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Immigration Law ServicesYour people are your resources, in the United States and abroad. We assist you in ensuring that your most valuable international human resources are able to perform their jobs around the world. We provide our services in an innovative, high-quality and cost-effective manner, while taking proactive measures on how best to meet our clients' global needs. Our Immigration ServicesThe following include, but not are limited, to the immigration law services we provide to address your global business requirements:
FMF Global Law Group looks at all angles of every case to ensure the fastest and most secure path is taken for each individual. Internally we work as a team to ensure your needs are met.
Non Immigrant VisasThe Immigration and Nationality Act provides several categories of nonimmigrant visas for people who wish to work temporarily in the United States. The immigration attorneys of FMF Global Law Group have the expertise to handle all types of nonimmigrant cases. The following is a brief introduction to some of the various types of nonimmigrant visa categories. B-1/B-2 Tourist and Business Visitors - Visitor visas are available to foreign nationals who wish to come to the U.S. temporarily for the sole purpose of tourism and/or certain short-term business activities which do not involve gainful employment. B-1 permissible activities include, attending conferences or seminars, and consultations with business associates. The B-1 Business Visitor and B-2 Tourist Visas are not valid for employment in the U.S. Applicants for visitor visas must be able to provide evidence of financial ability to cover their travel expenses and stay in the U.S., and they must show strong social, family, economic, and other ties to their home country to compel their return after a temporary visit. There is a strong presumption by Consular Officers that applicants actually intend to immigrate to the U.S. which can be difficult to overcome. Thorough documentation and information regarding the lawful purpose of the trip must be presented by the applicant. The Visa Waiver Program (VWP) enables citizens of certain countries to travel to the U.S. for tourism or certain types of business for 90 days or less without obtaining a visa. There are currently 27 countries participating in the VWP: Andorra, Australia, Austria, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, the Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovenia, Spain, Sweden, Switzerland, and the United Kingdom. All VWP travelers, regardless of age or type of passport used, are required to have machine-readable passports to enter the U.S. under the VWP. Previous one-time exemptions for first-time VWP travelers without MRPs will end June 26, 2005. In addition, depending on when the VWP travelers’ passports were issued, other passport requirements will apply: (a) Machine-readable passports issued between October 26, 2005 and October 25, 2006 must have digital photographs printed on the data page; (b) Machine-readable passports issued on or after October 26, 2006 must have integrated chips with information from the data page (e-passports); and, (c) Machine-readable passports issued before October 26, 2005 have no additional requirements. Canadian Citizens - Citizens of Canada generally do not require a visa, although they must qualify for a valid nonimmigrant or immigrant category and follow the appropriate procedures for filing, obtaining and maintaining lawful status in the U.S. It should be noted, however, that Canadian citizens seeking certain types of status in the U.S. do require visas, such as E Treaty Traders/Investors, A foreign government officials, G employees of international organizations, certain NATO officials, K-1 Fiance/es and K-3 Spouses of U.S. Citizens (and their children K-2/K-4), and V-1 Spouses of lawful permanent residents and their children (V-2). Permanent residents (landed immigrants) of Canada must have a nonimmigrant visa unless the permanent resident is a national of a country that participates in the visa waiver program (VWP), meets the VWP requirements, and is seeking to enter the U.S. for 90 days or less under that program. E-1/E-2 Treaty Trader or Investor - Foreign nationals owning or employed by companies engaged in international trade or investment between the United States and their countries of nationality may qualify for E-1 or E-2 status, provided the U.S. has an appropriate treaty relationship with the foreign country. A listing of countries with whom the U.S. currently has treaties can be downloaded from the State Department's Foreign Affairs Manual. The list of treaty countries (updated by the State Department in March 2004) includes the following countries: Albania*, Argentina, Armenia*, Australia, Austria, Azerbaijan*, Bahrain*, Bangladesh*, Belgium, Bolivia, Bosnia & Herzegovina, Brunei (E-1 only), Bulgaria*, Cameroon*, Canada, China (Taiwan), Colombia, Congo (Brazzaville)*, Congo (Kinshasa)*, Costa Rica, Croatia, Czech Republic*, Denmark (E-1 only), Ecuador*, Egypt*, Estonia, Ethiopia, Finland, France, Georgia*, Germany, Greece (E-1 only), Grenada*, Honduras, Iran, Ireland, Israel (E-1 only), Italy, Jamaica*, Japan, Jordan, Kazakhstan*, Korea (South), Kyrgyzstan*, Latvia, Liberia, Lithuania*, Luxembourg, Macedonia, Mexico, Moldova*, Mongolia*, Morocco*, Netherlands, Norway, Oman, Pakistan, Panama*, Paraguay, Philippines, Poland, Romania*, Senegal*, Slovak Republic*, Slovenia, Spain, Sri Lanka*, Suriname, Sweden, Switzerland, Thailand, Togo, Trinidad & Tobago*, Tunisia*, Turkey, Ukraine*, United Kingdom, and Yugoslavia. (* indicates E-2 only) Individuals outside the U.S. can apply for their E visas directly at a U.S. Consulate without first obtaining an approval notice for an underlying petition from a Service Center in the U.S. Dependent family members (spouses and unmarried children under 21 years of age) may come to the U.S. in E-1/E-2 status, and spouses are eligible to apply for work authorization to work in the U.S. F-1 Academic Students - F-1 student status is available for foreign nationals who wish to come to the U.S. solely for the purpose of attending school full time. F-1 students may be granted authorization for Curricular Practical Training to work in a work-study, internship, cooperative education or other type of required internship or practicum related to the course of study. Optional Practical Training may also be granted for a maximum of twelve months and is most commonly used to obtain work authorization upon completion of the academic degree program. F-1 students are entitled to change status to another work-authorized visa category, provided all qualifying requirements are met. Therefore, employers wishing to employ people currently in F-1 status with Optional Practical Training work authorization should explore options to longer term authorization as early as possible. F-1 students are generally admitted for the duration of their student status, meaning they can stay as long as they are full time students plus additional time if Optional Practical Training is authorized and 60 extra days to prepare for departure or transfer to another approved school program. This period of admission is abbreviated in the passport and on the I-94 card as “D/S”. Pursuing a program of study must be the sole (not just “primary”) purpose of the F-1 applicant’s travel to the U.S. and they must show that they have the intent to depart the U.S. after completion of their studies. (“Dual intent” is not permitted.) They must possess adequate funds to cover all tuition, living and incidental expenses without taking unauthorized employment, and they must be able to overcome a strong presumption of illegal immigrant intent by proving strong social, economic and other ties to their country abroad to compel their departure from the U.S. upon completion of the anticipated program of studies. H-1B Specialty Workers - The H-1B classification is available to persons in a specialty occupation which requires the theoretical and practical application of highly specialized knowledge. The position must require completion of a specific course of higher education and the foreign national must possess at least a bachelor’s degree in that field or equivalent related professional experience. Congress sets annual limitations (caps) on the total number of persons who may be issued H-1B visas, or otherwise granted H-1B status, during each fiscal year. The current limit is 65,000 for the Specialty Worker category. In addition, as of fiscal year 2005, an additional 20,000 H-1B numbers are available for beneficiaries who have earned a masters’ or higher degree from a United States institution of higher education. Note: The cap does not apply to: extensions of H status; change of employer petitions for those already in H status; beneficiaries who have held H status within the last 6 years; petitions filed by institutions of higher education or a related or affiliated nonprofit entity, nonprofit research organizations or governmental research organizations. A small number of H-1B visas are also available for Government-to-Government research and development, or co-production projects administered by the Department of Defense. The H-1B petition process requires the employer to pay at least the Prevailing Wage for the position. In addition, the employer must obtain a certified Labor Condition Application (LCA) from the Department of Labor (DOL) and comply with DOL requirements regarding LCA record-keeping. Individuals are generally limited to holding H-1B status for a maximum of six years; however exceptions are made in certain circumstances. Persons in H-1B status are entitled to have “dual intent”, meaning they may remain in valid H-1B nonimmigrant status while pursuing permanent residence at the same time. Dependent family members (spouses and unmarried children under 21 years of age) may come to the U.S. in H-4 status. H-4 status does not confer authorization to work in the U.S. H-1C Registered Nurses - Foreign nationals coming temporarily to the United States to perform services as a Registered Nurse in a health professional shortage area may qualify for