Temporary Visas
United States immigration law allows people with certain skills and talents to be admitted to the U.S. on a temporary basis. Also known as nonimmigrant visas, these visas are available in a broad range of categories—each of which is intended for specific purposes and which has been designated a different letter of the alphabet by Congress.

Common nonimmigrant visas include:
      • B-1; business visitors
      • E-1 or E-2; an employee (or the trader or investor) of a company with majority ownership by citizens of a country with which the U.S. has a trade or investment treaty
      • F-1; student in possession of a USCIS-issued employment authorization document for "optional practical training" or an authorization to work indicated on the student’s Form I-20 issued  by a school official for "curricular practical training"
      • H-2B; enables U.S. businesses and agents to fill temporary needs for nonimmigrant workers that work on a seasonal period annualy
      • H-1B; professional employee in a "specialty occupation" who holds a bachelor’s degree or the equivalent in the applicable field of endeavor
      • J-1; exchange visitor with specific authorization to work for your company or with "practical training" authorization
      • L-1A; intra-company managerial/executive transfer from overseas office
      • L-1B; intra-company "specialized knowledge" transfer from overseas office
      • O-1; a person with extraordinary ability in the sciences, arts, education, business, or athletics
      • TN; professional from Canada or Mexico

Our attorneys can effectively assist you with whichever visa is best for your situation.

For more information about the temporary visa process and how our firm can assist you, please contact our office to arrange for a free consultation.

FAMILY VISAS
As a firm, we are committed to exploring all of the possible legal options you may have for immigrating to the U.S. or bringing eligible members of your family here.

There are family specific visa categories that we can assist you with. Some of these categories include: immediate relatives, family preference categories, and other specialized categories like the K visa and V visa (for fiancés and spouses).

We can assist eligible persons in obtaining permanent resident status in the United States through adjustment of status, or assist with obtaining permanent resident status while abroad through consular processing.

For more information on how our firm can help you or your family with your immigration concerns, please contact us for a free consultation.

Employment Based Permanent Residence
Because employers in the United States cannot always find the skilled workers they require, United States immigration law allows people with specific skills and talents to become lawful permanent residents.

First Preference (EB-1): this category includes immigrants of "extraordinary ability" in their field such as outstanding professors and researchers, and certain multinational executives and managers.

Second Preference (EB-2): business visa reserved for members of the professions holding advanced degrees or persons of exceptional ability.

Third Preference (EB-3): reserved for skilled workers and professionals (applicants whose employment requirements demand at least a bachelor’s degree or 2 years of work experience).
 
Third Preference (EB-3-OW): reserved for workers whose employment requires an educational level less than a bachelor’s degree or employment experience under two years.
Fourth Preference (EB-4): this category is generally composed of certain religious workers, such as ministers and other religious functionaries.
Fifth Preference (EB-5): reserved for those who make a substantial investment ($1 million or more) in a business that also creates employment for at least 10 individuals.

In most cases, obtaining a permanent business visa requires that the individual or business take specific steps, and demonstrate certain facts through the process known as PERM labor certification. Our firm can assist you with this complicated process and in exceptional cases, the labor certification process may be waived.

PERMANENT RESIDENCE IN THE UNITED STATES THROUGH INVESTMENT
In the early 1990's the U.S. government created the EB-5 Investor Visa program to encourage foreign investment in the United States and to foster the creation of U.S. jobs.

Qualified investors and their immediate family members are eligible to receive permanent residence in the United States (through a "Green Card") and can ultimately become U.S. citizens.

The EB-5 program is one of the best ways for foreign citizens to achieve resident status in the United States, provided they meet the requirements for the program.

There are two distinct types of investor visa applications. The standard investor visa application requires a foreign investor to contribute $1 million dollars to a U.S. company and directly employ 10 full-time workers (other than the investor and his or her family) as a result of the investment.  The investor must also be involved in the management of the business.

In 1993 a unique investor visa was created by the U.S. Congress to encourage additional foreign investors to participate, known as the "Regional Center" program.  This program permits investors to qualify with an investment of only $500,000 and considers jobs that are ‘indirectly’ created by the investment to satisfy the requirement of10 full-time positions.
 
For the purposes of this visa, the investment must be in a "Regional Center" previously approved by the government. These are investment funds that manage job-creating businesses in rural or high unemployment areas. For this type of visa, an investor must only have a minimal involvement in the management of the fund. These Regional Centers are approved in many states and provide a variety of investment opportunities.

Whichever option you pursue for your investment, the legal procedures for applying for residence are very similar. The funds intended for the U.S. investment are normally placed in an escrow account, pending submission of the actual investor visa application to U.S. Citizenship & Immigration Services.  The U.S. government will consider the documents provided with the visa application and issue a decision.

Once the application is approved, the investment funds in the escrow account will be released to the U.S. company for use in the business. In the event the petition is denied, the funds will be returned to the investor.

The investor and his or her family can then apply for their U.S. residence. If they are already in the U.S. legally on another type of visa, they will apply with U.S. Citizenship & Immigration Services in the United States. If they are overseas, they will apply for their residence at the U.S. Embassy in their country.

Initially, all investors receive "Conditional" residence, which is valid for two years. At the end of the two year period, the investors must apply for their "Permanent" residence with U.S. Citizenship & Immigration Services in the United States. As part of this process, they must prove that the investment was actually made in the U.S. company and that the necessary 10 full-time staff are still employed. Assuming these conditions are met, the investors will receive their "Permanent" residence. They will then be eligible to apply for U.S. citizenship five years after the date on which they received their first "Conditional" residence.

ASYLUM
If returning to your country of origin makes you afraid for the safety of yourself or your family, you may be able to obtain lawful status in the U.S. through a grant of asylum. This holds true if your fear is based on one or more different reasons, including: race, gender, religion, nationality, sexual orientation, political beliefs, membership in a particular social group, and possibly domestic abuse.

If you have already obtained a grant of asylum, we can also assist in obtaining your permanent residency.

For more information about obtaining a grant of asylum and how our firm can assist you, please contact us for a free consultation.

 RELIEF FROM DEPORTATION & REMOVAL
The right to an attorney is one of the most important rights given to individuals in removal proceedings. However, the U.S. government is not required to provide an attorney free of charge.

Although the deportation and removal process is similar to a criminal trial, it is not considered a criminal proceeding. However, Immigration Court rules can be very strict. Hearings cannot be missed and the judge’s directions must be followed to the letter. For this reason, it is extremely important that individuals in removal proceedings have effective representation.

If you are currently in custody or are otherwise awaiting deportation and removal hearings, you MUST have an effective attorney. We can act immediately on your behalf.

The law offices of Ralph A. Schwartz, P.C. have successfully handled extremely complex deportation and removal cases.  Call us today for a free consultation.