| NONIMMIGRANT VISA PETITIONS, INCLUDING B, E, F, H-1B, H-2A, H-2B, H-3, J, K, L, M, O, P, Q, R and TN
Nonimmigrants are persons coming to the United States for a temporary period of time. Nearly the entire alphabet has been used to designate different nonimmigrant classifications. The Chandler Law Firm, LLC is experienced and familiar with all of these classifications. They include:
B-1/B-2 Visitors
B-1 visitors enter the U.S. for business purposes, and B-2 visitors enter for pleasure. Both types of visitors typically are admitted for a period of 6 months.
Visitors from certain countries may also enter under the Visa Waiver Program. Those entering under the Visa Waiver Program are admitted for only 90 days.
“E” Treaty Traders and Treaty Investors
Persons who are citizens of countries with which the United States has the requisite treaty may enter the U.S. based on making either a significant investment in the U.S. or carrying on substantial trade.
“F” Students
Foreign students may study in the U.S. but must comply with detailed regulations. As long as they remain in compliance with these regulations, they typically may remain in the U.S. until completion of their program of study and often qualify for a period of practical training either during or after their course of study.
H-1B Specialty Occupation Workers
H-1B workers generally must possess bachelor's degrees or establish that their experience equates to a bachelor's degree. They must be offered a job in a field related to their course of study. There is an annual cap on the number of H-1Bs that may be approved.
H-2A and H-2B
H-2A and H-2B workers come to fill temporary labor needs of U.S. employers. Before employers may petition for foreign H-2A and H-2B workers, they must recruit for U.S. workers.
H-3 Trainees
H-3 trainees enter the U.S. to gain training which is unavailable in their home countries. The employer/trainer must submit a detailed training program for approval by Citizenship and Immigration Services (“CIS”).
J Exchange Visitors
J exchange visitors may enter the U.S. in a variety of capacities, including as students, researchers, professors and trainees. Some “J”s must return to their home country, or country of last residence, before they may change to another nonimmigrant status or permanent residency.
K Fiancés and Spouses of United States Citizens
The “K” visas allow fiancés and spouses and their children to enter the U.S. to join U.S. citizen fiancés and spouses.
L Intra-Company Transferees
The “L” visa is used by certain employees of multi-national corporations. It allows executives, managers and persons with specialized knowledge to enter the U.S. to work for a company affiliated with the overseas employer.
M Vocational Students
The “M” visa is for persons coming to the U.S. to attend vocational schools.
O Extraordinary Ability
Persons working in certain fields, who can prove that they have extraordinary ability, may qualify for “O” status. To qualify for “O” status, most persons need to produce extensive documentation of accomplishments and acclaim.
P Performers and Athletes
This category is for athletes who compete individually or as part of a team at an internationally-recognized level and for members of an entertainment group that has been internationally recognized for a sustained period of time.
Q Cultural Exchange
Employers having a program in place to integrate persons from another culture into their workplace may petition for a “Q” visa.
R Religious Workers
Three types of religious workers are eligible to enter the U.S. in R status. They include ministers, religious professionals and religious workers. The organizations they come to work for must be approved or approvable by the IRS for 501(c)(3) status.
TN (Trade NAFTA)
Canadian and Mexican citizens with occupations and credentials listed in the North American Free Trade Agreement may qualify for TN status. The TN status is sometimes a good alternative to H-1B status, particularly because there is no limit to the number of TNs that may be approved annually.
PERMANENT RESIDENCY ("GREEN CARD")
There
are a variety of ways to obtain lawful permanent resident
status. Chandler Law Firm, LLC carefully evaluates each
individual’s situation and recommends a procedure.
The most common ways of obtaining permanent residency
include the following:
Employment-Based
Petitions
Phase
1: Department of Labor
Most
persons who immigrate based on their job skills need
to establish that there are no American workers able
and willing to do the job that the prospective foreign
worker can do. To do this, they need a prospective
employer who recruits for the position, following
very detailed and specific procedures. If, following
recruitment, the U.S. Department of Labor is convinced
that there are no American workers available for the
position, it will issue a “labor certification.”
