Areas of Practice
NON-IMMIGRANT / TEMPORARY VISAS
- B-1/B-2 Visitor's Visa
B1 - Visitor for Business; B2 - Visitor for Pleasure
The B-1 is a temporary visa for a business purpose and the B-2 is a tourist visa.
One cannot be employed in the U.S. on a visitor's visa. Although one can make any number of trips into the United States, the length of each visit is limited to six months. After six months, one must either leave or apply for an extension of stay.
- E1 - Treaty Trader; E2 - Treaty Investor
The E-1 visa is issued to treaty traders and the E-2 visa to treaty investors. Visas, however, are available only to nationals of countries having trade treaties with the United States.
Visas are available to accompanying relatives.
- F1 - Academic Student
The F-1 visa is issued to a full-time academic or language student enrolled in a program leading to a Degree or Certificate.The visa covers a period of practical training in the student's field of study.
- H1B - Specialty Occupation.
This visa is available to those coming to the U.S. to perform services in a specialty occupation with a college degree or its equivalent in work experience. The person must have a job offer from an U.S. employer and must be paid at least the prevailing wage for that type of job in that area. The employer must have filed a labor attestation with the Department of Labor and the employee must have the correct background for the job.
- H2B - Other Temporary Labor
This visa is for skilled and non-skilled workers. To obtain this visa, no qualified U.S. workers must be available to do that work.
Consequently, a Labor Certification is required.
- H3 - Trainee
This visa is available to foreigners coming to the U.S.
for on-the-job training at an American Company. The training must be unavailable
in the foreign country and must further the career of the trainee.
- I - Representatives of Media
- J - Exchange Vistor
The J-1 visa (exchange visitor's visa) is available to students, scholars, trainees, teachers, professors, research assistants, medical graduates or International visitors.
- K - Fiance/e of US Citizen
A Fiance(e) of a U.S. citizen is eligible for a K-1 visa
for the sole purpose of marrying the U.S. citizen.
The visa is valid for 90 days. If the marriage does not
take place within the 90-day period the fiance/e must
leave the United States.
- L - Intra Company Transferee
A person can receive an L-1 visa and be transferred to
the United States and work legally for a U.S.
Company. The U.S. Company, however, must be a branch,
subsidiary, affiliate or joint venture partner of a
Company that already employs that person outside the
United States. If the L-1 visa is granted for an executive or
managerial position, permanent residence may be obtained without a labor certification.
- M - Vocational Student
This visa is for a person coming to the United States as a full-time vocational or non-academic student enrolled in a program leading to a Degree or Certificate.
- O1, O2 - Extraordinary Ability
O-1 visas are available to foreign nationals of proven extraordinary ability in the sciences, arts, education, business or athletics. 0-2 visas are available to essential support staff of athletes and entertainers only.
- P1, P2, P3 - Athletes and Group Entertainers
P1 visas are available to athletes and entertainers. P2 visas are available
to artists and entertainers who come to the U.S. to perform under a reciprocal
exchange program. There is a lot of overlap, however, between the uses
and qualifications for O & P visas.
- R - Religious Workers
The R-1 visa is available to a person who has been a member of
a legitimate religious denomination for at least two
years and has a job offer in the U.S. to work for an
affiliate of that religious organization. Both lay
workers and members of the clergy are eligible to apply.
- Dependents of the above
- Other Non-Immigrant categories
- EMPLOYMENT BASED
- EB1 - First Preference
A. Persons of Extraordinary Ability
B. Outstanding Professors and Researchers
C. Multinational Executives and Managers
No labor certification is required in these sub-categories. To apply for
a green card as a priority worker under sub-category (B) & (C) one
needs a job offer from a U.S. employer, but under sub-category (A) one
does not need a job offer.
- EB2 - Second Preference
This category is for professionals holding advanced degrees and for persons of exceptional ability in the sciences, arts or business. Except in some cases one must have a definite job offer from a United States employer. Labor certifications are normally required for this category. If one can show that his/her entry is in the national interest, the job
offer and Labor Certification requirements may be waived.
- EB3 - Third Preference
Professionals, skilled workers and non-skilled workers fall under this category. Labor certifications are required and no national interest waiver is available.
- EB4 - Fourth Preference - Special Immigrants
Religious Workers, including ministers and religious professionals are included in this category.This preference also includes various other categories of workers.
- EB5 - Fifth Preference - Investors
Green cards through investment are available to anyone who invests $1 million in creating a new U.S. business or expanding one that already exists.The business must employ at least 10 full-time American workers. The amount of investment may be reduced to $500,000 if the business is located in a rural area or in an urban area with an unemployment rate certified by the State Government to be at least 150% greater than the national average. Green cards for investors are limited to 10,000 visas per year with 3,000 of those reserved for those in rural or high unemployment urban areas.
- FAMILY BASED
- Immediate relatives- The following qualify as immediate relatives of U.S. citizens:
(a) Spouses including widows and widowers of U.S. citizens if they were married to the U. S. citizen for at least 2 years and are applying for a green card within 2 years of the U.S. citizen's death;
(b) Unmarried people under the age of 21 who have at least one U.S. citizen parent;
(c) Parents of U.S. citizens if the U.S. citizen child is over the age
- First Preference -Unmarried people, any age, who have at least
one citizen parent.
- Second Preference -
2a. Spouses and children under 21 years of age of lawful permanent residents (green card holders).
2b. Unmarried children of green card holders who are at least 21 years of age.
- Third Preference - Married children of US citizens.
- Fourth Preference - Brothers and sisters of US citizens.
- DIVERSITY VISA - (the "Green Card Lottery") 55,000 green cards are given out every year under the lottery program.They
are given to persons from countries that in recent years have had the lowest
number of immigrants to the U.S.
- REFUGEE/ASYLEE To qualify as a refugee or asylee a person must have experienced persecution
(serious threat to life or freedom) in the past or have a well-founded
fear of persecution in the future, in his/her home country.
- CITIZENSHIP APPLICATIONS To qualify for Citizenship a person must be a green card holder (with
rare exceptions) and must have lived in the U.S. for 5 years, prior to
the Application. Half of the 5 years must be spent physically inside U.S.
- LEGAL REPRESENTATION AND CONSULAR PRACTICE Representation before the INS throughout the United States and U.S. Consulates
worldwide is available.
PERSONAL INJURY (including injuries sustained in accidents & as a result of medical
malpractice), DIVORCE & REAL ESTATE.