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Feinbloom Bertisch LLP specializes in all areas of U.S. immigration law. Below is an index and
brief overview of some of the matters with which our firm can assist you.
I. Non-Immigrant (temporary visits / work visas)
II. Immigrant / Family-Based (permanent residency / “Green Cards”)
III. Immigrant / Employment-Based (permanent residency / “Green Cards”)
IV. Diversity Visas
V. Political Asylum / Refugee Status
VI. Change or Adjustment of Status
VII. Consular Processing
VIII. Citizenship / Naturalization
IX. Deportation / Removal
X. Federal Court Litigation
XI. Other Immigration Matters and Legal Representation
I. NON-IMMIGRANT CLASSIFICATION FOR TEMPORARY VISITS AND/OR
EMPLOYMENT IN THE UNITED STATES
B-1 / B-2 – Visitors
For brief visits to the U.S. involving business or pleasure for an initial stay of less than 180 days.
Nationals of certain countries may be permitted to visit the U.S. without a visa for up to 90 days.
E-1 / E-2 – Traders / Investors
For persons from certain countries having a bilateral commerce treaty with the U.S. to visit for
business purposes. Applicants for these visas may be employed in the U.S. for 2-year
increments.
F or M – Students
For students entering the U.S. in order to engage in a full course of academic or vocational study
at a school/institution approved by the U.S. Attorney General. Certain students may be eligible
for employment authorization for up to 1 year for purposes of practical training in their fields.
H-1B – Professional Workers
For professionals with a bachelor’s degree or its equivalent in work experience seeking
temporary employment in the U.S. to fill a position which requires such a degree. H-1B visa
applicants must demonstrate that they will be paid at or above the prevailing wage in the
industry. The length of stay will correspond to the period of time required by the employer, but
generally may not exceed 6 years (up to 3-year increments). Fashion models, foreign medical
graduates and certain health-care workers may also qualify for H-1B classification.
H-2A / H-2B – Agricultural and Other Workers
For workers seeking to fill temporary positions as agricultural and other unskilled laborers.
Applicants must demonstrate that both the job and term of employment are temporary, and that
there is a shortage of U.S. workers to fill such a position.
H-3 – Trainees
For foreign employees of U.S. companies/institutions to visit the U.S. for a temporary period in
order to participate in an established company training program.
I – Media
For temporary visits by representatives of the foreign news media.
J – Exchange Visitors
For students, scholars, business or vocational trainees, specialists, foreign medical graduates,
international visitors, government visitors, teachers, camp counselors, au pairs and others
coming to the U.S. as an "exchange visitor" through a U.S. government-approved exchange
program for the purpose of training, research or gaining experience in their field.
K – Fiancé(e) or Spouse
For fiancé(e)s of U.S. citizens who intend to marry within 90 days of admission to the U.S., and
certain spouses of U.S. citizens who are awaiting processing of an immigrant visa.
L-1 – Multi-National Business Transferees
For executives, managers and specialized knowledge personnel being transferred to a U.S. office
or affiliate of a foreign company. The length of stay will correspond to the period of time
required by the employer, but may not exceed 7 years for executives or managers (up to 3-year
increments) and 5 years for specialized-knowledge personnel.
O-1 / O-2 – Extraordinary Ability
For persons who can demonstrate "extraordinary ability" in the arts, sciences, business,
education or athletics; and certain people accompanying or assisting such persons.
P-1 / P-2 / P-3 – Athletes, Entertainers & Artists
For athletes, entertainers and artists who are members of a group or team, part of a reciprocal
international exchange, or performing in programs that are culturally unique. Such persons need
not establish "extraordinary ability" in their field.
R – Religious Workers
For visits of 5 years or less by qualified religious professionals or other religious workers.
TN – NAFTA
A special classification for professionals from Canada or Mexico seeking to enter the U.S.
pursuant to the North American Free Trade Agreement (NAFTA) to engage in certain
professional business activities.
V-1 / V-2 – Certain Spouses and Children of U.S. Permanent Residents
For spouses and unmarried children under 21 years old of lawful permanent residents of the U.S.
for whom immigrant petitions were filed before 21 December 2000.
Spouses and children of persons who qualify under any of the above categories may also be
admitted to the United States. Numerous other non-immigrant visa classifications exist and we
recommended that individuals interested in coming to, or remaining in, the United States on a
temporary basis consult with a qualified U.S. immigration attorney prior to departure or
expiration of status.
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II. FAMILY-BASED IMMIGRANT CLASSIFICATION FOR PERMANENT
RESIDENCE IN THE U.S.
A. “Immediate Relatives” of U.S. Citizens
Parents, spouses and unmarried children (under age 21) of United States citizens (USCs) may
obtain lawful permanent resident (LPR) status in the U.S. (a "Green Card") through the filing of
a petition with the U.S. Citizenship and Immigration Service (USCIS) by their USC or LPR
relative. These "immediate relatives" are not subject to automatic waiting periods and may
obtain their Green Cards once processing of the required paperwork is complete.
B. Other Relatives
Certain other relatives of USCs who cannot be classified as “immediate relatives” as well as
certain relatives of LPRs (Green Card holders) are subject to limits on the number of visas that
can be issued each year and are thus categorized into the preference classifications listed below.
Such relatives will encounter processing delays corresponding to the “priority date” (i.e., date on
which the relative petition is filed) and the particular preference category to which the relative
belongs. Higher preference classification typically entails less delay.
