Immigration through Employment or Investment
There are numerous ways to work lawfully in one’s profession in the United States, whether you’re an individual seeking to immigrate or a company seeking to expand overseas. We can help guide you to the one that is appropriate for you or your company’s employees, depending on your specific circumstances.
Temporary Work Visa Applications
- Post-Completion Optional Practical Training (“OPT”) – upon completion of an academic program in F-1 status, students may apply for OPT to obtain employment authorization to work in their field.
- E-2 – for investors who are citizens of countries with bilateral treaties with the U.S., who have made or are actively in the process of making a substantial investment in the U.S. relative to the type of business being established or purchased.
- E-3 – for Australians to work in a specialty occupation (requiring a bachelor’s degree or higher) for which the person possesses the required degree and experience.
- H-1B – to work in a specialty occupation (requiring a bachelor’s degree or higher). Only 65,000 new H-1B visas are available each year, plus an additional 20,000 for persons who obtained a master’s degree or higher at a non-profit U.S. academic institution.
- H-3 – to receive training that is unavailable in one’s home country or to participate in an exchange visitor program for practical training in the education of children with special needs.
- L-1A and L-1B – to transfer executives, managers and employees with specialized knowledge from a foreign entity to work in the U.S. for a related entity.
- O-1 – for persons of extraordinary ability in the sciences, arts, education, business, athletics, or movie and television industry.
- TN NAFTA Professionals – for Canadians and Mexicans to work in professions such as accountants, architects, computer systems analysts, doctors, engineers, pharmacists, scientists, teachers and veterinarians.
Permanent Employment Based Green Card Applications
- EB-1 – For persons with extraordinary ability, outstanding professors or researchers, multinational managers or executives. No Labor Certification (PERM) required.
- EB-2 – For members of a profession requiring an advanced degree, persons with exceptional ability, or persons seeking a national interest waiver. Most require a Labor Certification (PERM).
- EB-3 – For skilled workers, professionals with bachelor’s degrees, or unskilled workers. Requires a Labor Certification (PERM).
- EB-5 – For persons who have invested at least $1,000,000 USD (or $500,000 in targeted employment areas) in a new commercial enterprise which will create at least ten full-time positions for U.S. workers. No PERM required.
Family Immigration
We are especially passionate about family immigration and work tirelessly on your behalf through the appropriate option to reach a resolution.
Petitions for Relatives
- Fiancée visas – A U.S. Citizen may sponsor his/her fiancée and the fiancée’s unmarried children under 21 to obtain a K-1 visa (K-2 for children) to enter the United States prior to marriage. Must marry within 90 days and apply for a green card through adjustment of status.
- I-130 Petitions – A U.S. Citizen may sponsor his/her spouse, parents, children, adult sons and daughters and siblings for permanent residence. Lawful Permanent Residents may also file I-130 Petitions for their spouses, children and adult sons and daughters.
Adjustment of Status Applications
Applications for a green card filed within the United States, based on an approved, pending, or simultaneously filed I-130 Petition for Alien Relative.
Consular Processing Immigrant Visas
The process through which a person who is the beneficiary of an approved I-130 Petition obtains an immigrant visa by attending an interview at a U.S. Embassy or Consulate abroad. Upon entering the U.S. on an immigrant visa, a person will be a permanent resident.
Waivers of Inadmissibility
- I-212 – To request forgiveness for a prior removal or deportation from the U.S.
- I-601 – To request forgiveness for fraud, misrepresentations and crimes involving moral turpitude.
- I-601A Provisional Waivers – To forgive anticipated unlawful presence where the beneficiary of an approved I-130 is not eligible to adjust status in the U.S.
- I-751 Removal of Conditions – For persons who obtained green cards through marriage when married for less than two years.
Students and Recent Graduates
- F-1 – for full-time students in an academic or a language program.
- J-1 – for college students and recent graduates to participate in an exchange or training program, and for medical students.
- M-1 – for students in vocational or nonacademic programs.
