Areas of Representation

Nonimmigrant and Immigrant visas

Foreign nationals seeking to enter the U.S. must typically obtain a visa. Visas may be divided into two general categories: immigrant and nonimmigrant. Immigrant visas are issued to aliens seeking permanent residence in the U.S., while nonimmigrant visas authorize you to stay for a limited period of time with a specific purpose.

Nonimmigrant visas

A nonimmigrant visa allows you to travel to the United States for a specific purpose without intent to remain. Here are a few of the most common nonimmigrant visas:

B-1: Business visitors B-2: General tourist

ESTA: Visa Waiver for B-1/B-2 purposes
Temporary visit lasting no more than 90 days

F-1: International Students, main purpose is to study, students may obtain a work authorization but is limited (CPT/OPT/STEM OPT)

J-1: Interns/Trainees/Research Scholars
DS-2019 will be issued by an organization designated by the US Department of State
Must provide a training plan
Interns enrolled in school can come for up to 12 months
Trainees are those recently graduated from an institutions outside of the US can come for up to 18 months
The time allowed for Research Scholars vary depending on the field
In some cases applicants may be subject to the two-year home residency requirement

H-3: Trainees
It allows foreign nationals to enter the U.S. for training purposes of up to two years.
The goal is for these individuals to obtain valuable skills that are not available at home and to apply these skills towards a career abroad.

H-1B: Specialty Occupation (Limited to 6 years)
Limited number of H-1B visas given per year (85,000)
Requirements: U.S. Employer, Specialty Occupation, Qualified Beneficiary, Required Wage

Treaty Professionals: all these options required an employer
TN NAFTA VISA: Canadian and Mexican Professionals
E-3: Australian
H-1B1: Singaporeans and Chileans

H-2B: The H-2B program allows U.S. employers or U.S. agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary nonagricultural jobs.

E-1: Treaty Traders
Specific treaty between U.S. and foreign national’s citizenship country
U.S. company owned at least 50% by treaty nationals
Substantial trade between U.S. and treaty country, defined as > 51%

E-2: Treaty Investors
Specific treaty between the U.S. and foreign national’s citizenship country
U.S. company owned at least 50% by treaty nationals
Investment – “Substantial” investment that has been invested or in process, and it must be placed at risk.
Marginality Test

L-1: Intracompany Transferee (Limited to 5 or 7 years)
Qualifying Corporate Relationship
Qualifying Employment Abroad: Executive/Manager or Specialized Knowledge
Qualifying Employment in the U.S.: Executive/Manager (L-1A) or Specialized Knowledge (L-1B)
*Opening a New Office

O-1A: The O-1A non-immigrant visa is available to foreign nationals who have “extraordinary ability” in the sciences, education, business, or athletics, which has been demonstrated by sustained national or international acclaim.  A foreign national who qualifies for this visa designation must be “one of the small percentage of individuals who have risen to the very top of his/her field of endeavor.” The O-1A visa is a nonimmigrant visa (does not lead to permanent resident/green card status), and is intended to benefit an individual who is coming temporarily to the United States to work in the area of his/her extraordinary ability. The visa is typically granted for an initial period of three years, and is renewable for one-year periods, so long as the visa holder continues to work in the area of his/her expertise.  While the O-1A visa does not lead to permanent residency, some O-1 visa holders will later apply for an EB-1 immigrant visa, which does grant permanent residency.

Immigrant Classifications

• Family-Based
Marriage
U.S. Citizens as Petitioners
Legal Permanent Residents as Petitioners

• Employment-Based
Labor Certification Application
Multinational Managers

• Accomplishment-Based
Alien of Extraordinary Ability
Outstanding Researcher
National Interest Waiver

• Investment-Based
Direct Investment
Regional Center

Our Lawyers Specializing In This Area: