Immigration Nationality Law

We handle I-140 petitions for workers in EB-1, EB-2, and EB-3 preference categories, including skilled and unskilled workers; professionals and multinational executives; outstanding professors, researchers, and people with advanced degrees; workers of extraordinary or exceptional ability; or where it is the national interest to grant a waiver.

Each category requires different forms of evidence and documentation to be presented in the proper format in order to establish eligibility for an immigrant visa.

B-1 visa: Temporary Visitors for Business
E-3 visa: Australians in specialty occupation
H-1B visa: Specialty Occupation
H-2A visa: Agricultural visa
H-2B visa: Seasonal/Temporary workers
H-3 visa: Trainees
H-4 visa: Immediate family members of H-1, H-2 or H-3 visa holders
L-1A visa: Intracompany Transferee
L-1B visa: Specialty Occupation
L-2 visa: Immediate Family of L-1A and L-1B visa holders
M-1 visa: Vocational Student
M-2 visa: Immediate Family of Vocational Student
O-1 visa: Persons with extraordinary ability in sciences, arts, education, business or athletics
O-2 visa: Essential support staff of O-1 visa holders
O-3 visa: Immediate Family of O visa holders
P-1 visa: Internationally recognized athletes and entertainers and their support staff
P-2 visa: Entertainers coming to perform in the U.S. through a government recognized exchange program
P-3 visa: Artists and entertainers coming to the U.S. in a group for the purpose of presenting culturally unique performances
P-4 visa: Immediate Family of P-1, P-2, and P-3 visa holders
R-1 visa: Ministers and other workers of recognized religions
R-2 visa: Immediate Family of R-1 visa holders
NAFTA (TN) visa: Mexican and Canadian Professional Worker

The Employment Based Fifth Preference Category, or EB-5, was created to attract foreign capital to the United States in order to create more job opportunities and benefit the U.S. economy. There are 10,000 EB-5 immigrant visas available annually. In 1992 and regularly reauthorized since then, 3,000 EB-5 visas are also set aside for investors in Regional Centers designated by USCIS based on proposals for promoting economic growth.

There are two distinct EB-5 pathways for an immigrant investor to gain lawful permanent residence for themselves and their immediate family—the Basic Program and the Regional Center Pilot Program. We are here to assist in determining if the EB-5 Investor Visa is the right visa for your immigration goals.

As the name implies, a permanent labor certification (PERM) allows an employer to hire a foreign worker to work permanently in the United States. Obtaining a PERM requires approval from the Department of Labor’s Employment and Training Administration (DOLETA) as well as Citizenship and Immigration Services (CIS). This process involves multiple steps and detailed petitions and applications, including a showing that the employer has recruited American workers for the job but has been unable to fill the position with able, willing, and qualified workers.

Even if DOL approves the certification, the employer must still file a petition (I-140) with CIS to complete the process. We help employers navigate the entire process from start to finish, preparing, reviewing and filing documentation, and interacting with government agency officials as necessary.

A great deal of our practice focuses on the representation of athletes and artists in the entertainment industry. We have successfully obtained First Preference EB-1 visas for singers, actors and actresses, as well as leading scientists and business persons around the world. We help these individuals with self-petitions for permanent residency, O and P non-immigrant petitions, or by seeking national interest waivers where appropriate.

Along with employment-based immigrant visas, family-based immigrant visas are a popular tool for achieving lawful permanent residence. However, outside of the immediate family, the ability to bring in other others is severely limited by a strict quota system. Still, spouses, parents, children and siblings, including stepchildren and half-siblings, stand a good chance of immigrating relatively quickly if the proper procedure is filed.

Immigrant visa petitions are treated differently, such as whether they belong in the preference system or not and what preference they are given, based upon a host of factors including the family relationship involved and whether the petitioner is a U.S. citizen or a lawful permanent resident.

This law, passed in 1994 and updated in 2000 by the Battered Immigrant Women’s Protection Act, allows noncitizens who have been battered to obtain lawful permanent residence in certain circumstances. VAWA allows the abused spouse to bypass the normal petition process which is initiated by the citizen/resident spouse and allows the abused spouse to “self-petition” without the knowledge of the abusive spouse. Persons who do not qualify for residence under VAWA may nevertheless qualify for a U-visa, which allows crime victims, including victims of domestic abuse, to obtain legal status.

Through a K-1 nonimmigrant visa, an individual may travel to the United States in order to marry a United States citizen. Obtaining this visa requires filing an I-129F fiancé(e) petition with the National Visa Center and applying for a visa from the U.S. Embassy or Consulate. A medical examination, proof of financial support, and a host of other documentation will be required. The marriage should take place within 90 days of arrival, after which the visa holder may apply for permanent residency through an adjustment of status proceeding. Eligible children may accompany their parent by obtaining K-2 visas.

It sometimes happens that minor children applying for immigration benefits turn 21 years old (age out) before their application is processed due to delays at CIS or the State Department. In those situations, the CSPA may operate to retain that eligibility and protect the individual’s application status. Obtaining CSPA protection can be a complex and involved ordeal. Even determining whether CSPA applies in a given situation is a complicated process

Our firm is extremely experienced in handling Naturalization cases which include complex issues such as obtaining medical exemptions, language exemptions, past criminal records, DUI records, and issues with eligibility. We have successfully assisted our clients in obtaining their citizenship and our attorneys attend their naturalization interviews with each of them.