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https://images.squarespace-cdn.com/content/v1/5f1887dc4e467527d11b9a61/1622655741895-MG063646XJIK8UPC7AWM/IMG_1842.JPG Attorney Bio - Lauren Jo Lauren Jo is the Founder and Principal Attorney of Lauren Jo Law, LLC. With extensive experience as a corporate immigration lawyer, Lauren has represented businesses of all sizes, from Fortune 500 companies to solo entrepreneurs, in obtaining temporary and permanent work visas, worksite compliance matters, and development of customized immigration compliance programs. She has also represented families in their individual immigration matters including green cards, work authorization, travel permission, and naturalization. Prior to opening Lauren Jo Law, she was an Associate Attorney at an AmLaw 100 law firm in Manhattan, practicing exclusively in U.S. immigration and nationality law. When not assisting clients through the complex immigration maze, Lauren enjoys reading, the beach, learning languages on Duolingo (with an over 1,000 day streak), and spending time with her family. Education: J.D., New England Law | Boston B.A. University of Connecticut Cours de la Civilisation, Paris IV-Sorbonne Memberships: Licensed in New York American Immigration Lawyers Association (AILA), New York Chapter New York City Bar Association Publications: New York State Bar Association, Corporate Counsel Section Inside, “What Every Corporate Counsel Needs to Know About Immigration,” January 2021 Quoted in The New York Times article “Do Restrictions on H-1B Visas Create American Jobs?” May 2021 Speaking Engagements: The New School “Post-Graduation Immigration Options,” January 2021 The New School “H-1B Lottery Process,” March 2021 Brooklyn Law School “Immigration Panel,” April 2021 The New School “Post-Graduation Immigration Options,” September 2021 Cal State, LA “Life After F-1,” November 2021 The New School “H-1B and O-1B Visa Options,” March 2022 The New School “Life After F-1,” September 2022 The New School “H-1B and O-1 Visa Options,” January 2023 Post University “Life After F-1,” April 2023 The New School “Life After F-1, the H-1B Visa” September 2023 The New School “Life After F-1, the O-1 Visa” September 2023 The New School “Life After F-1, Other Nonimmigrant Visa Options” October 2023 Pro Bono Service: The Safe Passage Project CUNY Citizenship Now! Albany Detention Outreach Project https://www.laurenjolaw.com/home daily 1.0 2025-11-18 https://www.laurenjolaw.com/services-for-attorneys daily 0.75 2022-03-16 https://images.squarespace-cdn.com/content/v1/5f1887dc4e467527d11b9a61/1608055736531-1PDF31YMKI0VUCAPX0KG/image-asset.jpeg Services for Attorneys - Advice On The Impact Of Immigration Status On Legal Rights Your client's right to work, study, travel, and receive government benefits are all dependent on his or her immigration status. Life changes such as divorce or death of a spouse can alter a non-citizen's rights. Special care should be taken to protect the rights of non-citizens in family law proceedings, probate documents, and business contracts. Lauren Jo Law can advise you on the impact of your client's immigration status on legal rights. Advice is limited to proceedings under New York or Federal law. https://images.squarespace-cdn.com/content/v1/5f1887dc4e467527d11b9a61/1608055094724-FFB8AULYFJRWMLJUIX4W/image-asset.jpeg Services for Attorneys - Consultations On The Immigration Consequences Of Criminal Pleas Criminal defense attorneys have a duty to advise their clients about the immigration consequences of pleading guilty to any offense under Padilla v. Kentucky. However, immigration regulations are complicated and ever-changing. Lauren Jo Law can advise you on the potential consequences to your non-citizen clients of any potential plea. Consultations are only available for New York cases, and require review of client's criminal record and immigration history. https://images.squarespace-cdn.com/content/v1/5f1887dc4e467527d11b9a61/1608056206881-MRQ8JIPYR9TVH3PG6BY1/image-asset.jpeg Services for Attorneys - Local Counsel Lauren Jo Law can provide limited services in New York City, Westchester, and Connecticut areas, such as USCIS interview appearances and document retrieval for out-of-town law firms. https://www.laurenjolaw.com/h1b daily 0.75 2021-04-29 https://images.squarespace-cdn.com/content/v1/5f1887dc4e467527d11b9a61/1619640470325-X0OIY7GMLSORE3GKEKZ4/H-1B-visa.jpg H-1B Specialty Occupation Visa - The H-1B program allows American companies to employ foreign workers who possess both a theoretical or practical application of a body of highly specialized knowledge and a bachelor’s degree or its equivalent, for a temporary period of time. H-1B Cap Quota & Registration Lottery Congress limits the cap quota of new H-1Bs issued annually to 65,000. There are 20,000 additional visas for individuals with US Master’s degrees or higher. Because there are typically more applicants each year than visas allotted, USCIS runs a randomized lottery system to determine who can file an H-1B petition. Starting in March each year, USCIS opens an online registration portal to Employers who wish to sponsor Employees. A registration for each Employee they wish to sponsor is entered, with a government filing fee of $10. At the end of March, the randomized lottery is run and the selected registrations are notified. The Employer will then have a 90 day window from April 1 to June 30 to file an H-1B petition with USCIS on behalf of the Beneficiary Employee. Employer-Employee Relationship Individuals cannot self-petition for an H-1B visa to allow them to work in the US. An employer-employee relationship exists if the U.S. employer has the right to hire, pay, fire, supervise, or control the work of the H-1B worker. It is possible for a sole or majority owner of an American company or organization to establish such a relationship if they can demonstrate that they have the right to control the beneficiary’s employment. Employer Obligations An employer is obligated by Department of Labor regulations to pay the foreign worker at least the actual or prevailing wage for their occupation, whichever is higher. Employers must attest and be prepared to demonstrate to the Department of Labor (DOL) that they will either pay wages to the H-1B worker that are at least equal to the actual wage paid by the employer to other workers with similar experience and qualifications for the position, or pay the foreign worker the prevailing wage for the occupation in the area of intended employment. Employers make such an attestation when submitting the Labor Condition Application (LCA) with the DOL. When submitting the LCA, the employer must also state the physical location where the employer will be working. The employer must register their FEIN number with the DOL before submitting an LCA. At the time the employer files the I-129 Petition along with the H Supplement, they must sign the certified LCA and maintain public access records and remain H-1B compliant. The prevailing wage is defined as the average wage paid to similarly employed workers in a specific occupation in the area of intended employment. The prevailing wage is determined based on the occupation and work location where the foreign worker will be employed. Employers can access information on the prevailing wage by visiting the Online Wage Library published by the Foreign Labor Certification Data Center (OFLC). Educational or Equivalent Component As previously stated the foreign worker must possess a theoretical or practical application of a body of highly specialized knowledge and a bachelor’s degree or its equivalent in work experience in lieu of a degree. The reason for this is that the applicant must demonstrate that their degree or equivalent work experience is directly related to the specialty occupation they seek. If the foreign worker has attained U.S. bachelor’s degree equivalency from their home country, the foreign degree and foreign transcripts must be evaluated by an accredited credential evaluator who can attest to the equivalency. If the foreign worker does not have a degree or possesses an unrelated degree to the specialty occupation, but has at least 12 years of relevant work experience directly related to the specialty occupation position, the work experience will demonstrate the foreign worker’s theoretical or highly specialized knowledge. USCIS uses a formula of three years of experience = one year of US university. Process for Filing Petition If selected in the H-1B Online Registration Lottery, the U.S. employer must petition for entry of the employee by filing USCIS Form I-129 Petition for Non-immigrant Worker, H supplement, data collection supplement, petitioner’s letter describing the proffered position and Beneficiary’s credentials (as they relate to the specialty occupation), supporting documents including but not limited to: the Beneficiary’s Passport ID page (copy), Beneficiary’s resume, Beneficiary’s academic credentials (degree and transcripts), academic evaluation (if the foreign worker possesses a foreign degree), signed certified LCA, prevailing wage information, materials on the company’s business such as brochures/website printouts, company product or service information, expert opinion letters (for candidates with work experience) and paying each of the filing fees for each form. USCIS Form I-907 request for premium processing service is optional. Employers cannot file an H-1B petition or extension for an employee more