allows those whose home country has an Investment treaty with the U.S. to come to America to invest their funds in a US business.  
The E2 investor visa is obtainable with a substantial investment and allows the individual investor (or investor company) to live and work in the United States for the duration of the visa validity.  The visa may be renewed. It is a renewable temporary residence permit and some citizens may benefit from a 5 year visa each time.

Examples of DRSI E2 investor clients US businesses include:

Wedding Photographer Construction Company 

Graphic Designer Furniture Movers

Swimming teacher Food Caterers

Jeweller Store Chef online cooking studio

Restaurant owner Diamond manufacturers

Supermarket owner Cocktail Bar and Nightclub

Property management Cosmetics importers

Pawn Stores Real estate Locators and developers

Digital marketing Cyber Security

Software antivirus Dev Business card designers and Graphics

Food Trucks Biotech consulting in Food Industry 

PropTech app software Wedding dress Designers

Music Artist Agents Event Management & Party Organisers

DRSI Clients have been from Ukraine, Uruguay, Argentina, United Kingdom, France, Germany, Holland, Israel, Jordan, Morocco, Grenada and other countries. There are 79 Countries Worldwide that benefit from the E2 visa. 
See list attached

DRSI will be able to guide you through the VISA application process and identify the criteria required.

The case takes 3-4 weeks to assemble the case and then 3-4 months to await for an interview. DRSI will prepare you for an interview with a Questionnaire, you will not be asked any surprising questions. 

The Consular Officer has full discretion at this point. The Consular officer needs to verify the main regulations have been fulfilled and DRSI Law will cover these extensively

E2 FACTS

  • The processing time for an E-2 is usually four months or less.
  • An E-2 visa offers unlimited extensions.
  • The spouse of an E-2 visa holder can work in the U.S.
  • An E2 Employer may hire nationals of the same country to work under the E2 platform called E2 Employees. 
  • The E-2 employee may also bring his dependent married spouse and children to the USA to live and work. 
  • An E2 spouse can work for any Employer.
  • An E2 visa holder can get multiple entries to the US.
  • Children under 21 can study in US schools free of charge
  • There is no Minimum or maximum investment
  • E-2 visa holders maintain their E-2 status for two-year increments and can request an extension of stay an unlimited amount of times
  • E2 Visa holders can adjust to EB5 Permanent investors based on the same financial investment.

To view DRSI recent case studies please see below recent approvals of cases:

Please contact DRSI LAW for an eligibility check of your case.

US INVESTOR “Permanent” VISAS

The US has signed many treaties and offer many different visas for those looking to move. There are a few simple ways to move to America without hassle and this is through US INVESTOR VISAS. They offer two possible options both viable through a substantial investment in a US business.

E2 Investor Visa

Min TIME Frame 3-4 Months

All family Members inc Children till 21

Include applying for unlimited work visas for Employees of same nationality

Receive Social Security

EB5- Immigrant Investor Visa

PERMANENT

Min Time Frame 18-36 months

All family Members inc Children till 21

No connection to Employees

Receive Social Security

EB-5 Investor Green Cards Option

The EB5 Investor Visa is an immigrant visa. This type of visa leads straight to a Green card meaning that you are a Permanent Residence and that after 5 years, your time physically spent in the USA leads to Citizenship and a Passport. 

The EB5 visa requires a $1.8 million dollar investment which may be reduced to $900,000 in certain circumstances. This visa is valuable to those who own foreign businesses, or have run businesses before, and/or are interested in managing a business.  

There are numerous types of Permanent visa applications. A Permanent Residency  -(I-551) PR or otherwise known as The Greencard allows you to live and work permanently in the United States.

In order to apply for a Green Card based on Employment, you must be eligible under one of the categories:

  • E-11 Alien With Extraordinary Ability In The Sciences, Arts, Education, Business, or Athletics

  • U.S. Employer Filing For An E-12 Outstanding Professor or Researcher

  • U.S. Employer Filing For An E-13 Multinational Executive or Manager

  • E-21 Alien Who Holds An Advanced Degree or Has Exceptional Ability And Seeks A Labor Certification Waiver In The National Interest, Commonly Called A National Interest Waiver (NIW)

  • U.S. Employer (Business or An Individual) Filing For An E-21 Member Of The Professions Holding An Advanced Degree or An Alien Of Exceptional Ability; E-32 Professional; E-31Skilled Worker; or EW-3 Unskilled (Other) Worker

