PERM (Labor Certification) Process For Employment Based Green Cards Applications

PERM is the new procedure for Labor Certification, and stands for Program Electronic Review Management process.  The PERM process requires the Applicant’s sponsoring employer to conduct a series of recruitment activities to determine if there is another applicant in the US for the same position.  If there is not a qualified and willing applicant (US citizen or Permanent Resident) available for the position during the recruitment process, the employer is permitted to submit the PERM Labor Certification.

The main requirement in PERM is that the petitioning employer is required to have all supporting documents ready prior to filing and should submit them to the Department of Labor within 30 days in the event the case is chosen for audit by the Department of Labor.  PERM Labor Certifications are processed and adjudicated by the US Department of Labor within approximately 45 to 60 days.

PERM Labor Certifications are extremely detailed and require a skilled attorney.  The recruitment efforts and the method of evaluation of applicants for the position must be done in a proper manner and should be done with an experienced Immigration Attorney.  If you intend on filing an employment based green card application, contact Cipolla Law Group for a consultation.

Legal Notice

Cipolla & Pelud P.C. is a Chicago, US based law firm specializing in immigration law along with protecting and asserting the rights of immigrants in areas beyond immigration law.  Immigration law is federal in nature. Cipolla & Pelud P.C. does not claim expertise in the laws of states or countries other than where our attorneys are licensed. Cipolla & Pelud P.C. retains clients only after following specifically stated immigration consultation procedures. The information contained on this website is intended to provide general education to its users and is not intended to provide solutions to specific problems, facts, or cases. Users of this website are not encouraged to resolve individual immigration issues on the basis of information contained herein and are strongly advised to contact an immigration lawyer.  Please contact Cipolla & Pelud P.C. so that we may consult with you based on your specific immigration issue or other legal issue. 

EB1 Extraordinary Ability & EB2 National Interest Waiver (NIW)

Extraordinary Ability and National Interest Waiver Petitions are extremely high standards to prove and require to be prepared the most concise and strongest case possible.   The very nature of the standards of proof is setting yourself apart from your peers within your field, which is a very competitive process and requires great skill in understanding your case, your field, and the best way to present the case.  

The advantage of EB1 and NIW Petitions are the ability to self petition and to avoid Labor Certification.  The most important part of Extraordinary Ability and NIW Petitions is properly defining the field of expertise and then supporting the Applicant’s case with evidence such as the following:

•   Awards in the Field;
•   Publications;
•   Citations;
•   Patents
•   Salary
•   Evaluation Letters

This list of evidence is not exclusive as each case varies based upon the type of evidence.  Its extremely important to have a law firm experienced in preparing successful EB1 Extraordinary Ability and EB2 NIW cases handle your case as it is your time, money, and future at stake.  For an evaluation of your case contact Cipolla Law Group.

Students on F1 visas are generally eligible for Optional Practical Training (OPT) when:

1. A Full time Student for at least one academic year which is normally 8 to 9 consecutive months (unless a graduate student in a special program);
2. The training is related to a course of study;
3. It is employment for the purpose of practical training; and
4. It is not for English language training.  

OPT may be exercise in one of four circumstances:

1. During student’s annual vacation and at other times when school is not in session;
2. While school is in session as long as it does not exceed 20 hours per week;
3. After completion of all course requirements;
4. After completion of the course of study.

OPT is limited to 12 months (non-stem students) and the training must be completed within 14 months of graduation.  STEM students (Science, Technology, Engineering, or Mathematics) can obtain one additional 17 month period (29 months in total) if the Employer is enrolled in the E-verify program and agrees to report the students departure within 48 hours.

Many students training under OPT later find jobs with their current employers or new employers and subsequently file for H1B visas.  The rules relating to whether a student on OPT may stay in the US and/or work while the H1B visa is pending (and subsequently approved) are very case specific and its imperative to obtain the best guidance possible by an experienced Immigration Law Firm.  Contact Cipolla Law Group today for a consulation.

Adjustment of status is the process of a person legally inspected and admitted into the US adjusting their status to conditional or permanent lawful resident status (Green Card Holder).  To be eligible to adjust status, a visa number must be immediately available.   In cases of Immediate Relative Petitions such as Marriage Green Cards, there is always a visa available and consequently, spouses of US Citizens are eligible to adjust status immediately.  Similarly, certain Employment Based Green Cards generally have an immediately available visa such as EB1 Extraordinary Ability Petitions.  

Unfortunately, many petitions that will eventually lead to permanent resident status do not have immediately available visas causing a long gap of time between the date the underlying petition was approved and the ability to apply for adjustment of status.  This is very common for preference relative petitions and second and third preference Employment Based Petitions (EB2 & EB3).   Consequently, it is very important in these situations to maintain nonimmigrant status while waiting for an available permanent visa, making it extremely important to fully understand your case and map out the most efficient and effective strategy with an experienced Immigration Law Firm such as Cipolla Law Group.

To map out your Immigration Strategy and understand when you will likely be able to adjust your status contact Cipolla Law Group for a Free Initial Consultation and a Quote. 

Fourth Preference: EB4 Visa (Special Immigrants)

There are approximately 10,000 Visas each year set aside for Special Immigrants. Qualified Applicants for the EB4 must go through the labor certification (PERM) process and include the following:

• Certain Physicians who have resided in the United States for a number of Years;
• Religious workers to act as a minister of religion, or to work in a professional capacity in a religious vocation, or to work for a tax-exempt organization affiliated with a religious denomination;
• Certain overseas employees of the U.S. Government;
• Retired employees of international organizations;
• Certain dependents of international organization employees;  
• Certain members of the U.S. Armed Forces.

Fifth Preference: EB5 Visa (Investors)

There are approximately 10,000 Visas each set aside for Investors qualified for a EB5 Visa.  Qualified Applicants must go through the Labor Certification (PERM) process and include the following:

• Investors that invests a minimum of $1 million in creating or expanding a United States business that fully employs a minimum of 10 persons; or
• Investors that invests a minimum of $500,000 in creating or expanding a United States business located in a rural area or urban area with an unemployment rate to certified to be at least 150% of the national average.  The business must fully employ a minimum of 10 persons.
  

E1 Visa (Treaty Trader)

E1 Visas are known as the next best thing to Lawful Permanent Residency. If you are a business person from one of the Treaty Countries and you plan to carry on substantial trade as defined by the Immigration and Nationality Act, including trade in services or trade in technology, principally between the United States and the foreign state of which he is a national, then the E1 Visa may be the appropriate visa for you. 

Eligible Persons For E1 Visa

The following persons are individuals are eligible for a E1 Visa:
• A Supervisor, Manager, Key Employee, or Specialist operating in the United States;
• Nationals of Treaty Countries Entering the US to carry out Substantial Trade;
• Immediate Relatives of E1 Visa Holders.

E2 Visa (Treaty Investor)

E2 Visas are known as the next best thing to Lawful Permanent Residency.  If you are a business person from one of the Treaty Countries, and you plan to develop and direct the operations of an enterprise in which you have invested, or, of an enterprise in which you are actively in the process of investing a substantial amount of capital as required by the mmigration and Nationality Act, principally between the United States and the foreign state of which you are a national, then the E2 Visa may be the appropriate visa for you.

Eligible Persons For E2 (Treaty Investor) Visas:
The following persons are individuals are eligible for a E2 Visa

• Entrepreneurs/Nationals investing substantially in a United States enterprise;
  • Nationals that are Owners, Executives, Managers, Supervisors, or Essential Employees entering the United States to develop and direct investments from the respective Treaty Trader Country;
  • Immediate Relatives of E2 Visa Holders.

Obtaining an E2 Visas require great skill in navigating through the detailed rules and regulations surrounding E2 Visas.  Contact Cipolla Law Group to put your best case forward in obtaining an E2 Visa. 

Intracompany Transferees: (L1 Visa, L1 Blanket Visa, L2 Visa)

An L1 Visa is available for managers, executives, or especially knowledgeable employees from an overseas company to work at an affiliated company located in the United States.  There are no limits in the amount of L1 Visas available each year.  The L1 visa is initially valid for three years and can be extended to a total stay of five years. There is no prevailing wage requirement for the L1 visa. 

L1 Visa & Blanket Status For Large Companies

Large Companies may obtain L1 Blanket Status.  L1 Blanket status allows large US companies that require frequent transferring of non-US employees to do so with one blanket L1 Petition.  Individuals will still need a petition, but Blanket Status will still eliminate much of the paperwork.  To find more out about L1 applications or L1 Blanket Applications, contact Gerald Cipolla & Associates for a consultation.   

Qualifications For L1 Visa (Intracompany Transferees)

L1 Visas are available to the following:        

Executives of an overseas company to oversee a branch, subsidiary, affiliate or joint venture partner within the United States

Managers or Professionals to manage or oversee a branch,subsidiary, affiliate or joint venture partner within the United States

Key Employees with Specialized Knowledge to provide its services at a branch, subsidiary, affiliate or joint venture partner within the United States

Employees and Partners of international accounting firms;

L1 Visa Requirements

To qualify for an L1 Visa, the following must be established:

The Applicant must have within three years preceding the time of application been employed abroad continuously for one year by a firm or corporation or other legal entity or parent, branch, affiliate, or subsidiary;

The Applicant seeks to enter the United States temporarily in order to render his or her services to a branch of the same employer or a parent, affiliate, or subsidiary thereof in a capacity that is managerial, executive , or involves specialized knowledge.

L2 Visas (Accompanying Relatives of L1 Visa Holders)

L2 Visas are available to the spouses and the unmarried children under the age of 21 of L1 Visa Holders.  Spouses of L1 Visa Holders are permitted to work, however the minor children under the age of 21 are not. 

The rules and restrictions surround L Visas are extremely complicated and require a skilled attorney to lay out a clear strategy in light of the law and your particular circumstances as well as properly and efficiently file the application.  Contact Cipolla Law Group for a consultation.

H3 Visa (Work Visa For Temporary Trainees)

The H3 Visa is for individuals who have been invited to participate in a training program.  The training may be offered by a United States Branch of their own Company, or by a non-affiliated United States Company. There are no limits to the amount of available H3 Visas.  Each H3 Visa is available for the duration of the Training Program, but usually not in excess of 2 years. 

H3 Visa (Work Visa For Temporary Trainees) Requirements

• The training is not available in the Trainee’s Home Country
• Any productive employment is incidental to the training
• The training will benefit the Trainee in pursuing a career outside of the United States. 

