We have extensive experience in immigration law for more than 20 years. It is engaged with both corporate bodies and individuals to assist them with their immigration needs, both business-related and family-related. The Firm continues to work with start-ups to overcome many of their particular hurdles, and also counts many established corporations as its clients. The law office understands well also the peculiar challenges faced by foreign companies seeking to establish a presence in the US both from business, corporate, and immigration perspectives. This is more true for companies from India as the law office is well aware of the problems faced by Indian companies, or individuals from that country.
Over more than two decades, Habbu & Park has successfully filed scores of H-1B petitions, L-1 petitions (L-1A and L-1B), TN, PERM, Alien Worker, and Adjustment of Status applications, as well as P-3, O-1, O-2, R, E, and other petitions including for derivatives. The law office has also helped individuals sponsor family members (Alien Relative applications, K-1 or K-3 applications, green card petitions etc.), and has also filed naturalization applications (Form N-400).
Citizenship by Naturalization
You can apply for US citizenship if you have been a permanent resident for at least 5 years and meet all other eligibility requirements.
Citizenship for Spouses of US Citizens
If you meet all other eligibility requirements, you may file for naturalization if you have been a permanent resident for 3 years or more after marriage to a US citizen. If your child was born outside the US or is currently residing outside the US, your child may qualify for naturalization if you are a US citizen and all other eligibility requirements are met.
An Immigrant Visa (or green card) is a permanent resident visa for someone who intends to live and work permanently in the United States. Green cards are issued to those who qualify for permanent residence in the United States. Some of the ways to obtain residence in the US include Immigration through a family member, Immigration through employment, Immigration through investment, Adjusting to lawful permanent resident status as an asylee or refugee, Immigration through the Diversity Lottery, Immigration through International adoption, Violence Against Women Act (VAWA), and Immigration through “The Registry” (Immigration and Nationality Act).
Family-Sponsored Green Card
Green card for an immediate relative of a U.S. Citizen
US citizens can file a petition for certain qualified relatives to come and live permanently in the United States. Eligible immediate relatives include the US citizen’s Spouse, Unmarried child under the age of 21 and Parent (if the US citizen is over the age of 21). Green Card for a Family Member of a US Citizen: Family Preference Category There is usually a waiting period for Family Preference Category before an immigrant visa number becomes available. This category includes unmarried children over the age of 2, married children of any age, and siblings (if the US citizen petitioner is over the age of 21). Green Card for a Family Member of a Permanent Resident: Family Preference Category A permanent resident can file a petition for his/her spouse and unmarried child(ren) of any age to immigrate to the United States. There is generally a waiting period before an immigrant visa number becomes available.
Green Card through Special Family Categories
This category includes petition for (1) Battered spouse or child (VAWA) which allows certain spouses, children and parents of US citizens and permanent residents (green card holders) to file a petition for themselves without the abuser’s knowledge (2) K nonimmigrant which includes categories for a fiancé(e) of US citizens and their accompanying minor children (K-1 and K-2 visas) and K-3 visa category for foreign spouses and K-4 category for stepchildren of US citizens.
An H-1B Visa may be issued to an alien who is coming temporarily to the United States to perform services in a Specialty Occupation as defined in the Immigration and Nationality Act. The H-1B Visa program is a popular method for bringing in professional level foreign employees to the USA to work in Specialty Occupations for up to a total of six years. Commonly used occupation categories nowadays are positions relating to Computer Science, Health Care, Teaching, Engineering and Technology, Law, Accounting, Financial Analysis, Architecture and other Scientific Research positions. H-1B visa enables US employers to hire foreign professionals for a specified period of time by filing an appropriate petition.
The H-1B visa has an annual numerical limit “cap” of 65,000 visas each fiscal year. There is an additional quota of 20,000 petitions filed on behalf of beneficiaries with a US master’s degree or higher. It should be noted that H-1B workers who are petitioned for or employed at an institution of higher education or its affiliated or related nonprofit entities or a nonprofit research organization, or a government research organization are not subject to this numerical cap.
L-1A And L-2
The L-1A nonimmigrant classification enables a US employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company which does not yet have an affiliated US office to send an executive or manager to the United States with the purpose of establishing one. The employer must file Form I-129, Petition for a Nonimmigrant Worker, on behalf of the employee. Dependent spouse and children can apply for L-2 visa.
L-1B And L-2
The L-1B nonimmigrant classification enables a US employer to transfer a professional employee with specialized knowledge relating to the organization’s interests from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company which does not yet have an affiliated US office to send a specialized knowledge employee to the United States to help establish one. The employer must file Form I-129, Petition for a Nonimmigrant Worker, on behalf of the employee. Dependent spouse and children can apply for L-2 visa.
P-3 (Artists or Entertainers)
The P-3 classification applies to individuals who perform, teach or coach as artists or entertainers, individually or as part of a group, under a program that is culturally unique. A P-3 visa is given individually or as a group for the purpose of developing, interpreting, representing, coaching, or teaching a unique or traditional ethnic, folk, cultural, musical, theatrical, or artistic performance or presentation. In addition, artists or entertainers should participate in a cultural event or events. The program may be of a commercial or noncommercial nature.
The E-3 classification applies only to nationals of Australia. You must be coming to the United States solely to perform services in a specialty occupation. The specialty occupation requires theoretical and practical application of a body of knowledge in professional fields and at least the attainment of a bachelor’s degree, or its equivalent, as a minimum for entry into the occupation in the United States.
The F-1 Visa (Academic Student) allows a person to enter the United States as a full-time student at an accredited college, university, seminary, conservatory, academic high school, elementary school, or other academic institution or in a language training program. For this classification, an enrollment in a program or course of study that culminates in a degree, diploma, or certificate is required and the school must be authorized by the US government to accept international students.
Exchange Visitors (J-1)
The J-1 classification (exchange visitors) is authorized for those who intend to participate in an approved program for the purpose of teaching, instructing or lecturing, studying, observing, conducting research, consulting, demonstrating special skills, receiving training, or to receive graduate medical education or training. In carrying out the responsibilities of the Exchange Visitor Program, the Department of State designates public and private entities to act as exchange sponsors. J-1 nonimmigrants are therefore sponsored by an exchange program that is designated as such by the US Department of State. These programs are designed to promote the interchange or persons, knowledge, and skills, in the fields of education, arts, and science.
All US employers must complete and retain a Form I-9 for each individual they hire for employment in the United States. This includes citizens and noncitizens. On the form, the employer must examine the employment eligibility and identity document(s) an employee presents to determine whether the document(s) reasonably appear to be genuine and relate to the individual, and record the document information on the Form I-9.
Change Of Address
In addition to changing your address for a pending application, the law requires that all non-US citizens, except for holders of A or G visas, report a change of address within 10 days of moving by completing a USCIS Form AR-11, Change of Address.
California Immigration Lawyer
At Habbu & Park of San Jose, we are up to date and knowledgeable on immigration laws, regulations and the visa application procedures. We have been helping the residences of the Bay Area with their immigration law needs for the last two decades. As a client, you will receive personal attention and work directly with an experienced attorney who will be able to answer any questions you have and keep you informed of new developments as your case moves forward. Our San Jose law firm offers a informative consultation so please call us at 408-993-9577 – Email us – Or visit us at 95 South Market Street, Suite 530, San Jose, California 95113.