Immigrant Visa and Non-Immigrant Visa ServicesIllinois Employment-Based and Family-Based Immigration AttorneysThe Shapiro Law Group of Chicago and Northbrook, Illinois represents businesses and individuals in a broad range of immigration matters, including immigrant visas and green card, non-immigrant work visas, and citizenship. Our principal attorney, Ronald Shapiro, has practiced exclusively in immigration law for over 30 years. Read below for more information about your specific issue, or contact an immigration lawyer who can knowledgeably and capably address your legal situation.
E Work Visas for Treaty Traders An individual who is a citizen of a country which has a Treaty of Trade and Commerce with the United States may obtain an E work visa if it is established that he / she will be employed in the United States by an overseas corporation qualifying for Treaty Trader status and the individual will be providing services in the United States that are "essential to the efficient operation" of the Treaty Trade corporation. E-3 VISAS FOR CITIZENS OF AUSTRALIA Qualifications: The Sponsored Employee must prove Australian citizenship. The Sponsored Employee must demonstrate that he/she will perform a profession or occupation in a “specialty occupation.” The term “specialty occupation” is defined in the same manner as that for H-1B professionals – i.e., the position must require theoretical or practical application of a body of specialized knowledge and the attainment of a bachelor’s or higher degree or its equivalent. The Sponsored Employee must demonstrate that he/she has either the minimum education or employment experience required to perform a profession or occupation, which qualifies for issuance of E-3 visa. The US employer must file a Labor Condition Application (“LCA”) with the USDOL as a requirement for sponsoring an individual for an E-3 visa. Time Allowed to Work on E-3 Visa: Sponsored Employees who are granted E-3 visas will initially be allowed to stay in the U.S. for up to two years. This period of work authorization may be renewed in two-year increments. E-3 visas are “indefinitely renewable”. Spousal Employment: E-3 spouses will be permitted to apply for employment authorization, since the provisions that permit spousal employment authorization apply equally to all visas in the E category. However, employment authorization is not available to children of E-3 non-immigrants. Processing Time: Number of E-3 Visas for Australian Citizens: Extensions: Family based Immigrant Visas for husbands, wives, children, parents, brothers, and sisters United States (U.S.) Citizens are allowed to sponsor their immediate relatives for an immigrant visa (green card) under the following classifications: U.S. citizens may sponsor their parents; U.S. citizens may sponsor their wives or husbands; U.S. citizens may sponsor their unmarried sons and daughters; U.S. citizens may sponsor their married sons and daughters and U.S. citizens may sponsor their brothers and sisters. Lawful Permanent Residents (individuals who have green cards) are allowed to sponsor their immediate relatives for an immigrant visa (green card) under the following classifications: Permanent Residents may sponsor their wives or husbands; Permanent Residents may sponsor their unmarried sons and daughters. H WORK VISAS H-1B Visa for Professionals A. Requirements: The sponsored individual must be sponsored for a position that is generally considered to require at least a Bachelor's or higher degree to perform the duties of the position. Examples: financial planner, business analyst, accountant, software engineer, engineer, and programmer analyst. Sponsored individuals must have either a Bachelor's or higher degree or its U.S. equivalent or a combination of education and experience equal to a U.S. Bachelor's or higher degree allowing him / her to perform the duties of the H-1B Visa sponsored position. The wage being offered to the H-1B sponsored individual must be at least the prevailing wage, or the actual wage paid to other workers similarly employed, whichever is higher. B. Time allowed to work in the United States on an H-1B Visa: Employees sponsored to work in the U.S. on an H-1B Visa are allowed to initially work in the U.S. for up to three years. The sponsored individual is allowed to work in the U.S. in H-1B Visa status for up to six years. Individuals may have their H-1B Visa status extended in one year increments beyond the six year cap if the individual has had a labor certification application pending on their behalf for more than 365 days prior to reaching the six year cap on their H-1B Visa status. C. H-1B Portability: An individual who is presently in the U.S. in H-1B Visa status may begin to immediately work for a new H-1B employer as soon as the United States Citizenship and Immigration Services (USCIS) receives an H-1B Visa application filed on the individuals behalf. D. H-1B Cap: As of October 1st, 2005 (Fiscal Year 2006)... the USCIS can only approve 85,000 new H-1B Visa applications every U.S. Government Fiscal Year, as follows: 65,000 H-1B Visas for individuals who have a Bachelor's or higher degree. 