Employment Based Green Cards

• EB1/NIW Discussion (Self-Sponsorship Options)
• EB1-EA (Alien of Extraordinary Ability)
• EB1-OR (Outstanding Researcher)
• EB1-ET (Executive Transferee)
• EB2 (Professionals With Advanced Degrees)
• National Interest Waiver
• Schedule A (Nurses & Physical Therapists)
• EB-3 (Skilled Workers)
• PERM
• EB-4 (Special Immigrants)
• EB-5 (Investors)

Non-immigrant Work Visas

• E3 Visa (Australian Citizen Specialty Worker)
• H1B Visa (Specialty Worker)
• H1C Visa (Temporary Nurse)
• H2A Visa (Agricultural Worker)
• H2B Visa (Seasonal Worker)
• H3 Visa (Company Trainee)
• L1 Visa (Intracompany Transferee)
• O Visas (Alien of Extraordinary Ability)
• P1 Visa (Artist/Athlete/Entertainment Group)
• P2 Visa (Artist/Athlete in an Exchange Program)
• P3 Visa (Artist/Athlete in a Culturally Unique Program)
• R1 Visa (Religious Worker)
• TN Visa (NAFTA Professional)

Trade Visas For Canadians and Mexicans: (TN1 Visa, TN2 Visa, TD Visa)

The North America Free Trade Agreement (NAFTA) between the United States, Canada, and Mexico permits Canadian and Mexican visitors who are going to perform one of the approved professions listed in NAFTA without having a work visa.  Approved professions include occupations such as medical related professions, scientists, engineers, lawyers, and teachers.  TN Visas are valid for one year and may be extended each year indefinitely.  TN1 Visas are available for Canadian Professionals.TN2 Visas are available Mexican Professionals. 

 There are additional required filing procedures for Mexican TN2 Applicants. TD Visas are available to spouses and unmarried children of TN Visa Holders.

To gain TN status, proper applications must still be filed and granted.There are many detailed rules and restrictions surrounding TN Visas in order to prove that you will be performing an approved profession and that you possess the appropriate background and skill set required.

Some of the individuals and companies Cipolla Law Group can assist in obtaining TN Visas

• U.S. companies wanting to employ Canadian or Mexican Professionals holding a bachelor’s degree or higher or possessions specialized skills
• Canadian and Mexican Professionals within specialized approved professions including but not limited to: accounting, law, computer science, science and research, medical professional, management consulting, etc
• Canadian and Mexican companies to transfer executives, managers, supervisors, and key employees to the U.S. parent, branch, subsidiary, affiliate, or joint venture.

If you plan to apply for a green card, a TN Visa may not be the appropriate visa for you.     To see you if  a TN Visa is appropriate for you or to apply for a TN Visa, contact Cipolla Law Group for a consultation.

Trade Visas For Canadians and Mexicans: (TN1 Visa, TN2 Visa, TD Visa)

The North America Free Trade Agreement (NAFTA) between the United States, Canada, and Mexico permits Canadian and Mexican visitors who are going to perform one of the approved professions listed in NAFTA without having a work visa.  Approved professions include occupations such as medical related professions, scientists, engineers, lawyers, and teachers.  TN Visas are valid for one year and may be extended each year indefinitely.  TN1 Visas are available for Canadian Professionals.TN2 Visas are available Mexican Professionals. 

 There are additional required filing procedures for Mexican TN2 Applicants. TD Visas are available to spouses and unmarried children of TN Visa Holders.

To gain TN status, proper applications must still be filed and granted.There are many detailed rules and restrictions surrounding TN Visas in order to prove that you will be performing an approved profession and that you possess the appropriate background and skill set required.

Some of the individuals and companies Cipolla Law Group can assist in obtaining TN Visas

• U.S. companies wanting to employ Canadian or Mexican Professionals holding a bachelor’s degree or higher or possessions specialized skills
• Canadian and Mexican Professionals within specialized approved professions including but not limited to: accounting, law, computer science, science and research, medical professional, management consulting, etc
• Canadian and Mexican companies to transfer executives, managers, supervisors, and key employees to the U.S. parent, branch, subsidiary, affiliate, or joint venture.

If you plan to apply for a green card, a TN Visa may not be the appropriate visa for you.     To see you if  a TN Visa is appropriate for you or to apply for a TN Visa, contact Cipolla Law Group for a consultation.

Trade Visas For Canadians and Mexicans: (TN1 Visa, TN2 Visa, TD Visa)

The North America Free Trade Agreement (NAFTA) between the United States, Canada, and Mexico permits Canadian and Mexican visitors who are going to perform one of the approved professions listed in NAFTA without having a work visa.  Approved professions include occupations such as medical related professions, scientists, engineers, lawyers, and teachers.  TN Visas are valid for one year and may be extended each year indefinitely.  TN1 Visas are available for Canadian Professionals.TN2 Visas are available Mexican Professionals. 

 There are additional required filing procedures for Mexican TN2 Applicants. TD Visas are available to spouses and unmarried children of TN Visa Holders.

To gain TN status, proper applications must still be filed and granted.There are many detailed rules and restrictions surrounding TN Visas in order to prove that you will be performing an approved profession and that you possess the appropriate background and skill set required.

Some of the individuals and companies Cipolla Law Group can assist in obtaining TN Visas

• U.S. companies wanting to employ Canadian or Mexican Professionals holding a bachelor’s degree or higher or possessions specialized skills
• Canadian and Mexican Professionals within specialized approved professions including but not limited to: accounting, law, computer science, science and research, medical professional, management consulting, etc
• Canadian and Mexican companies to transfer executives, managers, supervisors, and key employees to the U.S. parent, branch, subsidiary, affiliate, or joint venture.

If you plan to apply for a green card, a TN Visa may not be the appropriate visa for you.     To see you if  a TN Visa is appropriate for you or to apply for a TN Visa, contact Cipolla Law Group for a consultation. 

Student, Exchange Student, Scholars, Vocational Studies

• F Visas (Students)
• J Visas (Exchange Students & Scholars)
• M Visas (Vocational Studies)

Employment Visas (EB1, EB2, EB3, EB4, EB5)

Employment Based Visas lead to Lawful Permanent Residence or a green card.  There are 140,000 employment based green cards for applicants who can prove that either they are the best in their field or whose labor or works skills are needed to fill the gaps and needs of the United States workforce.  There are five preference categories of Employment Based Visas. 

First Preference: EB1 Visa (Priority Workers)

There are approximately 40,000 EB1 Visas made available each    year. Applicants for EB1 Visas do not require the process of labor certification (Perm), however a strong showing that the applicant is one of the following is required:

• Worker of extraordinary ability in the arts, business, science, education, or athletics;
• Outstanding University Professor or Researcher; or
• Transferring Executive or Manager of a multinational company.

Second Preference: EB2 Visa (Professionals With Advanced University Degrees or Persons of Exceptional Ability in the
Sciences, Arts, or Business)

Applicants for EB2 Visas must file a Labor Certification (PERM) or unless they can satisfy the requirements for a National Interest Waiver.  There are approximately 40,000 EB2 Visas made available each year.  In obtaining a EB2 Visa, a strong showing must be made in proving that the applicant is one of the following:

• Advanced Degree Professional
• Person of Exceptional Ability in the sciences, arts, or business that will prospectively benefit the national interest to a substantially greater degree than a similarly qualified, available United States worker would. 

Third Preference: EB3 Visa (Professionals, Skilled, and Other Workers)

Applicants for EB3 Visas must file a labor certification (PERM). There are approximately 40,000 visas made available each year for Professionals and Skilled Workers.  Qualified Applicants for a EB3 Visa are:

• Professionals with a bachelor’s degree;
• Skilled Workers having at least two years of training and experience in a field;
• Other Workers having less than two years of training and experience in a field.  There are only about 10,000 Visas each year set aside for Other Workers. 

Fourth Preference: EB4 Visa (Special Immigrants)

There are approximately 10,000 Visas each year set aside for Special Immigrants. Qualified Applicants for the EB4 must go through the labor certification (PERM) process and include the following:

• Certain Physicians who have resided in the United States for a number of Years;
• Religious workers to act as a minister of religion, or to work in a professional capacity in a religious vocation, or to work for a tax-exempt organization affiliated with a religious denomination;
• Certain overseas employees of the U.S. Government;
• Retired employees of international organizations;
• Certain dependents of international organization employees; 
• Certain members of the U.S. Armed Forces.

Fifth Preference: EB5 Visa (Investors)

There are approximately 10,000 Visas each set aside for Investors qualified for a EB5 Visa.  Qualified Applicants must go through the Labor Certification (PERM) process and include the following:

• Investors that invests a minimum of $1 million in creating or expanding a United States business that fully employs a minimum of 10 persons; or
• Investors that invests a minimum of $500,000 in creating or expanding a United States business located in a rural area or urban area with an unemployment rate to certified to be at least 150% of the national average.  The business must fully employ a minimum of 10 persons.

Employment Based Visas are require a significant amount of planning and can require a significant amount of time.  Having a skilled attorney put forward your best case and minimize the pitfalls is necessary.  Gerald Cipolla and Associates will examine your circumstances and situation in detail so that you can obtain your approval and begin working without any unnecessary delays.  Contact Gerald Cipolla & Associates for a consultation today.

Employment Visas (EB1, EB2, EB3, EB4, EB5)

Employment Based Visas lead to Lawful Permanent Residence or a green card.  There are 140,000 employment based green cards for applicants who can prove that either they are the best in their field or whose labor or works skills are needed to fill the gaps and needs of the United States workforce.  There are five preference categories of Employment Based Visas. 

First Preference: EB1 Visa (Priority Workers)

There are approximately 40,000 EB1 Visas made available each    year. Applicants for EB1 Visas do not require the process of labor certification (Perm), however a strong showing that the applicant is one of the following is required:

• Worker of extraordinary ability in the arts, business, science, education, or athletics;
• Outstanding University Professor or Researcher; or
• Transferring Executive or Manager of a multinational company.

Second Preference: EB2 Visa (Professionals With Advanced University Degrees or Persons of Exceptional Ability in the
Sciences, Arts, or Business)

Applicants for EB2 Visas must file a Labor Certification (PERM) or unless they can satisfy the requirements for a National Interest Waiver.  There are approximately 40,000 EB2 Visas made available each year.  In obtaining a EB2 Visa, a strong showing must be made in proving that the applicant is one of the following:

• Advanced Degree Professional
• Person of Exceptional Ability in the sciences, arts, or business that will prospectively benefit the national interest to a substantially greater degree than a similarly qualified, available United States worker would. 

