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Practice Areas

We provide a range of services to those seeking to come to the United States of America for tourism, business, education, immigration, and naturalization.

  • Priority Workers (EB-1)

  • Professionals With Advanced Degrees and Persons of Exceptional Ability (EB-2)

  • Skilled Workers, Professionals, and Unskilled Workers (EB-3)

  • Certain Special Immigrants (EB-4)

  • Immigrant Investors (EB-5)

Employment-based Visas

There are five distinct employment based visa categories (EB1-EB5).

 

Priority Workers (EB-1): This is known as the "Employment First Preference" category and is divided into three groups:

  1. Persons with extraordinary ability in the sciences, arts, education, business, or athletics. Applicants must have extensive documentation proving that they are nationally or internationally recognized in the particular field of expertise. These applicants do not require a specific job offer but they must be entering the US to continue working in their area of expertise for which they are recognized;

  2. Outstanding professors and researchers who have at least three years experience in teaching or research and are internationally recognized. They must have a job offer and be coming to the US to pursue tenure, tenure track teaching, or a comparable research position at a university or other institution of higher education;

  3. Multinational managers or executives who have been employed in a managerial or executive capacity for at least one of the three preceding years by the overseas a affiliate, parent, subsidiary, or branch of the US employer. The applicant must have a job offer from the US employer and be coming to the US to work in a managerial or executive capacity.

 

Professionals With Advanced Degrees and Persons of Exceptional Ability (EB-2): Otherwise known as the "Employment Second Preference Category" is a visa issued to individuals who have an advanced degree or have an exceptional ability in
the sciences, arts, or business
. Applicants in this category typically require a labor certification by the Department of labor and a job offer from a US employer, unless they qualify for a National Interest Waiver (NIW).

​

Skilled Workers, Professionals, and Unskilled Workers (EB-3): This "Employment Third Preference" category visa is issued to workers who do not fall under the EB-1 or EB-2 categories. "Skilled workers" are those whose jobs require at least two years of
training or work experience
. The work experience must not be of a seasonal or temporary nature. "Professionals" are individuals whose jobs requires at least a bachelor's degree from a US university or college or its foreign equivalent degree. "Unskilled workers" refers to individuals who are capable of filling positions that require less than two years of training or experience (not temporary or seasonal). Applicants in this visa category require a Department of Labor certification and a sponsoring US employer.

​

Certain Special Immigrants (EB-4): This "Employment Fourth Preference" comprises certain applicants that have been specifically designated. The applicants that fall under this category are quite numerous and varied. For instance, this category
includes ministers of religion and certain religious workers, certain employees or former employees of the US government, certain Iraqi and Afghan interpreters and translators, certain foreign medical graduates, and some retired employees of international organizations. Applicants for the fourth preference category don't require a Labor Department certification.

​

Immigrant Investors (EB-5): This "Employment Fifth Preference" immigrant visa category is for foreign investors who make a capital investment and create or preserve a certain number of jobs in the United States. The minimum amount of investment is $800,000 (US Dollars) in a targeted employment area, or $1,050,000 in other areas. This capital investment must create at least ten jobs for US citizens, lawful permanent residents, or other immigrants authorized to work in the US. The jobs must last over a two year period and cannot include the investor, the investor's spouse, or the investor's children.

Family Immigration Visas

If you wish to immigrate to the US and have a relative who is a lawful permanent resident (LPR) or US citizen, you may be eligible for an immigration visa. The United States' immigration law provides that LPRs and US citizens may sponsor specific relatives who meet certain criteria. Certain categories of visas known as Immediate Relative Immigrant Visas are unlimited each fiscal year and need to be sponsored by US citizens. An American citizen may sponsor the following for an Immediate Relative Immigrant Visa:

  • Spouse;

  • Unmarried child under 21 years of age;

  • An orphan adopted abroad or in the US;

  • Parent(s).

​

Another category of visas are limited by law and may be sponsored by US citizens and Lawful Permanent Residents. These are known as Family Preference Immigrant Visas. These visas are issued to:

  • Unmarried sons and daughters of US citizens and their minor children;

  • Spouses, minor children, and unmarried sons and daughters of lawful permanent residents;

  • Married sons and daughters of US citizens and their spouses and minor children;

  • Brothers and sisters of US citizens (over 21 years of age) and their spouses and minor children.

Non-immigrant Visas

Business Visitor Visas (B-1)
B-1 visas are nonimmigrant visas for persons who want to enter the United States temporarily for business. If the purpose of the planned travel is business related, for example, to consult with business associates, attend a scientific, educational, professional
or business conference, settle an estate, or negotiate a contract, then a business visitor visa (B-1) would be the appropriate type of visa for the travel. The following are examples of instances where a B-1 visa is issued. Note that this list is not exhaustive and is only by way of example:

  • Professional athletes who seek to enter to US as members of a team in order to compete and receive no salary or income from a US based entity;

  • Investors seeking investment who intend to survey potential sites for a business and/or to lease premises in the United States;

  • People who intend to attend a conference, meeting, trade show, or business event;

  • Exposition or trade show employees of foreign exhibitors at international fairs (excludes government representatives);

  • Lecturer or speaker;

  • Researcher;

  • Sales/selling (Exhibition/taking orders/negotiating and signing contracts for products, which must be produced outside the United States.);

  • Service engineer (Commercial, Industrial); and

  • Participation in short-term trainings.

​

Pleasure, Tourism, Medical Treatment Visitor Visas (B-2)
If the purpose of the planned travel is recreational in nature, including tourism, visiting friends or relatives, rest, or is related to medical treatment, activities of a fraternal, social, or service nature, or participation by amateurs who will receive no remuneration in musical, sports and similar events or contests, then a visitor visa (B-2) would be the appropriate type of visa for the travel. The following are examples of instances where a B-2 visa is issued. Note that this list is not exhaustive and is only by way of example:

  • Tourism;

  • Vacation (holiday);

  • Visit with friends or relatives;

  • Medical treatment;

  • Participation in social events hosted by fraternal, social, or service organizations;

  • Participation by amateurs in musical, sports, or similar events or contests, if not being paid for participating;

  • Enrollment in a short recreational course of study, not for credit toward a degree (for example, a two-day cooking class while on vacation).

​

Treaty Trader and Investor Visas (E-1 and E-2)
Treaty Trader (E-1) and Treaty Investor (E-2) visas are for citizens of countries with which the United States maintains treaties of commerce and navigation. A national of such countries must be coming to the United States to engage in substantial trade in qualifying activities, including trade in services or technology, or to develop and direct the operations of an enterprise in which they have invested a substantial amount of capital. The following are examples of instances where an E-1 or E-2 visa is issued. Note that this list is not exhaustive and is only by way of example:

  • International banking;

  • Insurance;

  • Transportation;

  • Tourism;

  • Communications.

​

Students and Academics (F,M, and J)
Students who wish to study in a course leading to the award of a degree need to apply to a Student and Exchange Visitor Program (SEVP) approved school. Once they have been accepted by a SEVP approved school, they will need to apply for a F or M visa at a US embassy or consulate. "M" visas are issued for enrollment in vocational or other recognized non-academic schools. "F" visas are issued to students enrolling in the following institutions:

  • University or college;

  • High school;

  • Private elementary school;

  • Seminary;

  • Conservatory;

  • Other academic institutions.

©2015 by Dragoman PLLC 

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