NON IMMIGRANT VISA
Generally, a citizen of a foreign country who
wishes to enter the United States must first obtain a visa,
either a nonimmigrant visa for temporary stay or an immigrant
visa for permanent residence. Non-immigrant visas, unlike
immigrant visas, allow a person to enter the U.S. for a
temporary period of time and are restricted to the activity
consistent with the visa.
B visa for visitors
The visitor visa is a nonimmigrant visa for
persons desiring to enter the United States temporarily for
business (B-1) or for pleasure or medical treatment (B-2). A
B-1 visa is available to foreigners visiting the United States
to conduct business. A B-2 visa is available for foreign
persons visiting the United States for pleasure. Citizens of
certain countries are exempt for 90 days under the Visa Waiver
Program.
E visa for traders/investors
E visas are issued pursuant to bilateral
treaties of friendship, commerce, and navigation between the
United States and various countries. The E-1 classification is
authorized for a national of a country with which the United
States has a commercial treaty, who is coming to the U.S.
solely to engage in trade of a substantial nature principally
between the U.S. and the applicant's country of
nationality.
The E-2 classification is authorized for a
national of a country with which the United States has a
commercial treaty, who is coming to the United States solely
to direct and develop the operations of an enterprise in which
he or she has invested, or is actively involved in the process
of investing a substantial amount of capital.
F visa for students
The Immigration and Nationality Act provides
two nonimmigrant visa categories for persons wishing to study
in the United States. The "F" visa is reserved for non
immigrants wishing to pursue academic studies and/or language
training programs, and the "M" visa is reserved for non
immigrants wishing to pursue nonacademic or vocational
studies.
J visas for Exchange Program
Participants
A J-1 visa is issued to applicants who have
been accepted to participate in exchange visitor programs
designated by the United States Information Agency ("USIA").
This may include students, scholars, trainees, teachers,
professors, specialists, foreign medical graduates,
international visitors, government visitors, camp counselors,
au pairs, and participants in summer travel/work
programs.
K visas for Fiancés
Fiancés wishing to visit or live with their
respective partners will need a K-1 visa that enables them to
receive the proper authorization to remain in the United
States based on their social status. K-1 visas are usually
straightforward and simple to obtain provided there is proof
of the relationship.
L visas for Transferee Employees
Global multinational corporations are
constantly transferring their staff from abroad to their U.S.
workplaces. The L category allows the transfer of key
employees to the U.S. from affiliated companies abroad for
temporary periods. To qualify, the applicant must be working
in a capacity as a manager, executive (L-1A) or in a position
that requires specialized knowledge (L-1B).
H visas for Professional Employees
The H-1B visa is for workers in specialty
occupations. Examples of specialty occupations are
professional positions in the fields of Architecture,
Computers, Engineering, Mathematics, Physical sciences,
Medicine, Education, Business, Accounting, Law, and the Arts.
Generally, the H-1B visa is available for those workers who
have a bachelor's degree in a technical field who will be
working in a technical position that requires an undergraduate
degree. Individuals who do not have an undergraduate degree
may utilize their experience (at least 12 years experience in
the specialty field) to compensate for any years unfinished in
their undergraduate education.
TN visas for Canadians and Mexicans
The TN visas are also temporary work visas.
The TN status is for Canadians and Mexican persons engaged in
activities at a professional level. This category is similar
to the H-1B except there is no statutory limitation on stay
such as exists for Hs and Ls, and it generally covers a
broader range of occupations. The applicant must fit within a
specific group of professional occupations listed in NAFTA
(e.g. lawyers, biologists, accountants, interior designers).
In almost all cases, a degree or license is
required.
IMMIGRANT VISAS
Immigrant visas (or "Green Cards") enable a
person to live and work in the United States indefinitely. A
person may obtain a green card by being sponsored by their
employers or their relatives.
EMPLOYMENT-BASED GREEN CARDS
The U.S. Congress has designated certain
groups to which it gives preference for immigrating to the
United States based on employment. These groups of individuals
are divided into five categories in order of preference. The
first employment-based preference, usually requiring an offer
of employment in the United States, includes: managers and
executives subject to international transfer to the United
States; outstanding professors and researchers with
universities or private employers that have established
research departments; persons of "extraordinary ability" in
the sciences, arts, education, business, and athletics. The
second employment-based preference includes: persons of
"exceptional ability" in the sciences, arts; business
advanced-degree professionals; or national interest waivers.
Normally, for second employment-based categories, a labor
certification and a job offer is required; however, these
requirements are waived if applying for the national interest
category. National interest waivers have become an important
feature of second preference cases.
