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Permanent Immigration / Residency
The law firm of Nichols & Eberth, P.C. specializes in
immigration law. We fully understand the Immigration and Nationality
Act, which sets forth the process for obtaining a permanent resident
card or a green card. We have helped many employers, employees and
families resolve residency and citizenship issues.
Employment-based petitions
Our firm assists foreign nationals who have an opportunity for
permanent employment in the United States and employers who want to
sponsor someone for permanent residence. We help determine if the
prospective employee is qualified as an EB-1, EB-2, EB-3, EB-4 or EB-5
worker. These designations determine the order of preference for
obtaining an immigrant visa number. The government limits the number of
visas issued each year.
We then submit a permanent labor certification (PERM) request to the
U.S. Department of Labor and an immigrant visa petition with the U.S.
Citizenship and Immigration Services (USCIS). We will help foreign
nationals file for the required immigrant visa number from the U.S.
State Department. Our attorneys also can advise regarding working or
traveling while an application is pending, and handle claims stemming
from violations of work and travel limitations.
Our firm also deftly handles appeals of petition, waiver and green card denials.
EB-1 Priority workers
- Foreign nationals of extraordinary ability in the sciences, arts, education, business or athletics
- Foreign national that are outstanding professors or researchers
- Foreign nationals that are managers and executives subject to international transfer to the United States
EB-2 Professionals with advanced degrees or persons with exceptional ability
- Foreign nationals of exceptional ability in the sciences, arts or business
- Foreign nationals that are advanced degree professionals
- Qualified alien physicians who will practice medicine in an area of the U.S. which is undeserved.
EB-3 Skilled or professional workers
- Foreign national professionals with bachelor's degrees (not qualifying for a higher preference category)
- Foreign national skilled workers (minimum two years training and experience)
- Foreign national unskilled workers
EB-4 Special Immigrants
- Foreign national religious workers
- Employees and former employees of the U.S. Government abroad
EB-5 Immigrant Investors
- Foreign national engaged in new commercial venture
- Family-based petitions
Nichols & Eberth, P.C. has experience bringing family members to
live and work in the United States. Our firm helps with the petitioning
process and with any dispute that arises.
U.S. citizens and permanent residents who wish to bring a relative
to the United States must submit a petition to the U.S. Citizenship and
Immigration Services (USCIS), which must approve the petition. The
prospective immigrant must then obtain a visa number from the U.S.
Department of State. The number of visas available each year is limited
by the government, and it could take years to obtain one.
Immediate relatives of U.S. citizens, including parents, spouses and
unmarried children under age 21 do not have to wait for an immigrant
visa number. They are provided numbers immediately. Relatives who do
not fit into that category must wait for a visa to become available.
The government has established the following order of preference:
- First Preference: Unmarried, adult sons and daughters of U.S. citizens. Adult means 21 years of age or older.
- Second Preference: Spouses of lawful permanent residents, and the
unmarried sons and daughters (regardless of age) of lawful permanent
residents and their children.
- Third Preference: Married sons and daughters of U.S. citizens, their spouses and their minor children.
- Fourth Preference: Brothers and sisters of adult U.S. citizens, their spouses and their minor children
Additionally, the Legal Immigration Family Equity Act (LIFE) permits
the spouse or child of a U.S. citizen to be admitted to the United
States as a non-immigrant and complete processing for permanent
residency while in this country. They also may work while they await
permanent residency.
ADJUSTMENT OF STATUS: Many foreign nationals who come to the
United States pursuant to a non-immigrant visa may wish to become
permanent residents (i.e. green card). The process of moving from
a non-immigrant visa to permanent resident is known as Adjusment of
Status. Many people mistakenly believe that Adjustment of Status is a
mere formality; however nothing could be further from the truth.
Adjustment of Status ("AOS") is one of the primary areas where people
experience problems, oftentimes for seemingly innocuous offenses.
