Employment Based

Approximately 140,000 immigrant visas are available each fiscal year for aliens (and their spouses and children) who seek to immigrate based on their job skills. If you have the right combination of skills, education, and/or work experience and are otherwise eligible; you may be able to live permanently in the United States. We support our clients’ goals of gaining employment in the U.S. by representing them in a broad spectrum of employment-based immigration matters, such as applications for EB-1, EB-2, EB-3, EB-4, EB-5, and Visas for No-Permanent Employment. We tailor our approach to each client’s individual needs.

Types of Employment-Based Visas

EB-1 Priority Workers This category is reserved for individuals who possess extraordinary ability in the arts, sciences, education, athletics, or business. You must be able to demonstrate that you possess such ability through documentation of national or international acclaim and recognition. The priority worker category also includes outstanding professors and researchers, as well as managers and executives of multinational corporations.

EB-2 If you have achieved an advanced degree – which is anything beyond a baccalaureate – or have received a B.A. and have spent at least five years working in the profession, then you may be eligible for the second category of employment immigration visa. This category is also intended for individuals who possession exceptional ability in the sciences, business, or arts.

EB-3 Skilled workers who hold positions that require at least two years of training or experience, professionals who require a baccalaureate degree, and unskilled workers filling non-temporary positions.

EB-4 The fourth category of employment-based immigration visa includes a wide variety of special circumstances, such as religious ministers, certain broadcasters, former employees of the U.S. government in the Panama Canal Zone, and Iraqi and Afghan translators.

EB-5 The fifth category is reserved for business investors who are planning to invest sums ranging between from $500,000 to $1 million or more in a new business that will employ a minimum of 10 U.S. workers on a full-time basis.

Types of Visas for Non-Permanent Employment

B-1 The B-1 visa is for temporary business visitors who are coming to the United States for purposes such as consulting with associates; negotiating contracts; participating in training on a short-term basis; attending a scientific, educational, professional, or business convention or conference; or settling an estate.

E-1 & E-2 Certain countries around the world are party to treaties of trade and commerce with the United States, and the citizens of these countries enjoy special rights and privileges under the provisions of U.S. immigration law. Visas are available for treaty investors and treaty traders who plan to conduct business in this country.

F-1 The F-1 visa is one of two available student visas; it enables the holder to attend a college, university, seminary, high school, elementary school, or other educational institution on a full-time basis. It also allows the student to work on campus under certain circumstances and off campus in certain types of positions after the first year.

H Visa There are several types of visas in the H visa category, including visas for specialty occupation workers, registered nurses, seasonal agricultural workers, and trainees. H visas are in high demand, and the yearly allocation typically runs out in a short period of time.

J Visa J visas, which are also referred to as exchange visitor visas, are provided with the purpose of promoting understanding between the people of the U.S. and the rest of the world. There are several categories of exchange visitor, including students, physicians, au pairs, professors, and trainees.

L Visa If you work for a multinational corporation and are going to be transferred to offices within the United States, then you will need a visa in the L category for intracompany transferees, either the L-1A executive / manager or the L-1B specialized knowledge visa.

O Visa Individuals with extraordinary ability or achievements in the arts, sciences, business, education, or athletics, or extraordinary achievements in the motion picture and television film may be eligible for the O visa category, which allows the holder to stay in this country for a period of up to three years.

P Visa There are several different types of P visas, but the category is generally intended for athletes, artists, entertainers, and their immediate family members. The visa is reserved for individuals who have achieved recognition for performance on an internationally recognized level.

Q Visa When you are planning to travel to the United States for the purpose of taking part in an international cultural exchange program, you can apply for a Q visa. Whereas the J visa is for cultural exchange programs sanctioned by the Department of State, the Q visa enables the holder to enter the U.S. to participate in programs recognized by USCIS.

R-1 Visa With the R-1 visa, certain types of religious workers are permitted to travel to the United States for an initial period of two and a half years or up to five years with extensions. To prove that you are eligible for the R-1 visa, you must be a member of a bona fide non-profit religious organization for at least two years and must be planning to work at least 20 hours per week during your time in the U.S.

TN / NAFTA Visa TN (trade NAFTA) status is a temporary worker visa status intended for individuals who live in the North American Free Trade Agreement countries. Workers from Mexico and Canada may be eligible for this type of visa provided that they work in one of several listed professions, have a prearranged position of employment,

If you are not a United States citizen and you have been charged with a criminal offense, you should consult with qualified immigration counsel to determine whether that criminal charge will adversely affect your immigration status. Our consultation may assist you and/or your attorney in fashioning a plea, which will avoid adverse immigration consequences. Or, in the case of a conviction, our consultation may assist you in devising a strategy to revisit the disposition through post-conviction litigation or in developing innovative legal arguments and strategy for immigration court removal proceedings in support of a motion to terminate on the grounds that the particular conviction does not trigger removal.

U.S. Citizenship is obtained either by birth, derivation or naturalization. U.S. citizens may live and work in the U.S. permanently, and can not lose this status by extended travel abroad. U.S. citizens have many benefits and privileges, including the privilege of voting in U.S. elections. U.S. citizens may petition for the permanent resident status of their parents, spouses, children and siblings.

Requirements:

• Generally, 5 years in permanent resident status [Three years may be sufficient for those married to U.S. citizens.]

• Generally, physical presence, continuity of residence, and good moral character standards.

• Satisfactory exam results in U.S. government, history, and civics as well as the ability to speak, read, and write English [Some exceptions to the testing requirements exist based upon age and duration of permanent residency, as well as medical limitations.]

The Nonimmigrant Visa Classification covers a broad range of visas used to enter the U.S for work, pleasure or study. Some visas allow you to attempt to obtain permanent residency (a green card) and thus not required to prove nonimmigrant intent. Most nonimmigrant visas, however, require you to establish the demonstration of nonimmigrant intent. This means you should demonstrate that you have a permanent residence in your home country that you have no intention of abandoning. The duration of time you may spend in the U.S. can range from a few days to several years, depending on the visa. In most situations, your spouse and unmarried children under the age of 21 may accompany you on a derivative visa.

There are several ways to sponsor family members to obtain permanent residency in the U.S.

Adjustment of Status (AOS): If the spouse and/or children are here in the United States, they may qualify to apply for permanent residence (a green card) without returning to the home country. The process includes filing an application with USCIS and proving your relationship is bona fide (real).

In most cases, your spouse will be able to receive work authorization from USCIS within a few months. Depending on your spouse’s status, he or she may also qualify for an advance parole document to allow travel outside the U.S. while the adjustment of status application is pending.

 

Consular Processing: A spouse and/or children abroad can apply for a visa at a U.S. Consulate in their home country.

 

Fiancée/Fiancé Visa: You can bring your fiancé(e) into the U.S. by sponsoring them for a K-1 fiancé(e) visa. Entry is allowed for 90 days to get married. After that, an application for adjustment of status (AOS) can be filed here in the U.S.

 

K-3 Visa: The K-3 visa was initially created to allow your spouse and his or her minor children to live in the United States while your immigrant petition was being processed at USCIS. It also allows them to obtain employment authorization while they are waiting.