Immigration Attorney
in New York City

IMMIGRANT VISAS

EMPLOYMENT BASED

A U.S. employer may petition a foreign national employee based on a bona fide “offer of employment” approved by the Department of Labor. Different types of visas in this category include the following:

EB-2 Professionals with advanced degrees or Persons with exceptional ability

• Exceptional ability in the sciences, arts or business
• Advanced degree professionals
• Qualified alien physicians who will practice medicine in an area of the U.S. which is underserved.

EB-3 Skilled or Professional workers

• Professionals with bachelor’s degrees (not qualifying for a higher preference category)
• Skilled workers (minimum two years training and experience)
• Unskilled workers

EB-4 Special Immigrants

• Religious workers
• Employees and former employees of the U.S. Government abroad

PERM

A permanent labor certification issued by the Department of Labor (DOL) allows an employer to hire a foreign national employee to work permanently in the U.S. In most instances, before the U.S. employee can submit an immigrant petition to the Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS), the employer must acquire a certified labor application from the DOL’s Employment and Training Administration (ETA). The DOL must certify to the USCIS that the employment of the foreign worker will not adversely affect the wages and working conditions of similarly situated U.S. workers.

EXTRAORDINARY ABILITY & NATIONAL INTEREST WAIVER

Foreign nationals who are at the very top of their respective fields may obtain permanent residence status by demonstrating extraordinary ability and it will inure to the benefit of national interest.

• Extraordinary ability in the sciences, arts, education, business or athletics
• Outstanding professors or researchers
• Managers and executives subject to international transfer to the United States

FAMILY BASED

The petition is filed either by a U.S. citizen or U.S. lawful permanent resident relative.

Immediate Relatives of U.S. Citizens (IR)

These types of immigrant visas are based on a close family relationship with a U.S. citizen, including spouses, children, and parents. Additionally, a U.S. citizen can sponsor a child adopted or to be adopted from abroad, if that child meets the definition of orphan as provided for in immigration law. Family members of United States citizens (not Legal Permanent Residents) can file Immediate relative Petitions. For immigration purposes, Immediate Relative classifications include:

• Spouse of a U.S. Citizen
• Unmarried Child Under 21 Years of Age of a U.S. Citizen (IR-2)
• Orphan adopted abroad by a U.S. Citizen (IR-3)
• Orphan to be adopted in the United States by a U.S. citizen (IR-4)
• Parent of a U.S. Citizen who is at least 21 years old (IR-5)

Limited Family-Based Immigration

These types of immigrant classifications involve specific, more distant, family relationships with a U.S. citizen and some specified relationships with a Lawful Permanent Resident.

• Family First Preference (F1): Unmarried sons and daughters of U.S. citizens, and their children, if any.
• Family Second Preference (F2): Spouses, minor children, and unmarried sons and daughters (over age 20) of lawful permanent residents.
• Family Third Preference (F3): Married sons and daughters of U.S. citizens, and their spouses and children.
• Family Fourth Preference (F4): Brothers and sisters of United States citizens, and their spouses and children, provided the U.S. citizens are at least 21 years of age.

INVESTMENT BASED

A foreign national willing to invest [$500,000 in a targeted employment area (area that experienced unemployment of at least 50% of the national average rate) or a rural area as designated by the Office of Management and Budget or $1,000,000] in an existing business or a new commercial enterprise will be qualified for this visa. The business must create full time employment for at least ten (10) U.S. workers. The foreign national investor, his spouse and his unmarried minor children can obtain permanent residence based on the ongoing business concern.