20,000 additional H-1B Visas for individuals who have earned a Master's or higher degree from a U.S. institution of higher education. On April 3, 2007 for fiscal year 2008, USCIS announced that it had received enough H-1B petitions to meet the congressionally mandated cap of 65,000 H-1B visas for fiscal year 2007. On May 9, 2007 for fiscal year 2008, USCIS announced that it had received enough H-1B petitions to meet the congressionally mandated cap for fiscal year 2007... for individuals who earned a Masters or higher degree from a U.S. institution of higher education. Based on the H-1B cap having been met for fiscal year 2008, April 1st, 2008, will be the earliest date that an employer may file a petition requesting H-1B employment on behalf of a prospective employee with an employment start date of October 1st, 2008. The H-1B cap does not apply to individuals who already are in H-1B status and who are applying for an extension of their H-1B status. E. Sponsorship of Employees for H-1B Visas that will start on October 1st, 2008: On April 1st, 2008, U.S. employers will be able to file new H-1B visa applications on behalf of foreign national employees who have never been classified as an H-1B non-immigrant. The employment start date for these employees must be October 1, 2008 or later. This is the date when 65,000 new H-1B visas will become available at the start of the U.S. Government's fiscal year 2009 (FY 2009). Under the Omnibus Appropriations bill signed into law on December 8, 2004... there are an additional 20,000 H-1B visas available on October 1st of each year for foreign national employees who have obtained a Masters or higher degree from a U.S. university. Employees with foreign M.S. or higher degrees do not qualify for these additional visas. Because the H-1B cap was reached so early this year, it is expected that it will be reached earlier next year. As the U.S. economy continues to expand... and U.S. employers begin to sponsor more foreign nationals for H-1B visas, it is expected that all H-1B visas will be allocated many months before the start of FY 2009 (October 1, 2008)... even with the additional 20,000 H-1B visas that have been allocated for foreign employees with U.S. Masters or higher degrees. Therefore, The Shapiro Law Group, recommend that you now begin reviewing your anticipated employment needs during the next year as they may relate to the sponsorship of individuals requiring H-1B visas. Should you have any questions, please feel free to contact my office. H-1B Visa for Doctors Proof that the sponsored doctor has a medical license allowing employment as a physician in the state of intended employment. Proof that the sponsored doctor has a full and unrestricted license to practice medicine in a foreign state or has graduated from a medical school in the United States or a foreign state. Proof that the sponsored doctor has passed both parts of the FLEX examination; or Parts I, II, & III of the NBME examination; or steps 1, 2, & 3 of the USMLE. Proof that the sponsored doctor has passed the ECFMG or is a graduate of a school of medicine accredited by a body or bodies approved for that purpose by the Secretary of Education. H-1B1 VISAS FOR CITIZENS OF CHILE Qualifications: The Sponsored Employee must prove Chilean citizenship. The Sponsored Employee must demonstrate that he/she will perform a profession or occupation in a “specialty occupation.” The term “specialty occupation” is defined in the same manner as that for H-1B professionals – i.e., the position must require theoretical or practical application of a body of specialized knowledge and the attainment of a bachelor’s or higher degree or its equivalent. The Sponsored Employee must demonstrate that he/she has either the minimum education or employment experience required to perform a profession or occupation, which qualifies for issuance of H-1B1 visa. The US employer must file a Labor Condition Application (“LCA”) with the USDOL as a requirement for sponsoring an individual for an H-1B1 visa. Time Allowed to Work on H-1B1 Visa: Sponsored Employees who are granted H-1B1 visas will initially be allowed to stay in the U.S. for up to one year. This period of work authorization may be renewed in one-year increments. H-1B1 visas are “indefinitely renewable”. Non-Immigrant Intent Requirement: As a limitation to the “indefinitely renewable” nature of the H-1B1 visa, the new law retains the traditional “non-immigrant intent” requirements of the immigration and nationality act. This means that if it is determined that the H-1B1 non-immigrant (sponsored employee) intends to obtain permanent residence status (green card) the H-1B1 visa will be denied. Processing Time: The Application for the H-1B1 visa will be made at an American Consulate located in Chile after the USDOL approves The US employer’s LCA. Number of H-1B1 Visas for Chilean Citizens: Under the Free Trade Agreement with Chile, no more than 1,400 H-1B1 visas may be issued each fiscal year to citizens of Chile. Extensions: Individuals who are within the United State in H-1B1 status may file applications with CIS to extend their H-1B1 visa status for an additional one year period of time. H-1B1 VISAS FOR CITIZENS OF SINGAPORE Qualifications: The Sponsored Employee must prove Singapore citizenship. The Sponsored Employee must demonstrate that he/she will perform a profession or occupation in a “specialty occupation.” The term “specialty occupation” is defined in the same manner as that for H-1B professionals – i.e., the position must require theoretical or practical application of a body of specialized knowledge and the attainment of a bachelor’s or higher degree or its equivalent. The Sponsored Employee must demonstrate that he/she has either the minimum