H-1C status. The number of H-1C visas available each year is limited. H-2A and H-2B - U.S. employers who have temporary or seasonal needs in positions for which qualified U.S. workers are not available may obtain a temporary labor certification from the Department of Labor and then petition for skilled or unskilled foreign nationals to work temporarily in H-2 status. H-3 Trainees - Foreign nationals may come temporarily to the U.S. to participate in a training program. The employer must show that the training is not available in the beneficiary’s home country, the beneficiary will not be productively employed except as incidental to training, and the training must benefit the beneficiary in pursuing a career outside the U.S. In addition, the H-3 trainee’s services may not displace a U.S. worker. The H-3 is not appropriate for graduate education and the training programs may not be primarily designed to benefit the U.S. companies. J-1 Exchange Students and Researchers - The J Exchange Visitor Program is designed to promote the interchange of persons, knowledge, and skills in the fields of education, arts and sciences. Participants may include students, trainees, teachers, professors, researchers, medical trainees, and international visitors coming for the purpose of travel, observation, consultation, research, training, sharing or demonstrating specialized knowledge or skills, or participating in organized people-to-people programs. The Exchange Visitor Program is administered by the Office of Exchange Coordination and Designation in the Bureau of Educational and Cultural Affairs, and applicants must be accepted for a program through a designated sponsoring organization. At the conclusion of their program, participants are expected to return to their home countries to utilize the experience and skills they have acquired while in the United States. In some cases, exchange visitors may then be subject to a two-year foreign residency requirement before they can change status to that of H, L, K or lawful permanent residence (LPR), however waivers are available in some circumstances (see below). J-1 Waiver of Two-Year Foreign Residency Requirement – A waiver may be obtained on five grounds: a “No Objection” statement from the home government, Exceptional Hardship to a U.S. citizen/permanent resident spouse or child, Persecution in the home country due to race, religion or political opinion, Conrad Program for medical doctors in designated health care professional shortage areas, or a request by an interested U.S. Government agency for whom the exchange visitor is working. Waiver applications are submitted to the U.S. Department of States Waiver Review Division, which forwards its recommendation on completed applications directly to the U.S. Citizenship and Immigration Service (USCIS). The USCIS makes the final determination on the waiver application. L-1 Intracompany Transferees - Foreign nationals who work for a company abroad that has a parent, subsidiary, branch of affiliate in the U.S. may qualify to come to the U.S. as Intracompany Transferees to perform services in a managerial or executive capacity (L-1A) or which entail specialized knowledge (L-1B). To qualify for the transfer, the foreign national must have worked at the related company abroad for at least one full year during the three-year period prior to filing the petition. For established U.S. companies, initial entry is generally granted for three years and extensions in 2-year increments are available for a total of 7 years for L-1A and 5 years for L-1B. For startup offices, L-1 status may be available for an initial period of one year for the purpose of building the U.S. operation, followed by the same type of extensions. Persons in L-1 status are entitled to have “dual intent”, meaning they may remain in valid L-1 nonimmigrant status while pursuing permanent residence at the same time. Dependent family members (spouses and unmarried children under 21 years of age) may come to the U.S. in L-2 status, and spouses are eligible to apply for work authorization to work in the U.S. Under NAFTA, Canadian citizens may apply for admission in L status by presenting a full application at a designated port of entry (border post or airport pre-flight inspection). L Blanket Petitions - Employers who file L petitions regularly may obtain a blanket approval of the qualifying corporate relationship between the U.S. and foreign companies. Blanket approval is available to employers engaged in commercial trade or services who meet the following criteria: an office in the U.S. that has been doing business for at least one year; 3 or more domestic and foreign branches, subsidiaries or affiliates; and either has obtained L-1 approvals for at least ten people during the previous year, or has U.S. subsidiaries or affiliates with combined annual sales of at least 25 million dollars, or employs at least 1,000 people in the U.S. By obtaining a blanket L approval for a company, the transfer process is expedited significantly. Individuals outside the U.S can apply for their L-1 visas directly at a U.S. Consulate instead of waiting for an approval notice for an underlying petition from a Service Center in the U.S. Mexican Citizens – Citizens and permanent residents of Mexico generally must have a nonimmigrant visa or Border Crossing Card (“Laser Visa”). O-1 Extraordinary Ability