than 6 months before the employee’s intended start date. Change of Status vs. Consular Notification If the Employee is in the US in valid nonimmigrant status, the petition can be filed as Change of Status. The Employee’s status would change over to H-1B on October 1, the first day of the government fiscal year. The next time the foreign national departs the US, they will need to obtain an H-1B visa stamp at a US Embassy or Consulate abroad before returning to the US. While the Change of Status petition is pending, the foreign national should not depart the US. They must be present in the US on the date of filing the petition and on October 1. If the Employee does not want to switch status immediately or they are outside the US, the petition can be filed as Consular Notification. Once the petition is approved, in order to activate the H-1B status, the foreign national will be required to obtain an H-1B visa stamp in their passport at a US Embassy or Consulate. Once entered the US on the H-1B visa, the H-1B status will start. Duration of H-1B Status A foreign worker can be in H-1B status for a maximum period of six years at a time. After that time an individual must remain outside the United States for one year before another H-1B petition can be approved, if selected in the lottery. Certain foreign nationals may obtain an extension of H-1B status beyond the 6-year maximum period, when: 365 days or more have passed since the filing of any application for labor certification (LCA), Form ETA 750, that is required or used by the foreign national to obtain status as an EB immigrant, 365 days or more have passed since the filing of an EB immigrant petition. https://www.laurenjolaw.com/e-3 daily 0.75 2022-11-03 https://images.squarespace-cdn.com/content/v1/5f1887dc4e467527d11b9a61/1619709648633-HXLVF5XCHWTU94ND5GHG/unsplash-image-7Zb7kUyQg1E.jpg E-3 Australian Specialty Occupation Visa - The E-3 visa is a nonimmigrant classification that is only available to Australian citizens. It is quite similar to the H-1B, in that those in E-3 status must Australian nationals must travel to the United States for the purpose of performing services in a specialty occupation position requiring, at minimum, a bachelor’s degree in a specific field, or equivalent experience. Specialty Occupation A specialty occupation is one that requires theoretical and practical application of a body of knowledge in an area. These positions are often associated with the STEM occupational fields, but are also available to educators, marketing professionals, graphic artists, and many more roles. Specialty occupations typically require the attainment of a bachelor’s degree, or its equivalent in order to qualify for the occupation. Applying From a US Consulate or Embassy If the Employee Beneficiary is outside the US, they can apply for the E-3 visa at a US Embassy or Consulate abroad and bypass USCIS. Documents required for an application directly at the consular post include: A Certified Labor Condition Application (LCA) ETA -9035 specifying the application as an E-3 LCA; Passport photographs of the beneficiary or digital photo for DS-160 application; Academic or other credentials demonstrating the beneficiary’s qualifications for the position; Job offer letter or other documentation from the employer establishing that the beneficiary of the petition will be engaged in a specialty occupation and will be paid the higher of the actual or prevailing wage; The beneficiary must obtain the necessary licenses or other official permissions to practice in the specialty occupation (if applicable); The beneficiary’s biographical documentation such as passport ID page (copy), U.S. Visas issued to the foreign worker (copy), copy of I-20 (if applicable), copy of DS-2019 (if applicable), Documentation about the Petitioner Employer, including their ability to pay the offered wage; DS-160 Online Application for Nonimmigrant Visa confirmation page; MRV Visa receipt; and Visa Interview Appointment Notice. Applying for an E-3 Visa from the United States In order to apply for an E-3 visa, the foreign national’s employer must submit USCIS Form I-129, Petition for Nonimmigrant Worker along with the E supplement and supporting documents. The following is a list of some documents that should be included in the E-3 visa petition. The list is not all inclusive and specific details pertaining to your application should be discussed with a licensed attorney in detail. Additional documents may be necessary depending on the specific case. The list includes but is not limited to the following items: A Certified Labor Condition Application (LCA) ETA -9035 specifying the application as an E-3 LCA; Academic or other credentials demonstrating the beneficiary’s qualifications for the position; Job offer letter or other documentation from the employer establishing that the beneficiary of the petition will be engaged in a specialty occupation and will be paid the higher of the actual or prevailing wage; The beneficiary must obtain the necessary licenses or other official permissions to practice in the specialty occupation (if applicable); The beneficiary’s biographical documentation such as passport ID page (copy), U.S. Visas issued to the foreign worker (copy), copy of I-20 (if applicable), copy of DS-2019 (if applicable), Copies of the Passport ID pages of dependents, marriage certificate and birth certificates of children (if applicable); Documentation about the Petitioner Employer, including their ability to pay the offered wage; and Dependents of E-3 principal applicants in lawful status in the United States must seek a change of status on USCIS Form I-539 (dependents cannot seek a change of status if they have entered the United States on the visa waiver program). Dependent spouses of the E-3 principal applicant may also concurrently file Form I-765 Application for Employment Authorization Document. Duration of Stay An E-3 visa holder may be admitted for an initial period of no more than 2 years. The spouse and minor children accompanying the principal E-3 visa holder shall be admitted for the period during which the principal is in valid E-3 status. Extensions of stay can be granted in increments of two years, generally with no limit on the amount of extensions that can be sought. The employer may extend the Beneficiary’s duration of stay by filing an application for extension of stay on Form I-129, with required accompanying documents. Nonimmigrant Intent The E-3 visa category is a “single intent” visa, meaning that the applicant should have the intent to depart the US in the future and not become a permanent resident. If an applicant demonstrates immigrant intent, future E-3 extensions may be denied or the individual may end up outside the US without a valid E-3 visa to return. Speak with an attorney regarding any green card application process. Dependents E-3 visa applicants are permitted to include spouses and children as dependents in E-3D status. Once in the U.S., an E-3D visa holding spouse is eligible to work pursuant to status. Change of Employment Change of employment is possible if the foreign national has a bona fide job offer in a specialty occupation. The new employment must submit a new E-3 visa application and Labor Condition Application on their behalf. The gap should be no more than 60 days. https://www.laurenjolaw.com/pagetn daily 0.75 2021-04-29 https://images.squarespace-cdn.com/content/v1/5f1887dc4e467527d11b9a61/1619716754099-CO3JVELH8ZKZXE8D3DUC/unsplash-image-azIO-XUkfok.jpg TN USMCA Professional Visa - USCMA is the US-Canada-Mexico Agreement (formerly NAFTA, North American Free Trade Agreement). It creates special economic and trade relationships for the United States, Canada and Mexico. The nonimmigrant USMCA Professional (TN) visa allows citizens of Canada and Mexico, as USMCA professionals to work in the United States. Permanent residents, including Canadian permanent residents, are not able to apply to work as a USMCA professional. The Conditions for Professionals from Mexico and Canada to Work in the United States TN applicants must be Citizens of Canada or Mexico; TN applicants must apply to work in a profession that is on the TN Occupation list; TN applicants position must fill an approved position in the U.S. that requires a USMCA professional; Mexican or Canadian applicants must work in a prearranged full-time or part-time job, for a U.S. employer (see documentation required). Self employment is not permitted; Professional Canadian or Mexican citizens must have the qualifications required for the position; Requirements for Canadian Citizens Canadian citizens are typically visa exempt, meaning they do not require a visa stamp in their passport, however the TN status must be approved either by USCIS or a CBP officer. A Canadian citizen without a TN visa can apply at a U.S. port of entry with all of the following: Request for admission under TN status to Department of Homeland Security, Customs and Border Protection, U.S. immigration officer (at pre-flight inspection or a land-border crossing); Employment Letter - Evidence of professional employment; Proof of professional qualifications, such as transcripts of grades, licenses, certificates, degrees, and/or records of previous employment; Proof of ability to meet license requirements (if applicable); Required fees; and Canadian Passport. Requirements for Mexican Citizens Mexican citizens may apply at US Embassies or Consulates in Mexico for a professional (TN) visa. As part of the visa application process, an interview at the embassy consular section is required for most visa applicants. Interviews are by appointment only. As part of the visa interview, a quick, two-digit, ink-free fingerprint scan can generally be expected in either the same appointment, or a separate biometrics appointment at the Application Support Center (ASC). Each Mexican applicant for a TN visa must submit these forms and documentation, and submit fees as explained below: Confirmation of Online Nonimmigrant Visa Application, Form DS-160 submission; A Mexican passport valid for travel to the United States and with a validity date at least six months beyond the applicant's intended period of stay in the United States; One (1) 2x2 photograph. A photograph is not required if you are applying in Mexico; Letter of employment in the United States. The letter must indicate that the position in question in the U.S. which requires the employment of a person in a professional capacity, consistent with the USMCA Chapter 16, Annex 1603, Appendix 1603.d.1.; Documentation about the Employer, such as website printouts, brochures, or annual report; and Required fees: NIV Application Processing fee and Visa Issuance Fee. Applying for a TN Visa from the United States In order to apply for TN status, the foreign national’s employer must submit USCIS Form I-129, Petition for Nonimmigrant Worker along with the Trade supplement and supporting documents. The following is a list of some documents that should be included in the TN visa petition. The list is not all inclusive and specific details pertaining to your application should be discussed with a licensed attorney in detail. Additional documents may be necessary depending on the specific case. The list includes but is not limited to the following items: Academic or other credentials demonstrating the beneficiary’s qualifications for the position; Job offer letter or other documentation from the employer establishing that the beneficiary of the petition will be engaged in a professional occupation listed on the TN Occupation List; TN Occupation List; The beneficiary must obtain the necessary licenses or other official permissions to practice in the specialty occupation (if applicable); The beneficiary’s biographical documentation such as passport ID page (copy), U.S. Visas issued to the foreign worker (copy), copy of I-20 (if applicable), copy of DS-2019 (if applicable), Copies of the Passport ID pages of dependents, marriage certificate and birth certificates of children (if applicable); Documentation about the Petitioner Employer, including their ability to pay the offered wage; and Dependents of TN principal applicants in lawful status in the United States must seek a change of status on USCIS Form I-539 (dependents cannot seek a change of status if they have entered the United States on the visa waiver program). Duration of Stay The maximum period of initial admission into the U.S is three years. The US Citizenship and Immigration Services (USCIS) grants extensions of stay in time amounts of one year. There is no limit on the number of years a TN visa holder can stay in the United States. For Canadian or Mexican citizens admitted as a USMCA Professional may seek an extension of stay, which may be granted up to one year, by: If the applicant is in the U.S., employer may file Form I-129 Petition for Non-immigrant Worker with the US Citizenship and Immigration Services’ (USCIS) Service Center; or Applicant may apply at a port of entry using the same application and documentation procedures above as required for the initial entry; Nonimmigrant Intent TheTN visa category is a “single intent” visa, meaning that the applicant should have the intent to depart the US in the future and not become a permanent resident. If an applicant demonstrates immigrant intent, future TN extensions may be denied or the individual may end up outside the US without a valid TN visa or status to return. Speak with an attorney regarding any green card application process. Dependents TN visa applicants are permitted to include spouses and children as dependents in TD status. TD spouses are NOT permitted to request work authorization. Change of Employment Change of employment is possible if the foreign national has a bona fide job offer for a professional role that corresponds with the TN Occupation List. The new employment must submit a new TN visa application on their behalf. The gap should be no more than 60 days. https://www.laurenjolaw.com/marriage-green-card daily 0.75 2021-04-29 https://images.squarespace-cdn.com/content/v1/5f1887dc4e467527d11b9a61/1619729304424-G86OYVNGMVSRKJF8JUIV/unsplash-image-M2T1j-6Fn8w.jpg Marriage Green Card - One of the best ways to obtain a green card in the US is through an immediate relative, such as a spouse. There is never a backlog for visas for this category, and they can be obtained inside or outside the US. What is a spouse? The government defines spouse as a lawful husband or wife, which must be established by submitting certain documentation. If the marriage was entered abroad, it must be a legal marriage in the US. Same-sex marriages qualify for green card benefits in the US. Fiancees or couples who have not legally married do not qualify. Immigration Process Overview Marriage to a US Citizen is one of the several categories under which an individual qualifies for U.S. residency. In addition, there is also a separate preference category for spouses of green card holders. There is a multi-part process for your foreign national spouse to become a legal immigrant, and the process is different if you are in or outside of the US: USCIS must first approve the immigrant visa petition (USCIS Form I-130) for your spouse; If spouse is outside the US: Once approved, the I-130 visa petition will be forwarded to the Department of State's National Visa Center (NVC) by USCIS. The NVC will notify your spouse (the beneficiary of the application) once the visa petition is received will collect fees and documents required for the application, including birth certificate, marriage certificate, police certificates, I-864 Affidavit of Support, and DS-260 application. Once all information is collected and uploaded to the Department of State website, the NVC will review and submit to the US Embassy or Consulate in your spouse’s country and schedule an in person interview. A medical exam is required before the interview, and original documents should be brought to the interview at the Embassy. If approved after the interview, the Embassy will hold your spouse’s passport for stamping of the Immigrant Visa and then return it with a packet of documents that your spouse will present to a CBP officer when entering the US. If spouse is inside the U.S. you may file the I-130 petition and your spouse may use the Form I-485, Application to Register Permanent Residence or Adjust Status, to Adjust Status to that of a lawful permanent resident within the United States. These applications are filed together in one package, in one filing. Your spouse may also submit an I-765 Application for Employment Authorization Document, and I-131 Application for Travel Document. These documents allow your spouse to work and travel while the green card petition is pending. Conditional Residence If you have been married less than two years at the time of the green card application, your spouse will receive Conditional Permanent Residence (CPR) and a green card valid for two years. Ninety-days prior to the expiration of the card, you must both file a joint I-751 Removal of Conditions Application with USCIS to establish that you have a bona fide marriage. More information on that process can be found here. https://www.laurenjolaw.com/removal-of-conditions daily 0.75 2021-04-29 https://images.squarespace-cdn.com/content/v1/5f1887dc4e467527d11b9a61/1619731521525-OD3BU6MSLR22MQIQGPE5/unsplash-image-CCjgYjUudxE.jpg Removal of Conditions - If you were married for under two years at the time of filing your green card application, you received Conditional Permanent Residency, and a green card that was issued for two years. You will need to “remove the conditions” in order to extend and remain in Permanent Resident status. Ninety-days prior to the expiration of the card, you must both file a joint I-751 Removal of Conditions Application with USCIS to establish that you have a bona fide marriage. Evidence to establish that the marriage was real and not for immigration purposes include but is not limited to: Evidence of cohabitation, such as copies of lease agreements showing that you and your spouse lived in the same place; Copies of documents proving that that you and your spouse owned property together; Proof of joint assets, joint bank accounts, joint insurances, joint loans, etc Photographs of you and your spouse together and with family and friends throughout the course of your relationship Proof of travel together (hotel reservations, flight confirmations) Proof of continuous communication (emails, text messages, phone records) Copies of birth certificates of your children If the marriage has dissolved within the two years, but was bona fide when you entered the marriage, there are waivers to the joint filing of the I-751 application. Reasoning for a waiver to the joint I-751 filing include: Death of US Citizen Spouse Death certificate Divorce Divorce Decree Battered or Subject to Extreme Cruelty by US Citizen Spouse Copies of police and