Third Preference: EB3 Visa (Professionals, Skilled, and Other Workers)

Applicants for EB3 Visas must file a labor certification (PERM). There are approximately 40,000 visas made available each year for Professionals and Skilled Workers.  Qualified Applicants for a EB3 Visa are:

• Professionals with a bachelor’s degree;
• Skilled Workers having at least two years of training and experience in a field;
• Other Workers having less than two years of training and experience in a field.  There are only about 10,000 Visas each year set aside for Other Workers. 

Fourth Preference: EB4 Visa (Special Immigrants)

There are approximately 10,000 Visas each year set aside for Special Immigrants. Qualified Applicants for the EB4 must go through the labor certification (PERM) process and include the following:

• Certain Physicians who have resided in the United States for a number of Years;
• Religious workers to act as a minister of religion, or to work in a professional capacity in a religious vocation, or to work for a tax-exempt organization affiliated with a religious denomination;
• Certain overseas employees of the U.S. Government;
• Retired employees of international organizations;
• Certain dependents of international organization employees; 
• Certain members of the U.S. Armed Forces.

Fifth Preference: EB5 Visa (Investors)

There are approximately 10,000 Visas each set aside for Investors qualified for a EB5 Visa.  Qualified Applicants must go through the Labor Certification (PERM) process and include the following:

• Investors that invests a minimum of $1 million in creating or expanding a United States business that fully employs a minimum of 10 persons; or
• Investors that invests a minimum of $500,000 in creating or expanding a United States business located in a rural area or urban area with an unemployment rate to certified to be at least 150% of the national average.  The business must fully employ a minimum of 10 persons.

Employment Based Visas are require a significant amount of planning and can require a significant amount of time.  Having a skilled attorney put forward your best case and minimize the pitfalls is necessary.  Gerald Cipolla and Associates will examine your circumstances and situation in detail so that you can obtain your approval and begin working without any unnecessary delays.  Contact Cipolla Law Group for a consultation today.

Overseas Business, Investment, and Trade Practice Areas

Many of our clients conduct business, investment, and trade in the United States and overseas.  Our affiliated law office Gerald Cipolla & Associates can assist you in both the United States and overseas. Gerald Cipolla has a Masters of Law in International Law with a special emphasis on Chinese Law.  Having lived, studied, and worked with business in Hong Kong, he has become a skilled advisor on overseas transactions, and in particular, in Hong Kong, China, and other parts of Asia.  Some of the overseas business and investment areas Gerald Cipolla & Associates can assist you include:

• Incorporations – Setting up a Business Entity such as a Corporation;
• Intellectual Property – Patents, Trademarks & Copyrights ;
• Mergers & Acquisitions – Sale & Acquisition of Businesses;
• Business Transactions & Sale of Goods – Reviewing and Drafting Agreements and overseeing Letter of Credit Transactions;
• Negotiations- Ensuring you receive what you are entitled to receive.

Contact Gerald Cipolla & Associates for a consultation to determine how you can legally, efficiently, effectively, and securely conduct your business, investment, and trade overseas.

Employment Visas (EB1, EB2, EB3, EB4, EB5)

Employment Based Visas lead to Lawful Permanent Residence or a green card.  There are 140,000 employment based green cards for applicants who can prove that either they are the best in their field or whose labor or works skills are needed to fill the gaps and needs of the United States workforce.  There are five preference categories of Employment Based Visas. 

First Preference: EB1 Visa (Priority Workers)

There are approximately 40,000 EB1 Visas made available each year. Applicants for EB1 Visas do not require the process of labor certification (Perm), however a strong showing that the applicant is one of the following is required:

• Worker of extraordinary ability in the arts, business, science, education, or athletics;
• Outstanding University Professor or Researcher; or
• Transferring Executive or Manager of a multinational company.

Second Preference: EB2 Visa (Professionals With Advanced University Degrees or Persons of Exceptional Ability in the Sciences, Arts, or Business)

Applicants for EB2 Visas must file a Labor Certification (PERM) or unless they can satisfy the requirements for a National Interest Waiver.  There are approximately 40,000 EB2 Visas made available each year.In obtaining a EB2 Visa, a strong showing must be made in proving that the applicant is one of the following:

• Advanced Degree Professional
• Person of Exceptional Ability in the sciences, arts, or business that will prospectively benefit the national interest to a substantially greater degree than a similarly qualified, available United States worker would. 

Third Preference: EB3 Visa (Professionals, Skilled, and Other Workers)

Applicants for EB3 Visas must file a labor certification (PERM). There are approximately 40,000 visas made available each year for Professionals and Skilled Workers.  Qualified Applicants for a EB3 Visa are:

• Professionals with a bachelor’s degree;
• Skilled Workers having at least two years of training and experience in a field;
• Other Workers having less than two years of training and experience in a field.  There are only about 10,000 Visas each year set aside for Other Workers. 

Fourth Preference: EB4 Visa (Special Immigrants)

There are approximately 10,000 Visas each year set aside for Special Immigrants. Qualified Applicants for the EB4 must go through the labor certification (PERM) process and include the following:

• Certain Physicians who have resided in the United States for a number of Years;
• Religious workers to act as a minister of religion, or to work in a professional capacity in a religious vocation, or to work for a tax-exempt organization affiliated with a religious denomination;
• Certain overseas employees of the U.S. Government;
• Retired employees of international organizations;
• Certain dependents of international organization employees; 
• Certain members of the U.S. Armed Forces.

Fifth Preference: EB5 Visa (Investors)

There are approximately 10,000 Visas each set aside for Investors qualified for a EB5 Visa.  Qualified Applicants must go through the Labor Certification (PERM) process and include the following:

• Investors that invests a minimum of $1 million in creating or expanding a United States business that fully employs a minimum of 10 persons; or
• Investors that invests a minimum of $500,000 in creating or expanding a United States business located in a rural area or urban area with an unemployment rate to certified to be at least 150% of the national average.  The business must fully employ a minimum of 10 persons.

Employment Based Visas are require a significant amount of planning and can require a significant amount of time.  Having a skilled attorney put forward your best case and minimize the pitfalls is necessary.  Gerald Cipolla and Associates will examine your circumstances and situation in detail so that you can obtain your approval and begin working without any unnecessary delays.  Contact Gerald Cipolla & Associates for a consultation today.

Vocational Studies Visa: (M1, M2)

According to the Immigration and Nationality Act, M1 Visas are designed for persons from abroad wanting to study in the United States for the “purpose of pursuing a full course of study at an established vocational or other recognized nonacademic institution (other than in a language training program) in the United States.”  M Visas are available for the duration of the vocational program. 

Eligible M1 Visa Applicants

M1 Visas are appropriate for the following persons:

• Persons from overseas wanting to participate full time in a vocational studies course such as a technical or trades program;
• Persons from overseas wanting to study at community or junior colleges, vocational high schools, or other educational institutions. 

M2 Visas (Accompanying Relatives of M1 Visa Holders)

M2 Visas are available for Spouses and Unmarried Children under the age of 21 of M1 Holders.  M2 Visa Holders are not permitted to work. 

Examples of M1 Applicants Gerald Cipolla & Associates Can Assist

Gerald Cipolla & Associates can advise you on your student, training,and work plans.  Navigating through the voluminous and detailed immigration laws is a difficult task and requires a skilled attorney to help you establish a lawful and sound immigration strategy.  In addition to advising you on your immigration and student plans, Gerald Cipolla & Associates can also help you in filing your student visa documents.  In particular, Gerald Cipolla & Associates can assist you with immigration issues relating to the following: 

• Student and Exchange Visitor Information System (SEVIS);
• Issuing Certificates of Eligibility;
• Advising the Designated School Official (DSO);
• Changing Non-Immigrant Status;
• Advising and Applying For Initial Enrollment;
• Advising on Vacations and travel outside the United States;
• Advancement to a New Academic Level;
• Revalidation of A Student Visa;
• Extensions of stay;
• Transfer of school or educational institution
• Employment (including internships, Curricular Practical Training, Optional Practical Training, and off-campus employment based on severe economic hardship)

Cipolla Law Group can advise you on your student, training,and work plans.  Navigating through the voluminous and detailed immigration laws is a difficult task and requires a skilled attorney to help you establish a lawful and sound immigration strategy.  In addition to advising you on your immigration and student plans, Cipolla Law Group can also help you in filing your student visa documents.

Intracompany Transferees: (L1 Visa, L1 Blanket Visa, L2 Visa)

An L1 Visa is available for managers, executives, or especially knowledgeable employees from an overseas company to work at an affiliated company located in the United States.  There are no limits in the amount of L1 Visas available each year.  The L1 visa is initially valid for three years and can be extended to a total stay of five years. There is no prevailing wage requirement for the L1 visa. 

L1 Visa & Blanket Status For Large Companies

Large Companies may obtain L1 Blanket Status.  L1 Blanket status allows large US companies that require frequent transferring of non-US employees to do so with one blanket L1 Petition.  Individuals will still need a petition, but Blanket Status will still eliminate much of the paperwork.  To find more out about L1 applications or L1 Blanket Applications, contact Gerald Cipolla & Associates for a consultation.   

Qualifications For L1 Visa (Intracompany Transferees)

L1 Visas are available to the following:       

• Executives of an overseas company to oversee a branch, subsidiary, affiliate or joint venture partner within the United States
• Managers or Professionals to manage or oversee a branch,subsidiary, affiliate or joint venture partner within the United States
• Key Employees with Specialized Knowledge to provide its services at a branch, subsidiary, affiliate or joint venture partner within the United States
• Employees and Partners of international accounting firms;

L1 Visa Requirements

To qualify for an L1 Visa, the following must be established:

• The Applicant must have within three years preceding the time of application been employed abroad continuously for one year by a firm or corporation or other legal entity or parent, branch, affiliate, or subsidiary;
• The Applicant seeks to enter the United States temporarily in order to render his or her services to a branch of the same employer or a parent, affiliate, or subsidiary thereof in a capacity that is managerial, executive , or involves specialized knowledge.

L2 Visas (Accompanying Relatives of L1 Visa Holders)

L2 Visas are available to the spouses and the unmarried children under the age of 21 of L1 Visa Holders.  Spouses of L1 Visa Holders are permitted to work, however the minor children under the age of 21 are not. 

The rules and restrictions surround L Visas are extremely complicated and require a skilled attorney to lay out a clear strategy in light of the law and your particular circumstances as well as properly and efficiently file the application.  Contact Gerald Cipolla & Associates for a consultation.

