Practices

Nonimmigrant Visas

Nonimmigrant visas are intended for non-U.S. citizens coming to the U.S. temporarily. This visa allows its holder to travel to a U.S. port-of-entry (airport, for example) and request permission of the Department of Homeland Security immigration inspector to enter the U.S. A visa does not guarantee entry into the United States. There is a variety of nonimmigrant visa types, each relating to the principal purpose of its holder’s travel to the U.S. While in the U.S., temporary visitors are restricted to the activity or reason for which their nonimmigrant visa was issued, with few exceptions. More…

Family Visas

U.S. citizens or permanent residents may, under certain circumstances, seek to obtain a visa or green card for a fiancée, spouse, or family member. The process of family immigration generally takes multiple steps and varies in complexity and length based on the visa category and the country of citizenship of the non-U.S. sponsor and the foreign national. More…

Temporary Workers

The US immigration laws provide several categories of nonimmigrant visas for persons who wish to work temporarily in the United States. In addition to specific requirements for each specific type of visa, there are also annual numerical limits on some classifications. Most of the annual numerical limits, e.g. for H-1B visas, are exhausted extremely quickly every year and foreign nationals wishing to obtain a temporary working visa should plan carefully and well in advance. In addition to obtaining temporary work visas for foreign individuals, we assist companies and individuals in workplace mobility by preparing a variety of transfer, amendment, or extension petitions. More…

Permanent Workers

One of the most desired, and at the same time - most difficult to obtain, immigration benefits is the legal permanent resident (green card) status through employment. This route requires a U.S. employer to “sponsor” the immigrant. The three-step process includes initial labor certification, immigrant visa availability and immigrant visa adjudication (adjustment of status or consular processing). Depending on the skills and the occupation of the foreign national, this process can be relatively quick (as low as several months) or fairly long (up to few years) and is rife with technicalities and strict requirements. We advise on a daily basis companies wishing to sponsor a foreign national throughout this process. More…

Labor Certification

The labor certification process is usually the first step in employment-based immigrant petitions. A permanent labor certification issued by the Department of Labor (DOL) allows an employer to hire a foreign worker to work permanently in the United States. In most instances, before the U.S. employer can submit an immigration petition to the Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS), the employer must obtain a labor certification approval from DOL. The DOL must certify to the USCIS that there are no qualified U.S. workers able, willing, qualified and available to accept the job at the prevailing wage for that occupation in the area of intended employment and that employment of the alien will not adversely affect the wages and working conditions of similarly employed U.S. workers. All applications filed after March 28, 2005, are subject to new PERM regulations. More…

Adjustment of Status

Adjustment of status is usually the final step of an immigrant petition process which allows certain individuals who are already in the United States to apply for and obtain lawful permanent resident (”green card”) status without having to travel abroad and apply at a U.S. consulate. The requirements for successful adjustment of status are fairly stringent and not everyone applicant would qualify for this procedure. More…

Citizenship

There are several different ways in which a foreign national can become a U.S. citizen. People who are born in the United States are U.S. citizens. Other people who are born abroad may be or may be eligible to become U.S. citizens based on family connections. Also, individuals (most often green card holders who meet certain residency and other requirements may be eligible for naturalization. More…

Employment Mobility and Visa Portability

The American Competitiveness in the Twenty-First Century Act of October 2000 (AC21) provides that an adjustment of status applicant (adjustment applicant) who has an I-485 application pending for 180 days or longer is able to continue with the green card process even after s/he has changed employers, as long as the new job is in the same or a similar job classification. Additionally, AC21 removes the six-year limitation on H-1B status for certain foreign nationals on whose behalf an employment-based labor certification has been pending for 365 days or more.

With the high number of I-485 petitions filed during the visa number retrogression of mid-2007, we see a high number of foreign nationals seeking to switch jobs under AC21 while preserving their I-485 petition status. While AC21 intended to increase employee mobility, foreign nationals should use follow carefully the AC21 requirements and avoid putting their I-485 in jeopardy. More…