Lawful Permanent Residency Status for Professionals The Law Offices of Mina Litvak assists nonimmigrant foreign nationals to obtain lawful permanent residence status by classifying them in some of the following categories:
Persons of extraordinary ability
International executives and managers
Persons whose entry into the United States will be in the National Interest of the United States
Professional and/or Skilled Workers in positions where there are no U.S. workers who are willing, able and qualified to perform the duties of the Position Offered. For more information on the qualifying criteria and the process for applying for permanent residence in this category, please see the Department of Labor website: Permanent Labor Certification ("PERM")
Ms. Litvak develops an individualized relationship with each as they transform their lives through immigration and personally attends to every client she serves. She is the sole point of contact for professionals who need a trusted partner to help reach their immigration goals.
If you are a professional, foreign worker or entrepreneur wanting to obtain the appropriate employment-based visas for work in the United States, contact work visa attorney, Mina Litvak, at (510) 454-3725, or submit an online form.
Nonimmigrant Visas/Status for Professionals Our law office assists clients in obtaining the following employment based nonimmigrant visas:
Specialty occupation workers H1-B Visas allow U.S. Companies to employ professional workers: In order to qualify for this visa, the U.S. Company which desires to employ the foreign worker must show that:
Position being offered to the professional foreign worker is one which requires, as a minimum, a bachelor’s degree in a specific field of study for entry into that position;
The foreign worker has a bachelor’s degree or the equivalent in that specific field of study;
The U.S. Company must make the following attestations: (i) the foreign worker will not be treated differently from U.S. workers, (ii) the U.S. company will pay the employee at least the prevailing wage for the position offered, (iii) there is no strike or lockout in that position and (iv) appropriate notification has been given to other employees or bargaining unit (the labor conditions attestation); and,
There is a cap on number of new H-1B visas available in each year. For fiscal year 2009 and 2010, the cap was reached 6 months prior to the first day of that respective fiscal year. For more information on the qualifying criteria and application process please see the Department of Labor website: H1-B Certification
Intra-company transferees (L) Visas allow multinational organizations to move their executive, managerial or essential employees to work for its related organization in the United States: In order to qualify for this visa, the U.S. Company which desires to employ the foreign worker must at least be able to show that:
The US Company is a branch, subsidiary, affiliate or parent of foreign company operating outside the United States;
The foreign worker has been employed by foreign entity in an executive, managerial, or as an essential worker for at least one year in the last three years; and,
The foreign worker is entering the United States in order to be employed in an executive, managerial or a specialized knowledge employee.
This visa may also be used by the multinational organization to send an executive or managerial employee(s) to open a new office of the multinational organization.
Professionals entering the United States pursuant to the North American Free Trade Agreement (TN). The NAFTA or TN Visa allows U.S. Companies to employ foreign professional workers who are citizens of Canada or Mexico in those professional positions which are specifically listed in the North American Free Trade Agreement (NAFTA). The foreign worker must be entering the United States to work in one of the listed positions and must meet the requirements which are listed therein.
Persons with extraordinary ability (O) Visas allow
a U.S. Company to employ a foreign worker who has extraordinary ability in
the sciences, arts, education, business or athletics as demonstrated by
international acclaim. These foreign workers must be one of a small
percentage of persons who have reached the top of their respective fields.
In addition to showing that the foreign worker meets the criteria of being
of extraordinary ability, the U.S. Company must obtain a consultation from
an appropriate labor union to confirm that the person meets those
criteria.
Artists, entertainers, and athletes (P) Visas allow individuals to temporarily come to the U.S. to perform in athletics or entertainment. The P-1 classification applies to you if you are coming to the U.S. temporarily to perform at a specific athletic competition as an athlete, individually or as part of a group or team, at an internationally recognized level of performance. The P-2 classification applies to you if you are coming temporarily to perform as an artist or entertainer, individually or as part of a group, who will perform under a reciprocal exchange program between an organization in the United States and an organization in another country. The P-3 classification applies to you if you are coming temporarily to perform, teach or coach as artists or entertainers, individually or as part of a group, under a program that is culturally unique.
Religious workers (R) Visas allow a bona fide religious organization to bring in ministers, persons working in a religious vocation or persons working in a professional capacity in a religious occupation to provide such services in the United States. In recent years, the U.S. Citizenship and Immigration Service has requested extensive documentation from the religious organization and even conducted on-site investigations to prove that it is a bona fide religious organization. The foreign religious worker must show that he/she has been a member of the same religious denomination for a period of at least 2 years.
(H-2A) Temporary Agricultural Workers: The H-2A program allows U.S. employers to bring foreign nationals to the United States to fill temporary agricultural jobs for which U.S. workers are not available. H-2A nonimmigrant classification applies to aliens seeking to perform agricultural labor or services of a temporary or seasonal nature in the United States on a temporary basis. A U.S. employer (or an association of U.S. agricultural producers named as a joint employer) must file a Form I-129, Petition for Nonimmigrant Worker on a prospective worker’s behalf.
The (H-2B) Non-agricultural Temporary Workers: The H-2B program allows U.S. employers to bring foreign nationals to the United States to fill temporary nonagricultural jobs. A U.S. employer must file a Form I-129, Petition for Nonimmigrant Worker, on a prospective worker’s behalf.
Trainee visas (H-3) Visas are intended to allow foreign trainees to obtain experience in the United States in areas that are not available in the home country: In order to qualify for this visa, the U.S. Company which desires to employ the foreign trainee must show that:
The foreign trainee is entering to engage in training program not available in home country;
The Training will not place the foreign trainee in position involving regular employment;
The Training will not involve productive employment unless incidental and necessary to the training; and,
The Training will benefit the foreign trainee in pursuing career abroad.
Ms. Litvak can assist the U.S. Company, the foreign professional worker and/or the foreign entrepreneur in determining which nonimmigrant visa described above or immigrant visa best suits your needs in order to accomplish your immigration and career goals.