K3 Visa & K4 Visa

The K3 Visa was designed to permit the Spouse of a United States Citizen enter and remain in the United States while their Green Card Application is pending and ultimately approved.  K3 Visa Holders may obtain work permits while in the United States.  Unmarried minor Children of K3 Visa holders may apply for a K4 Visa and enter with or after the K3 Visa Holder.

K3 Visa Requirements:

• A valid marriage to a United States Citizen;
• US Citizen Sponsors the K3 Visa Applicant;
• An approved visa petition in the United States;
• Application For the K3 Visa at the US Consulate.

Obtaining a K3 Visa can sometimes be a long and difficult process. Before applying for a K3 Visa contact Gerald Cipolla & Associates for a Consultation.  If you are not yet married, contact Cipolla Law Group for a consultation to discuss your immigration plans.

Fiance and Spouse Visa: (K1, K2 , K3, K4)

The K1 Visa is designed to allow fiancés of United States Citizens to enter the United States for a ninety day period.  Once the K1 Visa is obtained, the Visa Holder has six months to enter the United States before expiration of the Visa.  Upon entering the United States on the K1 Visa, if the K1 Visa Holder within ninety days and the US Citizen Sponsor marry, then the K1 Visa Holder can apply for its Green Card and obtain a work visa. 

K1 Visa Requirements

• United States Citizen Sponsor
• Both the K1 Visa Applicant and the US Citizen Sponsor must be unmarried whereby all prior marriages have been terminated through death, divorce, or annulment 
• The US Citizen Sponsor and the K1 Visa Applicant must have met in person within the last two years, unless meeting would create an extreme hardship
• The K1 Visa Holder’s unmarried children under the age of 21 may apply for a K2 Visa

Obtaining K1 Visas and ultimately a Green Card requires appropriate counsel and application to avoid the numerous potential pitfalls created by the detailed rules and restrictions surround K Visas and Green Cards.  Make sure you consult with Cipolla Law Group before applying for you K Visa.

Exchange Visitor Visa: (J1 Visa, J2 Visa) - Overview

The J1 Visa is for persons wanting to come to the United States for educational, scholarly, and cultural exchange programs.  There are no limits in the amount of J1 Visas granted each year.  Each J1 Visa is valid for the duration of its Exchange Program.  J1 Visa Holders may work legally in the United States if the work is a part of their approved program, or if granted permission from the official Program Sponsor.  

Examples of J1 Visa Applicants

• Research Assistants;
• Trainees;
• College and University Students;
• Medical Students and Graduates;
• Physicians;
• Government Visitors;
• Educational Scholars;
• Primary and High School Level Students;
• Teachers and Professors;
• Summer Workers;
• Au Pairs.

J2 Visas - Accompanying Relatives of J1 Visa Holders

Spouses and Minor Children of J1 Visa Holders may apply for a J2 Visa. J2 Spouses may apply for a work permit.  Spouses and Minor Children holding J2 Visas may attend school. 

J1 Visa Holders and Subsequent Green Card Applications

In some cases, J1 Visa Holders may be required to return to their home country for a period of at least two years before applying for a Green Card.  In some circumstances, J1 Visa Holders may need a J1 Waiverprior to adjusting status or applying for a Green Card. 

The rules and restrictions surrounding J1 Visas are complicated.Before deciding to apply for a J1 Visa make sure you set up a consultation with Cipolla Law Group to determine if a J1 Visa is appropriate for you.

Treaty Trader & Investor Visas

E1 Visa for Treaty Traders

E2 Visa for Treaty Investors

H2B Visa (Temporary Non-Agricultural Workers):

The H2B visa was created to allow people to come to the U.S. temporarily to fill nonagricultural jobs for which U.S. workers are in short supply.  Examples of qualified H2B applicants are:

• Entertainers not qualifying for O or P Visas
• Athletes
• Camp Counselors
• Craftpersons
• Ski Instructors
• Home Attendants For Terminally Ill Patients

There are other possible positions available for a H2B Visa, however, be aware that most positions do not qualify for a H2B Visa.  Moreover, if you are an United States Company wanting to employ a seasonal or temporary worker or a person having a temporary or seasonal job offer, be aware of the annual quota for this kind of visa. Thus, it is crucial  that your application gets done right and gets filed before the visas run out. Ple

H2A Visa (Temporary Agricultural Worker) - Overview

The Immigration and Nationality Act permits persons “having a residence in a foreign country…coming temporarily to the United States to perform agricultural labor or services” to obtain a H2A Visa.  There are no limits to the amount of available H2A Visas available, which are valid up to one year and may be renewable for a total of 3 years.  A company may file one H2A petition for a large number of persons in which it has elected to sponsor. 

At Gerald Cipolla & Associates, we represent the following for H2A Visas:

• United States Companies hiring temporary or seasonal agricultural labor;
• Foreign agricultural workers that have a seasonal or temporary agricultural job offer from a United States Company.

Contact Gerald Cipolla & Associates for a consultation today

H1C Visa - For Registered Nurses

The United States allots 500 H1C Visas annually to registered nurses that are valid for one three year period, which cannot be renewed.  Due to the limited amount of H1C’s available and the inability to extend the visa, most nurses choose to apply for a Nursing Green Card, as there is presently a shortage of available nurses in the United States. H1C Visas, if available, are for the following:

• Hospitals and medical facilities designated to hire registered foreign nurses
• Foreign nurses with an unrestricted license to practice nursing

To determine if an H1C or a Nursing Green Card is appropriate for you,please contact Cipolla Law Group for a consultation.

F1 & F2 Visas (Students and Accompanying Relatives)

The United States permits persons having a residence in a foreign country to pursue a degree, certificate, or conduct vocational studies in the United States.  There are no limits in the amount of Student Visas granted each year. 

Student Visa Requirements

Specifically, the United States requires applicants for a F1 Visa:

• Attend a full course of academic study in the United States at colleges, universities, conservatories, high school, elementary school, or other educational institution; or
• Attend a full course at an approved institution with language training programs

Spouses and Minor Children holding an F1 Visa may receive a F2 Visa.

Cipolla Law Group can advise you on your student, training, and work plans.  Navigating through the voluminous and detailed immigration laws is a difficult task and requires a skilled attorney to help you establish a lawful and sound immigration strategy.  In addition to advising you on your immigration and student plans, Cipolla Law Group can also help you in filing your student visa documents. 

Examples of services we can assist students seeking an F1/F2 Visa: 

• Student and Exchange Visitor Information System (SEVIS);
• Issuing Certificates of Eligibility;
• Advising the Designated School Official (DSO);
• Changing Non-Immigrant Status;
• Advising and Applying For Initial Enrollment;
• Advising on Vacations and travel outside the United States;
• Advancement to a New Academic Level;
• Revalidation of A Student Visa;
• Extensions of stay;
• Transfer of school or educational institution
• Employment (including internships, Curricular Practical Training,Optional Practical Training, and off-campus employment based on severe economic hardship)

Cipolla Law Group can advise you on your student, training,and work plans.Navigating through the voluminous and detailed immigration laws is a difficult task and requires a skilled attorney to help you establish a lawful and sound immigration strategy.  In addition to advising you on your immigration and student plans, Cipolla Law Group can also help you in filing your student visa documents. Contact Cipolla Law Group today.

K3 Visa & K4 Visa

The K3 Visa was designed to permit the Spouse of a United States Citizen enter and remain in the United States while their Green Card Application is pending and ultimately approved.  K3 Visa Holders may obtain work permits while in the United States.  Unmarried minor Children of K3 Visa holders may apply for a K4 Visa and enter with or after the K3 Visa Holder.

K3 Visa Requirements:

• A valid marriage to a United States Citizen;
• US Citizen Sponsors the K3 Visa Applicant;
• An approved visa petition in the United States;
• Application For the K3 Visa at the US Consulate.

Obtaining a K3 Visa can sometimes be a long and difficult process. Before applying for a K3 Visa contact Gerald Cipolla & Associates for a Consultation.  If you are not yet married, contact Cipolla Law Group for a consultation to discuss your immigration plans.

International Adoption Green Card

There are three types of international adoptions:

• US Citizen intends to adopt a foreign born orphan;
• US Citizen intends to adopt a foreign born child currently located in a foreign country;
• US Citizen intends to adopt a foreign born child currently located in the United States.

Orphan Defined
The US defines orphan as follows:

“A foreign-born child is an orphan if he or she does not have any parents because of the death or disappearance of, abandonment or desertion by, or separation or loss from, both parents. A foreign-born child is also an orphan if his or her sole or surviving parent is incapable of providing care of the child and has, in writing, irrevocably released the child for emigration and adoption. For such a child to gain immigration benefits, an orphan petition must be filed before his or her 16th birthday. An orphan petition may be filed before the child's 18th birthday, if the child is a natural sibling of an orphan or adopted child, and is adopted with or after that child, by the same adoptive parents.”

Green Card Requirements For Parents Adopting An Orphan Overseas

Requirements for US Citizen Parents Adopting an overseas Orphan A married U.S. citizen and spouse (no special age) or an unmarried U.S. citizen at least 25 years of age may file an orphan petition. The spouse does not need to be a U.S. citizen; however, the spouse must be here legally if living in the United States. To make the adoption process faster, you may apply for advanced processing before you actually find an orphan to adopt.  Please note that the orphaned child must be living overseas before applying for a green card for the child. 

Requirements Of Orphan Located Overseas    

• Foreign born child must be under the age of 21;
• Adopted children who are not orphaned must live in the petitioning parent(s) legal custody for two years before applying for a green card.

Requirements For Adopting Child Overseas Not Orphaned

The process of adopting foreign born child from overseas that are not orphaned is a rare and difficult process due to the second requirement.  To accomplish this requirement, the parent must usually live overseas in the foreign born child’s country.

Requirements For Adopting a Foreign Born Child Living in the United States:

• The child was adopted before his or her 16th birthday;
• Adopted children who are not orphaned must live in the petitioning parent(s) legal custody for two years before applying for a green card ; and
• The adopted child resided with the petitioning parent for at least two years.

Adopted Children & Citizenship

Most foreign-born adopted children adopted by U.S. citizens will automatically acquire U.S. citizenship on the date they immigrate to the United States.  The following are the requirements to establish citizenship of the adopted foreign born child:

• At least one of adoptive parent(s) is a U.S. citizen;
• The child is under 18 years of age;
• A full and final adoption of the child is completed;
• The child is in the United States as a permanent resident.

International Adoptions and immigration law are extremely complicated and detailed and require the attention of a skilled attorney. 

