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Immigration



Our law firm’s immigration department offers specialized legal services to foreign students, scholars, professionals, artists, successful business personnel and people with special talents. Built upon the premise individual attention is highly desired in immigration cases, the firm has successfully designed and tailored its immigration practices according to the needs of each individual client. Our primary immigration practices include all immigrant and nonimmigrant visas especially H-1B nonimmigrant petitions, EB-1, EB-2 , EB-3, EB-4 and EB-5 immigrant visa petitions.

In recent years, with the addition of experienced EB-5 immigration attorneys, our immigration department has expanded its investor immigration legal practices and has successfully filed investor petitions for accomplished businessmen and businesswomen.

1) Non-immigrant Visa

H Visas

L1 Visa

O1 Visa

P1 & P3 Visas

J1 Waiver

Other Visas

2) Immigrant Visa

EB-1 PERM (Alien of Extraordinary Ability/Outstanding Researcher/Professor, Executives/Managers)

EB-2 PERM (Advanced Degree/Exceptional Ability, National Interest Waiver)

EB-3 PERM (Professionals, skilled workers and other workers)

EB-4 PERM (special immigrants)

EB-5 PERM (Investor Visa)

 

1) Non-immigrant Visa 

H Visas:

Our immigration lawyers will first conduct the interviews with you and/or your family. Upon the completion of the assessment by our experienced legal teams, we will determine whether it is viable for you to apply the H visas and what categories of H visas are most suitable to you and your family.

Step 1: Once we decide to take your case, an attorney from our office will collect all the pertinent information concerning your employer, you and your family.

Step 2: Obtain the prevailing wage determination (PWD) for your job from a State Workforce Agency (SWA) or a legitimate private survey agency.

Step 3: File a Labor Condition Application and obtain approval from the Department of Labor.

Step 4: Draft Petition Letter and all other H-1B documents ready to be signed by the employers.

Step 5: Submit a set of completed and signed H-1B petition materials to the USCIS.

Step 6: By paying the USCIS Premium Processing Fees, USCIS will adjudicate your case and render a decision on your case within 15 days.

Step 7: (Optional) In case the USCIS requests additional evidence about your pending application, the attorney who is assigned to your case will work with you to submit the additional documentation required for your case to get approved.

L-1 Visa:

An L-1 visas are available to employees of an international company with offices in both the United States and abroad. Successful applicants of an L-1 visa can enter the United States for the purpose of work in L-1 Status. In our firm, similar to the procedures we used in handling H visas, in particular H-1B procedures, we will first assess your situation and inform you whether you will be eligible under L-1visa. Please be advised that an L-1 visa is a non-immigrant visa, and is valid for a total of seven years. The visa allows such foreign workers to relocate to the corporation’s US office after having worked abroad for the company for at least one year prior to being granted L-1 status. The US office must be a parent company, child company, or sister company to the foreign company. An L-1 beneficiary and his/her immediate family member may be eligible to apply for permanent residency in the US through EB-1 category any time after obtaining the L-1 visa.

O-1 Visa:

In general, an O visa is a classification of non-immigrant temporary worker visa granted by the United States to aliens “who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements,” and to certain assistants and immediate family members of such aliens. More specifically, an O-1 visa is designed for aliens of extraordinary ability or achievement in the sciences, arts, business, and education.

To apply for an O-1 visa, interested aliens must choose a reputable and experienced law firm with personal touch because the application involves a great deal of documentation work to demonstrate the applicant’s exceptional ability in his or her  field. At Yang & Associates, P.C. we will assign experienced attorneys to work on your cases, individually handling your case from start to the end.

J-1 Visa:

A J-1 visa is a non-immigrant visa issued by the United States to exchange visitors participating in programs that promote cultural exchanges, especially to obtain medical or business training within the U.S. All applicants must meet eligibility criteria and be sponsored either by a private sector or government program. J-1 visitors may remain in the United States until the end of their exchange program, as specified on form DS-2019.

Other visas    

For inquiries regarding to other B, E, F, J, M, O-2, P, Q and TN visas, please call our office to make an appointment for a FREE CONSULTATION.