in the Sciences, Education, Business, Athletics, Arts, Motion Picture
or Television Foreign nationals accompanying an O-1 artist or athlete to assist in a specific event or performance may qualify for O-2 Support Personnel status if he or she acts as an essential and integral part of the artistic or athletic performance and serves in a way that cannot readily be performed by a U.S. worker. For motion picture or TV productions, the O-2 application must have skills and experience which are not general, which are critical and which are based on a preexisting long-standing working relationship; however, in the case of a specific production, a long-standing relationship is unnecessary where there is a significant pre or post production work that will take place inside and outside the United States and the person’s presence is needed for successful completion. There is no statutory provision for foreign nationals to accompany scientists, educators, or business people. O-1 and O-2 petitions must include written advisory opinions called “Consultations” from the appropriate labor unions. (Petitions for motion picture and TV productions also require Consultations from management organizations in addition to the labor union Consultations.) Consultations may consist either of the union’s opinion regarding the nature of the proposed work and the beneficiary’s qualifications or a simple letter of no objection. (If no appropriate union exists, a waiver for the consultation requirement may be obtained.) Dependents of persons qualifying for O-1 and O-2 status may join them in the United States under the O-3 visa category. P-1 Athletes, Entertainment Groups - The P-1 visa category is available for athletes coming to the U.S. temporarily to perform at a specific athletic competition at an internationally recognized level or performance, and members of an internationally recognized foreign-based entertainment group coming to the U.S. temporarily to perform as part of that group. P-1 visas are also available for essential support personnel (see below), and P-4 visas are available for dependent spouses and children. P-2 Artistic Exchange - Artists and entertainers coming to the U.S. temporarily to perform individually or as part of a group who will be perform under a reciprocal exchange program between an organization in the U.S. and an organization in another country may qualify for P-2 status. P-2 visas are also available for essential support personnel (see below), and P-4 visas are available for dependent spouses and children. P-3 Culturally Unique Artists - Artists and entertainers coming to the U.S. temporarily to perform, teach or coach under a program that is culturally unique may qualify for P-3 status. P-3 visas are also available for essential support personnel (see below), and P-4 visas are available for dependent spouses and children. P Essential Support Personnel - To qualify as “Essential Support Personnel,” one must be an integral part of the performance of a P-1, P-2 or P-3 because he or she performs support services which cannot be readily performed by a United States worker and which are essential to the successful performance of services. The person must have the appropriate qualifications to perform the services, critical knowledge of the specific services and experience providing such support to the P-1, P-2 or P-3. Consultation letters from the appropriate labor organization is required for P Essential Support Personnel petitions. Q-1 International Cultural Exchange Program - Q-1 visas are available to foreign nationals participating in an international cultural exchange program approved by the Attorney General for the purpose of providing practical training, employment, and the sharing of history, culture and traditions of the foreign national’s home country. R-1 Religious Workers - The R-1 visa category is available to certain religious workers coming to the U.S. temporarily to work as a minister of religion, a professional in a religious vocation or occupation, or for a nonprofit religious organization in a religious occupation which relates to a traditional religious function. Dependents (spouses and children under 21 years of age) may qualify for R-2 status to accompany the R-1 principal in the United States. TN Professionals (NAFTA) - The North America Free Trade Agreement (NAFTA) created the TN category to make it easier and faster for certain Canadian and Mexican citizens to work temporarily in the U.S. In order to qualify, the profession must be on the NAFTA list, the foreign national must possess specific credentials, the position must require someone in that professional capacity and there must be a sponsoring U.S. employer. Commonly used professions on the NAFTA list include: Computer Systems Analyst, Engineer, Management Consultant, Accountant, Architect, Economist, Graphic