  • Alien Belonging To A U.S. Professional Athletic Team And Is Filing As An E-21 Alien Of Exceptional Ability As A Professional Athlete

  • U.S. Employer Seeking Schedule A, Group I For An E-21 Member Of The Professions Holding An Advanced Degree (Physical Therapist), or An E-32 Professional or E-31 Skilled Worker And Are Seeking Professional Nurse Certification

  • U.S. Employer Filing For An E-21 Member Of The Professions Holding An Advanced Degree or An Alien Of Exceptional Ability, or E-32 Professional And Are Seeking Schedule A, Group II (Sciences, Arts, And Performing Arts) Certification

  • U.S. Employer Filing For EW-3 Unskilled (Other) Worker To Perform Services As A Sheepherder Without Obtaining A Labor Certification From The Department of Labor First

Or

The EB-5 Immigrant Investor Program

Option 1 –Direct Investment in New Company

The EB-5 Green card refers to an employment-based visa. The requirements for the direct-investment are:

  1. You must invest, or be in the process of investing, at least $1,800,000 in a US company.
  2. Your investment must benefit the U.S. economy.
  3. Your investment must create at least 10 full-time jobs for U.S. workers.
  4. You must have at least a policy-making role in the business

Option 2- Regional Center Investment

If you would like to invest less money or not be managing  the day-to-day of a business, you can invest a minimum of $900,000 if it goes to a Targeted Employment Area (TEA) under the authority of the Immigrant Investor Pilot Program. The regional center investment option would be better if you have less money available, you’re unfamiliar with running a business, or you’re not interested in directly managing your investment

If you are NON E1 or E2 TREATY COUNTRY national   – such as from India, Brazil, Russia, China, Hungary,  Portugal and more – you may be required to look directly at this option. 

If you discover that you are interested in investing in the USA and receiving an investment visa to the United States but your country does not fall on the list attached – you must contact DRSI Law for options.

DRSI LAW specializes in seeking the most creative and innovative paths to legitimate your residence. We have helped hundreds of NON Treaty country residents in the past with options to immigrate to the USA. 

Queues Visa applications - ENDLESS ETERNAL Battle

MEXICO | PHILIPPINES | INDIA | CHINA

The backlog to receive a US GREENcard among Indian nations is so acute that an Indian national who applies for a green card now can expect to wait up to 50 years to get one. Nearly 7,000 green card applications by Indian alien workers were pending—almost 35 times the number in 2018, data from US Citizenship and Immigration Services (USCIS) show. Overall, with 56,608 green cards approved for Indian workers, the group received nearly half of all permanent residency permits issued in 2019. 

 

Indians face the worst backlog when it comes to getting a green card, thanks to a 7%-per-country cap on allocations each year. Nearly 800,000 workers and their families—most of them Indians—are waiting for employment-based green cards.  USCIS is still processing applications from 2009; libertarian think tank CATO Institute estimates that the wait time for Indians with advanced degrees is 49 years.



Approximately 450,000 Brazilian immigrants resided in the United States in 2017, an increase of nearly one-third over a seven-year span that was marked by difficult conditions in Brazil, including a recession accompanied by high unemployment and inflation. Brazilians, who now represent 1 percent of the 44.5 million immigrants in the United States, have historically sought improved economic opportunities via emigration, especially since the 1980s. However, changes in U.S. immigration law made it more difficult for Brazilians to obtain tourist visas—a common method of entry that often resulted in overstaying to work illegally in the United States.

Nationality Based quotas

These nationality-based quotas are known as the country limits. The country limits result in each nationality waiting in lines that move at different speeds within each category. The wait time for Mexican siblings of U.S. citizens is different from that of Filipino siblings of U.S. citizens, and both wait times differ from those of Mexican or Filipino spouses of legal permanent residents. For the most part, just four nationalities — Indians, Chinese, Filipinos, and Mexicans — reach the country limits. When a nationality reaches the country limit, nationals of other countries pass them in the line.

DRSI LAW specializes in seeking the most creative and innovative paths to legitimate your residence. We have helped hundreds of NON Treaty country residents in the past with options to immigrate to the USA.

To view DRSI recent Green Card case studies please see below recent approvals of cases

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