This first-preference visa is available to those who (a) have an extraordinary ability, (b) are an outstanding professor or researcher, or (c) are a multinational executive or manager. The PERM Labor Certification is not required for this petition.
This second preference visa is available to members of a profession holding an advanced degree or its equivalent as well as foreign nationals with exceptional ability. The PERM Labor Certification is required in most instances unless you can obtain the National Interest Waiver.
A foreign national employee may be eligible for this immigrant visa preference category if he/she is a skilled worker, professional, or other worker. The PERM Labor Certification is required for this petition.
PERM Labor Certification
Often the most time-consuming and most risky part of the employment-based immigration process
The Program Electronic Review Management (PERM) Process is required for employers petitioning under the EB-2 and EB-3 categories. Before petitioning, they must obtain a labor certification from the Department of Labor (DOL), by filing Form ETA-9089.
Through this, the DOL certifies:
(1) There is not a sufficient number of qualified U.S. workers for the open positions, and
(2) Hiring the foreign worker will not adversely affect the wages and working conditions of workers similarly situated.
Sponsor a Loved One for Legal Permanent Residence
A US Citizen (USC) may petition for his/her immediate relatives and other family members for immigrant visas. Only immediate relatives of USC’s can qualify for family-based immigrant visas immediately with no wait time. The other, more distant relatives must wait for visa availability.
Immediate Relatives are defined as: Spouses of U.S. citizens, Children (unmarried and under 21) of U.S. citizens; or Parents of U.S. citizens (The petitioning citizen must be 21 or older.)
We work with you from the beginning. We will ensure that your operating agreements are drafted and your company registration is accurately completed to protect your company from future conflicts. We will research and register your trademark for you.
We provide continued guidance in the event that you need to hire foreign nationals to meet your staffing needs.
H-1B Specialty Occupations
These visas are for those employees that work in an occupation that normally requires a bachelor’s degree or higher in a related field of study (e.g., engineers, scientists or mathematicians). H-1B Visa Applications are subject to a strict Cap of 65,000, with an additional 20,000 set aside for those with Master’s degrees or higher. The USCIS begins accepting applications on April 1 of every year.
L-1A Intra-company Transfers
Your employee may be eligible for an L-1 visa for as an “intracompany transferee” if he/she is an executive, manager, or a worker with specialized knowledge who has worked abroad for a qualifying organization (including an affiliate, parent, subsidiary or a foreign branch of your company) for at least one year within the 3 years preceding the filing of the L-1 petition.
J-1 Exchange Visitors
This visa can be used for many objectives so long as the exchange visitor applies through a Department of State-approved program. According to USCIS, these programs are designed to promote the interchange or persons, knowledge, and skills, in the fields of education, arts, and science.
This may be a more certain alternative to H-1B. Employers may apply with these programs as a “host organizations” to sponsor J-1 trainees.
F-1/M-1 Student Visas
Those seeking to enter the U.S. to pursue a course of study or to obtain a degree may obtain a student visa in order to attend a U.S. college or university. Whether you pursue a F-1 or a M-1 student visa depends on the type of degree you are seeking.
K-1 Fiancé(e) Visas
In order for the K-1 visas to be approved, the petitioner must prove that the parties have previously met in person within 2 years before filing the petition and have a bona fide intention to marry. Petitioner must marry his/her fiancé(e) within 90 days of his/her arrival in the U.S.
If you plan to take a temporary trip to the U.S., whether it is to visit friends or for tourism, this would be the right visa for you. The Department of State usually require certain evidence to show that your stay will be temporary.
Ready to become a U.S. Citizen?
Naturalization is one of the ways you can become a U.S. Citizen. You are eligible to apply for Citizenship through Naturalization if you:
- Are 18 years or older;
- Have been a permanent resident for a certain amount of time (usually 5 years or 3 years);
- Have been a person of good moral character;
- Have a basic knowledge of U.S. government;
- Have a period of continuous residence and physical presence in the United States; and
- Be able to read, write, and speak basic English.
Affirmative Asylum Applications
You may qualify if you have escaped your home country because you have suffered or fear that you will suffer persecution due to your race, religion, nationality, membership in a particular social group, or political opinion.
Affirmative Asylum applications must be filed within your first year of arriving in the U.S. However, if there are changed circumstances in your home country or extreme circumstances that had prevented you from filing, you may be excused from the late filing.