medical records detailing evidence of physical abuse; Evaluations by clinical social workers and psychologists showing evidence of mental cruelty; and Copy of your divorce decree if your marriage was terminated because of physical abuse or mental cruelty. Extreme Hardship Evidence that your deportation would cause greater hardship than the hardships created when other aliens are removed from the U.S. https://www.laurenjolaw.com/k-1 daily 0.75 2021-06-08 https://images.squarespace-cdn.com/content/v1/5f1887dc4e467527d11b9a61/1623189940694-K3C9FIILF8IRUWQB8DI7/unsplash-image-fAIklKagBcw.jpg K-1 Fiance Visa - The K-1 fiancé(e) visa is design for couples who are separated and the foreign fiancé(e) is outside the U.S. It gives an opportunity for a foreign-born fiancé(e) to come to the U.S. with the intention of marrying their U.S. citizen fiancé(e) who is sponsoring their visa. What is a fiancé(e)? According to immigration regulations, the definition of a fiancé(e) is anyone who receives an I-129F Petition for Alien Fiancé(e) that has been approved. This person should also be coming to the U.S. to marry the U.S. citizen that has sponsored him or her and filed the petition on his or her behalf. Both members of the relationship must not have any binding marital obligations. These means that any previous marriages must have been terminated through divorce, annulment, or death, leaving each fiancé(e) free to marry in the U.S. on the date when the I-129F petition is filed with the USCIS. The marriage must also adhere to the laws that are particular to the specific state where the marriage ceremony will happen. The couple is required to have met in-person at least once within the two years immediately prior to filing the I-129F petition. K-1 Visa Process The K-1 process has three main steps: The U.S. citizen sponsoring the foreign fiancé(e) must submit an I-129F, Petition for Alien Fiancé(e) to the USCIS. It is important to note that the I-129F cannot be submitted to a U.S. embassy, consulate, or overseas USCIS office. After the USCIS approves the petition, it is sent to the National Visa Center (NVC) for processing, and the NVC will send it to the U.S. consulate or embassy after assigning it a case number. Once the U.S. embassy or consulate where the foreign-citizen fiancé(e) will apply, receives the petition from NVC, it will provide the foreign-citizen fiancé(e) with specific instructions, including where to go for the required medical examination. The foreign-citizen fiancé(e) will then be called in for an interview at the consulate for the issuance of a K-3 visa. Traveling to the US Once the K-1 visa is received at the U.S. consulate or embassy abroad, the foreign fiancé(e) is eligible to travel to the U.S. Upon entry to the U.S., the couple has 90 days to get married legally (meaning registered with the state, not just a religious ceremony). After the couple is married, the foreign-born spouse is able to apply for Adjustment of Status (green card application) in order for him/her to work and live permanently in the U.S. https://www.laurenjolaw.com/o-1 daily 0.75 2022-09-08 https://www.laurenjolaw.com/b-1 daily 0.75 2021-06-09 https://images.squarespace-cdn.com/content/v1/5f1887dc4e467527d11b9a61/1623270713351-KZENAAGVXX99IHCZ1HE7/man+in+airport.png B-1 Business Visitor Visa - B-1 Business Visitor Visas are for individuals from non-visa waiver countries who need to enter the U.S. for temporary business purposes, such as meetings, conferences, or training. B-1 vs. Visa Waiver If you are from a Visa Waiver Country, you do not need to apply for a B-1 visa, and you may apply for ESTA, and then enter the U.S. Find out here if your country is eligible for the Visa Waiver Program. If your country is not on the list, then you must apply for a B visa before you can enter the U.S. for business or pleasure. Eligibility for a B-1 The presumption in law is that every visitor visa applicant is an intending immigrant (meaning intends to stay permanently). As such, applicants for B-1 visas must overcome this presumption by demonstrating that: The purpose of their trip is to enter the U.S. for business; That they plan to remain for a specific, limited period of time; Evidence of funds to cover expenses for the trip including all travel, accommodation and living expenses during their stay in the U.S. In case of insufficient financial resources to fund the trip, to provide evidence that his or her employer will provide support; Evidence of compelling social and economic ties abroad, that the foreign national has a residence outside the U.S. as well as other binding ties which will insure his or her return abroad at the end of the visit, and that the foreign national has a foreign residence that he or she has no intention of abandoning; That the foreign national is not engaged in skilled or unskilled labor, study, or work as a representative of foreign press, radio, film, or other information media; and The foreign national must not be coming to the U.S. to provide services or engage in business activities that are primarily for the benefit of a U.S. employer. The B-1 temporary business visitor visa is available to visitors coming temporarily to the U.S. to engage in legitimate business activities of a commercial or professional nature. These visa holders may not receive salary, or compensation, etc. from any U.S. source except for reimbursement of incidental travel expenses only. Permissible Business Visitor Activities The list of permissible activities under the B-1 category includes engaging in commercial transactions not involving gainful employment, such as taking sales orders or making purchases of inventory or supplies for a foreign employer; negotiating contracts; consulting with business associates; engaging in litigation; or participating in scientific, educational, professional, or business conventions or conferences. The most common specialized activities include persons coming: To serve as a personal or domestic servant for a non-immigrant who is on a temporary assignment in the United States, for a U.S. citizen who is subject to international transfers and is in the U.S temporarily, or a U.S. citizen who visits temporarily to the United States but has a residence abroad; To participate in an athletic event as a professional athlete who gets remuneration only in the form of any prize money won by the athlete; To participate in a voluntary service program which benefits a U.S. local community, who establish that they are a member of, and have a commitment to, a particular recognized religious or nonprofit charitable organization; To install, service, or repair, or train U.S. workers to install, service, or repair, equipment or machinery purchased outside of the United States; For the purpose of business, which may include consulting with business associates, conducting negotiations, settling an estate, soliciting sales or investment, and interviewing and hiring staff; To perform professional duties that would normally qualify the person for H-1 status except that the alien would not receive any remuneration from a U.S. source; To explore the possibilities of setting up subsidiary of a foreign corporation, or to make investments; To participate in short-term training, scientific, educational, professional, or business conventions, conferences or seminars or to conduct research; To perform duties including attending board meetings as a member of the board of directors of a U.S. company. Process for Filing Visa Application Applicants should apply at the U.S. Embassy or Consulate where they permanently reside. Note: Criminal history, prior U.S. visa denials, fraud or willful misrepresentation, and inadmissibility issues may render a denial. When in doubt, consult with a licensed attorney before applying for a non-immigrant visa. If you experience any of these issues, you may still be able to apply for a non-immigrant B-1/B-2 visa by applying for a waiver. As part of the visa application process, an interview at the embassy consular section is required for B-1/B-2 visa applicants. Persons below 13 and above 80 years generally do not require an interview, unless requested by embassy or consulate. Supporting Documents Each applicant for a B-1 visa must submit documents in support of their application. The following is a list of suggested documents that should be included with the visa application. The list is not all inclusive and specific details pertaining to your application should be discussed with a licensed attorney in detail. Additional documents may be necessary depending on the specific case. The list includes but is not limited to the following items: A nonimmigrant visa application, Form DS-160; Visa fee receipt; A letter accompanying the application from the applicant and preferably alien's employer specifying the business need for the trip and specific nature of the trip including an itinerary of dates where the business meetings will take place, locations, and what specific bona fide arrangements have been made to depart the United States; A passport valid for travel to the United States and with a validity date of at least six months beyond the applicant's intended period of stay in the United States; Two passport-style photographs Information describing the company such as brochures, catalogs, annual reports; A copy of your itinerary for your length of stay if applicable; A copy of your flight reservation demonstrating your eventual return to your country of