Nichols & Eberth, PC guides people through this complex and long
process. Temporary / Non-Immigrant Issues
Nichols & Eberth, P.C. helps professionals, international
business executives and foreign investors obtain temporary visas to
permit them to live and work for a time in the United States.
Employers must file a petition to hire a foreign national as a
temporary worker. A Department of Labor certificate may be required
before the petition can be filed. Once the petition is approved, the
prospective worker must obtain a visa.
The most common type of work visa is the H-1B, which permits a
maximum stay of six years. The number of new H-1B visas issued each
year is limited. Applicants must have a four-year college degree or
equivalent.
We will help file for appropriate waivers and stay extensions and appeal when documents have been denied.
Foreign investors and owners of U.S. businesses can also
petition for a non-immigrant visa. The L-1 visa permits a foreign
manager, executive or person with specialized knowledge to work in
their company's U.S. office or affiliate. An L-1 visa permits a stay of
five to seven years, depending on the nature of the position.
Foreign investors from countries that have certain trade
agreements with the United States can qualify for a non-immigrant E
class visa. The visa is issued for two years and is renewable.
The E1 Treaty Trader visa requires that the foreign national
trading company must be engaged in substantial trade principally with
the United States . The E2 visa is reserved for aliens who have an
active and substantial investment in the United States that is not
marginal.
NONIMMIGRANT : TEMPORARY STATUS
B-1/B-2 Visitor : B-1 - for Business / B-2 - for Pleasure
For
coming to the U.S. for business or pleasure. B-1 business visitor visas
are for brief visits and do not allow employment. Nationals of some
countries are allowed to visit the U.S. for up to 90 days without a
visa.
E-1 - Treaty Trader / E-2 - Treaty Investor
Overview : E Visas for Traders and Investors
Investors
/ traders and their employees may receive status to carry on their
business in the U.S. if the home country has a commercial treaty with
the United States conferring such eligibility.
F-1 - Academic Student
Overview : F-1 (Part I) | (Part 2) | (Part 3)
Persons
enrolling in a full course of study at an educational institution in
the United States may be eligible for F-1 status for the course of
their study and a period for practical training (P/T) in their field.
G - Representatives of International Organizations
Overview : G Classification
H1B - Specialty Occupation
Overview : H1B (Part I) | (Part II) | (Part III)
Professionals
with at least a bachelor’s degree or its equivalent in work experience
may be eligible for H1B status if the position requires that particular
degree. Their employers should demonstrate that they are paid at least
the prevailing wage for the job.
H1C - Registered Nurses
Overview : H1C Visas for Registered Nurses
H1C status is granted to no more than 500 nurses per year at pre-qualified hospitals and health care facilities.
H2A - Agricultural Labor
Overview : H2A Visas for Agricultural Workers
H2B - Other Temporary Labor
Overview : H2B Visas for Temporary Workers
H-3 - Trainee
Overview : H-3 Visas for Trainees
I - Representatives of Foreign News Media
Overview : I Visas for Journalists
J - Exchange Visitor
Overview : J-1 Visas (Part I) | (Part 2)
People
coming to the U.S. through an approved exchange program may be eligible
for the J-1 Exchange Visitor's visa. These are students, scholars, job
trainees, faculty, professors and research scholars, specialists,
medical residents, government visitors, etc. Sometimes, a J-1 program
will require that the beneficiary spend at least two years outside of
the U.S. before being permitted to switch to a different nonimmigrant
visa or to permanent residency.
K - Fiancé/e of U.S. Citizen
Overview : K Visas
The Fiancé/e of a U.S. citizen is eligible for a nonimmigrant visa in order to marry within 90 days of entry to the U.S.
L - Intra Company Transferee
Overviews : L-1 Visas | Blanket L-1 Petitions
L-1
visas are available to executives, managers and specialized employees
moving to their employer's U.S. affiliate sites. Executives and
managers with valid L-1 status may be eligible for permanent residency
without the need for a labor certification.
M - Vocational Student
M-1 visas are available for students who wish to attend vocational schools.
