B Visa Category
Allows foreign nationals to visit the United States. This type of visa allows travel within the United States for business or pleasure for a short period of time.
Available to foreign beneficiaries who will perform a professional “specialty occupation” assignment in the United States. Must be sponsored by a U.S. employer. Must be a professional assignment and/or specialty occupation. The beneficiary must hold at least a four-year bachelor’s degree or an equivalent combination of education, experience, and/or training. There is an annual numerical limitation of 65,000 for H-1B visas, with an additional 20,000 H-1B visas for beneficiaries holding U.S. advanced degrees. Valid for up to three years and may be renewed for up to six years. Employers file for new H-1B visas on April 1st of each year for a start date of October 1st. If too many petitions are received (as is usually the circumstance), USCIS holds a “lottery” to pick cases to process.
Available for dependent spouses and children of H-1B professionals. Not eligible to work in the U.S. at this time.
Available for citizens of Chile or Singapore performing a professional “specialty occupation” assignment in the United States and holding at minimum a four-year bachelor’s degree or a combination of education, experience, and/or training. These visas are not subject to the general H-1B numerical limitation.
E-1 And E-2 Visas
Generally applicable to foreign nationals who are citizens of treaty countries to engage in activities as a treaty trader, as a treaty investor, or as an employee of a qualifying entity that in turn must be a treaty trader or investor. Dependants can work in U.S. with USCIS issued EAD.
Applicable to citizens of Australia who will perform a professional “specialty occupation” assignment in the United States. This visa is similar to the H-1B visa category. Valid up to two years and may be renewed indefinitely.
Available for dependent spouses and dependent children of E-3 professionals. Spouse may work in U.S. with USCIS issued EAD.
Allows a U.S. employer to seek a transfer of an employee from a foreign affiliate company. An L-1A visa is appropriate for employees performing managerial or executive duties. An L-1B visa is appropriate for employees performing duties involving specialized knowledge.
Available for spouses and dependent children of L-1 professionals. Spouse may work in U.S. with USCIS issued EAD.
Available for large, for-profit companies frequently using the L-1 visa category. Allows the L-1 beneficiary to apply for the L-1 visa at the consulate.
Applicable to citizens of Canada or Mexico coming to the United States to perform professional assignments. Governed by the North American Free Trade Agreement, which provides a list of applicable occupations and corresponding education and/or licensure requirements. These visas are not subject to the numerical limitations of the H-1B visa category.
Available for dependent spouses and children of TN professionals. Not able to work in U.S.
Permanent Labor Certification Process – This is the first step in a three-step process for a U.S. employer to begin the process for an employee to work permanently in the United States by obtaining permanent residency. In this step, the employer performs a series of recruitment tasks necessary to test the U.S. labor market in order to obtain certification from the U.S. Department of Labor that there are insufficient U.S. workers able, willing, qualified, and available to accept the job opportunity in the area of intended employment.
I-140, Immigrant Petition for Alien Worker
Allows a U.S. employer to petition for an alien worker to become a permanent resident in the United States. Applicable to outstanding professors or researchers who are recognized internationally, aliens of extraordinary ability, members of the profession holding an advanced degree, international executives or managers, a member of the profession holding an advanced degree, skilled workers, member of the profession with a baccalaureate degree, and unskilled workers. May require a U.S. Department of Labor Certification. Some foreign nationals may “self-petition” if they can document that they meet USCIS guidelines as an alien of exceptional ability.
Allows certain athletes and entertainment groups to come to U.S. to perform.
Allows certain performers to come to U.S. to perform culturally based programs.
Available to certain religious workers and ministers to be employed in U.S. by religious organizations
Employment Eligibility – This firm can consult with employers in I-9 Employment Verification training and self auditing. We can assist in advising on potential employee employment eligibility, as well as provide representation to employers subject to I-9 audits.
I-130 Immigrant Petition for Alien Relative
Allows a U.S. Citizen to petition to have a spouse, parent, child or sibling to obtain U.S. Permanent Residency. Allows a U.S. permanent resident to petition for Permanent Residency for a minor child, an unmarried older child, or a spouse. U.S. law may limit the number of visas given for each type of family member and may result in a lengthy waiting period for a green card to be issued.
Adjustment of Status – Allows certain foreign family member beneficiaries of form I-130 who are in the U.S. to file to seek permanent residency processing in the United States.
Required for family members beneficiaries of form I-130 who are not eligible for Adjustment of Status. Includes working with the U.S. Department of State National Visa Center for document processing and interview at the beneficiary’s U.S. Consulate.
K-1 Fiancé or Fiancée Visa
Petition is filed for fiancé or fiancée of U.S. Citizen to allow entry to U.S. to marry. Requires that the U.S. Citizen and fiancé/fiancée to have met in person within two years of filing. After marriage, foreign national spouse applies for Adjustment of Status to Permanent Residency. Allows dependent children of fiancé/fiancée also to come to the U.S.
Affidavit of Support
Required of beneficiaries of family based Permanent Resident visa petitions.
Child Status Protection Act – May protect older children from “aging out”. “Aging out” would mean a child is no longer considered a dependent which could prevent them from obtaining a permanent resident visa.
Application for Naturalization to seek U.S. Citizenship. Requires 3 years as a U.S. Permanent Resident if married to U.S. Citizen for 3 years. Otherwise, requires 5 years as a Permanent Resident. Requires a showing of “good moral character” for 3 or 5 years. Requires presence in U.S. of ½ of 3 or 5 year period.
Application for a Certificate of Citizenship to verify that a child became a U.S. Citizen automatically under the Child Citizenship Act.
U.S. Passport Application
Filed by U.S. Citizen for U.S. Passport or Travel card for purposes of domestic or international travel, or for purposes of employment verification.