Our firm has experience handling a variety of emoplyment-based and investor-based nonimmigrant visas. We also routinely prepare and file family-based and employment-based green cards. We have successfully resolved many immigration cases in federal court.
Temporary Work Visas
E-1/E-2 Treaty Trader/Treaty Investor
Commonly called “Treaty/Trader Visas,” this work visa is available to certain investors or traders and their employees who are nationals of a country that maintains a navigation and commerce treaty with the U.S. The qualifying trade or investment must be substantial along with several other requirements that must be met. The E-1/E-2 visas may be extended indefinitely.
E-3 Specialty Occupation Professionals From Australia
The E-3 work visa is exclusively for Australian nationals. The requirements are similar to those for the H-1B, however, the E-3 is not subject to the same numerical cap as the H-1B and the E-3 may be extended indefinitely.
H-1B Specialty Occupation
This work visa is for occupations that require at least a bachelor’s degree in a specific specialty as a minimum for entry into the field and the job offered must require this degree. Because there are only a limited number of H-1Bsa issued each year and significantly more petitions submitted, every petition must be submitted to USCIS by April 1st to enter the H-1B lottery.
There are some rare exceptions to the numerical cap for certain non-profit or government organization employers.
J-1 Exchange Visitor
The J-1 visa is a cultural exchange program allowing participants to work or study in the U.S. There are a wide variety of J-1 programs ranging from Au Pairs to Physicians to Camp Counselors to Scholars and Professors; however, the most popular are the visas based in the intern and trainee programs which can be utilized for many occupations. These two most popular visa programs have a maximum duration of 12-18 months, respectively. Some J-1 visa holders from certain countries may be subject to a two-year home residency requirement upon completion of the J-1 program.
L-1A/L-1B Intracompany Transferee
L-1 visas are available to company transferees. Employees must have worked abroad for at least one year out of the three previous years with a related foreign entity. For L-1A petitions, beneficiaries must demonstrate that they were employed in a managerial or executive capacity and will be working in a similar role in the United States. For L-1B petitions, beneficiaries must demonstrate that they worked for the related entity abroad utilizing specialized knowledge and will continue utilizing this specialized knowledge in the U.S.
O-1 Extraordinary Ability
Please see our extraordinary ability section for more information.
P-1A/P-1B Internationally Recognized Athletes and Members of Entertainment Groups
The P-1 a 1-year work visa for internationally recognized athletes (P-1A), who may compete in individual or team events, or members of an internationally recognized entertainment group (P-1B). The P-1 visas may be extended indefinitely in 1-year increments.
P-3 Culturally Unique Artist or Entertainer
This is a 1-year work visa (that can be renewed indefinitely) for artists and entertainers coming to perform, teach or coach in culturally unique programs. The P-3 may be extended indefinitely in 1-year increments.
TN NAFTA Professional
The TN visa is exclusively for Canadian and Mexican nationals. The requirements are similar to those for the H-1B, however, the beneficiary must be coming to work in a specifically authorized occupation. Like the E-3, the TN is not subject to the same numerical cap as the H-1B and it may be extended indefinitely.
Other Nonimmigrant Visas
In addition to those listed above, Milstein Law Group has obtained successful adjudications for other non-immigrant visa types including O-2, H-1B1, H-2B, B-1/B-2, R and more.
Green Cards/Lawful Permanent Residence
EB-1A Extraordinary Ability
This is a self-petitioned permanent resident visa for individuals with “extraordinary abilities.” Please see our extraordinary ability section for more information.
EB-1B Outstanding Researcher
This is an employer sponsored permanent resident visa for outstanding researchers in scientific or scholarly fields.
EB-1C Multinational Manager
This is an employer sponsored permanent resident visa. To qualify, beneficiaries must demonstrate that they were employed overseas in a managerial or executive role for at least one year and will be coming to the U.S. to fill a similar role. The companies must, amongst other requirements, have a qualifying relationship.
EB-2 National Interest Waiver
This is a self-petitioned permanent resident visa available to those who have an advanced degree or “exceptional ability” and can demonstrate that their work is in the national interest. National interested can be demonstrated in several ways, most notably in the medical fields or evidence of a significant economic impact.
EB-2/EB-3 PERM Based Petitions
This is the most common employer sponsored permanent resident visa. Employers must comply with wage requirements determined by the Department of Labor and engage in a series of recruitment efforts demonstrating that there are no eligible and willing U.S. workers to fill the position.
Family-Based Permanent Residency Petitions
Both U.S. citizens and lawful permanent residents may petition for permanent residence for certain family members.
Naturalization & Citizenship
Lawful permanent residents may petition for naturalization within 5 years of obtaining their green card provided certain requirements are met. LPRs who are married to a U.S. citizen for 3 years may qualify earlier.
Consular Assistance Abroad
We are experienced at navigating the forms and permanent residence application process abroad that can often be confusing and overwhelming.
Other Immigrant Visas
Milstein Law Group also has experience with other permanent visas including the EB-5 Investor Visa and assisting in more complex matters such as various waivers.