NONIMMIGRANT VISA PETITIONS, INCLUDING B, E, F, H-1B, H-2A, H-2B, H-3, J, K, L, M, O, P, Q, R and TN

Nonimmigrants are persons coming to the United States for a temporary period of time. Nearly the entire alphabet has been used to designate different nonimmigrant classifications. The Chandler Law Firm, LLC is experienced and familiar with all of these classifications. They include:

B-1/B-2 Visitors

B-1 visitors enter the U.S. for business purposes, and B-2 visitors enter for pleasure. Both types of visitors typically are admitted for a period of 6 months.

Visitors from certain countries may also enter under the Visa Waiver Program. Those entering under the Visa Waiver Program are admitted for only 90 days.

“E” Treaty Traders and Treaty Investors

Persons who are citizens of countries with which the United States has the requisite treaty may enter the U.S. based on making either a significant investment in the U.S. or carrying on substantial trade.

“F” Students

Foreign students may study in the U.S. but must comply with detailed regulations. As long as they remain in compliance with these regulations, they typically may remain in the U.S. until completion of their program of study and often qualify for a period of practical training either during or after their course of study.

H-1B Specialty Occupation Workers

H-1B workers generally must possess bachelor's degrees or establish that their experience equates to a bachelor's degree. They must be offered a job in a field related to their course of study. There is an annual cap on the number of H-1Bs that may be approved.

H-2A and H-2B

H-2A and H-2B workers come to fill temporary labor needs of U.S. employers. Before employers may petition for foreign H-2A and H-2B workers, they must recruit for U.S. workers.

H-3 Trainees

H-3 trainees enter the U.S. to gain training which is unavailable in their home countries. The employer/trainer must submit a detailed training program for approval by Citizenship and Immigration Services (“CIS”).

J Exchange Visitors

J exchange visitors may enter the U.S. in a variety of capacities, including as students, researchers, professors and trainees. Some “J”s must return to their home country, or country of last residence, before they may change to another nonimmigrant status or permanent residency.

K Fiancés and Spouses of United States Citizens

The “K” visas allow fiancés and spouses and their children to enter the U.S. to join U.S. citizen fiancés and spouses.

L Intra-Company Transferees

The “L” visa is used by certain employees of multi-national corporations. It allows executives, managers and persons with specialized knowledge to enter the U.S. to work for a company affiliated with the overseas employer.

M Vocational Students

The “M” visa is for persons coming to the U.S. to attend vocational schools.

O Extraordinary Ability

Persons working in certain fields, who can prove that they have extraordinary ability, may qualify for “O” status. To qualify for “O” status, most persons need to produce extensive documentation of accomplishments and acclaim.

P Performers and Athletes

This category is for athletes who compete individually or as part of a team at an internationally-recognized level and for members of an entertainment group that has been internationally recognized for a sustained period of time.

Q Cultural Exchange

Employers having a program in place to integrate persons from another culture into their workplace may petition for a “Q” visa.

R Religious Workers

Three types of religious workers are eligible to enter the U.S. in R status. They include ministers, religious professionals and religious workers. The organizations they come to work for must be approved or approvable by the IRS for 501(c)(3) status.

TN (Trade NAFTA)

Canadian and Mexican citizens with occupations and credentials listed in the North American Free Trade Agreement may qualify for TN status. The TN status is sometimes a good alternative to H-1B status, particularly because there is no limit to the number of TNs that may be approved annually.

PERMANENT RESIDENCY ("GREEN CARD")

There are a variety of ways to obtain lawful permanent resident status. Chandler Law Firm, LLC carefully evaluates each individual’s situation and recommends a procedure. The most common ways of obtaining permanent residency include the following:

Employment-Based Petitions

Phase 1: Department of Labor

Most persons who immigrate based on their job skills need to establish that there are no American workers able and willing to do the job that the prospective foreign worker can do. To do this, they need a prospective employer who recruits for the position, following very detailed and specific procedures. If, following recruitment, the U.S. Department of Labor is convinced that there are no American workers available for the position, it will issue a “labor certification.”

Certain groups are exempt from the labor certification requirement or eligible for an expedited labor certification process. Please consult our office for further information on eligibility for exceptions to the usual process, as described.

Phase 2: USCIS and Department of State

After the job offer is certified by the U.S. Department of Labor, our office will prepare a visa petition for submission to CIS. Along with the visa petition, we submit proof that the alien qualifies for the position and proof that the employer is capable of paying the alien.

Most persons pursuing permanent residency will choose to complete the process within the U.S. by “adjusting status.” For our adjustment applicants, we submit an “Application to Adjust Status” either with the visa petition or after the petition is approved. Alternatively, persons may complete the process at a U.S. Consulate or Embassy outside of the U.S.