origin; Documentation demonstrating ability and intention of the alien, or that of his or her employer, to support the alien's travel and other expenses while in the U.S. otherwise known as a ‘letter of financial sponsorship’ if applicable, otherwise the applicant must provide their own financial documentation demonstrating that they will be able to support themselves during their proposed stay (such as bank statements); Documentation establishing your eventual return to your home country as proof of your bona fide obligations abroad tying you to your home country. Ties home include but are not limited to: plane reservations for flight back home, proof of residence abroad, proof of loans to which you have an obligation to abroad, insurances, academic enrollments, business operations or business ownership, ownership of assets abroad, evidence of familial obligations, etc. U.S. Visas you have been issued in the past, if applicable. Unless previously canceled, a visa is valid until its expiration date. Therefore, if the traveler has a valid U.S. visa in an expired passport, do not remove the visa page from the expired passport. It may be used along with a new valid passport for travel and admission to the United States. Duration of B-1 Status B-1 visitors may stay in the U.S. for a maximum of six months, but may be admitted for a shorter period. Always check your I-94 Record of Entry to see how long the admissions officer admitted you for. You must depart by this date or you will be overstaying your visa. The B-1 visa itself in the passport may be valid for up to 10 years. You may enter on this visa for periods of up to six months, during the 10 year period the visa is valid. Visitors intending to stay beyond the time indicated on their Form I-94 must file Form I-539, Application to Extend or Change their Nonimmigrant Status. The decision to grant or deny a request for extension of stay is made solely by the USCIS. https://www.laurenjolaw.com/l-1 daily 0.75 2022-11-03 https://images.squarespace-cdn.com/content/v1/5f1887dc4e467527d11b9a61/1623249648480-87BB3UUKOMSMCIQTUSSZ/unsplash-image-rTv2jBfQoWk.jpg L-1 Intracompany Transferee Visa - The L-1 program allows multinational companies to bring their foreign workers who possess either managerial skills or specialized knowledge from their foreign entity to their U.S. entity, for a temporary period of time. L-1A vs. L-1B The L-1A category is for foreign nationals coming to work in the U.S. in an executive or managerial capacity for a U.S. subsidiary, affiliate, or parent company of the foreign employer. If an affiliated U.S. subsidiary or parent company does not yet exist, the L-1A classification allows the foreign company to send the executive or manager to the United States for the purpose of establishing the affiliated subsidiary or parent company. The L-1B category is for foreign workers who hold specialized knowledge of the company’s processes, procedures, or products that someone outside the company would not have. Both L-1A and L-1B employees must have worked for the foreign entity for at least one continuous year of the last three years prior to filing the application. Requirements for Related Entities There must be a corporate relationship between at least one foreign and one U.S. entity such as subsidiary, affiliate, parent. This relationship must be proven with corporate documents showing company ownership. What is a Manager? An employee is generally employed in a managerial capacity if their duties involve the supervision, control of the work to be performed by other professional personnel, and the management of an essential function of the organization or a subdivision of the company or organization. USCIS defines managerial capacity as follows under section 101(a)(44)(A) of the Immigration and Nationality Act. The term "managerial capacity" means an assignment within an organization in which the employee primarily- (i) manages the organization, or a department, subdivision, function, or component of the organization; (ii) supervises and controls the work of other supervisory, professional, or managerial employees, or manages an essential function within the organization, or a department or subdivision of the organization; (iii) if another employee or other employees are directly supervised, has the authority to hire and fire or recommend those as well as other personnel actions (such as promotion and leave authorization) or, if no other employee is directly supervised, functions at a senior level within the organizational hierarchy or with respect to the function managed; and (iv) exercises discretion over the day- to-day operations of the activity or function for which the employee has authority. A first-line supervisor is not considered to be acting in a managerial capacity merely by virtue of the supervisor's supervisory duties unless the employees supervised are professional. What is Specialized Knowledge? Specialized knowledge means either special knowledge possessed by an individual of the petitioning organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organization’s processes and procedures. Filing Requirements The U.S. entity must file the petition on the foreign national’s behalf. The company seeking to transfer the qualifying employee must file USCIS Form I-129 Petition for a Non-immigrant Worker with the L supplement along with documents in support of the petition. The foreign company/qualified organization must either currently be doing viable business or demonstrate that they will conduct viable business in the U.S. and at least one other country through a qualifying organization for the duration of the beneficiary’s stay in the L-1 visa classification. “Doing Business” means a qualifying organization is engaging in business if there is regular, systemic, and continuous provision of goods and/or services. The qualifying organization and/or U.S. subsidiary must establish that the transferee will be coming to the United States to engage in business activities as outlined above. Supporting Documents for L-1 Petition Biographical Documents of Beneficiary: Copy of Passport Biographic Page; Copy of U.S. Visa Page (if applicable); Copy of I-94 Arrival/Departure Record (if applicable); Employment Verification Letter; Payroll Stubs/ Earnings Statements –for the last year; Sample Documents from Foreign Company/Qualifying Organization Documentation establishing that the beneficiary has worked in the foreign company for a continuous period of over one year in the preceding three years in an executive or managerial capacity, or was employed in a position involving specialized knowledge and that the beneficiary is coming to the U.S. to work in an executive, managerial, or a specialized knowledge position; Documentation regarding the beneficiary’s position held at the foreign affiliate – e.g. position description; work product; projects completed, etc.; Company statement describing the proposed position explaining the specialized knowledge required, current and future company projects; Letter from company official explaining how the individual with specialized knowledge is integral to company operations; Copies of articles of incorporation or equivalent; Copy of certificate of Registration or equivalent Copy of board authorization (startup organizations); Company list of shareholders; Copy of company’s most recent federal income tax return; Copy of company lease for business premises; Copies of profit & loss statements; Copy of balance sheet; Copies of company bank statements-for the past year; Copy of company brochures, marketing material, website print outs; Color photographs of business premises (interior and exterior); Company organizational chart; Company list of job titles and a brief job description of each position; Evidence of establishment of a U.S. subsidiary or parent company (if one does not yet exist); Documents from U.S. Subsidiary/Parent Company Company statement including a job description and requirements for the beneficiary's position. If the beneficiary will be applying for the L-1B visa classification, the statement should include a description of the specialized knowledge they possess integral to the company’s operations to do business in the United States; If the beneficiary will be applying for the L-1A visa classification, the statement should include a list of employees the beneficiary manages, their job titles, and brief job descriptions, or the essential function the beneficiary will manage'; Copies of articles of incorporation; Copy of organizational minutes; Copy of IRS Letter for EIN issuance; Copy of company stock ledger; Copies of issued stock certificates; Copies of bank statements-past year; Copy of business license; Copy of seller’s permit; Employee organizational chart Copy of commercial lease for business premise (square footage and floor plan) Duration of Stay and Extensions The initial period of approval allowed for L-1 category is a maximum of three years. Extensions of stay can be applied for a total period of up to seven years for L-1A and a total of five years for L-1B employees. In order to file for an extension, the employer should re-file USCIS Form I-129 Petition for Non-immigrant Worker along with L supplement along with supporting documentation. Dependents The family members of L-1 aliens can enter the U.S. under the L-2 category. Once in the U.S., an L-2 visa holding spouse is eligible to work pursuant to status. https://www.laurenjolaw.com/j-1 daily 0.75 