Immigration Lawyers
San Jose Immigration Attorneys
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EB1 Immigration Lawyer San Jose
EB1 Immigration Lawyer and Qualified Person An EB1A is an immigrant visa in the EB1 category that is reserved for foreign workers of extraordinary ability in the sciences, arts, education, business or athletics. There is only one criterion, which is to establish "sustained national or international acclaim." The standard for EB1A is high, and reserved for those who have proven to be amongst to top few percent in their field. Immigration laws have set out specific criteria to allow the foreign worker to prove "sustained national or international acclaim." The easiest way to prove eligibility is to show that you possess a major international award of renowned repute. Advantages and Limitations of EB1A Green Card An
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NIW Immigration Lawyer in San Francisco
National Interest Waiver Green Card Immigration Lawyer and Qualified Person A national interest waiver is for advanced degree/exceptional ability workers who are seeking an exemption from the labor certification process and job offer requirement. The labor certification process is discussed in the EB2 and EB3 overview. To be qualified for a national interest waiver, in addition to meeting the requirements for EB2, the worker's presence must prospectively substantially benefit the national economy, cultural or educational interests, or welfare of the United States. There is not specific statutory definition of "national interest," however a petitioner should confirm many relevant societal benefits of tangible national interest. A
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EB2 Immigration Lawyer in Bay Area San Jose Palo Alto
PERM-Based Advanced Degree, Exceptional Ability, Professional, Skilled, and Unskilled Worker Visas EB-2 or EB-3 Green Card Immigration Lawyer and Qualified Person EB-2 and EB-3 are "employment based" immigrant visas reserved for various classes of workers. EB-2 is reserved specifically for Advanced Degree professionals and Exceptional Ability Workers. EB-3 is reserved specifically for Professional, Skilled, and Unskilled Workers. The difference between the EB-2 and EB-3 category is how quickly one is able to apply for a green card. The basic criteria to qualify under these worker visas is i) the US employer must file a "labor certification" with the department of labor, ii) the foreign worker must have the required
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EB4 Immigration Lawyer in San Jose San francisco Palo Alto
EB4 Green Card & Qualified Person: An EB4 is an immigrant visas reserved for foreign workers immigrating to the US to perform duties of a religious worker. Applicants must prove that: i) they are a member of a religious denomination for at least 2 years, ii) who will work at a qualified organization, iii) as a minister "Religious denomination" is defined as a religious group or community of believers having some form of ecclesiastical government, a creed or statement of faith, some form of worship, a formal or informal code of doctrine and discipline, religious services and ceremonies, established places of religious worship, or comparable indicia of a bona fide religious denomination. The definition is not narrowly
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EB-5 (Investor Green Card) Immigration Lawyer San Jose Palo Alto San Francisco
EB-5 Investment Green Card In 1991, Congress created the EB-5 visa program to benefit the U.S. economy and create new jobs by encouraging foreign nationals to invest in the U.S. To qualify for an EB-5 visa, the individual must establish that (1) he or she is coming to the U.S. to invest in a new commercial enterprise, (2) the investment occurred after November 29, 1990 (the date the EB-5 program became effective), and (3) this ongoing enterprise will benefit the U.S. economy. California Immigration Attorney & EB5 Procedure: Once granted an EB-5 visa, the individual, his/her spouse and children (under 21) are automatically granted conditional residency, which becomes permanent after 2 years. After 5 years in EB-5 status,
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E1 Visa Immigration Lawyer San Jose Palo Alto San Francisco
E1 Treaty Visa E1 Visa Immigration Attorney and Qualified Person An E-1 is a visa for a foreign national of a "treaty trader" country, coming to the US to carry on substantial trade occurring principally between the US and the foreigner's country of nationality. This visa may also be obtained by key employees of the business. Key considerations include: i) whether the foreigner is a national for a country that has an E-1 trade treaty, ii) that the business is 50% owned by foreigners of the treaty country, iii) that the foreigner is either a 50% owner or a key employee of the company, iv) that and that the company's trade is "substantial." If the foreign national's country is not on this list of Treaty Country, then E1 Visa is
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E2 Visa Immigration Lawyer san Jose Palo Alto San Francisco
