I represent clients before the United States Citizenship and Immigration Services (formerly known as the INS) and provide guidance in matters relating to immigration and naturalization, visas, citizenship, asylum, and employment.

I handle all types of U.S. immigration matters, including but not limited to, family and employment based immigrant petitions, work visas (including religious workers), fiancé visas, investor visas, and student visas. I also assist clients eligible for citizenship through the naturalization process. I have years of experience dealing with the United States Citizenship and Immigration Services and have helped prepare countless H-1B and R work visa petitions and family based petitions.

The largest part of my practice is business immigration. This includes the E, H, L, O, P, and R non-immigrant visas, labor condition applications, labor certifications and applications for permanent residency based on employment. Descriptions of some of the most common types of business immigration visas that I prepare for clients are provided below. All of these are non-immigrant visas.

• R -1 Visa
• H-1B visa
• E-1 & E-2 visas
• L-1 visa

H-1B visa

The H-1B visa is the most common type of visa used by American employers to obtain employment authorization for foreign workers. The H-1B is very popular because it enables American employers to hire educated and or experienced foreign workers to come work in the United States. In the computer and high tech sectors, the H-1B is an essential business tool. The H-1B is particularly desirable because the American employer can obtain the H-1B without establishing that there is a shortage of qualified American workers.

Although the H-1B is a non-immigrant visa, it permits its holder to possess "dual intent." The USCIS defines "dual intent" as a simultaneous intention to either return to one's home country or to settle permanently in the United States. Ordinarily, non-immigrant visa applicants and holders are only permitted to possess non-immigrant intent. Applicants for other types of non-immigrant visas must establish that they WILL return to their home country upon expiration of their non-immigrant visa. This means that the applicant may be forced to maintain a foreign residence during the term of their visa.

That H-1B holders are permitted to possess dual intent is very advantageous. The right to dual intent enables H-1B holders to apply for immigrant visas without invalidating their H-1B non-immigrant visa. Indeed, many H-1B holders ultimately are able to obtain Permanent Resident status through their employment in the United States. I have helped many of my H-1B clients obtain Permanent Resident Status.

E-1 & E-2 visas

The E visa category is reserved for citizens or nationals of countries which have entered into treaties with the United States. It may be a treaty of friendship, treaty of commerce and navigation, or Bilateral Investment Treaty or other arrangements such as the North American Free Trade Agreement (NAFTA).

There are significant benefits to those who qualify for E visas, as opposed to other non-immigrant visas. For instance, as long as E visa holders affirm that they will depart the U.S. upon the expiration of their authorized stay, they are able to extend the duration of their visas virtually forever and do not need to demonstrate ties to their home country.

There are two classes of visa in the E category: (a) E-1 Treaty Trader Visa; and (b) E-2 Treaty Investor Visa. Each class in the E category has specific requirements. Note that as a result of NAFTA, Canadian citizens are eligible for both E-1 and E-2 visas.

R -1 Visa

The R-1 visa allows foreign religious workers to achieve non-immigrant status in the United States. The R-1 category is reserved for an alien, and the spouse and children of the alien if accompanying or following to join the alien, who:

a. for the two years immediately preceding the time of application for admission, has been a member of a religious denomination having a bona fide nonprofit, religious organization in the United States; and
b. seeks to enter the United States for a period not to exceed five years to perform the qualifying work with the religious organization in the U.S.

L-1 visa

The L-1 enables foreign companies to transfer executives and managers and/or technical personnel to work in the U.S. at one of its subsidiaries or affiliates. The L-1 category is subdivided into the L-1A for executives and managers and the L-1B for technical personnel having "specialized knowledge." The L-1 is a non-immigrant visa, although the doctrine of "dual intent" is recognized for persons with L-1 status. Dual intent means that the L-1 holder can simultaneously intend to work temporarily in the U.S. for now, but permanently at some date in the future. Since the L-1 also does not presume immigrant intent, its holder may have an immigrant visa petition pending while he/she remains in L-1 status. For a more detailed description of dual intent, please see the description of the H-1B visa above.

If you have questions or would like to make an appointment to speak with the attorney, please contact us.