2021-06-09 https://images.squarespace-cdn.com/content/v1/5f1887dc4e467527d11b9a61/1623255928012-9DHHQSP4IZBRV3ZOY58G/unsplash-image-Oalh2MojUuk.jpg J-1 Exchange Visitor Visa - J-1 visa is for aliens coming to the United States for participating in an exchange-visitor program approved by the United States. The purpose of the Act is to increase mutual understanding between the people of the United States and the people of other countries by means of educational and cultural exchanges. Participants include students at all academic levels; trainees obtaining on-the-job training with firms, institutions, and agencies; teachers of primary, secondary, and specialized schools; au pairs, professors coming to teach or do research at institutions of higher learning; research scholars; professional trainees in the medical and allied fields; and international visitors coming for the purpose of traveling, observing, consulting, conducting research, training, sharing, or demonstrating specialized knowledge or skills, or participating in organized people-to-people programs. Requirements for J-1 Participants in the J-1 exchange visitor program must have sufficient funds to cover all expenses, or funds must be provided by the sponsoring organization in the form of a scholarship or other stipend. A J exchange visitor must have sufficient scholastic preparation to participate in the designated program, including knowledge of the English language, or the exchange program must be designed to accommodate non-English speaking participants. Exchange visitors coming under the J program for graduate medical education or training must meet certain special requirements. These requirements include passing the Foreign Medical Graduate Examination in Medical Sciences, demonstrating competency in English, being automatically subject to the two-year foreign residence requirement (after completion of their program), and being subject to time limits on the duration of their program. Physicians coming to the United States on exchange visitor programs for the purpose of observation, consultation, teaching, or conducting research in which there is little or no patient care are not subject to the above requirements. Participants in the J program must present a Form DS-2019 Certificate of Eligibility for Exchange Visitor (J-1) Status prepared by a designated sponsoring organization. Application Process After the DS-2019 is received from the Sponsor Organization, the applicant will apply for a J-1 visa at a U.S. Embassy or Consulate abroad. Exchange visitor visa applicants are encouraged to apply for their visa early to provide plenty of time for visa processing. Applicants for visas should generally apply at the American Embassy or Consulate with jurisdiction over their place of permanent residence. Although visa applicants may apply at any U.S. consular office abroad, it may be more difficult to qualify for the visa outside the country of permanent residence. An employee is generally employed in a managerial capacity if their duties involve the supervision, control of the work to be performed by other professional personnel, and the management of an essential function of the organization or a subdivision of the company or organization. J-1 Au Pairs Under current regulations, an au pair can come from any country with which the U.S. has diplomatic relations. The J-1 is usually valid for 1 year; however, it can, under certain circumstances, be extended for an additional year. The au pair must be a secondary school graduate, between the ages of 18 and 26, and must be proficient in English. References and background investigations are required. The applicant cannot work more than 45 hours per week, must be enrolled for at least 6 academic credits, and must be paid at least a minimum amount designated by the Government of the United States and as stated by the Immigration and Naturalization Act. Furthermore, the regulations require that the applicant receives a two-week paid vacation, at least one and a half days off per week, and at least one full weekend off each month. Additional requirements are put in place by the Immigration and Naturalization Act if the au pair will be responsible for infant care. Documents Required for Application As part of the visa application process, an interview at the embassy consular section is required for visa applicants from age 14 through 79. The waiting time for an interview appointment for applicants can vary, so early visa application is strongly encouraged. If you are authorized by your sponsor to be accompanied by your spouse and children, they will also be given a Form DS-2019 and they can apply at the same time for a J-2 dependent visa. During the visa application process, usually at the interview, a quick, two-digit, ink-free fingerprint scan will be taken. Some applicants will need additional screening, and will be notified when they apply. You may apply for your visa at an Embassy or Consulate any time before the beginning of your exchange program. DS 2019, Certificate of Eligibility for Exchange Visitor Status. Alien will need to submit a SEVIS generated Form, DS-2019, provided by his/her program sponsor. All exchange visitors, including their spouses and dependents must be registered in the Student and Exchange Visitor Information System (SEVIS), an Internet-based system that maintains accurate and current information on non-immigrant students and exchange visitors and their dependents (J-2 visa holders). Your program sponsor is responsible for entering your information for the DS 2019 Certificate of Eligibility for Exchange Visitor Status into SEVIS. Exchange visitors not part of a U.S. Government-sponsored program will also have to pay a Sevis I-901 fee for each program. An online application, Nonimmigrant Visa Application, Form DS-160 confirmation page; Application fee payment receipt; Training/Internship Placement Plan, Form DS-7002, if applicable; A passport valid for travel to the United States and with a validity date at least six months beyond the applicant's intended period of stay in the United States; One (1) 2x2 passport-style photograph. Duration of Stay and Extensions The duration of J-1 visa holders and family members may not exceed the period specified on Form DS-2019, plus a 30 day grace period. The family members (J-2 visa holders) may remain in the United States for the same period as the principal exchange visitor (J-1 visa holder). Certain extensions may be made, depending on the exchange program type. Dependents Spouses and/or children under the age of 21 who wish to accompany or join the principal exchange visitor (J) visa holder in the United States for the duration of his/her stay require exchange visitor visas (J-2 visa). The application procedure is the same as that for a primary applicant. The sponsor must approve the accompaniment of the spouse and/or children and who will each be issued their own Form DS-2019. This form is used to obtain the required visa and the spouse and dependents can enter the U.S. at the same time as the principal exchange visitor or at a later date. The J-2 spouse of the principal J-1 may apply for an Employment Authorization Document (EAD) once in the U.S. and may then accept employment, once the card is received. The spouse and/or children of an exchange visitor visa holder who are in the U.S. on an exchange visitor visa may study in the U.S. without also being required to apply for a student (F-1) visa or change to F-1 status. Foreign Residency Requirement According to the Immigration and Nationality Act, certain J-1 visa holders, who have completed their program, are required to reside in their home country for a minimum of two years. In general, this two-year home residence requirement precludes a J visa holder from an H visa, an L visa, or permanent resident status (any immigration benefit) unless/until they have lived in their home country for two full years after completion of their J-1 program or a waiver is obtained. A J-1 visa holder may obtain a waiver of the two-year home residence requirement; however, these waivers are not always easy to obtain. The waivers include the following: No-objection Waiver; Interest U.S. Government Agency Waiver; Exceptional Hardship Waiver; and Fear of Persecution Waiver. For more information on the J-1 visa process, contact one our firm to obtain a detailed analysis on whether you qualify for a J-1 visa or a J-1 waiver of the two-year home residence requirement. https://www.laurenjolaw.com/l-1-1 daily 0.75 2022-11-03 https://images.squarespace-cdn.com/content/v1/5f1887dc4e467527d11b9a61/1623249648480-87BB3UUKOMSMCIQTUSSZ/unsplash-image-rTv2jBfQoWk.jpg L-1 Intracompany Transferee Visa (New Office) - The L-1 program allows multinational companies to bring their foreign workers who possess either managerial skills or specialized knowledge from their foreign entity to their U.S. entity, for a temporary period of time. L-1A vs. L-1B The L-1A category is for foreign nationals coming to work in the U.S. in an executive or managerial capacity for a U.S. subsidiary, affiliate, or parent company of the foreign employer. If an affiliated U.S. subsidiary or parent company does not yet exist, the L-1A classification allows the foreign company to send the executive or manager to the United States for the purpose of establishing the affiliated subsidiary or parent company. The L-1B category is for foreign workers who hold specialized knowledge of the company’s