E-2 Visa (Treaty Investor Visa) California Immigration Attorney and Qualified Person An E2 Visa (Treaty Investor Visa) is a visa is for a foreign national of an "investor treaty" country, coming to the US to direct the operations of an enterprise in which the investor has invested or is actively in the process of investing a substantial amount of capital. This visa may also be obtained by key employees of the business. Key considerations include: i) whether the foreigner is a national for a country that has an E-2 investor treaty, ii) that the business is 50% owned by foreigners of the treaty country, iii) that the foreigner is either a 50% owner or a key employee of the company, iv) that and that the investment is "substantial." If
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H-1B Visa Immigration Lawyer San Jose Palo Alto San Francisco
H-1B Visa & Qualified Person H-1B is the most popular work visa in the H class of non-immigrant visas. In general, an H-1B visa is for a foreign worker coming to the US to temporarily perform services in a specialty occupation for a US employer. Of paramount concern is i) whether the job is in "specialty occupation," ii) whether the worker has the qualifications, and iii) whether the employer is a "US employer." A “specialty occupation” is simply one where at least a US Bachelor's degree (or foreign equivalent) in a specific discipline is required for the job. So how do Our H1B Visa Immigration Lawyer determine whether a specific type of Bachelors degree is required for the job? Generally, At Aria Law Group our California
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L Visa Immigration Lawyer San Jose Palo Alto San Francisco
L1A Visa Our L Visa Immigration Lawyer helps with an L1A Visa which is for a foreign worker coming to the US to perform services in a managerial or executive capacity for a US branch of a multinational company. In the broadest terms, the petitioner must establish i) that it is a qualified organization, and ii) that the worker is qualified as an executive or manager. An organization is qualified if it is a US affiliate parent or subsidiary of a foreign business entity. The terms "affiliate," "parent," and "subsidiary" are defined by immigration regulations, and not by their generic meaning. There are additional documentary requirements which the organization must meet if it is a "new office" which our Palo Alto L Visa Immigration
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O1 Visa Immigration Lawyer San Jose Palo Alto San Francisco
O1 Visa The O1 Visa classification is divided into O1A and O1B sub-categories. An O1A visa is for a worker who has extraordinary ability in the sciences, education, business, athletics, while an O-1B visa is for a worker who has extraordinary ability in the arts, motion picture, or television industry. The worker must have a US employer that will employ the worker in his/her area of extraordinary ability. The petitioning employer is required to prove i) the worker has "extraordinary ability", and ii) submit a "written consultation. Extraordinary ability in an O1A petition is proven by demonstrating "sustained national or international acclaim." Sustained national or international acclaim is a matter of meeting defining criteria set
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P-1 Visa Immigration Lawyer San Francisco San Jose Palo Alto
P1 Visa for Athletes, Entertainers and artists The P visa classification is divided into P-1, P-2, and P-3 sub-categories. A P-1 visa is specifically for an athlete or entertainer coming to the US to perform in either a competition or with as a member of a foreign-based entertainment group recognized internationally as outstanding in the discipline for a substantial period of time. A P-2 visa is for foreigners coming to the US to perform as an artist or entertainer under a reciprocal exchange program between an organization in the US and an organization in another country. P-3 visa is for foreigners coming temporarily to perform, teach, or coach in the arts or entertainment fields in a culturally unique program. A few examples of
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R1 Visa Immigration Lawyer Palo Alto San Francisco San Jose
R1 Visa Religious Worker Visa R1 visas are specifically for foreign workers coming to the US to perform duties of a religious worker. Applicants must prove that: i) they are a member of a religious denomination for at least 2 years, ii) who will work at a qualified organization, iii) as either a minister, a religious professional, or in another religious vocation. The most typical R1 worker is a "minister," which is defined as a person authorized by a denomination to perform religious worship. An authorizing official of the denomination in the US must declare the worker's qualifications; therefore, a lay preacher cannot be authorized. A "religious professionals" is an individual who will work in a professional
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TN Visa Immigration Lawyer Bay Area San Jose
TN visa for Canadian & Mexican TN stands for "Trade NAFTA." A TN visa allows Canadian and Mexican citizens to work in the Unites States in certain professional occupations. Eligibility is met when i) the job offered is one of the professional occupations listed in NAFTA Chapter 16, Annex 103, Appendix 1602.d.1, ii) that the job is "temporary," and iii) the worker meets the educational and/or licensing requirements for the job. Some of the jobs listed in Appendix 1602.d.1 include: accountants, architects, systems analysts, engineers, graphic designers, lawyers, management consultants, research physicians, social workers, dentists, chemists, and college teachers. There are over 60 occupations listed. Temporary"
