The U.S. 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.Learn more...
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 1) the initial labor certification; 2) immigrant visa availability; and, 3) 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 little as several months) or fairly long (up to several years) and is rife with technicalities and strict requirements. We advise companies wishing to sponsor a foreign national or foreign nationals to engage an experienced immigration attorney throughout this process.Learn more...
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.Learn more...
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 at least 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 who have an employment-based labor certification filed on their behalf that has been pending for at least 365 days or more.

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

In today’s world, U.S. employers face increased enforcement efforts from multiple federal agencies, including the Department of Homeland Security and its sub-agency Immigration and Customs Enforcement (ICE) and the Fraud Detection and National Security (FDNS) Unit as well as the Department of Labor (DOL). Their enforcement efforts assess immigration employment compliance and frequently result in significant civil fines and criminal penalties. At Capitol Immigration Law Group, we represent employers who face immigration audits, investigations, and enforcement-related actions.Learn more...
Sometimes the government disagrees that an applicant or a beneficiary is entitled to a specific immigration benefit and denies an application or petition, giving a limited time window in which the denial can be petitioned to be reopened or appealed. Our office handles a number of motions to reopen/reconsider (MTRs) and appeals to the Administrative Appeals Office (AAO) located here in Washington, DC. Our office can review USCIS case denials and prepare an analysis of MTR/appeal options and draft a strategic plan. Often, a USCIS denial is so incorrect based on the facts of the case or the applicable law, that it should be appealed immediately. Similarly, sometimes USCIS makes clerical errors which require a motion to reopen/reconsider to be filed. Finally, there are case denials which, for strategic purposes such as ability to renew H-1B past 6th year expiration, are necessary.Learn more...
The E-2 visa is a great way for a national of a country, with which the United States maintains a treaty of commerce, to come to develop and direct the operations of an enterprise in which the national has invested, work in an executive or supervisory role in a company owned by a treaty national, or work as an essential employee in a company owned by a treaty national. Capitol Immigration Law Group offers strong E-2 visa legal experience and in-depth knowledge of E-2 Visas and USCIS and Consular procedures. All E-2 visas do require a deliberate strategy, careful attention to detail, and strong communication and we will help you navigate the E-2 visa process.Learn more...
Despite America’s rich history as a haven for ambitious immigrant entrepreneurs, many foreigners have to cope with increasingly restrictive immigration policies as U.S. immigration law is often not particularly welcoming to foreign nationals who wish to start their own companies. Our office routinely handles H-1B petitions on behalf of startup companies in the information technology, biotechnology, healthcare and other fields.Learn more...
We regularly work with individuals and corporations to prepare and file comprehensive “EB-1” petitions that allow nationally and internationally recognized researchers, scientists and university professors a “fast track” process for obtaining Green Card status in the United States.Learn more...
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.Learn more...
There are many circumstances in which Legal Permanent Residents (LPR) who wish to travel and spend some time abroad need or may have to obtain a reentry permit in order to be admitted to the U.S. after extended presence abroad and without having to obtain a new immigrant visa at a U.S. consulate abroad. Currently, LPRs who will spend more than one (1) year abroad need to apply for a reentry permit and attend a required biometric appointment. The biometric appointment can be scheduled within 4-10 weeks after the application is submitted which makes planning foreign travel difficult. The expedited processing allows applying for reentry permits and submitting to biometric processing within 2-3 weeks.Learn more...
The EB-1C permanent residency classification reserved for those who are among the most able and accomplished in their respective fields within the arts, sciences, education, business, or sports. This subcategory was specifically created for managers and executives who meet the L-1A non-immigrant standards and are interested in becoming lawful permanent residents. The alien must be planning to take a managerial or executive position with a U.S. branch, affiliate, or subsidiary of the very same company. The U.S. office will need to show that it has been in business for at least one year. Similarly to EB-1B sub classification, the EB-1C also requires that the employer meet strict qualificationsLearn more...