Our firm represents businesses and individuals seeking temporary and permanent status for their employees or themselves.
Our services include, but are not limited to, applications for the following types of temporary visas:
H-1B – Professionals: Companies seeking to hire foreign nationals for positions that require at least a bachelor’s level of education in a specific field should consider the H-1B visa for professional occupations. In recent years, these coveted visas have been quickly used because of annual limitations on the number of available visas. H-1B visas are usually issued for 3 years, and renewable for an additional 3 years – for a total of 6 years. Note that many individuals in F-1 student status or J-1 exchange visitor status often change status to H-1B.
L-1A and L-1B – Intracompany Transferees: Multinational companies wanting to transfer an executive, manager, or employee with specialized knowledge can take advantage of the L visa for intracompany transferees. The L-1A visa, for executives and managers, is valid for up to 7 years; and the L-1B for employees with specialized knowledge is valid for 5 years.
E – Treaty Traders/Investors: Individuals from countries with whom the United States has a designated trade/investment treaty may be able to obtain an E visa based on trade or investment in the United States.
O – Extraordinary Ability Foreign Nationals: Foreign nationals with extraordinary ability in the sciences, athletics, arts, entertainment or business may qualify for the O visa. This visa is designed for individuals who have risen to the very top of their field and seek to enter the United States to continue to perform in their area of extraordinary ability.
P – Athletes and Entertainers: Athletes, performing artists and entertainers seeking to enter the United States with an itinerary for competitions, shows or performances may qualify for the P visa.
H-2A/H-2B Temporary Workers: The H-2A and H-2B visas are for temporary workers in agricultural and other industries, respectively. Temporary work is defined as a one-time project not to exceed one year, like construction work to meet the needs of a contract; or seasonal work, such as landscaping or positions in the tourism industry.
Our services include representing businesses, institutions, and individuals filing applications for permanent resident status. Common types of permanent residence application include:
PERM Labor Certification Applications: This is the standard process followed by most employers who sponsor their foreign national employees. The PERM application process requires employers to test the labor market – by advertising for the sponsored position in newspapers, placing a job order with the appropriate state Department of Labor office, informing individuals at the worksite about the application by posting a notice or informing the relevant union, and additional recruiting if the position is for a professional worker. Once an employer’s PERM application is certified, the employer files an immigrant petition with the U.S. Citizenship and Immigration Services (USCIS, formerly the INS). The employer immigrant petition is followed by the employee’s adjustment of status application (if the application is made from within the United States) or immigrant visa application (if the application is made abroad).
Optional Special Recruitment for College and University Teachers: Colleges and Universities can take advantage of a truncated version of the PERM labor certification application process outlined above. This is particularly helpful because schools can avoid some of the more burdensome aspects of the standard PERM application requirements. Furthermore, since college and university teaching positions often require at least a master’s degree, the government will classify such positions as ones for advanced degree professionals, thus qualifying the application for faster processing.
Extraordinary Ability Applicants: Individuals recognized nationally and internationally for their extraordinary ability in their field may avoid the need to file a labor certification application, and may qualify for the preference category with the fastest processing times. Individuals who meet specific criteria, which shows that they are leaders at the top of their field – in the sciences, arts, education, business or athletics – and will continue to work in their area of extraordinary ability, can be sponsored by an employer for this category, or self-petition without an employer.
Outstanding Professors and Researchers: Like applicants for extraordinary ability classification, outstanding professors and researchers may qualify for the preference category with the fastest processing times based on their international recognition for being outstanding in a specific academic field. Such individuals must have three years of experience teaching or conducting research, and seek entry for a tenure or tenure-track teaching position; comparable position to conduct research at an institution of higher education; or similar position to conduct research with a qualified private employer.
National Interest Waiver Applicants: Advance degree professionals or exceptional ability foreign nationals can also avoid the labor certification application process if they can show that their work is in the national interest. Such work must have substantial intrinsic merit; must provide a benefit national in scope; and the national interest would be adversely affected if a labor certification were required.
Multinational Executives and Managers: Executives and managers who have worked for a U.S. company’s affiliate, parent, subsidiary or branch overseas for at least one year in the three years preceding their entry to the United States may avoid the labor certification process, and benefit from the highest preference processing.
Family-Based Applications: U.S. citizens and lawful permanent residents can sponsor certain relatives for resident status. Spouses, parents (of U.S. citizens who are over 21) and unmarried children (who are under 21) of U.S. citizens receive the highest priority and are classified as immediate relatives. U.S. citizens can also sponsor their adult children and siblings. Lawful permanent residents can sponsor their spouses and unmarried children.