AnaMaria Rivera Law Firm
Immigration in Miami
We are committed to providing exceptional customer service, ensuring that you are informed, secure, and prepared for every phase of the immigration process.
At AnaMaria Rivera Law Firm, you will be supported by a highly skilled team dedicated to guiding you through each step with clarity and compassion.
Non-Immigrant Visas
Non-immigrant visas are intended for individuals seeking temporary entry to the United States for a specific purpose. These visas are subdivided into categories based on the nature of the visit.
L-1 Visa
For employees of an international company with offices both in the United States and abroad; these employees must be transferring to the U.S. office in a managerial or executive capacity, or possess specialized knowledge.
O Visa
Requires a demonstration of sustained national or international acclaim or a record of extraordinary achievement in the motion picture and television industry. This visa category requires a U.S. sponsor to submit a petition.
P Visa
For athletes, artists, and entertainers coming to perform in the United States, either individually or as part of a group. A U.S. employer or sponsoring organization must submit a petition.
Inmigrant Visas
Immigrant visas are for individuals who intend to live permanently in the United States. These visas are divided into several categories:
Immediate Relative Visas (IR-1, IR-2, IR-3, IR-4, IR-5)
Unlimited number issued annually. Requires a close family relationship with a U.S. citizen. The U.S. citizen must sponsor the applicant and demonstrate that they can support them at 125% above the mandatory poverty line. For close family members of U.S. citizens, including spouses, unmarried children under 21, adopted orphans, and parents.
Immigration Family Preference Visas
For specific, more distant family relationships with a U.S. citizen and some specified relationships with a Legal Permanent Resident (LPR). Limited annually, and for specific, more distant family relationships. The waiting period can vary significantly based on the category and the applicant’s country of origin.
EB-1 Visa
For individuals with extraordinary abilities, outstanding professors and researchers, and multinational managers or executives. This category is highly competitive, often referred to as a visa for “priority workers.” Notably, individuals in this category do not always need a permanent job offer in the U.S., as long as they enter to continue working in the field of their extraordinary abilities.
EB-2 Visa
For professionals who hold an advanced degree or have exceptional ability. This includes a category that requires Labor Certification or the self-petitioning EB-2 NIW (National Interest Waiver) which does not require Labor Certification.
EB-3 Visa
For skilled workers, professionals, and other workers. Requires Labor Certification and a job offer.
EB-5 Visa
For investors who invest a significant amount of money in new commercial enterprises in the United States. Investors must invest $1.8 million (or $900,000 in a Targeted Employment Area) in a new commercial enterprise that will create at least 10 full-time jobs for U.S. workers.
PERM
Labor Certification
Labor certification is a critical step in the process of obtaining certain employment-based immigrant visas in the United States, particularly for the EB-2 and EB-3 categories.
This certification is officially known as the Permanent Labor Certification (PERM). It is issued by the U.S. Department of Labor (DOL), and its primary purpose is to protect U.S. workers and the U.S. labor market by ensuring that foreign workers seeking immigrant visa classifications are not displacing equally qualified U.S. workers.
Purpose and Process of Labor Certification
No U.S. Workers Available
The employer must demonstrate that there are no qualified U.S. workers available, willing, and able to take the job for which the foreign worker is being hired.
Does Not Negatively Affect Wages
The employer must show that hiring a foreign worker will not negatively impact the wages and working conditions of similarly employed U.S. workers.
Steps in the Labor Certification Process
- Prevailing Wage Determination (PWD)
The employer must first request a prevailing wage determination from the DOL. This determination informs the employer about the common wage for the occupation in the specific area of intended employment. - Recruitment
The employer must conduct recruitment efforts to test the labor market for available U.S. workers. This includes placing job orders with the state workforce agency and posting advertisements in appropriate newspapers and relevant job websites. The employer must document the recruitment process and the reasons for rejecting any U.S. workers who applied for the position. - Filing Form ETA-9089
After completing the recruitment process, if the employer does not find U.S. workers who are willing, able, qualified, and available for the position, they can file Form ETA-9089, Application for Permanent Employment Certification, with the DOL. This form details the job duties, requirements, and other relevant information about the position. - DOL Review
The DOL reviews the application to ensure compliance with all regulations related to the labor certification process. This review includes verifying that the employer has met all recruitment and wage requirements. If the DOL approves the application, it will issue the labor certification. - Petition to USCIS
With an approved labor certification, the employer can then file an immigrant petition (Form I-140, Immigrant Petition for Alien Worker) on behalf of the foreign worker with U.S. Citizenship and Immigration Services (USCIS). This petition is the next step towards the foreign worker obtaining a green card.
Your new beginning is just a conversation away.
The risks of not working with a knowledgeable and trusted attorney
Without clear guidance, the immigration process can become a constant source of stress, with potential errors that prolong the journey or even jeopardize the possibility of success.
Delaying or failing to obtain legal residency can mean the loss of job opportunities, educational prospects, and the chance to build a life in the U.S.
Navigating the U.S. immigration system without expert assistance can lead to avoidable mistakes, potentially resulting in application denials or unnecessary complications.
The dream of a new life in the United States can become unattainable, impacting not only your future but also that of your family.
If you are already in the U.S., failing to address your immigration status can lead to deportation, undoing everything you have worked and waited for.
Without legal residency, your family’s full potential remains unfulfilled, affecting opportunities for generations.
Choosing an inexperienced advisor can not only jeopardize your immigration process but also result in significant financial loss and stress, endangering the progress and achievements you have already made in the U.S.
Your journey to immigration in the U.S.
Simplified in Three Steps:
- Start by Sharing Your Story
Begin your journey with us by sending your resume along with answers to some basic questions about your current immigration status and goals. This simple step allows us to get to know you better from the start. - Discover Your Personalized Plan
Next, we will schedule a 30-minute consultation with our attorney, who, as a fellow Latin American immigrant, deeply understands your aspirations and concerns. In this meeting, you will receive a tailored strategy outlining your clear path to legal residency or U.S. citizenship, specifically designed for your unique situation. - Embark on Your Path
Once you are ready to move forward and have signed your contract with us, we will guide you through the next steps, including gathering the necessary information and documentation. Our team will diligently prepare and submit your case, keeping you informed and supported every step of the way.
By choosing a professional firm you can achieve:
Achieve Legal Residency or Citizenship
The ultimate goal of starting a new life in the U.S. becomes a reality. This opens up opportunities for employment, education, and a stable future.
Peace of Mind
Knowing that you are navigating the immigration process with an expert who understands both the legal system and the personal journey of immigration can alleviate stress and anxiety.
Simplified Process
With a clear plan and professional guidance, clients can avoid common pitfalls, saving time and potentially reducing the financial burden associated with navigating the immigration system on their own.
Clear and Personalized Strategy
Our clients benefit from a tailored path to immigration, created with expertise and empathy. We handle your future with professional diligence, ensuring peace of mind and confidence in your journey towards U.S. residency or citizenship.
High Success Rates
With our guidance, clients see their cases approved, opening doors for themselves and their families to a new future filled with the opportunities that U.S. residency and citizenship provide: living, working, investing, and enjoying the benefits available to U.S. residents and citizens.
Generational Impact
By securing your place in the U.S., you are not only transforming your own life but also establishing a foundation for future generations to thrive.