Family Based Green Card Overview

United States Citizens and Permanent Residents (Green Card Holders) are permitted to sponsor their family members.  US Citizens are able to sponsor their immediate relatives and the advantage is there are no wait times once a green card application is approved.  US Citizens are also able to sponsor relatives in addition to immediate relatives, however,there are wait times associated with each wait time discussed in detail below.  Green Card holders may sponsor their spouses and children,however, there is a long wait time for a green card to be made available once an application is approved. 

US Citizen Sponsors & Their Immediate Relatives

As mentioned above, US Citizens may sponsor their immediate relatives whereby there are no limits in the amount of available visas.  The disadvantage of immediate relative sponsorship is the beneficiary is not permitted to bring their accompanying relatives (i.e. spouse or unmarried children under the age of 21). 

Immediate Relatives are defined as:

• Spouse;
• An unmarried child under the age of 21;
• A parent, if the US Citizen Petitioner is 21 years of age or older.

US Citizen Sponsors/Lawful Permanent Residents & Their Preference Relatives

US Citizens are able to sponsor certain relatives that are not defined as immediate relatives.  Lawful Permanent Residents are able to sponsor their immediate relatives.  There are four preference groups defined by the relationship to the sponsoring US Citizen or Lawful Permanent Resident.  Unfortunately, there are not enough green cards as approved lawful permanent resident applications.  Consequently, there is a long wait time to receive a green card once the applicant’s green card application is approved.  Each wait time is based upon the respective preference group the applicant is in. 

4 Preference Groups - Overview

The preference groups along with the amount of available visas for each preference group are as follows: 

First preference:

Unmarried, adult sons and daughters of U.S. citizens. Adult means 21 years of age or older; (23,400)

Second Preference:

Spouses of lawful permanent residents, their unmarried children (under twenty-one), and the unmarried sons and daughters of lawful permanent residents; (114,200) At least seventy-seven percent of all visas available for this category will go to the spouses and children; the remainder will be allocated to unmarried sons and daughters

Third Preference:

Married sons and daughters of U.S. Citizens; (23,400);

Fourth Preference:

Brothers and sisters of adult U.S. Citizens. (65,000);

Preference Relatives & Accompanying Relatives:

It is important to note that preference relatives are permitted to bring their accompanying relatives once their Green Card application is approved and there is an available visa.  Accompanying relatives are defined as: a spouse or unmarried children below the age of 21.    

Family based green cards are extremely complicated and detailed and require the attention of a skilled attorney.  Contact Cipolla Law Group for a consultation

Family Based Green Cards

• Family Based Green Cards - Immediate Relatives & Priority Relatives
• Marriage Based Green Cards
• International Adoption Based Green Cards

Fiance & Spouse Visas

• K1 (Fiance Visas)
• K3 (Overseas Spouse Visas)
  

Employment Visas (EB1, EB2, EB3, EB4, EB5)

Employment Based Visas lead to Lawful Permanent Residence or a green card.  There are 140,000 employment based green cards for  applicants who can prove that either they are the best in their field orwhose labor or works skills are needed to fill the gaps and needs of the United States workforce.  There are five preference categories of Employment Based Visas. 

First Preference: EB1 Visa (Priority Workers)

There are approximately 40,000 EB1 Visas made available each    year. Applicants for EB1 Visas do not require the process of labor certification (Perm), however a strong showing that the applicant is one of the following is required:

• Worker of extraordinary ability in the arts, business, science,education, or athletics;
• Outstanding University Professor or Researcher; or
• Transferring Executive or Manager of a multinational company.

Second Preference: EB2 Visa (Professionals With Advanced University Degrees or Persons of Exceptional Ability in the Sciences, Arts, or Business)

Applicants for EB2 Visas must file a Labor Certification (PERM) or unless they can satisfy the requirements for a National Interest Waiver.  There are approximately 40,000 EB2 Visas made available each year.In obtaining a EB2 Visa, a strong showing must be made in proving that the applicant is one of the following:

• Advanced Degree Professional
• Person of Exceptional Ability in the sciences, arts, or business that will prospectively benefit the national interest to a substantially greater degree than a similarly qualified, available United States worker would. 

Third Preference: EB3 Visa (Professionals, Skilled, and Other Workers)

Applicants for EB3 Visas must file a labor certification (PERM). There are approximately 40,000 visas made available each year for Professionals and Skilled Workers.  Qualified Applicants for a EB3 Visa are:

• Professionals with a bachelor’s degree;
• Skilled Workers having at least two years of training and experience in a field;
• Other Workers having less than two years of training and experience in a field.  There are only about 10,000 Visas each year set aside for Other Workers. 

Fourth Preference: EB4 Visa (Special Immigrants)

There are approximately 10,000 Visas each year set aside for Special Immigrants. Qualified Applicants for the EB4 must go through the labor certification (PERM) process and include the following:

• Certain Physicians who have resided in the United States for a number of Years;
• Religious workers to act as a minister of religion, or to work in a professional capacity in a religious vocation, or to work for a tax-exempt organization affiliated with a religious denomination;
• Certain overseas employees of the U.S. Government;
• Retired employees of international organizations;
• Certain dependents of international organization employees; 
• Certain members of the U.S. Armed Forces.

Fifth Preference: EB5 Visa (Investors)

There are approximately 10,000 Visas each set aside for Investors qualified for a EB5 Visa.  Qualified Applicants must go through the Labor Certification (PERM) process and include the following:

• Investors that invests a minimum of $1 million in creating or expanding a United States business that fully employs a minimum of 10 persons; or
• Investors that invests a minimum of $500,000 in creating or expanding a United States business located in a rural area or urban area with an unemployment rate to certified to be at least 150% of the national average.  The business must fully employ a minimum of 10 persons.

Employment Based Visas are require a significant amount of planning and can require a significant amount of time.  Having a skilled attorney put forward your best case and minimize the pitfalls is necessary.  Gerald Cipolla and Associates will examine your circumstances and situation in detail so that you can obtain your approval and begin working without any unnecessary delays.  Contact Gerald Cipolla & Associates for a consultation today.

Employment Visas (EB1, EB2, EB3, EB4, EB5)

Employment Based Visas lead to Lawful Permanent Residence or a green card.  There are 140,000 employment based green cards for  applicants who can prove that either they are the best in their field orwhose labor or works skills are needed to fill the gaps and needs of the United States workforce.  There are five preference categories of Employment Based Visas. 

First Preference: EB1 Visa (Priority Workers)

There are approximately 40,000 EB1 Visas made available each    year. Applicants for EB1 Visas do not require the process of labor certification (Perm), however a strong showing that the applicant is one of the following is required:

• Worker of extraordinary ability in the arts, business, science,education, or athletics;
• Outstanding University Professor or Researcher; or
• Transferring Executive or Manager of a multinational company.

Second Preference: EB2 Visa (Professionals With Advanced University Degrees or Persons of Exceptional Ability in the Sciences, Arts, or Business)

Applicants for EB2 Visas must file a Labor Certification (PERM) or unless they can satisfy the requirements for a National Interest Waiver.  There are approximately 40,000 EB2 Visas made available each year.In obtaining a EB2 Visa, a strong showing must be made in proving that the applicant is one of the following:

• Advanced Degree Professional
• Person of Exceptional Ability in the sciences, arts, or business that will prospectively benefit the national interest to a substantially greater degree than a similarly qualified, available United States worker would. 

Third Preference: EB3 Visa (Professionals, Skilled, and Other Workers)

Applicants for EB3 Visas must file a labor certification (PERM). There are approximately 40,000 visas made available each year for Professionals and Skilled Workers.  Qualified Applicants for a EB3 Visa are:

• Professionals with a bachelor’s degree;
• Skilled Workers having at least two years of training and experience in a field;
• Other Workers having less than two years of training and experience in a field.  There are only about 10,000 Visas each year set aside for Other Workers. 

Fourth Preference: EB4 Visa (Special Immigrants)

There are approximately 10,000 Visas each year set aside for Special Immigrants. Qualified Applicants for the EB4 must go through the labor certification (PERM) process and include the following:

• Certain Physicians who have resided in the United States for a number of Years;
• Religious workers to act as a minister of religion, or to work in a professional capacity in a religious vocation, or to work for a tax-exempt organization affiliated with a religious denomination;
• Certain overseas employees of the U.S. Government;
• Retired employees of international organizations;
• Certain dependents of international organization employees; 
• Certain members of the U.S. Armed Forces.

Fifth Preference: EB5 Visa (Investors)

There are approximately 10,000 Visas each set aside for Investors qualified for a EB5 Visa.  Qualified Applicants must go through the Labor Certification (PERM) process and include the following:

• Investors that invests a minimum of $1 million in creating or expanding a United States business that fully employs a minimum of 10 persons; or
• Investors that invests a minimum of $500,000 in creating or expanding a United States business located in a rural area or urban area with an unemployment rate to certified to be at least 150% of the national average.  The business must fully employ a minimum of 10 persons.

Employment Based Visas are require a significant amount of planning and can require a significant amount of time.  Having a skilled attorney put forward your best case and minimize the pitfalls is necessary.  Gerald Cipolla and Associates will examine your circumstances and situation in detail so that you can obtain your approval and begin working without any unnecessary delays.  Contact Gerald Cipolla & Associates for a consultation today.

E3 Visa For Australian Citizens

The E3 visa is similar to the H1B Visa, however, exclusively for Australian Citizens.  There are 10,000 available E3 visas available to qualified applicants.  Qualified E3 Visa Applicants are exempt from the H1B Visa annual cap of 65,000 available visas.  The following persons are qualified for E3 Visas.

Persons Qualified For E3 Visas

• Australian Nationals traveling to the United States to perform services related to a “specialty occupation” for a finite or temporary period of time.  Specialty occupations require a Bachelor’s degree or its equivalent;
• Australian business people such as Executives, Managers, and key specialty employees temporarily operating in the United States;
• Australian Nationals entering the United States to carry out substantial trade;
• Family Members of E3 Visa Holders.

Contact Cipolla Law Group to determine if you are qualified for a E3 Visa and to assist you in getting your application approved.

E2 Visa (Treaty Investor)

E2 Visas are known as the next best thing to Lawful Permanent Residency.  If you are a business person from one of the Treaty Countries, and you plan to develop and direct the operations of an enterprise in which you have invested, or, of an enterprise in which you are actively in the process of investing a substantial amount of capital as required by the Immigration and Nationality Act, principally between the United States and the foreign state of which you are a national, then the E2 Visa may be the appropriate visa for you.