Religious Workers
R-1 Non-Immigrant Visa – A temporary visa for persons in religious vocations or occupations (such as ministers and nuns) to serve at least 20 hours per week within the religious institution. The petitioning religious institution must be a non-profit organization and the individual must have been a member of the religious denomination for at least two years prior to filing.
EB-4 Religious Worker Immigrant Petition – The religious institution files an I-360 Petition for Religious Worker to obtain permanent residence. The Religious Worker must have served in a religious vocation or occupation for at least two years prior to the I-360 filing, the institution must be a non-profit, and the offered position must be full-time. There is no limit on I-360 petitions for ministers; a 5,000 annual cap applies to non-ministers.
Victims of Abuse, Persecution and Children
Abuse and Crime Victims
A person may self-petition for a green card based on abuse under the Violence Against Women Act (“VAWA”). Both men and women who suffered abuse or extreme cruelty from their U.S. Citizen or Lawful Permanent Resident spouses are eligible if they married in good faith and resided in the United States with the abuser.
T or U Visas are available for persons who have been victims of certain crimes including domestic violence, assault, human trafficking, indentured servitude, and rape, who cooperate with law enforcement. After approximately three years the victim may apply for a green card.
Asylum, Withholding of Removal and CAT
Persons who suffered past persecution or have a well-founded fear of future persecution based on their race, religion, nationality, membership in a particular social group or political opinion may be eligible for asylum. Applications must generally be filed within one year of entering the United States.
Special Immigrant Juveniles (SIJ)
Children under 21 who have been abused, neglected or abandoned by one or both parents may be eligible to apply for a green card under SIJ status following a special findings order from a court with child custody jurisdiction.
DACA
DACA provides protection against removal and work authorization for persons who came to the U.S. prior to their 16th birthday and have resided in the U.S. continuously since June 15, 2007, among other requirements. USCIS is currently only accepting renewal applications for people already granted DACA status.
U.S. Citizenship and Naturalization
Citizenship
Persons born to U.S. Citizens or born in the United States are U.S. Citizens at birth. A minor who is a lawful permanent resident and resides with his or her custodial parent will acquire U.S. citizenship automatically if the parent naturalizes the minor before his/her 18th birthday.
Naturalization
The process for foreign nationals to apply for and be granted U.S. Citizenship. Applicants must be at least 18 years old and demonstrate good moral character, an ability to read and write in English, and knowledge of U.S. history and civics. Usually a person must have been a lawful permanent resident for five years, but spouses of U.S. Citizens and persons who obtained green cards as abused spouses can apply after three years. Certain military members qualify to naturalize on an expedited basis.
Removal Defense Appeals and Federal Litigation
Removal Defense
Persons placed in removal proceedings have the right to defend themselves and prove that they qualify for relief from removal. Some relief options include:
- Adjustment of Status – Immigration judges may grant persons in removal proceedings a green card in certain circumstances.
- Asylum – Available even during deportation proceedings. Must generally apply within one year of entry.
- Cancellation of Removal (EOIR 42A) – For Lawful Permanent Residents who become deportable due to certain criminal convictions. Must have 7 years U.S. presence and 5 years as a green card holder.
- Cancellation of Removal (EOIR 42B) – For non-permanent residents with at least 10 years U.S. presence and a qualifying U.S. Citizen or LPR family member who would suffer exceptional and extremely unusual hardship.
- Termination of proceedings – May be appropriate where the Notice to Appear is defective or improperly filed.
Appeals
If an immigration judge has denied your case, you may appeal to the Board of Immigration Appeals (BIA). If the BIA dismisses your appeal, you may file a motion to reopen or reconsider your case, and/or file a Petition for Review with a U.S. Court of Appeals.
Federal Litigation
If your case has been pending with USCIS for an excessive amount of time or if USCIS has made a decision contrary to the law, you may file a lawsuit (Writ of Mandamus or APA Claim) in a U.S. District Court.
Additional Services
- Power of Attorney
- Personal Injury / Car Accidents
- Uncontested Divorces
