Robert Murtha, NYC Immigration Law

VISAS & RELATED SERVICES

Note: if you are looking for your visa processing date, please click to see the latest visa bulletin.

The law office of Robert A. Murtha can help you with immigration visa procedures in the following categories:

Non-Immigrant Visas
Immigrant Visas

Employment-Based Immigrant Visas

Family-Based Immigrant Visas

Other Immigrant Visas
Other Immigration Matters

NON-IMMIGRANT VISAS (TEMPORARY STATUS)

B1 - Visitor for Business | B2 Visitor for Pleasure:
For coming to the U.S. for business or pleasure. B1 business visitor visas are for brief visits and do not allow employment. Nationals of some countries are allowed to visit the U.S. for up to 90 days without a visa.

E1 - Treaty Trader | E2 - Treaty Investor:
Investors/traders and their employees may receive visas to carry on their business in the U.S. if the home country has a commercial treaty with the United States conferring visa eligibility.

F1 - Academic Student:
Persons doing a full course of study at an educational institution in the United States may be eligible for a visa for the course of their study and a period for practical training (P/T) in their field.

H1B - Specialty Occupation:
DOD Employee Professionals with at least a BA (bachelors or its equivalent work experience) may be eligible for a nonimmigrant visa. Their employers should demonstrate that they are paid the minimum prevailing wage for the job.

H2A - Agricultural Labor:

H2B - Other Temporary Labor:

H3 - Trainee:

I - Representatives of Media:

J - Exchange Visitor:
People coming to the U.S. through an approved exchange program may be eligible for the J-1 Exchange Visitor's visa. These are students, scholars, job trainees, faculty, professors and research scholars, specialists, government visitors etc. Sometimes, a J-1 program will require that the beneficiary spend at least two years outside of the U.S. before being permitted to switch to a different nonimmigrant visa or to permanent residency.

K - Fiancé/e of U.S. Citizen:
A Fiancé(e) of a U.S. citizen is eligible for a nonimmigrant visa on the conclusion of the marriage within 90 days.

L - Intra Company Transferee:
L-1 visas are available to executives, managers and specialized employees moving to their employer's U.S. affiliate sites. Executives and managers holding L-1 visas may be eligible for permanent residency without the need for a labor cert.

M - Vocational Student:

O1 | O2 - Extraordinary Ability:
The O-1 category is for foreign nationals with extraordinary ability. They are entertainers, athletes, scientists, business people etc.

P1 | P2 | P3 - Athletes and Group Entertainers:
For athletes, artists and entertainers.

Q - International Cultural Exchange Program:

R - Religious Vocation:
Religious workers apply for the R-1 visa.

TN - Trade NAFTA Professionals:
A special visa category for nationals of Canada/ Mexico under the North American Free Trade Agreement and the United States-Canada Free Trade Agreement.

Dependents of the Above:

Other Non-Immigrant Categories:

IMMIGRANT VISAS - (PERMANENT STATUS)

EMPLOYMENT-BASED IMMIGRANT VISAS

EB1 - First Preference:
A. Persons of Extraordinary Ability
B. Outstanding Professors and Researchers
C. Multinational Executives and Managers

In these categories, the candidate can petition for permanent residency without the time consuming process of labor certification.

EB2 - Second Preference:
Members of Professions holding Advanced Degrees or Aliens of Exceptional Ability. Visa holders under normal circumstances must have a job offer and the employer must complete the labor certification process.

The labor certification involves testing of the job market to show that the potential visa holder is not taking away a job from a U.S. worker. If it can be shown that the individual's entry is in the national interest, the job offer and LC requirements can be waived.

EB3 - Third Preference:
Skilled Workers, Professionals and other Workers.

Visa holders under normal circumstances must have a job offer and the employer must complete the labor certification process.

EB4 - Fourth Preference - Special Immigrants:
Religious Workers, Commuters from Border, Retired G-4 (Employee of international Organizations), Returning Resident, etc. Ministers of religion are eligible for permanent residency.

EB5 - Fifth Preference - Employment Creation Investors:
With the 1990 Immigration Act, Congress has kept aside up to 10,000 visas per year just for alien investors in new commercial enterprises who will create employment for at least ten individuals. There are two investor groups under the program - people who invest at least $500,000 in "targeted employment areas" (rural areas or areas experiencing high unemployment of at least 150% of the national average rate) and those who invest $1,000,000 elsewhere. Not less than 3,000 of the annual allotment of visas in this category must go to the targeted employment areas.

FAMILY-BASED IMMIGRANT VISAS

U.S. citizens can petition for parents, spouses, siblings and children. Permanent Residents (PR) can petition for spouses and children only. Immediate Relatives of US Citizens - Unmarried children under 21, Spouse, Parent, Widow/Widower (under certain circumstances)

First Preference:
Unmarried sons or daughters of US citizens over age 21.

Second Preference:
Spouses and unmarried children of lawful permanent residents (Green Card Holders).

Third Preference:
Married sons and daughters of US citizens.

Fourth Preference:
Brothers and sisters of US citizens.

OTHER IMMIGRANT VISAS

Diversity Visa - DV-1 Visas (the "Green Card Lottery")
Started in October 1994 as the Permanent Diversity Program for natives of certain countries that have provided relatively few immigrants to the US in recent years. Annually, 55,000 visas are given away in a random drawing to individuals from countries underrepresented in the total immigrant pool.

Asylum | Refugee:
People with a real fear of persecution because of race, religion, nationality, belonging to a particular social group, or political opinion can apply for asylum or refugee status.

OTHER IMMIGRATION ISSUES

Citizenship:
Representation to file citizenship papers

Legal Representation and Consular Practice:
Representation before the INS throughout the United States and U.S. Consulates worldwide

Other Immigration Issues:
Representation and counsel in other general immigration matters