Eligible Persons For E2 (Treaty Investor) Visas

The following persons are individuals are eligible for a E2 Visa

• Entrepreneurs/Nationals investing substantially in a United States enterprise;
• Nationals that are Owners, Executives, Managers, Supervisors, or Essential Employees entering the United States to develop and direct investments from the respective Treaty Trader Country;
• Immediate Relatives of E2 Visa Holders.

Obtaining an E2 Visas require great skill in navigating through the detailed rules and regulations  surrounding E2 Visas.  Cipolla Law Group can help you put your best case forward in obtaining an E2 Visa. 

E1 Visa (Treaty Trader)

E1 Visas are known as the next best thing to Lawful Permanent Residency. If you are a business person from one of the Treaty Countries and you plan to carry on substantial trade as defined by the Immigration and Nationality Act, including trade in services or trade in technology, principally between the United States and the foreign state of which he is a national, then the E1 Visa may be the appropriate visa for you. 

Eligible Persons For E1 Visa

The following persons are individuals are eligible for a E1 Visa:

• A Supervisor, Manager, Key Employee, or Specialist operating in the United States;
• Nationals of Treaty Countries Entering the US to carry out Substantial Trade;
• Immediate Relatives of E1 Visa Holders.

Cipolla Law Group can help you put your best case forward in obtaining an E1 Visa.  Contact Cipolla Law Group for a consultation

Detention

The local Immigration District Office determines whether to detain an Alien.  The process usually begins with the issuance of an arrest warrant for the Alien and subsequently an arrest.  Its important to note that the law allows ICE to arrest and detain Aliens for up to 48 hours even without the issuance of an arrest warrant.  Within 48 hours, ICE must determine whether to release the Alien being detained on bond or continue to detain the Alien and issue a Notice to Appear. 

Criteria To Be Released From Detention

To be eligible for release, the Foreign National must prove that the release will not pose a danger to persons or property, and will likely appear for future proceedings.  Other factors include:    

• Local family ties;
• History of prior arrests, convictions, and/or appearances at previous hearings;
• Membership in community groups;
• Manner of entry or length of stay in the United States;
• Financial ability to post bond.

Subsequent to being detained, Removal Proceedings will usually occur.If you have been detained and are going through removal proceedings or a friend or loved one is being detained contact Cipolla Law Group for immediate assistance.

Removal Proceedings and Inadmissability

Removal Proceedings are court hearings decided by an Immigration Judge in whether an alien will be allowed to enter or remain in United States brought by the United States Immigration and Customs Enforcement (ICE).  Deportation (Removal Proceedings) are similar to regular court trials where they are usually held subsequent to an investigation and in some instances, an arrest. The Immigration Judge will usually determine whether the Foreign National should be removed based on “inadmissibility” or on a ground of “deportability.”  The distinction generally turns on whether the Foreign National has been admitted into the United States.  If the Alien has been admitted, then charges of deportation under Section 237 of the Immigration and Nationality Act (INA) will be brought against the Foreign National.  On the other hand, an Alien that was not admitted will be charged with a ground of inadmissibility under Section 212 of the INA. 

The outcome of deportation proceedings conclude with an order of termination leading to relief from removal (if successful) or deportation (removal). It is possible to appeal an order of removal.

In some removal proceedings, various forms of relief and waivers are available to foreign nationals.  To determine if you are eligible for a waiver or to put forward your best defense in response to removal proceedings, Contact Gerald Cipolla & Associates for a consultation.

• Removal Proceedings (Deportation & Inadmissability)
• Detention Proceedings

Re-entry Permit

Lawful permanent residents or conditional permanent residents thatintend to remain outside the United States for more than one year, but less than two years, may apply for a re-entry permit.  A re-entry permit will allow the Green Card holder to re-enter the United States while being outside of the United States for a period in excess of one year, but less than two years. 

If you are a lawful permanent resident and intend on leaving the United States in excess of one year, contact Cipolla Law Group for a consultation.

Diversity Lottery - Overview

The United States State Department makes available a total of 50,000 green cards each year to aliens that come from countries with low immigration rates to the United States.  The Lottery is held each year whereby the National Visa Center chooses winner randomly from all qualified applicants.  Each alien that wins will be permitted to apply for permanent residence through consular processing or through adjustment of status.  If permanent residence is granted, then the individual will be authorized to live and work permanently in the United States. You will also be allowed to bring your spouse and any unmarried children under the age of 21 to the United States.  Registration for the lottery usually begins in October and ends in December of each year.    

Requirements For Diversity Lottery

To qualify for the Diversity Lottery, the following requirements must be established:

• The alien must be a native of a country with low rates of immigration to the United States; and
•    Have at least a high school education or its equivalent; or
•    Within five years prior to the date of the application for the visa, the alien must have two years of work  experience in an occupation requiring at least two years of training or experience. 

Contact Cipolla Law Group for a consultation to determine if you qualify for the Diversity Lottery and for assistance in entering the Diversity Lottery. 

Political Asylum 

Political Asylum is granted by the United States to those applicants in need of protection because they have been persecuted or fear they will be persecuted on account of their race, religion, nationality, membership in a particular social group, or political opinion. Those found eligible for asylum are permitted to remain in the United States.

The U.S. Asylum Program provides protection to qualified refugees who are already in the United States or are seeking entry into the United States at a port of entry. Asylum-seekers may apply for asylum in the United States regardless of their countries of origin. There are no quotas on the number of individuals who may be granted asylum each year (with the exception of individuals whose claims are based solely on persecution for resistance to coercive population control measures).

Asylum applicants may apply for asylum even if the applicant entered into the United States illegally. Asylum applicants must apply for asylum within one year of their arrival into the United States.  However, there are some exceptions to the one year rule.  After the asylum petition has been pending for 180 days, the asylum applicant may apply for a work
permit. 

If you think you may qualify for political asylum or fear persecution within your home country, contact Cipolla Law Group for a consultation.

US Citizenship

Political Asylum

Miscellaneous

• Diversity Green Card (Lottery)
• Change of Status
• 601 Hardship Waiver
• Re-entry Permit

Citizenship & Naturalization

Becoming a Citizen of the United States carries with it many benefits such as the right to vote, entitlement to more public benefits, ability to bring relatives from other countries quicker, not deportable, can come leave the US whenever you would like for as long as you would like.

There are two ways a person may acquire citizenship:

• By birth within the United States or a US Territory, or to U.S. Citizen Parents; or
• Through Naturalization.

Additionally, children under age of 18 adopted by a U.S. Citizen and immigrates to the United States acquires citizenship immediately.

Requirements For Obtaining Citizenship Through Naturalization

According to the Immigration and Nationality Act (INA) and the USCIS, the general requirements for administrative naturalization include:

• A period of continuous residence and physical presence in the United States before and after filing the Naturalization Application;
• Residence in a particular USCIS District prior to filing;
• An ability to read, write, and speak English;
• A knowledge and understanding of U.S. history and government;
• Good moral character;
• Attachment to the principles of the U.S. Constitution; and,
• Favorable disposition toward the United States.

The process of naturalizing is a complex process.  To discuss whether you qualify to apply for Naturalization or to determine the best strategy to make you eligible to become a US Citizen contact Cipolla Law Group for a consultation

B2 Visa (Tourist Visa) - Overview

The Immigration and Nationality Act provides B2 Visas (Tourist Visa) Visas to: “an alien (other than one coming for the purpose of study or of performing skilled or unskilled labor or as a representative of foreign press, radio, film, or other foreign information media coming to engage in such vocation) having a residence in a foreign country which he has no intention of abandoning and who is visiting the United States temporarily for business or temporarily for pleasure.”

At Gerald Cipolla & Associates we can help the following obtain a B2 Tourist Visa:

• Persons traveling to the United States for tourism and/or pleasure purposes or to visit friends and/or relatives;
• Persons traveling to the United States for medical and health purposes;
• Persons traveling to the United States to attend conferences and conventions and similar gatherings;
• Persons traveling to the United States as prospective students;
• Persons traveling to the United States to engage in brief studies;
• Parents of visiting their minor child studying in the United States;
• Immediate relatives such as spouses and children of United States Citizens and Lawful Permanent Residents for a temporary period of time; 
• Amateur Athletes and Entertainers scheduled to compete or perform and receiving no compensation.

For assistance in obtaining your B2 Visa, contact Cipolla Law Group

B1 Visa (Business Visa) - An Overview

The Immigration and Nationality Act provides B1 Visas (Business Visa) to: “an alien (other than one coming for the purpose of study or of performing skilled or unskilled labor or as a representative of foreign press, radio, film, or other foreign information media coming to engage in such vocation) having a residence in a foreign country which he has no intention of abandoning and who is visiting the United States temporarily
for business or temporarily for pleasure.”

At Cipolla Law Group we can help the following obtain a B1 Business Visa:

• Business Professional expected to participate in  business transaction  (not involving employment in the US)
• Persons attending Professional, Educational, Business, Scientific, or Religious conventions, seminars, and/or workshops;
• Persons to perform due diligence for a potential business investment or activity or to set up a subsidiary of a foreign corporation;
• Persons wanting to work on a business or work project in the United States and paid by its foreign employer;
• Persons rendering professional services that would be services expected under an H-1B Visa, however, are paid from a source outside of the United States;
• Persons undertaking a training program that would qualify them for a H-3 Visa, however are paid from a source outside of the United States;
• Canadians and Mexicans having special situations including Mexican and Canadian Truck Drivers having to transport commodities across the Canadian Border;
• Business Professionals to provide consultation services to associates in the United States;
• Athletes competing in a tournament for money;
• Individuals to be a guest lecturer at a United States University;
• Persons visiting the United States to for litigation related activities;
• Business persons attending meetings as a member of a Boards of Directors;
• Businesses persons or agents of a foreign corporation employer to procure goods, services, components, and/or raw materials for use outside of the United States;
• Athletes competing in a tournament for money.

For assistance in obtaining your B1 Visa, contact Cipolla Law Group

Employment Visas (EB1, EB2, EB3, EB4, EB5)

Employment Based Visas lead to Lawful Permanent Residence or a green card.There are 140,000 employment based green cards for applicants who can prove that either they are the best in their field or whose labor or works skills are needed to fill the gaps and needs of the United States workforce.  There are five preference categories of Employment Based Visas. 

First Preference: EB1 Visa (Priority Workers)

There are approximately 40,000 EB1 Visas made available each year. Applicants for EB1 Visas do not require the process of labor certification (Perm), however a strong showing that the applicant is one of the following is required:

• Worker of extraordinary ability in the arts, business, science, education, or athletics;
• Outstanding University Professor or Researcher; or
• Transferring Executive or Manager of a multinational company.

