Immigration
Law
We
at the Law Offices of Jae Y. Kim, LLC can help you with immigration
procedures related to the matters outlined below:
Non
Immigrant : Temporary Status
B1
- Visitor for Business; B2 - Visitor 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.
E1
- Treaty Trader; E2 - Treaty Investor
Investors / traders and their employees may receive visas to
carry on their business in the U.S. if the home country has
a commercial treaty with the United States conferring visa eligibility.
F1
- Academic Student
Persons enrolling in a full course of study at an educational
institution in the United States may be eligible for a visa
for the course of their study and a period for practical training
(P/T) in their field.
H-1B
- Specialty Occupation, DOD Employee
Professionals with at least a bachelor’s degree or its equivalent
in work experience may be eligible for a nonimmigrant visa if
the position requires such a degree. Their employers should
demonstrate that they are paid at least the prevailing wage
for the job.
H-2A
- Agricultural Labor
H-2B
- Other Temporary Labor
H3
– Trainee
I
- Representatives of Foreign News Media
J
- Exchange Visitor
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
- Fiance/e of U.S. Citizen
A 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
L-1 visas are available to executives, managers and specialized
employees moving to their employer's U.S. affiliate sites. Executives
and managers holding L-1 visas may be eligible for permanent
residency without the need for a labor certification. See article
entitled, “E13 Category for Multinational Executives and Managers.”
M
- Vocational Student
O1,
O2 - Extraordinary Ability
The O-1 category is for foreign nationals with extraordinary
ability in the arts, sciences, athletics, education, or business.
P1,
P2, P3 - Athletes and Group Entertainers
For athletes, artists, and entertainers.
Q
- International Cultural Exchange Program
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.
Dependents
of the Above
Other
Nonimmigrant Categories
Immigrant
: Permanent Status : Employment Based
EB1
- First Preference
A.
Persons of Extraordinary Ability
B.
Outstanding Professors and Researchers
C.
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
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 : DV-1 Visas (the "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.
LEGAL
REPRESENTATION AND CONSULAR PRACTICE
Representation before the INS throughout the United States and
U.S. Consulates worldwide.
OTHER
IMMIGRATION MATTERS
Representation and counsel in other general immigration matters.