O-1, O-2 - Extraordinary Ability
Overviews : O-1 Visas
The O-1 category is for foreign nationals with extraordinary ability in the arts, sciences, athletics, education, or business.
P-1, P-2, P-3 - Athletes and Group Entertainers
Overview : P-3 Visas for Artists or Entertainers
For athletes, artists, and entertainers.
Q - International Cultural Exchange Program
Overview : Q-2 - Special Visa Program for Northern Ireland
R - Religious Vocation or Profession
Religious
workers include ordained clergy and those who have taken religious
vows, as well as religious professionals such as choral directors,
teachers of religion, and so forth.
TN - Trade NAFTA Professionals
A special visa category for nationals of Canada / Mexico under the North American Free Trade Agreement (NAFTA).
Dependents of the Above
IMMIGRANT : PERMANENT STATUS, EMPLOYMENT BASED
EB1 - First Preference
• Persons of Extraordinary Ability
• Outstanding Professors and Researchers
• Multinational Executives and Managers
In
these categories, the candidate can petition for permanent residency
without the time-consuming process of labor certification.
EB2 - Second Preference
Members of Professions holding Advanced Degrees or Aliens of Exceptional Ability.
Most
EB2 candidates must have a job offer and the employer must complete the
labor certification process. The labor certification involves testing
of the job market to show that the potential visa holder is not taking
away a job from a U.S. worker. If the individual can show that his/her
entry is in the national interest the job offer and LC requirements can
be waived.
EB3 - Third Preference
Skilled Workers, Professionals and other Workers.
Most EB3 candidates must have a job offer and the employer must complete the labor certification process.
EB4 - Fourth Preference - Special Immigrants
The
EB4 category includes persons such as Religious Workers, Commuters from
Border, Retired G-4 (Employee of international Organizations),
Returning Residents and Ministers of religion.
EB5 - Fifth Preference - Employment Creation Investors
With
the 1990 Immigration Act, Congress has kept aside up to 10,000 visas
per year just for alien investors in new commercial enterprises, who
will create employment for at least ten individuals. There are two
investor groups under the program - people who invest at least $500,000
in "targeted employment areas" (rural areas or areas experiencing high
unemployment of at least 150% of the national average) and those who
invest $1,000,000 in other areas. Not less than 3,000 of the annual
allotment of visas in this category must go to the targeted employment
areas.
IMMIGRANT : PERMANENT STATUS, FAMILY BASED
Overviews : Through Immediate Relatives | Through Marriage
U.S.
citizens can petition for parents, spouses, siblings, and children.
Permanent Residents (LPR) can petition for spouses and children only.
There is no quota or limit and, therefore, no waiting list for
“Immediate Relatives” of U.S. Citizens - Unmarried children under 21,
Spouse, Parent, Widow / Widower (under certain circumstances).
Relatives in the following “preference” categories are subject to
limits on the number of visas that can be issued each year.
First Preference - Unmarried sons or daughters (over age 21) of U.S. citizens.
Second
Preference – (2A) Spouses and unmarried children (under age 21) of
LPRs; (2B) Unmarried sons and daughters (over age 21) of LPRs.
Third Preference - Married sons and daughters of U.S. citizens.
Fourth Preference - Brothers and sisters of U.S. citizens.
DIVERSITY VISA : DV1 Visas ("Green Card Lottery")
Started
in October 1994 as the permanent Diversity Program for natives of
certain countries that have provided relatively few immigrants to the
U.S. in recent years. Annually, 55,000 visas are given away in a random
drawing to individuals from countries underrepresented in the total
immigrant pool.
ASYLUM / REFUGEE
People with a real fear of
persecution because of race, religion, nationality, membership in or
identification with a particular social group, or political opinion can
apply for asylum or refugee status.
CITIZENSHIP MATTERS
Representation to file citizenship applications
USCIS REPRESENTATION AND CONSULAR PRACTICE
Representation before the USCIS throughout the United States and U.S. Consulates worldwide
OTHER IMMIGRATION MATTERS
Representation and counsel in other general immigration matters
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