1st Preference: Unmarried sons and daughters (over age 21) of USCs.
2nd Preference:
2A - Spouses and unmarried children (under age 21) of LPRs.
2B - Unmarried sons and daughters (over age 21) of LPRs.
3rd Preference: Married sons and daughters of USCs.
4th Preference: Brothers and sisters of USCs.
Relatives who cannot be classified within the above preference categories are not eligible for
family-based immigrant visas to permanently reside in the U.S.
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III. EMPLOYMENT-BASED IMMIGRANT CLASSIFICATION FOR PERMANENT
RESIDENCE IN THE U.S.
Aside from close family ties to a United States citizen (USC) or lawful permanent resident
(LPR), the most common way to obtain permanent residency (a “Green Card”) in the U.S. is
through an offer of employment by a U.S. sponsor. Often a complex and time-consuming
process, permanent resident status may be secured by individuals who fall into three basic
employment-related classifications, also denoted by preference category, as explained below.
A. First Employment-Based Preference (“Priority workers”)
1. Multi-National Managers and Executives subject to international transfer
to an affiliate U.S. office who have worked in a managerial or executive
capacity for the overseas entity for at least 1 year within the 3-year period
immediately preceding the proposed admission to the U.S. This category
closely parallels the L-1 non-immigrant classification discussed in section
I (above).
2. Outstanding Professors and Researchers from qualifying universities or
private employers with established research departments.
3. Individuals with “Extraordinary Ability” in the Arts, Sciences, Education,
Business or Athletics. This category parallels the O-1 non-immigrant
classification discussed in section I (above), but is unique in that no offer
of employment is required and qualifying individuals may “self-petition”
USCIS for permanent resident status.
No labor certification is required under the first employment-based preference category, which
typically lessens the processing time and expense of these applications.
B. Second Employment-Based Preference
1. Individuals with “Exceptional Ability” in the Arts, Sciences or Business.
2. Advanced-Degree Professionals.
A labor certification (as well as a job offer) is required under the second employment-based
preference category, unless it is waived by USCIS in accordance with the “national interest” of
the U.S.
C. Third Employment-Based Preference
1. Professionals with a bachelor’s degree or its equivalent.
2. Skilled Workers filling positions requiring at least two years of training
and/or experience in the field.
3. Unskilled Workers, although not all such workers are eligible for
immigrant classification.
A labor certification (as well as a job offer) is always required under the third employment-based
preference category. Individuals hoping to qualify in one of these categories are often subject to
long and uncertain application periods before a labor certification is approved, immigrant
classification is granted, and a visa is issued.
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IV. DIVERSITY VISAS
Each year, the United States holds a diversity visa “lottery” for nationals of certain countries
with relatively low levels of immigration to the U.S. Interested persons should contact U.S.
Citizenship and Immigration Services www.uscis.gov or the Department of State www.state.gov
for more information about this program.
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V. POLITICAL ASYLUM / REFUGEE STATUS
A refugee or asylee is a person outside his/her home country who is unable or unwilling to return
to that country because of past persecution or a well founded fear of future persecution on
account of race, religion, nationality, political opinion or membership in a particular social
group. For persons who are physically present in the U.S., the application must typically be filed
within one year of arrival.
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VI. ADJUSTMENT OR CHANGE OF STATUS
Qualifying non-immigrants who are physically present in the U.S. may file applications to adjust
their status to lawful permanent resident (LPR or “Green Card” holder) or to change it to some
other non-immigrant classification while remaining in the U.S. during the pendency of the
application. Certain applicants for adjustment or change of status may also simultaneously file
applications for work and travel authorization.
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VII. CONSULAR PROCESSING
Persons who are not physically present in the U.S. or do not qualify for adjustment or change of
status may process immigrant and non-immigrant visa petitions through a U.S. embassy (or
consular post) abroad.
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VIII. CITIZENSHIP / NATURALIZATION
Qualifying persons 18 years or older who have been lawful permanent residents of the U.S.
(LPRs) for a continuous 4 years and 9 months may file for naturalization. If married to and
living with a U.S. citizen (USC), the LPR may file for naturalization after 2 years and 9 months
of continuous residence in the U.S., so long as the spouse has been a USC for at least 2 years and
9 months. Continuous physical presence in the U.S. must be established, as well as good moral
character, loyalty to the U.S. and proficiency in U.S. government, history and language.
Certain of these criteria may be waived for elderly applicants or those who served honorably in
the U.S. military during a time of war.
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IX. DEPORTATION / REMOVAL
FBLLP can assist in defending you in all deportation and removal proceedings in Immigration
Court. If you are in proceedings, you are encouraged to immediately seek the assistance of
qualified immigration counsel.
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X. FEDERAL COURT LITIGATION
Certain petitions/applications, if denied by U.S. Citizenship and Immigration Services (USCIS),
and certain decisions by an Immigration Judge and/or the Board of Immigration Appeals, may be
appealed in federal court. Because the law limits the time within which you may seek to
challenge these decisions, you are encouraged to immediately seek the assistance of qualified
immigration counsel if this applies to you.
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XI. OTHER IMMIGRATION MATTERS AND LEGAL REPRESENTATION
FBLLP can advise and assist you in many other areas of immigration law. Please contact us by
email at info@fbllp.com or phone at 212-279-5299.
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