processes, procedures, or products that someone outside the company would not have. Both L-1A and L-1B employees must have worked for the foreign entity for at least one continuous year of the last three years prior to filing the application. Requirements for Related Entities There must be a corporate relationship between at least one foreign and one U.S. entity such as subsidiary, affiliate, parent. This relationship must be proven with corporate documents showing company ownership. Special Rules for L-1 New Office Petitions If the U.S. business that you will be working for has been “doing business” for less than one year, it is considered a new office, and special rules apply to get an L-1 Visa. What is a New Office? A new office is a company that has been doing business in the US through a parent, branch, affiliate, or subsidiary for less than one year. Doing business means the “regular, systematic, and continuous provision of goods and/or services.” [Code of Federal Regulations Section 214.2(l)] The mere presence of an office in the US does not qualify as “doing business;” it must actually be conducting business activities. New Office Petitions are More Strictly Scrutinized Include a business plan with the petition Outline the amount of your investment, your intended personnel structure, the physical premises you will be operating business out of, and the sustainability of the foreign company. You must show that the U.S. company will support a managerial or executive position within 1 year of approval of your L-1 petition. Unlike with existing offices, USCIS acknowledges that as a manager or executive for a new office, you are more likely to engage in the day-to-day operations of the business. Rather than requiring that you primarily engage in managerial/executive tasks immediately, USCIS gives a period of 1 year for you to show that the US company will support a managerial position. You can demonstrate the the US company will support a managerial position through various forms of evidence including: a business plan that will discuss the projections of the new office; information regarding the nature of the office describing the scope of the business, its organizational structure, ad its financial goals; the size of the investment in the US business and the financial ability of the foreign company to pay for your services and to begin operations in the US; and the organizational structure of the foreign company. Unlike with existing offices, the initial status granted for a new office L-1 is 1 year. Before the expiration of the first year, to remain in valid L-1 status, you are required to file an extension. In order for your extension to get approved, you must demonstrate that the US company now supports a managerial position. The foreign company that you worked for much continue to operate and must maintain a qualifying relationship with the US company. Supporting Documents for L-1 Petition New Office Biographical Documents of Beneficiary: Copy of Passport Biographic Page; Copy of U.S. Visa Page (if applicable); Copy of I-94 Arrival/Departure Record (if applicable); Employment Verification Letter; Payroll Stubs/ Earnings Statements –for the last year; Sample Documents from Foreign Company/Qualifying Organization Documentation establishing that the beneficiary has worked in the foreign company for a continuous period of over one year in the preceding three years in an executive or managerial capacity, or was employed in a position involving specialized knowledge and that the beneficiary is coming to the U.S. to work in an executive, managerial, or a specialized knowledge position; Documentation regarding the beneficiary’s position held at the foreign affiliate – e.g. position description; work product; projects completed, etc.; Company statement describing the proposed position, current and future company projects; U.S. Company’s Business Plan including investment and personnel plans; Copies of articles of incorporation or equivalent; Copy of certificate of Registration or equivalent Copy of board authorization (startup organizations); Company list of shareholders; Copy of company’s most recent federal income tax return; Copy of company lease for business premises; Copies of profit & loss statements; Copy of balance sheet; Copies of company bank statements-for the past year; Copy of company brochures, marketing material, website print outs; Color photographs of business premises (interior and exterior); Company organizational chart; Company list of job titles and a brief job description of each position; Evidence of establishment of a U.S. subsidiary or parent company (if one does not yet exist); Documents from U.S. Subsidiary/Parent Company Company statement including a job description and requirements for the beneficiary's position. If the beneficiary will be applying for the L-1B visa classification, the statement should include a description of the specialized knowledge they possess integral to the company’s operations to do business in the United States; If the beneficiary will be applying for the L-1A visa classification, the statement should include a list of employees the beneficiary manages, their job titles, and brief job descriptions, or the essential function the beneficiary will manage'; Copies of articles of incorporation; Copy of organizational minutes; Copy of IRS Letter for EIN issuance; Copy of company stock ledger; Copies of issued stock certificates; Copies of bank statements-past year; Copy of business license; Copy of seller’s permit; Employee organizational chart Copy of commercial lease for business premise (square footage and floor plan) Duration of Stay and Extensions The initial period of approval allowed for L-1 New Office category is one year. Extensions of stay can be applied for a total period of up to seven years for L-1A and a total of five years for L-1B employees. In order to file for an extension, the employer should re-file USCIS Form I-129 Petition for Non-immigrant Worker along with L supplement along with supporting documentation. Dependents The family members of L-1 aliens can enter the U.S. under the L-2 category. Once in the U.S., an L-2 visa holding spouse is eligible to work pursuant to status. https://www.laurenjolaw.com/vawa daily 0.75 2022-11-03 https://images.squarespace-cdn.com/content/v1/5f1887dc4e467527d11b9a61/1667497988042-S4OSJ4D30KAX4XZILSNQ/unsplash-image-NW61v3xF0-0.jpg VAWA - The Violence Against Women Act (VAWA) provides a pathway for battered or abused spouses to self-petition for a green card. Generally, U.S. citizens and Lawful Permanent Residents must file an immigrant visa petition with the U.S. Citizenship and Immigration Services (USCIS) on behalf of a spouse or child, so that these family members may immigrate to or remain in the United States. Unfortunately, some USCs and LPRs, abuse their control of this process and subject their family members to coercion, extortion, or threaten to report them to the USCIS. In such a situation you may file a self-petition (an application that you file for yourself for immigration benefits) as a battered spouse, under the VAWA while married to a U.S. citizen or lawful permanent resident to obtain lawful permanent residency. Unmarried children under the age of 21, who have not filed their own self-petition, may be included on your petition as derivative beneficiaries. The immigration provisions of VAWA allow certain battered spouses to file for immigration relief without the abusive spouse's assistance or knowledge, in order to seek safety and independence from the abuser. VAWA applicants may be male or female, despite the term “Violence Against Women Act.” To qualify: You must be in a qualifying relationship with an abusive U.S. citizen or lawful permanent resident You must reside in the U.S. at the time the VAWA petition is filed and you must have resided with the abusive U.S. citizen or lawful permanent resident at some point. The abusive person must be either a U.S. citizen or lawful permanent resident You must have suffered abuse (mental, physical, psychological) at the hands of the U.S. citizen or lawful permanent resident You must be a person of good moral character https://www.laurenjolaw.com/e-2 daily 0.75 2024-09-20 https://images.squarespace-cdn.com/content/v1/5f1887dc4e467527d11b9a61/1726861026313-18PO8LM1GST3ITOALPCW/unsplash-image-Nb5Dm6cIpQU.jpg E-2 Investor Visa - The E-2 investor visa is a nonimmigrant visa for investors, entrepreneurs, and people looking to run a business in the United States. A new report from the American Immigration Council highlights the vital role of immigrant entrepreneurs in the U.S. economy. In 2024, a record 46% of Fortune 500 companies—230 of the 500 largest U.S. corporations by revenue—were founded by immigrants or their children. With an E-2 visa, you can start a US business or invest in a US business and work for that business. There are 8 main requirements to qualify for an E-2 visa: You must be a national of a country with an E-2 treaty with the United States. You must have the intent to depart the US once your E-2 status ends. You must make a substantial investment in a US company. There is no $ amount specified in the regulations. Your E-2 business must be an active, for-profit business. The business that you invest in cannot be considered a marginal enterprise. You must be entering the United States to direct and develop your E-2 business. The source of your investment funds must be lawful. Your investment must