Business
From temporary work visas to I-9 regulatory compliance, we are there with you from the beginning and can assist you with all of your employment-based immigration needs. If you are interested in hiring a foreign national, short-time or long-term, please contact us for a free assessment.
TEMPORARY VISAS
How can you obtain a temporary visas to visit, study and work in the United States? There are an array of options available to foreign nationals. The most common type of temporary visas to visit the United States are B-1 and B-2 visas and the Visa Waiver Program. Persons may study in the U.S. using F-1, M-1 and J-1 temporary visas. The most common types of temporary visas to work in the U.S. include E, H, L, O and P visas. These are just a few of the options available to foreign nationals.
Our law firm specializes in obtaining all types of visas, including those related to work, temporary visit, and study. We have successfully obtained temporary visas for several foreign nationals, and are able to advise you as to what type of visa you may qualify for.
Please contact us for a free assessment.
GREEN CARDS
Most people obtain green cards through their family, by marriage, through their employer, or by investment. Others become permanent residents through EB-5 investments, the green card lottery, and asylum.
A green card enables a person to live and work in the United States for the rest of his life as long as he does not abandon his residence by staying outside the US for too long a time or engage in conduct which renders him subject to deportation.
Whichever path you qualify for, our office can help. Please contact us for a free assessment.
ARTISTS
The O-1 nonimmigrant visa is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements. The O nonimmigrant classification is commonly referred to as: O-1A:
individuals with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television industry) O-1B: individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry O-2: individuals who will accompany an O-1, artist or athlete, to assist in a specific event or performance. For an O-1A, the O-2’s assistance must be an “integral part” of the O-1A’s activity. For an O-1B, the O-2’s assistance must be “essential” to the completion of the O-1B’s production. The O-2 worker has critical skills and experience with the O-1 that cannot be readily performed by a U.S. worker and which are essential to the successful performance of the O-1 O-3: individuals who are the spouse or children of O-1’s and O-2’s
General Eligibility Criteria
To qualify for an O-1 visa, the beneficiary must demonstrate extraordinary ability by sustained national or international acclaim and must be coming temporarily to the United States to continue work in the area of extraordinary ability.
Extraordinary ability in the fields of science, education, business or athletics means a level of expertise indicating that the person is one of the small percentage who has risen to the very top of the field of endeavor.
Extraordinary ability in the field of arts means distinction. Distinction means a high level of achievement in the field of the arts evidenced by a degree of skill and recognition substantially above that ordinarily encountered to the extent that a person described as prominent is renowned, leading, or well-known in the field of arts.
To qualify for an O-1 visa in the motion picture or television industry, the beneficiary must demonstrate extraordinary achievement evidenced by a degree of skill and recognition significantly above that ordinarily encountered to the extent the person is recognized as outstanding, notable or leading in the motion picture and/or television field.
Please contact us for a free assessment.
FAMILY CASES
Each year, several thousand people obtain lawful permanent residence in the U.S. by sponsorship through their relative or through marriage (including fiance visas).
Whether through a U.S. Citizen or Permanent Resident family member, there are a host of different paths available to families. The time-frame for obtaining permanent residency depends on the status of the sponsoring relative and their relationship to the foreign national.
Please contact us for a free assessment.
LABOR CERTIFICATION
Some immigrant visa preferences require you to already have a job offer from a U.S. employer. This employer will be considered your sponsor. For some visa categories, before the U.S. employer can submit an immigration petition to USCIS, the employer must obtain an approved labor certification from the U.S. Department of Labor (DOL).
DACA
Due to a federal court order, USCIS has resumed accepting requests to renew a grant of deferred action under DACA. USCIS is not accepting requests from individuals who have never before been granted deferred action under DACA.
H-1B
An H-1B visa is granted to an individual in order to work in a specialty occupation. The visa requires a higher education degree or its equivalent. Additionally, the position offered to the individual must be one that requires a degree. The visa is also available to fashion models of distinguished merit and ability and government-to-government research and development, or co-production projects administered by the Department of Defense.
In general, in order to qualify for H-1B status, one must meet the following requirements:
1.You must have an employer-employee relationship with the petitioning U.S. employer.
2.Your job must qualify as a specialty occupation.
3.Your job must be in a specialty occupation related to your field of study.
4.You must be paid at least the actual or prevailing wage for your occupation, whichever is higher.
5.An H-1B visa number must be available at the time of filing the petition, unless the petition is exempt from numerical limits.
Please click herefor a more detailed discussion of the H-1B requirements, and contact us for a free consultation.