Certain
groups are exempt from the labor certification requirement
or eligible for an expedited labor certification process.
Please consult our office for further information
on eligibility for exceptions to the usual process,
as described.
Phase
2: USCIS and Department of State
After
the job offer is certified by the U.S. Department
of Labor, our office will prepare a visa petition
for submission to CIS. Along with the visa petition,
we submit proof that the alien qualifies for the position
and proof that the employer is capable of paying the
alien.
Most
persons pursuing permanent residency will choose to
complete the process within the U.S. by “adjusting
status.” For our adjustment applicants, we submit
an “Application to Adjust Status” either
with the visa petition or after the petition is approved.
Alternatively, persons may complete the process at
a U.S. Consulate or Embassy outside of the U.S.
Whether
the process is completed inside or outside of the
U.S., CIS – or the Department of State if outside
the U.S. – will make a final determination as
to whether the applicant should be admitted as a resident
and will verify that the job offer certified by the
Department of Labor is still available.
Employer’s
Responsibilities
1.
Maintain an offer of employment open to the alien
during the entire duration of the process. Because
of current lengthy processing times, CIS now allows
aliens to change employers and to continue with the
residence process after their adjustment applications
have been pending for 180 days. However, detailed
criteria must be met in order for such a “transfer”
to be permitted. Please consult this office for details.
2.
Provide a copy of the company’s, or personal
(depending on the case) most recent Federal Income
Tax Return, or other financial information, to prove
the company’s ability to pay the wages offered
to the alien.
3.
Contact and interview job applicants who, from their
resumes, appear to qualify for the position described
in the Labor Certification Application.
4.
Provide a “Job Offer Letter” at the end
of the case confirming that the job is available to
the alien.
Family
Petitions
United
States citizens may petition CIS to allow their spouses,
children, siblings and parents to immigrate. Lawful
permanent residents of the United States may petition
only for their spouses and children. Some of the categories
of relatives who are eligible to enter the United
States based on a relative’s petition are subject
to the visa quota system and may have to wait several
years before being eligible to immigrate.
Lottery
The
visa lottery, offered annually to persons from specific
countries, has been a means that thousands have used
to become permanent residents of the U.S. The process
is an easy one, usually requiring no legal assistance.
We encourage our clients to apply for the lottery,
since the filing of a lottery application does not
interfere with other methods of acquiring residency
which may be in process.
Investment
Certain
persons who invest a large amount of money in the
U.S., at least $500,000 to $1,000,000, and create
at least ten full-time jobs for American workers,
may be eligible to obtain residency based on their
investment. The investment must create a new enterprise
or re-structure an existing enterprise; and it must
be maintained for at least two years.
Religious
Workers
Religious
workers, including ministers, religious professionals
and other workers engaged in work of a religious nature
may be eligible to apply for permanent residency without
first obtaining a labor certification. They must work
for 501(c)(3) – eligible organizations and meet
specific membership criteria.
NATURALIZATION
Chandler
Law Firm, LLC represents many individuals in the process
of naturalizing; and we are proud of the hundreds of
loyal U.S. citizens we have assisted. Many of our naturalization
clients have worked with us for years – through
the processes of becoming nonimmigrants and then lawful
permanent residents – until they eventually are
able to naturalize.
I-9 CONSULTATIONS AND AUDITS
Since
1986, when the Immigration Reform and Control Act was
passed, U.S. employers have been responsible for verifying
the identity and employment authorization of all employees.
Chandler Law Firm, LLC advises employers on these responsibilities
and represents them in audits conducted by CIS.
REMOVAL
Chandler
Law Firm, LLC represents clients in various types of
proceedings held to determine whether an alien may be
admitted or remain in the United States. Such proceedings
are adversarial in nature and held before immigration
judges or officials of the Department of Homeland Security.
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