EMPLOYMENT BASED IMMIGRATION

U.S. immigration law provides aliens with a variety of ways to become lawful permanent residents (get a Green Card) through employment in the United States. These employment-based (EB) “preference immigrant” categories include:

• First preference (EB-1) – priority workers
  • Aliens with extraordinary ability in the sciences, arts, education, business, or athletics;
  • Outstanding professors and researchers; or
  • Certain multinational managers and executives.
• Second preference (EB-2) – aliens who are members of the professions holding advanced degrees or who have exceptional ability (including requests for national interest waivers).
• Third preference (EB-3) – skilled workers, professionals, or other workers.

B1,B1, F1,E1,E2, H1B, L1, J1, O1 NON-IMMIGRANT VISAS

There are many non-immigrant intent visas available to come and work in the U.S. You may qualify for more than one of the visa classifications so it is in your best interest to go through your options with an immigration lawyer before filing any immigration application. If you are planning to work or study in the U.S. for a set period of time, a non-immigrant visa may be the best option for you. We can help you with preparation and filings for:

• E-1 and E-2 (treaty trader and treaty investor visa)
• F-1 (student visa)
• H-1B, H-2B, and H-3 (temporary worker categories)
• J-1 (exchange visitor)
• L-1 (intracompany transferee)
• O-1 (alien of extraordinary ability)

E2,E1, EB-5 INVESTOR VISAS

The most known investor visa classification is the EB-5 visa program, which is available to those who make qualifying capital investments into new or certain existing U.S. businesses. Up to 10,000 applicants could qualify for immigrant visas under the EB-5 program each year. If you are considering applying for immigration as a foreign investor, simply putting money into an existing business or investment opportunity is likely not adequate to qualify you to move forward. We can help you file an EB-5 Regional Center Designation and Business Plan Compliance Review, ensuring you have a solid business plan that will meet the expectations of the U.S. government.

However, E2 Treaty Investor and E1 Treaty Trader visas could be great options if you don’t have the higher investment required for EB2. We can help you to determine the capital needed to qualify you under these visa categories.

FAMILY BASED IMMIGRATION

U.S. immigration law allows certain aliens who are family members of U.S. citizens and lawful permanent residents to become lawful permanent residents (get a Green Card) based on specific family relationships. If you are the spouse, minor child or parent of a U.S. citizen, you may apply for a Green Card.

Other family members eligible to apply for a Green Card are described as follows:

• First preference (F1) – unmarried sons and daughters (21 years of age and older) of U.S. citizens;
• Second preference (F2A) – spouses and children (unmarried and under 21 years of age) of lawful permanent residents;
• Second preference (F2B) – unmarried sons and daughters (21 years of age and older) of lawful permanent residents;
• Third preference (F3) – married sons and daughters of U.S. citizens; and
• Fourth preference (F4) – brothers and sisters of U.S. citizens (if the U.S. citizen is 21 years of age and older).

ADJUSTMENT OF STATUS

Adjustment of status is the process that you can use to apply for lawful permanent resident status (also known as applying for a Green Card) when you are present in the United States.

This means that you may get a Green Card without having to return to your home country to complete visa processing.

U.S. immigration laws provide a variety of ways for people to apply for a Green Card. The eligibility requirements for adjustment of status may vary depending on the immigrant category you are applying under. The first step in the adjustment of status process is to determine if you fit into a specific immigrant category.

Most people who apply for a Green Card will need to complete at least two forms—an immigrant petition and a Green Card application. Someone else usually must file the petition for you (often referred to as sponsoring or petitioning for you), although you may be eligible to file for yourself in some cases. Also, In general, you may not file your Form I-485 until a visa is available in your category. 

K-1 FIANCE VISA

If you are a U.S. citizen who wants to bring your foreign fiancé(e) to the United States in order to get married, you will need to file a Form I-129F, Petition For Alien Fiancé(e). This is the first step to obtaining a K-1 nonimmigrant visa for your fiancé(e). The K-1 nonimmigrant visa is also known as a fiancé(e) visa.

In order to obtain a K-1 fiancé(e) visa, you and your fiancé(e) must intend to marry each other within 90 days of your fiancé(e) entering the U.S as a K-1 nonimmigrant. Your marriage must be valid, meaning both you and your fiancé(e) have a bona fide intent to establish a life together and the marriage is not for the sole purpose of obtaining an immigration benefit.

If your fiancé(e) marries you within 90 days of being admitted to the United States as a K-1 nonimmigrant, he or she may apply for lawful permanent resident status in the United States (a Green Card).

CITIZENSHIP APPLICATION

Citizenship is a unique bond that unites people around civic ideals and a belief in the rights and freedoms guaranteed by the U.S. Constitution. 

Deciding to become a U.S. citizen is one of the most important decisions an immigrant can make. Depending on your situation, there may be different ways to obtain citizenship. 

• Naturalization is the process by which U.S. citizenship is granted to a lawful permanent resident after meeting the requirements established by Congress in the Immigration and Nationality Act (INA).
• Acquisition of citizenship is obtained through U.S. citizenship parents either at birth or after birth, but before the age of 18.

F1, J1, M1 VISAS

If you would like to study as a full-time student in the United States, you will generally need a student visa. We can counsel you and submit your application through consular processing (if you are outside the U.S.) or can file your application by requesting a change of status (if you are already in the U.S.). There are two nonimmigrant visa categories for persons wishing to study in the United States. These visas are commonly known as the F and M visas.You may enter in the F-1 or M-1 visa category provided you meet the following criteria:

• You must be enrolled in an “academic” educational program, a language-training program, or a vocational program
• Your school must be approved by the Student and Exchange Visitors Program, Immigration & Customs Enforcement
• You must be enrolled as a full-time student at the institution
• You must be proficient in English or be enrolled in courses leading to English proficiency
• You must have sufficient funds available for self-support during the entire proposed course of study
• You must maintain a residence abroad which you have no intention of giving up.

OTHER VISA CATEGORIES.

Immigration can easily become a very complicated and expensive process. We are not only collecting your documents and submitting your application but we counsel you to develop a plan to reach your goals as easily and cost-efficiently as possible.