NON-IMMIGRANT VISAS

• B-1 (Business Visa): Given to eligible nationals for business-related visits to the U.S.
• B-2 (Tourist Visa): For foreign nationals traveling for tourism, with a typical duration of six months, extendable to a year.
• E-1 (Treaty Trader Visa) or E-2 (Treaty Investor Visa): Permits nationals of treaty countries to work for a U.S. company with substantial business ties; durations vary between 2 and 5 years.
• E-3 (Nationals of Australia Visa): Similar to the H-1B Visa for Australian nationals.
• F-1 (Student Visa): For foreign nationals accepted by a U.S. school for full-time study, valid for the duration of the course.
• G (Representatives of International Organizations Visa): For representatives of recognized international organizations.
• H-1B (Work Visa): For professionals in specialty occupations, valid for up to 6 years, extendable under certain conditions.
• H-1C (Nurse Work Visa): For foreign nurses working in underserved areas for up to 3 years.
• H-2 (Agricultural or Non-Agricultural Workers Visa): Allows temporary employment for workers when qualified U.S. workers are unavailable; valid for 1 to 3 years.
• H-3 (Training Visa): For foreign employees participating in U.S. training programs unavailable in their home country; valid for up to 2 years.
• I (Representative of Foreign Press Visa): For media representatives, renewable as needed.
• J-1 (Exchange Visitor Visa): For students, interns, trainees, au pairs, and scholars in U.S. government-approved programs.
• K-1 (Fiancé(e) Visa): Allows entry to marry a U.S. citizen within 90 days; no extensions allowed.
• K-3 (Spouse Visa): For spouses of U.S. citizens with pending immigration petitions.
• L-1 (Intra-company Transferee Visa): For managers, executives, or specialized knowledge employees transferring within a company; valid up to 7 years.
• M-1 (Vocational Student Visa): For students attending vocational or non-academic programs in the U.S.
• O (Extraordinary Ability Work Visa): For individuals with extraordinary ability in arts, sciences, education, business, or athletics; valid for up to 3 years, extendable.
• P (Athletes, Artists, and Entertainment Group Visa): For internationally recognized performers or athletes, valid for 5 years, extendable in 1-year increments.
• P-1 (Entertainment Visa): For internationally recognized athletes or entertainment groups.
• P-2 (Artists and Entertainers on Exchange Programs Visa): For performers under a reciprocal exchange program.
• P-3 (Culturally Unique Program Visa): For artists and entertainers in culturally unique programs or events.
• Q (Cultural Exchange Visa): For participation in international cultural exchange programs with a cultural element; valid for 15 months.
• R (Religious Worker Visa): For religious workers employed in the U.S.; valid for up to 5 years.
• TN (NAFTA Professional Worker Visa): For Canadian and Mexican professionals in designated occupations; valid for 1 year, renewable.
• U (Immigration Relief for Domestic Violence Survivors): For victims of qualifying crimes who have suffered significant abuse.
• V (Spouse and Children of Legal Permanent Residents Visa): For families awaiting immigrant visa processing under specific conditions.
• WB (Visa Waiver): Allows visa waiver country citizens to stay for 90 days for business or tourism purposes without extensions.

The Path to Citizenship

Achieving U.S. citizenship can be accomplished through several pathways:

Birth

Citizenship is granted automatically to individuals born in the U.S.

Derivation

Children under 18 may acquire citizenship through a parent’s citizenship or immigration status, particularly when the parent becomes a naturalized U.S. citizen.

Naturalization

This process allows immigrants to become U.S. citizens by meeting specific requirements, such as:

• Being a lawful permanent resident (green card holder) for at least five years.
• Being married to a U.S. citizen and a lawful permanent resident for at least three years.
• Serving in the U.S. military as an active duty member or veteran.

Earned Citizenship

Children brought to the U.S. unlawfully through no fault of their own may qualify for earned citizenship by meeting certain criteria, such as attending college or serving honorably in the military for at least two years.

The naturalization process involves several key steps:

1. Determining eligibility.
2. Completing and submitting Form N-400.
3. Attending a biometrics appointment.
4. Completing the citizenship interview and exam.
5. Receiving a decision.
6. Attending the oath of allegiance ceremony.

Our firm is here to guide you through every step of this journey to becoming a U.S. citizen.