The third employment-based preference
includes: professionals with bachelor's degrees not qualifying
in the second preference; skilled workers (filling positions
requiring at least two years of training and experience); and
unskilled workers. Both labor certification and an offer of
employment are required. Only 10,000 visas of the annual
allotment may be assigned to unskilled workers, effectively
creating a separate sub preference. The fourth
employment-based preference includes certain special
immigrants, including religious workers. The fifth
employment-based preference includes investment-based green
cards for individuals seeking to enter the U.S. to engage in a
new commercial enterprise. The individual must prove that
he/she has invested or is actively in the process of investing
at least $1,000,000, or $500,000 in a targeted employment area
(a rural area or an area with high unemployment), in a
business which will benefit the U.S. economy and create
full-time employment for no less than ten U.S. citizen or
immigrant workers.
1. Persons of Extraordinary Ability
2. Please contact us for a detailed review of
your case.
3. Persons with Advanced Degrees or
"Exceptional Ability"
Please contact us for a detailed review of
your case.
National Interest Waivers
Normally, if an applicant qualifies for the
second employment-based category (holding an Advanced Degree
and Persons with Exceptional Ability in the Arts, Sciences and
Business), the labor certification is required. However, a
limited exception exists if the employment is in the "national
interest" of the United States.
Please contact us for a detailed review of
your case.
Investment-Based Green Cards
Please contact us for a detailed review of
your case.
LABOUR CERTIFICATION
An employer must file a labor certification as
a prerequisite for obtaining a green card for an employee
whose eligibility is based on a job offer. Labor
Certifications are specific to the employer, job opportunity,
and geographic location stated on the original application.
The certifying officer may reduce partially or completely the
employer's recruitment efforts through the State employment
service by decreasing the number of days that the job
advertisement must run. The requirement for posting the job
opportunity may also be reduced partially or completely. This
provision, Reduction in Recruitment, may be exercised when it
is clear to the certifying officer that the labor market has
been adequately tested.
FAMILY-BASED GREEN CARDS
Another major avenue by which individuals can
obtain a green card is through a family member. Certain family
member relationships are more advantageous than others in
obtaining a green card. An applicant may have more than one
green card option available due to multiple familial
relationships. Thus, it is important to evaluate all the
possible routes to determine the most time-efficient
one.
Spouses
A person who marries a U.S. citizen can obtain
a green card. If the marriage was entered into within 2 years,
the person will receive "conditional permanent residence".
This means that the permanent resident status can be
terminated if, within two years after the permanent resident
status is granted, the marriage is annulled, ends in divorce,
or was completely fraudulent. On the other hand, if the
marriage is not doing well so that the couple is not together,
so long as they are not legally separated, the marriage is
still considered "valid" for green card purposes.
Parents
Permanent residency can also be obtained for
parents of U.S. citizens. There is a two-step process for a
parent to become a legal immigrant. First, the USCIS must
approve an immigrant visa petition. Second, if the parent is
outside the United States, he/she will be notified to go to
the local U.S. consulate to complete the processing for an
immigrant visa. If inside the U.S., he or she may apply to
adjust his or her status to that of a lawful permanent
resident.
Siblings
Permanent residency can also be obtained for
siblings of U.S. citizens. There is a three-step process for a
brother or sister to become a legal immigrant. First, the
USCIS must approve an immigrant visa petition. Second, the
State Department visa bulletin must show that a sibling
immigrant visa is available to your sibling, based on the date
that you filed with the immigrant visa application. Third, if
the brother or sister is outside the United States when an
immigrant visa number becomes available, he/she will be
notified to go to the local U.S. consulate to complete the
processing for an immigrant visa.
APPEALS
All immigration applications must be
accompanied with the appropriate evidence. The failure to
provide sufficient evidence will often result in a "Request
for Evidence", delay and/or a denial of the visa.
Our firm not only drafts applications, but
also works with an applicant to help organize evidence in
support of an application. Each application requires different
evidence based upon the types of visa.
U.S. CONSULATE
SERVICES
We also deliver U.S. visa services where
applicable. Our services include assistance with applications
to U.S. embassies worldwide and visa application interviews.
We strive to deliver timely and complete advice pertaining to
consulate matters.
U.S. Supreme Court
Opinions
Our searchable database of the Supreme Court
decisions since 1893 (U.S. Supreme Court Decisions: US Reports
150-, 1893-). Browsable by year and US Reports volume number
and searchable by citation, case title and full text.
International Lawyers & Immigration
Solicitors 