Second Preference: EB2 Visa (Professionals With Advanced University Degrees or Persons of Exceptional Ability in the Sciences, Arts, or Business)

Applicants for EB2 Visas must file a Labor Certification (PERM) or unless they can satisfy the requirements for a National Interest Waiver.  There are approximately 40,000 EB2 Visas made available each year.  In obtaining a EB2 Visa, a strong showing must be made in proving that the applicant is one of the following:

• Advanced Degree Professional
• Person of Exceptional Ability in the sciences, arts, or business that will prospectively benefit the national interest to a substantially greater degree than a similarly qualified, available United States worker would. 

Third Preference: EB3 Visa (Professionals, Skilled, and Other Workers)

Applicants for EB3 Visas must file a labor certification (PERM). There are approximately 40,000 visas made available each year for Professionals and Skilled Workers.  Qualified Applicants for a EB3 Visa are:

• Professionals with a bachelor’s degree;
• Skilled Workers having at least two years of training and experience in a field;
• Other Workers having less than two years of training and experience in a field.  There are only about 10,000 Visas each year set aside for Other Workers. 

Fourth Preference: EB4 Visa (Special Immigrants)

There are approximately 10,000 Visas each year set aside for Special Immigrants. Qualified Applicants for the EB4 must go through the labor certification (PERM) process and include the following:

• Certain Physicians who have resided in the United States for a number of Years;
• Religious workers to act as a minister of religion, or to work in a professional capacity in a religious vocation, or to work for a tax-exempt organization affiliated with a religious denomination;
• Certain overseas employees of the U.S. Government;
• Retired employees of international organizations;
• Certain dependents of international organization employees; 
• Certain members of the U.S. Armed Forces.

Fifth Preference: EB5 Visa (Investors)

There are approximately 10,000 Visas each set aside for Investors qualified for a EB5 Visa.  Qualified Applicants must go through the Labor Certification (PERM) process and include the following:

• Investors that invests a minimum of $1 million in creating or expanding a United States business that fully employs a minimum of 10 persons; or
• Investors that invests a minimum of $500,000 in creating or expanding a United States business located in a rural area or urban area with an unemployment rate to certified to be at least 150% of the national average.  The business must fully employ a minimum of 10 persons.

Employment Based Visas are require a significant amount of planning and can require a significant amount of time.  Having a skilled attorney put forward your best case and minimize the pitfalls is necessary. Gerald Cipolla and Associates will examine your circumstances and situation in detail so that you can obtain your approval and begin working without any unnecessary delays.  Contact Gerald Cipolla & Associates for a consultation today.

601 Hardship Waiver

The 601 Hardship Waivers of Inadmissibility is a waiver for persons deemed inadmissible under immigration law.  If successful in applying for a 601 Hardship Waiver, the Applicant will be able to proceed with a Visa or Green Card Application in which they are eligible for.

In establishing a Hardship Waiver, it must be established that the qualifying relative will suffer “extreme hardship” if the alien is not admitted.  The grounds of inadmissibility can include prior unlawful presence under (INA 212(a)(9)(B)(v)) or misrepresentation under (INA 212(i)). 

Who Qualifies for a 601 Hardship Waiver?

A qualifying relative is a Citizen or Lawful Permanent Resident (Green Card Holder) Spouse or Parent of the Foreign National Applicant.  A US citizen fiancé may also be a qualifying relative.   

What must be shown to be eligible for a 601 Hardship Waiver?

Waivers to these exclusions require it to be established that “the refusal of admission to such immigrant alien would result in extreme hardship to the citizen or lawfully resident spouse or parent of such alien”  Waiver for past criminal history under (INA 212(h)) requires it be established “that the alien's denial of admission would result in extreme hardship to the United States citizen or lawfully resident spouse, parent, son, or daughter of such alien.”

If you may be qualified for a Visa or Green Card and are inadmissible due to a Crime, misrepresentation, or unlawful presence, contact Cipolla Law Group for a consultation

Marriage Green Card

Marriage for love to a US Citizen can lead to obtaining a green card.The rules surrounding marriage and green cards are detailed and complex, and largely depend upon the location of where the marriage took place

Marriage Within the United States

A Green Card may be obtained  if a foreign resident and a United States citizen married in the United States.  Under these circumstances, an applicant may be eligible to apply to Adjustment of Status to a lawful permanent resident (green card).  During the application for a green card, the applicant can also apply for a work permit along with a permit to leave and re-enter the United States (Advanced Parole).

Marriage Outside of the United States

If the marriage between the foreign resident and the United States Citizen took place outside of the United States, the applicant will need to apply for a K3 Visa (K4 Visa for Applicant’s children unmarried and under the age of 21) to await processing of the Green Card Application within the United States.  Additionally, the applicant can also apply for a work permit along with a permit to leave and re-enter the United States (Advanced Parole).

Requirements For Marriage Green Card:

Change of Status

Generally, change of status is available for anyone who lawfully entered the US with a non-immigrant visa i.e. a F1 Student visa or Tourist visa, to another non-immigrant visa i.e. an H1B specialty worker visa.  In order to change status, it is generally required that applicant's nonimmigrant status remains valid and has not committed any crimes that would make him/her ineligible.

However, not all nonimmigrant status are eligible to change status, and may require one to phyically leave the U.S. before being allowed to enter again on the same or different status.  If you wish to know more on whether you are eligible to apply for change of status, please contact Cipolla Law Group for an Free Initial Consultation and Quote. 

If you wish to find out how long it will take for the U.S. Citizenship and Immigration Services (USCIS) to process for a particular type of case, you may make use of the link below to find out their processing time.  Please note that processing time can be varied between different Service Centers, so make sure you know which office and the type of petiton you will be filing. 

 USCIS Processing Time

Treaty Trader & Investor Visas

E1 Visa for Treaty Traders

E2 Visa for Treaty Investors

Extention of stay is an application made by a non-immigrant visa holder to the U.S. Citizenship and Services Center (USCIS) when he/she wishes to stay in the US beyond the validity of his/her current non-immigrant visa. 

Generally, all non-immigrant visas are eligible for extension of stay except for certain types of non-immigrant visas i.e. K1, K2 visa etc...  To be eligible for extension, the non-immigrant visa must be valid at the time of filing and the applicant's passport must be valid throughout the whole application process.  However, in the event that your non-immigrant visa has already been expired, you may still file for an extention if you have sufficient proof to support your application.  Please contact Cipolla Law Group if you wish to file for an extension of your non-immigrant visa.

Student, Exchange Student, Scholars, Vocational Studies

F Visas (Students)

J Visas (Exchange Students & Scholars)

M Visas (Vocational Studies)

Treaty Trader & Investor Visas

E1 Visa for Treaty Traders

E2 Visa for Treaty Investors

• Employment Visas (EB1, EB2, EB3, EB4, EB5)

Employment Based Visas lead to Lawful Permanent Residence or a green card.  There are 140,000 employment based green cards for applicants who can prove that either they are the best in their field or whose labor or works skills are needed to fill the gaps and needs of the United States workforce.  There are five preference categories of Employment Based Visas.

First Preference: EB1 Visa (Priority Workers)

There are approximately 40,000 EB1 Visas made available each year.Applicants for EB1 Visas do not require the process of labor certification (Perm), however a strong showing that the applicant is one of the following is required:

Employment Visas (EB1, EB2, EB3, EB4, EB5)

Employment Based Visas lead to Lawful Permanent Residence or a green card.  There are 140,000 employment based green cards for applicants who can prove that either they are the best in their field or whose labor or works skills are needed to fill the gaps and needs of the United States workforce.  There are five preference categories of Employment Based Visas.  

First Preference: EB1 Visa (Priority Workers)

There are approximately 40,000 EB1 Visas made available each    year. Applicants for EB1 Visas do not require the process of labor certification (Perm), however a strong showing that the applicant is one of the following is required:

PERM (Labor Certification) Process For Employment Based Green Cards Applications

PERM is the new procedure for Labor Certification, and stands for Program Electronic Review Management process.  The PERM process requires the Applicant’s sponsoring employer to conduct a series of recruitment activities to determine if there is another applicant in the US for the same position.  If there is not a qualified and willing applicant (US citizen or Permanent Resident) available for the position during the recruitment process, the employer is permitted to submit the PERM Labor Certification.

The main requirement in PERM is that the petitioning employer is required to have all supporting documents ready prior to filing and should submit them to the Department of Labor within 30 days in the event the case is chosen for audit by the Department of Labor.  PERM Labor Certifications are processed and adjudicated by the US Department of Labor within approximately 45 to 60 days.

PERM Labor Certifications are extremely detailed and require a skilled attorney.  If you intend on filing an employment based green card application, contact Cipolla Law Group for a consultation.

Q Visa - Cultural Exchange Program

A Q visa is an Nonimmigrant visa for a participant in an International Cultural Exchange Program designated by the Attorney General for the purpose of providing practical training, employment and the sharing of the history, culture and traditions of the country of the participant's nationality. 

Q Visa - Conditions

1. Cannot exceed 15 months

2. Beneficiary must have foreign residence

3. Beneficiary must be employed under the same wages and working conditions as U.S. workers.

4. Limitation: One year foreign residence requirement which means if beneficiary has spent 15 months in US under a visa, he/she must physically leave the US for a year before he/she is allowed to return to the US with same visa. 

R2 Visa Applicants (Accompanying Relatives of R1 Visa Holders)

Spouses and Minor Children under the age of 21 of R1 Visa Holders are eligible for R2 Visas. 

The rules, restrictions, and requirements surrounding R Visas are extremely complicated and require a skilled attorney to lay out a clear strategy in light of the law and your particular circumstances as well as properly and efficiently file the application.  Contact Cipolla Law Group for a consultation.

Outstanding Athletes, Athletic Teams, and Entertainment Companies: (P1 Visa, P2 Visa, and P3 Visa)

Gerald Cipolla & Associates can represent and assist the following in obtaining a P Visa:

Arts, Athletics, Entertainment, Sciences, Business, and Education Temporary Visa: (O1 Visa, O2 Visa, and O3 Visa)

O visas are short-term work visas available for persons doing specialized work in the arts, athletics, sciences, business, entertainment, and education. The Immigration and Nationality Act requires that the O1 Visa applicant have an “extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim or, with regard to motion picture and television productions a demonstrated record of extraordinary achievement, and whose achievements have been recognized in the field through extensive documentation, and seeks to enter the United States to continue work in the area of extraordinary ability.”

