Exceptional Service & Creative Solutions
Whether you have questions about petitioning a family member or sponsoring a foreign employee, we have solutions for you. We represent client in all kinds of affirmative application before USCIS, including, but not limited to, EB-1 through EB-5, Work visas (H-1B, L-1, and E-2, etc.), Family- based petition (I-130 and I-485) and Naturalization (N-400). If you have a case before immigration judge, we can defend your case in immigration court and pursue all possible avenues for you to remain in the US. For over 20 years, we have served the community with skill, dedication, passion, and integrity. Especially, we have been recognized for our service to the Chinese community.
There are a number of green card options (EB-1A/NIW) available to talented individuals who can demonstrate accomplishment in their fields or who can show that the work they’re doing will have a particular benefit for the country. These categories are important because they present an alternative to having to file a Program Electronic Review Management (PERM) labor certification petition. PERM may not be available because someone is self-employed or has an ownership interest in a company, for example. Additionally, because of long backlogs for some nationalities in the employment-based preference categories that require PERM, these alternatives can shave years off the permanent residency process.
Often thought of as the green card counterpart to the L-1 nonimmigrant visa, the EB-1C permanent residency category is available to certain multinational executives and managers. The Immigration and Nationality Act (INA) describes those who are eligible: Certain multinational executives and managers. If the alien, in the 3 years preceding the time of the alien’s application for classification and admission into the United States, has been employed for at least 1 year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof and the alien seeks to enter the United States in order to continue to render services to the same employer or to a subsidiary or affiliate thereof in a capacity that is managerial or executive.
EB-2 and EB-3
The vast majority of employment-based green card applicants go through a U.S Department of Labor(DOL) process called PERM as a prerequisite to filing for an immigrant visa. Unless waived, all applicants in the EB-2 and EB-3 employment-based green card categories require an approved PERM application. PERM is a three-step online process that is formally known as the Program Electronic Review Management System. A company will begin the process of sponsoring an immigrant worker by filing an application in the PERM System. That is followed by filing an I-140 Immigrant Petition for Alien Worker with U.S. Citizenship and Immigration Services (USCIS) on behalf of the foreign national employee. Finally, based on the approved I-140, the beneficiary will apply for adjustment of status in the United States or process at a U.S . consulate or embassy abroad to become a lawful permanent resident (LPR). If an immigrant visa number is immediately available, the I-140 and adjustment of status applications may be filed concurrently. The PERM process is essentially a test of the U.S. labor market to demonstrate that the foreign worker is not impacting U.S. workers and the U.S. labor market in a negative way. For PERM purposes, U.S. workers include U.S. citizens, LPRs, and non-citizens who are legally authorized to work permanently in the United States. The process demonstrates to the DOL that U.S. workers are not being displaced or disadvantage.
EB-5 and EB-5 litigation
On March 15, 2022, the President signed into law H.R. 2471, which included, among other things, the EB-5 Reform and Integrity Act of 2022. This Act reauthorizes the EB-5 Regional Center Program, with significant changes; increases the minimum investment amount to $800,000 for investments in a high unemployment area, a rural area or an infrastructure project, and to $1,050,000 elsewhere; changes the way high unemployment areas are designated; and provides continued eligibility for regional center investors who invested prior to July 1, 2021. It also creates brand-new visa set asides for rural projects, TEA projects, and infrastructure projects. Please contact us for more information.
We also represent EB-5 investors who are having disputes with the EB-5 project in business litigation.
The H-1B visa is the workhorse nonimmigrant category for professional workers. In recent years, the category has gotten more complicated in an effort to protect U.S . workers. H-1B employers petition for foreign nationals who will be employed temporarily in professional fields – referred to as “specialty occupations” or as fashion models of distinguished merit and ability.
A specialty occupation requires the theoretical and practical application of highly specialized knowledge along with at least a bachelor’s degree (or equivalent).
Some of the occupational categories where H-1Bs are available are:
- Physical Sciences
- Social Sciences
- Medicine and Health
- Business Specialties
- The Art
The L-1 intracompany transfer visa is one of the most common employment-based nonimmigrant visas used in the United States, and it is used by companies ranging from the world’s largest multinational corporations down to small startups and family-owned businesses. The L-1 visa allows employers to transfer executives, managers, and specialized knowledge employees from one of the organization’sforeign offices to one of its offices in the United States if that transferred executive, manager, or specialized knowledge employee has worked outside of the United States for the company for at least one year in the prior three years. The transferred employee may also be coming to the United States to establish an office if the company does not yet have U.S . operations. The L-1 visa is not a good option for someone at the very beginning stages of starting a company, particularly if the company is being formed in the United States, but it may be an option for an entrepreneur who, for example, has initially started a business outside of the United States that will continue operations or if the entrepreneur combines operations with a company abroad at which they have previously worked.