Whether the process is completed inside or outside of the U.S., CIS – or the Department of State if outside the U.S. – will make a final determination as to whether the applicant should be admitted as a resident and will verify that the job offer certified by the Department of Labor is still available.

Employer’s Responsibilities

1. Maintain an offer of employment open to the alien during the entire duration of the process. Because of current lengthy processing times, CIS now allows aliens to change employers and to continue with the residence process after their adjustment applications have been pending for 180 days. However, detailed criteria must be met in order for such a “transfer” to be permitted. Please consult this office for details.

2. Provide a copy of the company’s, or personal (depending on the case) most recent Federal Income Tax Return, or other financial information, to prove the company’s ability to pay the wages offered to the alien.

3. Contact and interview job applicants who, from their resumes, appear to qualify for the position described in the Labor Certification Application.

4. Provide a “Job Offer Letter” at the end of the case confirming that the job is available to the alien.

Family Petitions

United States citizens may petition CIS to allow their spouses, children, siblings and parents to immigrate. Lawful permanent residents of the United States may petition only for their spouses and children. Some of the categories of relatives who are eligible to enter the United States based on a relative’s petition are subject to the visa quota system and may have to wait several years before being eligible to immigrate.

Lottery

The visa lottery, offered annually to persons from specific countries, has been a means that thousands have used to become permanent residents of the U.S. The process is an easy one, usually requiring no legal assistance. We encourage our clients to apply for the lottery, since the filing of a lottery application does not interfere with other methods of acquiring residency which may be in process.

Investment

Certain persons who invest a large amount of money in the U.S., at least $500,000 to $1,000,000, and create at least ten full-time jobs for American workers, may be eligible to obtain residency based on their investment. The investment must create a new enterprise or re-structure an existing enterprise; and it must be maintained for at least two years.

Religious Workers

Religious workers, including ministers, religious professionals and other workers engaged in work of a religious nature may be eligible to apply for permanent residency without first obtaining a labor certification. They must work for 501(c)(3) – eligible organizations and meet specific membership criteria.

NATURALIZATION

Chandler Law Firm, LLC represents many individuals in the process of naturalizing; and we are proud of the hundreds of loyal U.S. citizens we have assisted. Many of our naturalization clients have worked with us for years – through the processes of becoming nonimmigrants and then lawful permanent residents – until they eventually are able to naturalize.

I-9 CONSULTATIONS AND AUDITS

Since 1986, when the Immigration Reform and Control Act was passed, U.S. employers have been responsible for verifying the identity and employment authorization of all employees. Chandler Law Firm, LLC advises employers on these responsibilities and represents them in audits conducted by CIS.

REMOVAL

Chandler Law Firm, LLC represents clients in various types of proceedings held to determine whether an alien may be admitted or remain in the United States. Such proceedings are adversarial in nature and held before immigration judges or officials of the Department of Homeland Security.

NEWS

H-lB Cap for Fiscal Year 2014 Reached in 5 Days!

The annual cap on H-lB's of 65,000 was reached on April 5,2013. That is only five days after the window for applying opened on April 2,2013. Current law provides that if the cap is reached within five days, a lottery involving all who submitted H-lB applications within that period of time will be conducted and the H-lB "winners" randomly chosen.

Last year, the H-lB cap was not reached until June, so this year's demand for foreign workers is significantly greater than last year's, perhaps signaling an improving economy.

THE DREAM ACT AND DEFERRED ACTION

On June 15, 2012, Department of Homeland Security (DHS) Secretary Janet Napolitano issued a memorandum allowing certain young people to apply for deferred action, which is protection from deportation, for a period of two years. To qualify, one must meet the following criteria:

• Must have entered the United States when under the age of sixteen;
• Must have resided continuously in the United States for at least five years preceding June 15, 2012 and been physically present in the United States on June 15, 2012;
• Must currently be in school, obtained a general education development (GED) certificate, or be an honorably discharged veteran of the Coast Guard or Armed Forces of the United States;
• Must not have been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses or otherwise pose a threat to national security or public safety; and
• Not be older than thirty years of age.

Note that approval for deferred action does not mean a grant of lawful status, permanent residency or citizenship.

H-1B CAP REACHED

The H-1B annual cap for fiscal year 2013 was reached June 11, 2012, much earlier than in previous years. The good news is that the greater demand for H-1B foreign workers may signal an improving economy; the bad news is that companies needing H-1B workers must wait until April, 2013 to apply and until October 1, 2013 for new H-1B workers to actually begin working.