2) Immigrant Visa

EB-1 Visa (Alien of Extraordinary Ability)

An EB-1 visa is for an alien with extraordinary ability in sciences, arts, education, business or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation. Generally three groups of people belong to EB-1 category: 1) those with “extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation;” 2) outstanding professors and researchers; 3) “Some executives and managers of foreign companies who are transferred to the U.S.”

The requirements for obtaining EB-1 are:

Applicant must demonstrate “sustained or international acclaim” and that his or her achievements have been recognized in his or her field of expertise. Aliens must meet 3 out of the 10 listed criteria below to prove extraordinary ability in your field (Source: USCIS Website):

  1. Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence.
  2. Evidence of your membership in associations in the field which demand outstanding achievement of their members.
  3. Evidence of published material about you in professional or major trade publications or other major media.
  4. Evidence that you have been asked to judge the work of others, either individually or on a panel.
  5. Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field.
  6. Evidence of your authorship of scholarly articles in professional or major trade publications or other major media.
  7. Evidence that your work has been displayed at artistic exhibitions or showcases.
  8. Evidence of your performance of a leading or critical role in distinguished organizations.
  9. Evidence that you command a high salary or other significantly high remuneration in relation to others in the field.
  10. Evidence of your commercial successes in the performing arts.

EB-2 PERM (Advanced Degree/Exceptional Ability, National Interest Waiver)

An alien may be eligible for an employment-based, second preference visa if he or she is a member of the professions holding an advanced degree or its equivalent, or a foreign national who has exceptional ability. Listed below are the categories of people who may be qualified for EB-2 PERM status (Source: USCIS Website):

  1. Advanced Degree: The job an alien applies for must require an advanced degree and an alien must possess such a degree or its equivalent (a baccalaureate degree plus 5 years progressive work experience in the field).
  2. Exceptional Ability: An alien must be able to show exceptional ability in the sciences, arts, or business.  Exceptional ability is defined as “a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.”
  3. National Interest Waiver: Aliens seeking a national interest waiver are requesting that the Labor Certification be waived because it is in the interest of the United States.       Though the jobs that qualify for a national interest waiver are not defined by statute, national interest waivers are usually granted to those who have exceptional ability (see above) and whose employment in the United States would greatly benefit the national interests.

EB-3 (Professionals, skilled workers and other workers)

An alien may be eligible for this visa preference category if he or she is a skilled worker, professional, or other worker. (Source: USCIS Website)

  1. “Skilled workers”: persons whose job require a minimum of 2 years training or work experience, not of a temporary or seasonal nature.
  2. “Professionals”: person whose job requires at least a U.S. baccalaureate degree or a foreign equivalent and is a member of the professions.
  3. The “other workers” subcategory is for persons performing unskilled labor requiring less than 2 years training or experience, not of a temporary or seasonal nature.

EB-4  (special immigrants)

An alien may be eligible for an employment-based, fourth preference visa if he or she is a special immigrant. The following special immigrants are eligible for the fourth preference visa (Source: USCIS Website):

  1. Religious Workers.
  2. Broadcasters.
  3. Iraqi/Afghan Translators.
  4. Iraqis Who Have Assisted the United States.
  5. International Organization Employees.
  6. Physicians.
  7. Armed Forces Members.
  8. Panama Canal Zone Employees.
  9. Retired NATO-6 employees.
  10. Spouses and Children of Deceased NATO-6 employees.

EB-5 (Investor Immigration)

An EB-5 investor visa enables the foreign investors to obtain a green card when aliens invest money in the United States. Under a pilot immigration program first enacted in 1992 and regularly reauthorized since, certain EB-5 visas also are set aside for investors in Regional Centers designated by USCIS based on proposals for promoting economic growth (Source: USCIS Website).

There are certain requirements attached to EB-5 Perm (investor visa) program:

1) All EB-5 investors must invest in a new commercial enterprise.

2) Job Creation Requirement: Create or maintain at least 10 full-time jobs for qualifying U.S. workers within two years.

3) Capital Investment Requirements:

  1.  General: The minimum qualifying investment is $1 million.
  2.  Targeted Employment Area (High Unemployment or Rural Area). The minimum qualifying investment either within a high-unemployment area or rural area in the United States is $500,000.
  3. Regional Centers: $500,000.

(For More Information, please see EB-5 Section)


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