Nair Law & Associates, LLC - Practice Areas - Temporary Workers - Nonimmigrant Visas

Practice Areas:

Temporary Workers:

H-1B Visa for Professionals: For professionals working in specialty occupations
Temporary Nurse (H1C): For registered nurses working in health professional shortage area
Agricultural Worker (H2A): For temporary or seasonal agricultural workers where US agricultural workers are unavailable
Seasonal Worker (H2B): For those seeking training that is not available in applicant's country
Company Trainee (H3): For those seeking training that is not available in applicant's country
Intracompany Transferee (L1): For those with specialized knowledge or executive managerial level employees at a multinational company and has worked for a period of more than one year for the company outside the U.S. Such employees can be transferred to the U.S. counterpart which may be a subsidiary, branch etc. of the foreign based company
TN Professional Visas under NAFTA: For Canadian and Mexican business visitors, treaty traders, investors, intra-company transferees and professionals to work in the U.S.

Nonimmigrant Visas:

Visitor for Business or Pleasure (B1): For those desiring to enter U.S. temporarily for business or pleasure
Treaty Trader (E1): For those engaged in international trade or investment between the U.S. and country of nationality
Treaty Investor (E2): For those engaged in international trade or investment between the U.S. and country of nationality
Student (F1): For those academic students in colleges, universities, seminaries, conservatories, academic high schools, other academic institutions and in language training
Training/Student (J1): For those coming to participate in exchange visitor programs
Fiancee (K1): For those coming to the U.S. to marry U.S. citizens and reside in the U.S.
Extraordinary Ability (O1): For people of "extraordinary" ability in the sciences, arts, education, business or athletics
Athlete/Entertainment Group (P1): For members of entertainment groups, individual athletes, and members of athletic teams
Artistic Exchange (P2): For entertainers that are a part of reciprocal international exchanges
Culturally Unique Artists (P3): For performers in culturally unique programs
Cultural Exchange (Q1): For participants in an international cultural exchange program approved by the Attorney General for the purpose of providing practical training, employment, and to share the history, culture, and traditions of the alien's home country
Religious Worker (R1): Applies to religious workers
Visa Waiver Program: This allows citizens of participating countries to travel to the U.S. for tourism or business for 90 days or less without obtaining a U.S. visa

Change of Nonimmigrant Status:

There are times when you may want or are required to change your status. If you are required to change your status and do not, you will be violating the immigration laws of the United States and are subject to removal.

You may not change your status if you were admitted on the following visa categories:

Visa Waiver Pilot Program
C- Alien in Transit or without a visa
D- A crewman
K- fiancee of U.S. citizen
S- Informant

The government is more likely to grant your petition to change status if you are in status with your current visa. If you file after your status expires, then you must prove:

The delay was due to extraordinary circumstances beyond your control
The delay was of reasonable length
You have not done anything to violate your nonimmigrant status
You are still a nonimmigrant and
You are not in deportation (removal) proceedings Permanent Workers

Permanent Workers:

Green Card through Employment: There are various employment categories which lead to a green card, including RIR, PERM, Schedule A for Nurses, Physical Therapists and Pharmacists
Green Card for Physicians: National Interest Waiver for physicians who work in underserved areas
Extraordinary Ability (EB1): For aliens of extraordinary ability who are entering U.S. to continue work in the filed which he/she has such ability. This visa allows alien to bypass labor certification process and forgo the requirement of a job offer
Outstanding Professor/Researcher (EB1): For "outstanding" academicians, professors and researchers who can establish a high level or degree of achievement in their respective fields
Multinational Executives/Managers (EB1): For the international transfer of executive or managerial personnel within multinational companies
Advanced Degree Professional (EB2): For "members of the professions holding advanced degrees" and "aliens of exceptional ability"
Professional Workers (EB3): For those who are professionals
Skilled Workers (EB3): For those who are skilled workers
Nurses/Physical Therapists (EB3): For those who are nurses and physical therapists
National Interest Waivers: For those in EB2 category. They may apply for permanent residence status and seek a waiver of the offer of employment by establishing that his/her admission to permanent residence would be in the National Interest
Immigrant Investor (EB5): For those who invest one million dollars in a new enterprise that employs 10 U.S. workers, or $500,000 if the investment is in certain rural areas of an area of unemployment of at least 15% of the national average

Family Visa Petitions:

Green Card through Family: A multi-step process for those wanting to become a lawful permanent resident based on relationship to USC or LPR relative
Green Card through Marriage: For US citizens wanting to marry a foreign national

A lawful permanent resident is a foreign national who has been granted the privilege of permanently living and working in the United States. If you want to become a LPR based on a relationship to a USC of LPR relative, you must go through a multi-step process and your USC or LPR relative must meet certain requirements to be eligible to sponsor you. U.S. citizens have two options for facilitating a future foreign national spouse's entry to the U.S. First, you may file a petition with the government for the issuance of a fiancée visa to an alien fiancée. You must remain unmarried until arrival of the future spouse to the U.S. and the wedding must take place within three months of his/her arrival, if they are to remain in status. You must also have had to met personally at least once in the two years preceding the filing of the petition. Your second option is to marry your spouse abroad and then file the appropriate petition and supporting documents to the government.