education or employment experience required to perform a profession or occupation, which qualifies for issuance of H-1B1 visa. The US employer must file a Labor Condition Application (“LCA”) with the USDOL as a requirement for sponsoring an individual for an H-1B1 visa. Time Allowed to Work on H-1B1 Visa: Sponsored Employees who are granted H-1B1 visas will initially be allowed to stay in the U.S. for up to one year. This period is renewable in one-year increments. H-1B1 visas are “indefinitely renewable”. Non-Immigrant Intent Requirement: Processing Time: Number of H-1B1 Visas for Citizens of Singapore: Extensions: H-1C Visa for Nurses The sponsored Registered Nurse must provide a certificate from the Commission of Graduate Foreign Nursing Schools (CGFNS); or have a Registered nurse license to practice in the state of intended employment. The sponsored Registered Nurse must have either a U.S. registered nursing education or a license to practice professional nursing in the foreign country where she/he obtained her/his nursing education. The sponsored Registered Nurse must have a Visa Screen Certificate. The sponsored Registered Nurse must be qualified to practice nursing in the state of intended employment immediately upon admission to the U.S. H-2B Visa to satisfy peak load and seasonal needs of employers, hospitals and nursing homes H-3 Visas for U.S. training of overseas workers K-VISA FOR YOUR HUSBAND, WIFE, OR FIANCEE Husbands, wives, and fiancés rely on the K-Visa to bring them together. There are two types of K Visas and your specific situation will be reviewed by the firm to determine which type of K Visa will quickly allow your fiancé, husband or wife to enter the United States. K1 Visa (K-1 Visa) for your fiancé K3 Visa (K-3 Visa) for husbands and wives L WORK VISAS L-1A Visa for managers and executives who are intracompany transferees A. Requirements for L-1A Visa: The sponsored employee must be employed outside the U.S. in a specialized knowledge, managerial, or executive position... for at least one (1) continuous year... within the three (3) years prior to being sponsored for the L-1A visa. The sponsored employee has been employed outside of the U.S. by the subsidiary, corporate affiliate, or parent company of the U.S. employer... that is sponsoring the employee. The sponsored employee is being transferred to the U.S. to fill a managerial or executive position. B. Time allowed to work in the United States on an L-1A Visa; Employees sponsored to work in the U.S. on an L-1A Visa are allowed to initially work in the U.S. for up to three (3) years. The sponsored individual is allowed to work in the U.S. in L-1A Visa status for up to seven (7) years. C. Spousal Employment: As of January 16, 2002, USCIS may grant employment authorization to the spouse of an L-1A non-immigrant. The request for employment authorization may be for a period of two (2) years. L-1B Visa for specialized knowledge employees who are intracompany transferees A. Requirements: The sponsored employee must be employed outside the U.S. in a specialized knowledge position... for at least one (1) continuous year... within the three (3) years prior to being sponsored for the L-1B visa. "Specialized knowledge" means that the sponsored employee possesses knowledge of the petitioning employer's products, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the employer's processes and procedures. The sponsored employee has been employed outside of the U.S. by the subsidiary, corporate affiliate or parent company of the U.S. employer... that is sponsoring the employee. The sponsored employee is being transferred to the U.S. to fill a specialized knowledge position. B. Time allowed to work in the United States on an L-1B Visa. Employees sponsored to work in the U.S. on an L-1B Visa are allowed to initially work in the U.S. for up to three (3) years. The sponsored individual is allowed to work in the U.S. in L-1B Visa status for up to five (5) years. C. Spousal Employment: As of January 16, 2002, USCIS may grant employment authorization to the spouse of an L-1B non-immigrant. The request for employment authorization may be for a period of two (2) years. L-2 Spousal Employment NAFTA Employment / Work Visa TN Employment / Work Visa for Canadian Citizens A. Requirements: The sponsored employee must prove Canadian citizenship. The sponsored employee must demonstrate that he/she will perform a profession or occupation set forth on the list of professions and occupations qualifying for issuance of TN visa status. The sponsored employee must demonstrate that he/she has either the minimum education or employment experience required to perform a profession or occupation, which qualifies for the issuance of TN visa status. B. Time Allowed to Work on TN Visa. Canadian citizens are granted TN work visa status, which is valid for up to one (1) year. The TN work visa status is renewable in one-year increments. C. Initial Processing: Canadian citizens may apply for TN work visa status at any U.S. Port of Entry to the United States. Processing will take place while the sponsored employee waits. Canadian citizens who are in the U.S. may file an application with the Vermont Service Center of USCIS to change their non-immigrant visa status to TN non-immigrant work visa status. D. Extension of TN Visa Status: Applications of Canadian Citizens to extend their TN work visa status for an additional year may be made while the sponsored