Professional, competent legal representation for immigration issues
NONIMMIGRANT VISAS
· H-1B Specialty Workers
The H-1B is a temporary employment-based visa for specialty workers. The requirements of this category are that the applicant must have an offer of employment for a position that requires the services of a person with a bachelor's degree. The applicant must have a bachelor's degree which is related to the job position. The H-1B visa is granted for up to three years initially and then extended for an additional three years. In certain situations, an extension for additional years may also be granted by U.S.C.I.S.
· 0-1 Visa
The 0-1 visa is an employment-based visa for aliens who have extraordinary ability in the sciences, arts, education, business or athletics that has been demonstrated by sustained national or international acclaim. Extraordinary ability is defined as ''a level of expertise indicating that the person is one of a small percentage who have risen to the very top of the field of endeavor.'' The 0-1 petition must be accompanied by a written advisory opinion from a peer group or a person of expertise in the applicant's field. The advisory opinion for 0-1 extraordinary ability must describe the applicant's ability and achievements in the field of endeavor, the nature of the duties to be performed and whether the position requires somebody of extraordinary ability. The initial petition may be approved for three years and extensions may be given in one-year increments.
· L (Intra Company Transferees) Visa
An individual must be continuously employed abroad for one of the past three years by a parent, affiliate or subsidiary of the U.S. company immediately preceding the application. The alien seeks to enter the U.S. temporarily to continue to work for the same employer or its affiliate or subsidiary. The alien must work in a capacity that is managerial, executive or involves specialized knowledge.
· R-1 Visa
The R-1 visa is a nonimmigrant visa available for clients entering the United States to work for a religious organization. The requirements of the visa are the individual must be a member of the denomination for at least two years, the religious organization must be a qualifying religious organization and the client must be entering the U.S. to work either as a minister, lay preacher or professional religious worker. The visa is good for three years and may be extended for another two years.
APPLICATIONS FOR PERMANENT RESIDENCY
· Persons of Extraordinary Ability
An individual with extraordinary ability in sciences, arts, education, business or athletics which has been demonstrated by sustained international or international acclaim and whose achievements have been recognized in the field through extensive documentation; individual seeks entry to continue work in the area of extraordinary ability; and entry will substantially benefit prospectively the United States. This category is intended to be for the small percentage of individuals who have risen to the very top of their field of endeavor. There is no employer needed.
· National Interest Waivers
The UNited States Customs and Immigration Service may waive the requirement of a labor certification. There is a three prong test: (1) the beneficiary must seek to work in an area of ''substantial intrinsic merit''; (2) the beneficiary must provide a benefit that is national in scope, and that is unmotivated by the alleviation of a local labor market shortage; and (3) the beneficiary must document a record of past accomplishments from which it can be concluded that he or she will serve the national interest to a greater extent than other persons with the same level of education, training and/or experience. An employer is not needed.
· Professional with Advanced Degrees
An individual must have earned at least a master's degree or a BA/BS plus five (5) years of experience in the specialty. The individual must have a job offer and labor certification.
· Labor Certification & Reduction in Recruitment
An individual must have a job offer. The purpose of labor certification is to test the labor market. Forms ETA 750A & B are filed with the Labor Department. When a labor shortage determination is made, a labor certification is issued. The basic labor certification procedure is as follows: (1) file the ETA 750 A & B forms; (2) receive a receipt from the Labor Department; (3) receive advertising instructions from the Department of Labor; (4) the Labor Department places the job offer on job bank; (5) place an ad in the newspaper for three consecutive days; (6) a final report is given to the Department of Labor; (7) a determination is made by the Department of Labor.
· Outstanding Professors and Researchers
An individual must be recognized internationally as outstanding in a specific academic area. The individual must have at least three years in teaching or research experience in the academic area and seeks entry for a tenure track position; comparable position at a university or institute of higher education to conduct research, or comparable position to conduct research with a private employer; if it employs at least three full-time in research with a private employer; if it employs at least three full-time in research activities and the department has achieved documented accomplishments in the field. A job offer is required.
If your business would like to bring in a non-citizen to work in your business, contact the Harrington Law Offices to help you realize your goal. We can be reached by phone at 617-482-3800 or by e-mail.
Harrington Law Offices has Spanish and Portuguese speaking personnel
Charges are on a flat-fee basis
The initial consultation is free