be irrevocably committed to the E-2 business and must be at-risk. Duration of Stay E-2 status is valid for two year increments, with an extension of two years at each entry. Visa stamps are valid for up to five years, depending on country of nationality and visa reciprocity. Dependents E-2 visa applicants are permitted to include spouses and children as dependents in E-2D status. Once in the U.S., an E-2D visa holding spouse is eligible to work pursuant to status. https://www.laurenjolaw.com/perm daily 0.75 2022-11-03 https://images.squarespace-cdn.com/content/v1/5f1887dc4e467527d11b9a61/1667494356086-FHNEPUXJ2N7YSJQ4AUT1/unsplash-image-doplSDELX7E.jpg PERM Labor Certification - A permanent labor certification issued by the Department of Labor (DOL) allows an employer to hire a foreign worker to work permanently in the United States. In most instances, before the U.S. employer can submit an immigration petition to the Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS), the employer must obtain an approved labor certification request from the DOL's Employment and Training Administration (ETA). The DOL must certify to the USCIS that there are no minimally qualified U.S. workers able, willing, and available to accept the job at the prevailing wage for that occupation, in the area of intended employment, and that employment of the alien will not adversely affect the wages and working conditions of similarly employed U.S. workers. PERM FAQs Prevailing Wage Request The first step of the PERM process is establishing the Prevailing Wage from the DOL. The employer must submit a Prevailing Wage Request to the DOL, listing the job opportunity with job duties, work location(s), and job requirements such as education, experience, and skills. The DOL will process the application and provide the occupational classification, and wage level for the position. This is the minimum wage that the employer can pay the employee for the position once the green card is issued. Recruitment Period When the Prevailing Wage is established, the employer must then advertise the position in the open labor market in what is known as the “labor market test.” The DOL has very strict requirements on how the position can be advertised, where it can be advertised, and for how long it must be advertised. All positions must be advertised in a Sunday Newspaper of general circulation in the area for two consecutive Sundays. All positions must all be advertised internally using a Notice of Filing posted at the work location. All positions must also be advertised on a State Workforce Agency (SWA)For professional positions, in the state where work will be performed. For professional positions, the employer must use at least three more manners of recruitment from the ten options provided by the DOL. If no minimally qualified U.S. workers (Legal Permanent Residents or U.S. citizens) are found for the position during the recruitment period, and there have been no layoffs for the position in the last six months, the employer may then file the Labor Certification. Please note that detailed records of the recruitment process, applicants, and reasons for rejections must be kept in a Recruitment Report, in case of an audit from the DOL. Labor Certification (ETA 9089) The employer files an ETA 9089 form online with the DOL describing the job duties, job requirements, recruitment process completed, and foreign national information and credentials. Upon certification of the Labor Certification Application, an I-140 petition may be filed with USCIS within 180 days. Why hire an attorney for the PERM process? Attorney will collect relevant information and documents about the sponsoring employer and the alien beneficiary; Attorney will review and analyze your qualifications and your (potential) job requirements including issues relating to your degree, the job duties, etc. If a foreign degree evaluation or foreign educational equivalent is required, we will advise the client accordingly; Attorney will draft the job description and design the qualifications based on the information provided by the employer and the alien beneficiary; Attorney will discuss the job descriptions and qualification requirements with the alien-beneficiary; Attorney will work with the employer to revise and finalize the job descriptions and qualification requirements; Attorney will help the employer to register on the PERM online filing system; Attorney will submit the necessary information to obtain a Prevailing Wage determination from the National Prevailing Wage and Helpdesk Center (NPWHC); Attorney will advise the employer on legal procedures applicable to the job recruitment process according to the DOL’s rules and guidelines; Attorney will draft a job posting and propose advertising and posting schedules for the employer’s review and approval; Attorney will arrange newspaper advertisements, job orders (if state allows), and all external postings upon receiving the employer’s and alien’s consent as to the content of the advertisement and posting; Attorney will arrange the job posting via an advertisement agent; Attorney will work with the employer on arranging other applicable recruitment activities. For example, if the job opening is to be posted on the employer’s website, the attorney will prepare the content and give it to the employer for posting. The attorney can also refer a recruiting firm to the employer for recruitment purposes. Recruiting through a recruiting firm is one of the qualified additional recruitment activities; Attorney will offer legal guidelines to the employer on screening and interviewing applicants; Attorney will co-ordinate the recruitment with the employer, work with the employer on analyzing the job applications that are received, and provide a professional opinion on responding to those inquires; Attorney will offer convenient forms for the employer to use to document the entire recruitment process and will also prepare an entire set of documents that are ready for auditing in the case of an audit; Attorney will review all the recruitment information collected from the employer and draft the recruitment report on behalf of the employer; Attorney will prepare the online PERM application form and provide a copy to the employer and the alien beneficiary for review before filing; Attorney will submit the online PERM petition upon approval from the employer and the beneficiary; Attorney will document the entire process and prepare an entire set of documents ready for auditing; If the DOL chooses to audit the application, the attorney will work with the employer to respond to any DOL auditing request; Attorney will communicate with the DOL afterwards regarding any legal issues and respond to any requests for additional evidence on your case https://www.laurenjolaw.com/perm-faq daily 0.75 2022-11-03 https://www.laurenjolaw.com/e1-trader-visa daily 0.75 2022-11-03 https://images.squarespace-cdn.com/content/v1/5f1887dc4e467527d11b9a61/1667499915307-9VW3HWLVSKARVBJBF1A1/unsplash-image-jOqJbvo1P9g.jpg E-1 Trader Visa - The E-1 is a nonimmigrant visa for businesspeople from certain treaty countries. The E-1 visa allows someone to work in the U.S. and carry out substantial trade between individuals and firms in the United States and the country of which they are a citizen or national. There are 6 main requirements to qualify for an E-1 visa: You must be a national of a country with an E-1 treaty with the United States. The work you are conducting must be considered “trade” You must have the intent to depart the US once your E-1 status ends. The trade must be substantial The trade must be principally between the U.S. and the treaty country. You must be vital to the success of the company Duration of Stay E-1 status is valid for two year increments, with an extension of two years at each entry. Visa stamps are valid for up to five years, depending on country of nationality and visa reciprocity. Dependents E-1 visa applicants are permitted to include spouses and children as dependents in E-1D status. Once in the U.S., an E-1D visa holding spouse is eligible to work pursuant to status. https://www.laurenjolaw.com/testimonials-results daily 0.75 2023-09-27 https://images.squarespace-cdn.com/content/v1/5ec321c2af33de48734cc929/1618497259178-6XJGK9GR6YAVBQL5L519/20140301_Trade-151_012-2.jpg Testimonials & Results https://images.squarespace-cdn.com/content/v1/5ec321c2af33de48734cc929/1607694583486-2PQT0LQ193RL7MCB6DX4/20140228_Trade+151_0046.jpg Testimonials & Results https://images.squarespace-cdn.com/content/v1/5ec321c2af33de48734cc929/1607694644871-IC85FNH781UNZSZEGHDR/Aro+Ha_0428.jpg Testimonials & Results https://www.laurenjolaw.com/store daily 0.75 2021-05-26 https://www.laurenjolaw.com/store/ebook monthly 0.5 2021-05-26 https://www.laurenjolaw.com/store/p/guide-to-getting-a-green-card-through-marriage monthly 0.5 2021-05-27 https://images.squarespace-cdn.com/content/v1/5f1887dc4e467527d11b9a61/1622046028288-0ARIGM3J5AC9LTLPKXHP/Screen+Shot+2021-05-26+at+12.18.42+PM.png Store - Guide to Getting a Green Card Through Marriage https://images.squarespace-cdn.com/content/v1/5f1887dc4e467527d11b9a61/1622128557785-IJP8K1G1PD8JKB5WI0H6/Screen+Shot+2021-05-26+at+1.38.57+PM.png Store - Guide to Getting a Green Card Through Marriage https://images.squarespace-cdn.com/content/v1/5f1887dc4e467527d11b9a61/1622128604581-H69SVKM2OQQKLLSDU65T/Screen+Shot+2021-05-26+at+1.39.14+PM.png Store - Guide to Getting a Green Card Through Marriage