Cella & Associates, practices exclusively in the area of U.S. Immigration
Law. We provide legal services with regard to all employment based non-immigrant
working visas, Employment and family based Immigrant Visas, (“Greencards”),
Deportation/Removal Defense, Employer Compliance with Immigration requirements,
and representation at U.S. Consulates and Embassies around the word. We
appear before the U.S. Department of Homeland Security, U.S. Citizenship
and Immigration Services, (U.S.C.I.S.), U.S. Department of Justice, U.S.
Department of Labor, (U.S.D.O.L.), Executive Office of Immigration Review,
(E.O.I.R.), Immigration Court, Board of Immigration Appeals, (B.I.A.), and
various Federal Courts.
B1/B2 Visa: Temporary Visitors for Business or Pleasure
The visitor visa is a nonimmigrant visa for persons desiring to enter
the United States temporarily for business (B-1) or for pleasure or medical
treatment (B-2). Travelers from certain eligible countries may also be
able to visit the U.S. without a visa, through the Visa Waiver Program.
Applicants for visitor visas must show that they qualify under provisions
of the Immigration and Nationality Act. The presumption in the law is
that every visitor visa applicant is an intending immigrant. Therefore,
applicants for visitor visas must overcome this presumption by demonstrating
that: The purpose of their trip is to enter the U.S. for business, pleasure,
or medical treatment; They plan to remain for a specific, limited period;
and they have a residence outside the U.S. as well as other binding ties
which will insure their return abroad at the end of the visit (family,
employment and social ties).
Applicants should be aware that a visa does not guarantee entry into
the United States. Immigration authorities have the authority to deny
admission, and determine the period for which the bearer of a visitor
visa is authorized to remain in the United States.
At the port of entry, an CIS official must authorize the traveler's admission
to the U.S. At that time the Form I-94, Record of Arrival-Departure, which
notes the length of stay permitted, is stamped. Admittance is up to one
year with extensions of six months. Those visitors who wish to stay beyond
the time indicated on their Form I-94 must file an Application to Extend/Change
Nonimmigrant Status. The decision to grant or deny a request for extension
of stay is made solely by the CIS.
J-1 Visa: Exchange Visitors
This visa type can be issued to the following categories of nonimmigrants:
trainees, students, professors or research scholars, non-academic specialists,
foreign physician, international visitors, teachers, government visitors,
au pairs and summer student in travel/work program. The person who applies
for J-1 visa must participate in an exchange visitor’s program,
that has been designated by Department of State and whose participation
includes such purposes as teaching, studying, observing, conducting research,
consulting and receiving training (e.g. student to do post-graduate work,
scholars doing research, medical students etc.).
Certain J visa holders are subject to a requirement that they must return
to their home country or country of last residence for two years upon
completion of their training in the USA before they are eligible to adjust
status, apply for an immigrant visa or change to H or L nonimmigrant status.
However, waivers of two-year foreign residency requirements are available.
The family members of J-1 visa can be accorded J-2 status.
F visa for Students
This type of visa is available to bona fide students who pursue a full
course of study at an established institution of learning. Students attending
public elementary schools or publicly funded adult education programs
do not qualify.
The alien must attend full course of study, have sufficient financial
support, have an intent to depart the US upon the completion if studies
and have sufficient academic credentials to attend particular institution.
The alien will be admitted or will be given duration of status for the
period needed to complete one educational program, including progression
to higher levels if accomplished in accordance with INS transfer procedures.
After the completion of the academic program, the alien will be allowed
one year of practical training and additional sixty days to leave the
USA or apply for change to other nonimmigrant category.
Transfers to another school is possible, following INS tranfer procedures.
No employment is allowed for the first academic year, except for twenty
hours on-campus work which can begin as soon as the student is admitted
in F-1 status. After the first year, the student may obtain employment
off-campus for twenty hours if he or she can show that he or she will
suffer severe economic hardship caused by unforseen circumstances beyond
the student’s control, or if the student is offered an intership
with an international organization.
If the student is not pursuing a full course of study, transfers schools
without permission or fails to complete the full course of study on time,
is ineligible for a program extension, he or she will be out of status
and subject to deportation.
The family members of F-1 students are eligible for F-2 nonimmigrant
NON-IMMIGRANT WORKING VISASH1- B Visa
H1-B visas are available to persons working in specialty occupations,
fashion models of distinguished merit and ability or persons providing
services related to the Department of Labor cooperative research and projects.
The petition must be filed by the employer on behalf of the alien, and
the employer must be an US employer. The job offered has to meet the requirement
of “specialty occupation”-requiring a theoretical and practical
application of a body of highly specialized knowledge and that the attainment
of bachelor’s or higher degree in the specific specialty is a minimum
for entry into the occupation in the USA. Before an H1-B application can
be submitted, an employer must obtain certification of a Labor Condition
Application, stating that the employer is offering the alien a wage that
is equal or higher to the prevailing wage for the occupation in the area
of employment, and will provide working conditions for H1-B worker which
will not adversely effect other workers similarly employed.
Admission in this visa category is for a maximum of six years including
extensions, and can be extended only under certain conditions involving
other applications being filed and pending for a certain period of time.
The period of stay is usually given in increments of three years. An extension
of stay will not be granted if the stay expired on or before the date
of filing the extension request. While in H1-B status, the travel of the
alien is authorized. If the alien changes employers, a new H1-B visa petition
is required from the new employer.
Family members of H1-B visa holder are accorded H-4 status, but are not
eligible to work.
H1-C Visa for Nurses
H1-C visa permits foreign trained nurses to work temporarily at hospitals
in Health Professional Shortage Areas. Foreign nurses have to be authorized
by the State Board of Nursing to engage in registered nurse practice in
the health care facility in the United States.
The petition must be filed by the employer with USCIS. Nurse applicants
must pass the CGFNS exam and, upon issuance of H1-C and admission to US,
obtain a temporary license.
The maximum number of H1-C visas issued per year is 500. The maximum
period of admission is three years, with one year increments, further
extensions of stay are not permitted.
H2-B and H2-A Visas for Temporary Nonagricultural and Agricultural
This type of visa is available to foreign workers who are coming to perform
temporary services of labor, and the employer must demonstrate that there
are no available or qualified Us workers to perform such services.
To determine if the job is temporary, the USCIS does not look at the
nature of the duties, but rather to the nature of employer’s needs.
The employer must demonstrate that the request for labor is a one time
occurrence, a seasonal need, a peakload need or an intermittent need.
The approval of the Temporary Labor certification from US Department
of Labor, the purpose of which is to show that there are no qualified
US workers to fill the position and which involves a recruitment process,
Admission is for one year, and extensions are possible in increments
of one year, for a maximum period of three years.
E-1 Treaty Traders
EMPLOYMENT-BASED IMMIGRANT VISAS
FAMILY-BASED IMMIGRANT AND NON-IMMIGRANT VISAS
Cancellation of Removal……
Withholding of Removal……