employee is in the United States. The TN visa status extension application is filed with the Nebraska Service Center of USCIS. Requests of Canadian Citizens to extend their TN work visa status for an additional year may also be made at any U.S. Port of Entry while the sponsored Employee waits. TN Employment / Work Visa for Mexican Citizens A. Requirements: The sponsored employee must prove Mexican citizenship. The sponsored employee must demonstrate that he/she will perform a profession or occupation set forth on the list of professions and occupations that qualify for the issuance of a TN visa. The sponsored employee must demonstrate that he/she has either the required minimum education or the employment experience that is required to perform a profession or occupation, which qualifies for the issuance of a TN visa. B. Time Allowed to Work on TN Visa. Mexican Citizens are granted a TN work visa which is valid for up to one (1) year. The TN work visa is renewable in one-year increments. C. Initial Processing: Mexican citizens may apply for a TN work visa at an American Consulate that is located in Mexico. Processing will take place while the sponsored employee waits. Mexican citizens who are legally in the United States may file an application with the Nebraska Service Center of USCIS to change their non-immigrant visa status to TN non-immigrant visa status. D. Extensions of TN Visa Status: Requests to extend a TN work visa status of a Mexican citizen for an additional year may be applied for... while the sponsored employee is in the United States. The application is filed with the Vermont Service Center of USCIS. Requests of Mexican citizens to extend their TN work visas for an additional year may also be applied for... at an American consulate that is located in Mexico... while the sponsored employee waits. O-1 Visa for individuals of extraordinary ability in the sciences, arts, or business The initial time of authorized stay is for up to three years. The O Visa may be extended for one year periods of time. Employment / Corporate immigration matters Labor Certification Applications (PERM) The U.S. Department of Labor (US DOL) has eliminated the Traditional Recruitment and Reduction in Recruitment methods of obtaining approval of a Labor Certification on behalf of a sponsored foreign national employee. As of March 28, 2005, employers may only file labor certifications with the US DOL using the new PERM system. This system involves the filing of an on-line, 10-page attestation form. PERM requires the placement of two (2) Sunday classified newspaper ads, plus the placement of a job order with the state workforce agency. Sponsorship of an employee for a Professional position requires that the sponsoring employer make at least three (3) additional types of recruitment efforts to fill the position with an American worker. The US DOL hopes that filing labor certification applications under the PERM process will reduce the Labor Certification process from several years to six (6) months, including the period of time where advertising, the job order with the state workforce agency, and other recruitment efforts take place. Under PERM, Employers must maintain detailed records of their recruitment efforts and results. The employer or their attorney must submit the records to the US DOL in the event of a requested audit. Employers who already have filed a Labor Certification application on behalf of a sponsored employee may choose to continue under the current Traditional or RIR process, or choose to refile an application under the PERM process. The decision to refile under PERM should only be made after consulting with your immigration counsel. Obtaining Visas from Overseas American Consulates Our firm assists clients from all over the world, including Canada, Mexico, England, China, Pakistan, India, and the Philippines. We assist in the preparation of applications for immigrant and non-immigrant visas at American Consulates that are located throughout the world. Our legal services include preparation of the following types of visa applications that are submitted to American Consulates: B-1/B-2 work visas for visitors, business travelers, and nannies; E-2 Treaty Trader work visas; H-1B, H-1C, H-2B and H-3 work visas; L-1 Blanket visas; L-1 visas; visas for accompanying spouses and children under the age of 21 and Family Based immigrant visas. Student Visa matters for holders of F1 Student Visas (F-1 Student Visas) and J1 Student Visas (J-1 Student Visas) Adjustment of status / permanent resident processing U.S. Citizenship Applications (Naturalization) Conrad Waivers for foreign physicians Work Visa allowing employment outside of the U.S. in Canada, Mexico, the UK and other countries. Diversity Immigrants (Visa Lottery) He or she must have a high school diploma or its equivalent. He or she must within 5 years of applying have at least 2 years of work experience in an occupation that requires at least 2 years training or experience. The applicant must submit an application to the CIS requesting to be chosen as a Diversity Immigrant. The applicant must have been born in a country which qualifies its citizens to apply for a Diversity Immigrant visa. If the applicant is chosen, his or her spouse and children are also eligible to receive immigrant visa status. The selection process is a random selection each fiscal year. Thus, the process is frequently referred to as the visa lottery. |