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B Visa Immigration Lawyer San Jose Palo Alto San Francisco
B1 Visa (Tourist) & B2 Visa (Business Visa) The B1 and B2 non-immigrant category is classified as B-1 for business visitors and B-2 for tourism visitors. To be eligible for a visitor visa, you would need i) To demonstrate a purpose for your stay in the US, ii) Prove that your stay will be temporary. The purpose of your stay can be established with a personal statement and documentation from third parties, which varies depending on whether you are seeking to visit as a business visitor or a tourism visitor. Anyone seeking admission to the US to visit potential schools should express that they are a prospective student when they apply for the visa so that they may change status to F-1 in the US. If this intent is not
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Student Visa Immigration Lawyer San Jose Palo Alto San Francisco
F1 Visa (Student Visa) An F-1 visa allows foreign nationals to come to the US as a full-time academic or language student enrolled in a program leading to a degree or certificate. Note that other non-immigrant visa holders can be students in school, just as long as it does not interfere with their status. Requirements for an F-1 visa: i) must be coming to the US as a full-time student in a program which leads to the attainment of a specific vocational or educational objective, ii) have already been accepted by a school approved by the government, iii) have sufficient knowledge of English, and iv) demonstrate the financial support needed to complete the studies without having to earn any income. At Aria
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J1 Visa Immigration Lawyer San Francisco San Jose Palo Alto
J1 Visa (Exchange Visa) and Qualified Person A J1 visa (Exchange Visa) allows foreign nationals to come to the US to participate in a exchange program to promote the sharing of knowledge and skills in education, arts, and sciences. In summary, to be eligible for a J1 visa (Exchange Visa), you must i) be coming to work, study, teach, train, or consult in a specific exchange program approved by the Department of State (DOS) through its Bureau of Education and Cultural Affairs, ii) have been accepted into the program, iii) have enough financial ability to cover expenses in the US, and iv) have sufficient knowledge of English to participate in the program. Process of Obtaining a J-1 Visa There are no limits
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Fiancé Visa Immigration Lawyer San Francisco san Jose Palo Alto
K1 Visa, Fiancé (e) Visa and Qualified Person The K1 visa classification is specifically for fiance (e) s of US Citizens seeking admission to the US to get married. To be eligible for a fiancé (e) visa, 1) the petitioner must be a US Citizen, 2) both members of the couple must be legally able to marry, 3) the foreign national must have intent to marry within 90 days or entering the US, and 4) they must have personally met within the past two years. Our Fiancé Visa Immigration Lawyer Can Help get your Fiance into the USA: Proving that both members are legally able to marry requires evidence that they are both of age, and that any previous marriages were properly terminated. If, for example, the US Citizen
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Family Based Green Card Immigration Lawyer
Family based visas are immigrant visas reserved for relatives of US Citizens and Lawful Permanent Residents (Green Card holders). The two steps in applying for lawful permanent residence in the US (a Green Card) are: i) not be inadmissible, and ii) establish eligibility within one of the categories by establishing your relationship to a qualifying relative as either a spouse, child, or parent. Foreign nationals who are inadmissible include those with certain criminal history, diseases, and those who are likely to be a public charge. A public charge is someone who is dependent on the government. At Aria Law Group Our Family Based Green Card Immigration Lawyer assists clients with filing an affidavit of support from the sponsor,
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Asylum Immigration Lawyer in San Jose Palo Alto
Asylum Seeker & Refugee An asylee or refugee is an individual who establishes a well-founded fear of persecution on account of race, religion, nationality, political opinion or membership in a particular group. The difference between an asylee and a refugee is that an asylee is a person applying for such protection within the US, and a refugee is the term used for a person applying for such protection outside the US. In addition to i) proving a well-founded fear on one of the enumerated bases, applicants for asylum should ii) apply within 1 year of entering the US. A "well-founded fear," again, has to be on account of a specific basis of race, religion, nationality, political opinion or membership in a particular group. This
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