Practice Areas
Employment-Based Immigration
Treaty Traders and Investors
Investor visas are available to nationals of certain countries that have a treaty of commerce and navigation with the United States. The applicant must trade a substantial amount with the U.S., or invest in a new or existing commercial enterprise.
H-1B Specialty Occupation
A specialty occupation visa (or a change of status to an H-1B if the applicant is already in the U.S.) is for individuals who possess a bachelor’s degree or equivalent in a field related to their job opportunity and is sponsored by a U.S. employer. New H-1B applicants submit applications in April and are selected by lottery. Visas are limited to 65,000 annually and an additional 20,000 for individuals holding a Master’s degree.
Extraordinary Ability
An O-1A visa is for individuals with extraordinary ability in the sciences, arts, education, business, or athletics. The applicant must be able to demonstrate sustained national or international acclaim. The O-1B visa is available to individuals in the motional picture or television industry with “a demonstrated record of extraordinary achievement.” The qualification process for these visas is rigorous, and requires substantial documentary proof of achievement, such as through peer or industry recognition. Contact our office to find out if you qualify.
L-1A Multinational Managers and Executives
A foreign business that intends to open a U.S. office or branch, or has an existing U.S. business, may petition to transfer its executives or managers to the U.S. company. There must be common ownership of both the foreign and U.S. companies, and the foreign company must remain open and operating while the visa holder is in the United States. The L-1A may be available for an initial period of three years with two year extensions, for up to seven years. An employee who is traveling outside of the United States frequently may be able to recapture time outside of the United States during an extension.
Athletes and Performers
P-1 status (or visa) is a nonimmigrant visa for athletes or performers who are internationally recognized, either individually or as part of a team or performing group. A P-2 visa may be available to an artist or entertainer who will perform as part of an exchange program between the U.S. and a foreign organization. A P-3 visa may be available to an artist or performer coming to perform, coach, or teach in a “culturally unique” art form. Visas may also be available for essential support personnel, spouses, and children coming to join the visa holder.
Permanent Residency
For individuals that want to live permanently in the United States, there generally must be a family relationship such as a spouse or parent who will petition for them, or a company that is willing to sponsor them. If it is a company that is looking to sponsor a foreign national to become a resident, they will first need to apply for a labor certification to show that there are no U.S. workers available to fill the position. There are other paths for international managers and executives, or individuals with highly specialized skills that serve the national interest. They may qualify for permanent residency without the need for a labor certification. Contact our office for more information.
Requests for Evidence
Once you have filed an application with the government, you may receive a request for additional evidence to support your claim. Oftentimes, there is a strict deadline by which you must submit a response or have your claim denied. We work with clients to prepare and file a response to complex Requests for Evidence (RFEs).
Appeals
If you have already filed an application with the government for yourself or someone else, you may have gotten a denial. When you receive a denial letter from the government, it may include a deadline for you to respond or file an appeal. In many cases, applicants may have as little as 30 days to respond by filing an appeal. Cases filed at the consulate do not have an appeals process, but may be reviewed in certain circumstances. Contact our office to find out if we can help.
Families and Individuals
Citizenship and Naturalization
Current lawful permanent residents of the United States can apply to become naturalized citizens as early as four years and nine months from becoming a resident. Spouses of U.S. citizens can apply for naturalization as early as two years and nine months from the date of their residency. Applicants for citizenship must pass a civics test with questions related to the U.S. government and must generally be able to read, write, and understand basic English unless they can qualify for an exception to this requirement based on their age and length of residency, or a documented medical disability. Applicants must also reside continuously in the United States before they can apply for citizenship. For a full understanding of the requirements, contact our attorney.
Family-based Permanent Residency
The U.S. Department of State issues a limited number of visas each year for the families of U.S. citizens and permanent residents. The number of available visas is published online each month in the Visa Bulletin. The immediate relatives of U.S. citizens do not need to wait in line for a visa. All other family based immigrants must have a visa available for them to be eligible to apply.
An immediate relative of a U.S. citizen includes their spouse, parent, or child under age 21. The U.S. citizen must file a petition for these relatives and they can become residents or conditional residents without having to wait in line for a visa.
Other categories of immigrants that are eligible to apply based on a family relationship include:
- F1- Unmarried sons and daughters of U.S. citizens
- F2A- Spouses and children under 21 of Lawful Permanent Residents
- F2B- Unmarried children over 21 of Lawful Permanent Residents
- F3- Married children over 21 of U.S. citizens
- F4- Brothers and Sisters of Adult U.S. citizens
If the U.S. citizen or Lawful Permanent Resident applies for their child before they turn 21, they may be able to benefit from the Child Status Protection Act, which protects the child from aging out before the date of their interview. To take advantage of this, we recommend talking with our attorney to find out more.
F-1 Student Visas
The student visa (F-1 status) is for individuals coming to study at an institution of higher education in the United States, including accredited colleges and universities. These students must obtain an acceptance from the school and an approved form I-20 for international students.
Students must generally attend school full-time to maintain their student visas. After one year of study, student visa holders may qualify for a limited work authorization related to their discipline, and can work at the university or college.
After graduation, students can qualify for optional practical training, which allows them work authorization for an additional year. Students whose degrees are in a STEM field can qualify for an extension of their work visas beyond one year. STEM fields include several degrees under the umbrella of science, technology, engineering, and mathematics. For more specific questions about student visas, contact our attorney.
DACA
Deferred Action for Childhood Arrivals (the DACA program) provides individuals who arrived in the U.S. before the age of 16 and present in the United States on June 15, 2012, with the possibility to live and work in the United States without being deported.
Successful applicants can apply for work authorization, a social security number, and driver license or state ID. To qualify, the individual must be currently enrolled in school, a graduate of an accredited college or university, a recipient of the G.E.D. or high school equivalency diploma, or be an honorably discharged veteran of the U.S. armed forces. Additionally, there are criminal background requirements.
Unlike most immigration benefits, DACA is not a status or a path to permanent residency. The initial authorization lasts for two years and can be renewed. The program has allowed many individuals who were brought to the U.S. as children to continue their education or work in the U.S. To find out more, contact our attorney.
LGBTQIA+ Immigration
LGBTQIA+ identifying immigrants can have unique challenges when it comes to obtaining immigration benefits, visas, and government-issued IDs. Unfortunately, many LGBTQIA+ immigrants are vulnerable to discrimination and abuse. We provide legal services to LGBTQIA+ individuals and are here to provide compassionate, informed counsel regarding their legal rights and options.
