Our Services
- PERM – We assist employers and employees in the PERM labor certification process, including choosing the appropriate category, case preparation, related legal advice, and records preparation for audit files. We also handle audit responses and challenge PERM denials.
- I-140 – For what is often the second stage of permanent resident cases, we have extensive experience with I-140 issues including the company’s ability to pay the proffered wage, establishing the beneficiary’s educational and experience requirements, and analysis of appropriate EB categories. We also prepare and file I-140 immigrant petitions.
- AOS / CP – We assist with the preparation and submission of both AOS and CP cases, and representation throughout either process. We also can address requests for evidence (“RFEs”) or job changes under AC21 portability, file motions to reopen after an AOS denial, handle Child Status Protection Act issues for children who are “aging out,” and inadmissibility waivers. We also advise on applications for employment and travel authorization documents and represent individuals at local USCIS office interviews.
- EB5 Investor Visa – We have had tremendous success obtaining EB5 visas for our clients, including obtaining two EB5 visas on behalf of our clients in the past three months.
General Requirements
- Gained primarily through employment-based or family-based sponsorship, as well as the diversity visa lottery
- Employment-based self-sponsorship allowed in certain categories.
Immigrant Petition (I-140)
Immigrant Petition (I-140) – second stage for most employment-based, second- (EB2) and third-preference (EB3) category cases, but first stage for applicants who qualify under the EB1 category or the EB2 national interest waiver (NIW) category.
General Requirements
- Employer
- Petition the USCIS in the appropriate EB category.
- Demonstrate “ability to pay” proffered wages from priority date to adjudication of the I-140.
- Employee
- Establish required education, experience, and any necessary licensing for the offered position and requested category.
- PERM labor must be approved by the DOL prior to filing for EB2 or EB3 category, other than NIW and Schedule A cases.
- EB1 and NIW applicants must demonstrate all eligibility criteria are met.
Adjustment of Status ("AOS") / Consular Processing ("CP")
Adjustment of Status (“AOS”) / Consular Processing (“CP”) – final stage of the permanent resident process in all cases is either:
Adjustment of Status (“AOS”) to permanent residence, or
Consular Processing (“CP”) for an immigrant visa
- Used by applicants outside the U.S., or who otherwise are ineligible for AOS from within the U.S. The process typically includes a prior USCIS approval, processed through the U.S. Department of State National Visa Center, followed by a scheduled immigrant visa interview at the appropriate consulate.
General Requirements
- A visa number must be available at time of filing.
- Applicant
- Must undergo criminal background check,
- Submit to an immigration medical examination, and
- Must not be likely to become a public charge.
Additional Requirements of AOS
- Applicant
- Must be present in the U.S. at the time of filing.
- The applicant needs to be admitted or paroled into the U.S.
- Must be in status at the time of filing, subject to certain exceptions
- Must file Form I-485 and supporting documents with the USCIS
EB4 Special Immigrants
EB4 Special Immigrants – for a diverse group of special immigrants including religious workers, broadcasters, Afghani / Iraqi translators, Iraqis who have assisted the U.S., international organization employees, physicians, armed forces members, Panama Canal zone employees, retired NATO-6 employees, and spouses and children of deceased NATO-6 employees.
General Requirements (specific requirements vary based on category of immigrant)
- Filed Form I-360 immigrant visa petition and supporting documents.
- Applicant may petition without an employer.
General Requirements (specific requirements vary based on category of immigrant)
- Applicant must:
- Demonstrate that for at least two (2) years prior to filing the petition, he or she has been a member of a religious denomination that has a U.S. presence,
- Demonstrate that he or she was working as a minister or in a religious vocation or occupation for at least two (2) years prior to filing the petition and seeks to continue employment in that capacity in the U.S, and
- Seek to enter the U.S. to carry on in the vocation as a minister or to work in a religious capacity in a religious vocation or occupation or to work for an organization or nonprofit affiliate in a religious vocation or occupation.
EB5 Investor
Two (2) year conditional LPR status for foreign nationals who invest in new U.S. businesses.
General Requirements
- Investor must:
- invest or be in the process of actively investing capital of $1,000,000 ($500,000 in certain rural and high unemployment regions), and
- actively engage in policy formation or the day-to-day business affairs.
- The investment must create full-time employment for at least ten (10) U.S. citizens or immigrant workers (excluding the investor and his or her immediate relatives) within the two (2) year conditional LPR period.