Designer, Hotel Manager, Industrial Designer, Interior Designer, Landscape Architect, Lawyer, Research Assistant, Scientific Technician, Technical Publications Writer, Dentist, Dietitian, Medical Laboratory Technologist, Nutritionist, Occupational Therapist, Pharmacist, Teaching or Research Physician, Physical Therapist, Psychologist, Registered Nurse, Veterinarian, Agricultural and Animal Scientists, Biochemist, Chemist, Dairy Scientist, Geneticist, Physicist, and College and University Teachers. Most professions require at least a Bachelor’s degree in the field; however, other requirements apply to certain professions. A complete list of NAFTA professions and minimum education and credentials requirements can be found at the State Department web NAFTA page. Canadian citizens can apply directly at designated ports of entry (border posts or airport pre-flight inspection), without a previously filed petition and without first obtaining a nonimmigrant visa. The process for Citizens of Mexico is different - Mexican citizens require a visa to request admission to the United States. They may apply at consular sections around the world for a NAFTA professional (TN) visa. As part of the visa application process, an interview at the embassy consular section is required for most visa applicants, and interviews are generally by appointment only. Dependent family members of both Canadian and Mexican citizens (spouses and unmarried children under 21 years of age) may come to the U.S. in TD status. TD status does not confer authorization to work in the U.S. Labor Certifications - The PERM ProgramA permanent Labor Certification from the Department of Labor (DOL) is the initial stage in one of the avenues, which allows an employer to hire a foreign worker to work permanently in the United States. In March 2005, a newly engineered filing system called “PERM” was implemented which requires the use of form ETA 9089, the Application for Permanent Employment Certification. Form ETA 9089 requests the information about the employer, the job offer, and the foreign national’s qualifications that was previously listed the Application for Alien Employment Certification (AEC) on forms ETA 750 Part A and ETA 750 Part B under the old system. PERM applications may be submitted online and are processed by the Department of Labor. Supporting documentation, which was previously submitted, is no longer submitted with the application, but must be retained by employers for five years from the date of filing. To qualify for labor certification, an employer must demonstrate that there are no qualified U.S. workers available and willing to accept the job at the prevailing wage for that occupation in the area of intended employment, and that the foreign worker’s employment will not adversely impact the wages and working conditions of similarly employed U.S. workers. In addition, the requirements for the position must be consistent with those customarily required for the occupation and any additional requirements must be justified with an explanation of business necessity. After the labor certification application is certified by the DOL, it should be submitted to the USCIS with an I-140 Immigrant Petition to continue the permanent residence application process. The PERM program replaced both the old “traditional” and “RIR” filing procedures. Under PERM, employers place a state job order and conduct both print and alternative recruitment steps before filing their applications (similar to the old RIR program). Recruitment must take place more than 30 days and no earlier than 180 days prior to filing. Recruitment requirements for professional positions include: (1) a Job Order placed with the State Workforce Agency for 30 days; (2) two Sunday print ads (one national journal ad may be substituted for one Sunday newspaper ad where the position requires experience and/or an advanced degree); (3) any three additional recruitment steps from the following: employer’s website posting, job search website advertisement, college campus recruitment, employee referral program with incentives, trade or professional organizations, journal or newspapers, job fairs, use of private employment firms, campus placement offices, local and ethnic newspapers, radio and television ads. One of the three additional recruitment steps required for professional occupations may take place within 30 days of filing. Under PERM, the Prevailing Wage must be determined by a State Workforce Agency prior to filing, and the wage offered must be at least 100% of the prevailing wage. The 5% deviation, permitted under the former process, is no longer acceptable. Processing time for PERM applications is projected to be between 45-60 days, however technical issues with the new electronic system have resulted in unreliable timeframes. This should be resolved with more experience and a reliable timeframe should develop. Some applications will be randomly selected for auditing and will take longer. Permanent ResidenceImmigration Through EmploymentFIRST PREFERENCE EMPLOYMENT-BASED
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