Duration & Limits of O Visas

There are no limits to the amount of available O Visas. Each O visa is valid for the length of time necessary for a particular event, tour, or season, up to a maximum of three years. O visas may be extended for one year periods in unlimited increments.

Applicants of extraordinary ability in science, education,business, or athletics eligible for O visas must satisfy at least three of the following requirements

Received a Nationally recognized prize or award for excellence;

Employment Based Visas

Employment Based Visas lead to Lawful Permanent Residence or a green card.  There are 140,000 employment based green cards for applicants who can prove that either they are the best in their field or whose labor or works skills are needed to fill the gaps and needs of the United States workforce.  There are five preference categories of Employment Based Visas. 

There are numerous types of specialty occupations.  Below is just a sample list as the options are numerous:
 

Accountants
Architects
Biologists
Business Managers
Chemists
Chiropractors
ComputerScientists
Computer Systems Analysts
Dietitians
Engineers
Executives
Hotel Managers
Lawyers
Medical Techonologists
Music Directors
Pharmacists

Exchange Visitor Visa: (J1 Visa, J2 Visa) - Overview

The J1 Visa is for persons wanting to come to the United States for educational, scholarly, and cultural exchange programs.  There are no limits in the amount of J1 Visas granted each year.  Each J1 Visa is valid for the duration of its Exchange Program.  J1 Visa Holders may work legally in the United States if the work is a part of their approved program, or

Examples of J1 Visa Applicants

Intracompany Transferees: (L1 Visa, L1 Blanket Visa, L2 Visa)

An L1 Visa is available for managers, executives, or especially knowledgeable employees from an overseas company to work at an affiliated company located in the United States.  There are no limits in the amount of L1 Visas available each year.  The L1 visa is initially valid for three years and can be extended to a total stay of five years. There is no prevailing wage requirement for the L1 visa.

L1 Visa & Blanket Status For Large Companies

Large Companies may obtain L1 Blanket Status.  L1 Blanket status allows large US companies that require frequent transferring of non-US employees to do so with one blanket L1 Petition.  Individuals will still need a petition, but Blanket Status will still eliminate much of the paperwork.  To find more out about L1 applications or L1 Blanket Applications, contact Gerald Cipolla & Associates for a consultation.  

Qualifications For L1 Visa (Intracompany Transferees)

L1 Visas are available to the following;

F1 & F2 Visas (Students and Accompanying Relatives)

The United States permits persons having a residence in a foreign country to pursue a degree, certificate, or conduct vocational studies in the United States.  There are no limits in the amount of Student Visas granted each year.

Student Visa Requirements

Specifically, the United States requires applicants for a F1 Visa:

Each year the Department of Homeland Security establishes a maximum number of family based green cards.  The DHS distinguishes between “Immediate Relatives” and “Preference Relatives”.  Immediate relatives are not subject to a numerical limit, whereas preference relatives which has created no wait time for Immediate Relatives and in many cases a long wait time for preference relatives.  Consequently, it is advantageous to be categorized as an Immediate Relative to a sponsoring US Citizen.  

Immediate Relatives
Immediate Relatives are defined as:

•    Children of US Citizens under 21 years of age that are unmarried;
•    Parents of US Citizen Children over 21 years of age;
•    Spouses of US Citizens.

Preference Relatives
Preference Relatives are defined according to 4 preference categories:

1. Unmarried sons and daughters 21 and over of US Citizens;
2. Spouses (Preference 2A) and unmarried children (Preference 2B) of lawful permanent residents;
3. Married Sons and Daughters of US Citizens;
4. Brothers and Sisters of US Citizens.
 

Fiance and Spouse Visa: (K1, K2 , K3, K4)

The K1 Visa is designed to allow fiancés of United States Citizens to enter the United States for a ninety day period.  Once the K1 Visa is obtained, the Visa Holder has six months to enter the United States before expiration of the Visa.  Upon entering the United States on the K1 Visa, if the K1 Visa Holder within ninety days and the US Citizen Sponsor marry, then the K1 Visa Holder can apply for its Green Card and obtain a work visa. 

K1 Visa Requirements

1.  United States Citizen Sponsor

2. Both the K1 Visa Applicant and the US Citizen Sponsor must be unmarried whereby all prior    marriages have been terminated through death, divorce, or annulment

3. The US Citizen Sponsor and the K1 Visa Applicant must have met in person within the last two years, unless meeting would create an extreme hardship

4. The K1 Visa Holder’s unmarried children under the age of 21 may apply for a K2 Visa

Obtaining K1 Visas and ultimately a Green Card requires appropriate counsel and application to avoid the numerous potential pitfalls created by the detailed rules and restrictions surround K Visas and Green Cards.  Make sure you consult with Cipolla Law Group before applying for you K Visa. 

Client-Friendly Fee Schedule

Cipolla Law Group strives to achieve the most cost-effective solutions to achieve your case with the least amount of financial risk. We aim to set our fees in a manner to show we are 100% on your side and we believe in your case.

Free Evaluation and Quote of our fees  

We provide a free initial evaluation of your case to determine the most efficient and best approach to your case and give you a quotation of our fees. Inquiries that take substantial amounts of research require us to charge a nominal research and consulting fee. The overwhelming majority of cases can be given a free evaluation and Quote. For the minority of cases that require substantial research we want to reduce your risk. Any nominal research fee paid to us is applied towards your attorney fee once you decide to retain us for your visa or green card application. Please contact us for a free evaluation and quote.

Temporary Visas

In some work visas such as an H1B visa (skilled worker visa) or L1 visa (intracompany transfer work visa), we offer an upfront fee and balance due on approval fee schedule. In K1 Visas (Fiance Visas), or K3 (Marriage Visas), we offer the same upfront client friendly fee schedule with the balance due on approval. We provide this client friendly fee schedule to let the client know that we only take cases we believe have a strong chance of approval so that you know we are on your side until the case is adjudicated.

Green Cards / Packages / Return Customers & Dependents

Many temporary or nonimmigrant visas eventually lead to green cards and ultimately citizenship applications. For instance, fiancé visa and marriage visa applications lead to marriage green card applications. We provide discounts when we are hired to represent our clients for such petitions.

Similarly for a work visa and work green card such as L-1 Visa (Intracompany Transfer Visa) or H1B Visa (Skilled Worker Visa) and employment based green card application (EB1 , EB2, EB3, EB4, EB5, PERM, or National Interest Waiver), we provide a package discount when retained to represent our clients for those services.

Additionally, when retained for multiple family member or employee green card applications, we provide discounted package rates making it more cost-effective for our client. We also provide discounted rates for return clients as well as for dependents to your visa, permanent resident, naturalization, or asylum application.

Contact us NOW for a Free Evaluation and Quote!

Cipolla Law Group is a full service Immigration Law Firm dedicated to achieving your goals in a competent, trusting and cost-effective manner. Since Immigration Law is federal, we can process cases for clients from all 50 States and around the world.  Wherever you are, we can help you with your immigration needs.  Cipolla Law Group routinely process non-immigrant visa petitions, Permanent Residence Applications (Greencards) and Citizenship Applications for clients within the United States and around the world.

Cipolla Law Group pledge to counsel and represent you every step of the way, providing superior service and accessibility as well as innovative solutions to help you through the ever changing immigration rules, regulations and procedures.  We pride ourselves in not just being your trusted immigration lawyers, but trusted lawyers representing the rights of immigrants in areas including and beyond immigration matters. 

Please contact us TODAY for a FREE Initial Evaluation and Quote for your case.


Attorney Biography

Gerald Cipolla, Attorney at Law
Member of Chicago Bar Association
Member of American Immigration Lawyers Association (AILA)

Gerald is the founder of Cipolla Law Group.  He has been practicing law since 2000.  He is admitted to practice law in Illinois and to practice Immigration Law in all 50 States.  Gerald’s area of focus is Immigration law, in particular Marriage and Fiance Visas and Permanent Residence (Green Card) Applications, such as EB Green Cards and other employment based visas i.e. H1B and L1.

Gerald's experiences and personal relationships while living overseas in Europe and Asia instilled him a great passion for Immigration Law.  Knowing what it’s like to be an Ex Pat in a foreign country has enabled him to have a better understanding of what his client is going through, especially in family immigration cases such as marriage and fiancé visas.  It was always his dream to represent clients in happy matters such as marriage and fiance visas because so many areas of law focus on conflict, whereas marriage and fiancé visas focus on the uniting of families.

Gerald’s diverse academic background as an Immigration Attorney combined with his MBA and Technology background in Computer and Biological Sciences enables him to better understand complex and sophisticated Employment Visa cases such as L1, H1B and EB Green Cards including National Interest Waivers, Extraordinary Ability Green Cards and Investor Visas.  Gerald enjoys working with sophisticated scientists, entrepreneurs, investors and other skilled persons in companies in their investor and work visas.

Gerald served as an Adjunct Law Professor in the City Colleges of Chicago, IL where he taught the law of Contract and Business Law.  He is also a member of the American Immigration Lawyers Association.  Gerald is a strong communicator who loves working with people, listening to people, exploring and striving to deliver the best legal solutions to their problems.

Legal Education
Juris Doctor (J.D), DePaul University
Master of Law (LLM) in Chinese and International Law, City University of Hong Kong (China)

Postgraduate Education
Master in Computer Science, University of Chicago
Master of Business Administration (MBA), DePaul University

Undergraduate Education
B.S. Biological Science, DePaul University

Professional Admission/Qualification
Admitted to practice law in Illinois 
Licensed to practice Federal Immigration Law in all 50 States

Professional Affiliation
Member of Chicago Bar Association
Member of American Immigration Lawyers Association

Supporting Staff

Katherine Sin, Paralegal
Katherine is a paralegal in Cipolla Law Group. She grew up in Hong Kong and went to a boarding school in Chistlehurst, England for most of her secondary school education. She received her LLB(Hons) Law degree from Cardiff University in Wales, United Kingdom and her LLM Master Degree in Law from the City University of Hong Kong.  She is also a certified Mediator from DePaul University. Having lived and studied in Asia, England, Wales and the United States, her international experiences gave her the passion to meet people from around the globe and assist them with their legal matters. Katherine speaks, reads and writes fluent English, Cantonese and Mandarin.  When Katherine is not working, she loves to travel, cook and play with her cats.

Legal Education
LLB(Hons) Bachelor of Law, Cardiff University (United Kingdom)
LLM Master of Law, City University of Hong Kong (China SAR)
Certified Mediator, DePaul University

Languages: Fluent English and Chinese