Tag Archive Petition

ByPhillip Kim

Fiancé(e) Visas by Immigration Attorney in Fresno

This page provides information for U.S. citizens wishing to bring a foreign national fiancé(e)

living abroad to the United States to marry.

If you plan to marry a foreign national outside the United States or your fiancé(e) is already

residing legally in the United States, you do not need to file for a fiancé(e) visa.

Eligibility Requirements

If you petition for a fiancé(e) visa, you must show that:

● You (the petitioner) are a U.S. citizen.
● You intend to marry within 90 days of your fiancé(e) entering the United States.
● You and your fiancé(e) are both free to marry and any previous marriages must have

been legally terminated by divorce, death, or annulment.
● You met each other, in person, at least once within 2 years of filing your petition. There

are two exceptions that require a waiver:
1. If the requirement to meet would violate strict and long-established customs of your or

your fiancé(e)’s foreign culture or social practice.
2. If you prove that the requirement to meet would result in extreme hardship to you.
Application Process

After the Fiancé(e) Visa is Issued

Once issued, the fiancé(e) visa (or K-1 nonimmigrant visa) allows your fiancé(e) to enter the

United States for 90 days so that your marriage ceremony can take place. Once you marry,

your spouse may apply for permanent residence and remain in the United States

Children of Fiancé(e)s

If your fiancé(e) has a child (under 21 and unmarried), a K-2 nonimmigrant visa may be

available to him or her. Be sure to include the names of your fiancé(e)’s children

Permission to Work

After admission, your fiancé(e) may immediately apply for permission to work Application

for Employment Authorization.

What happens if we do not marry within 90 days?

Fiancé(e) status automatically expires after 90 days. It cannot be extended. Your fiancé(e)

should leave the United States at the end of the 90 days if you do not marry. If your fiancé

(e) does not depart, he or she will be in violation of U.S. immigration law. This may result in

removal (deportation) and/or could affect future eligibility for U.S. immigration benefits.

We want to make plans for our wedding. How long will this process take?

To check the current processing times
For More Information, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

ByPhillip Kim

Employment-Based Immigration: Third Preference EB-3 by Immigration Attorney in Fresno

Employment-Based Immigration: Third Preference EB-3
You may be eligible for this immigrant visa preference category if you are a skilled worker, professional, or other worker.

● “Skilled workers” are persons whose job requires a minimum of 2 years training or work experience, not of a temporary or seasonal nature
● “Professionals” are persons whose job requires at least a U.S. baccalaureate degree or a foreign equivalent and are a member of the professions
● The “other workers” subcategory is for persons performing unskilled labor requiring less than 2 years training or experience, not of a temporary or seasonal nature.

■ Eligibility Criteria
◆ Sub-categories : Skilled Workers
Evidence : ⊙ You must be able to demonstrate at least 2 years of job experience or training ⊙ You must be performing work for which qualified workers are not available in the United States
Certification : Labor certification and a permanent, full-time job offer required.

◆ Sub-categories : Professionals
Evidence : ⊙ You must be able to demonstrate that you possess a U.S. baccalaureate degree or foreign degree equivalent, and that a baccalaureate degree is the normal requirement for entry into the occupation
⊙ You must be performing work for which qualified workers are not available in the United States
⊙ Education and experience may not be substituted for a baccalaureate degree
Certification : Labor certification and a permanent, full-time job offer required.

◆ Sub-categories : Unskilled Workers (Other Workers)
Evidence : You must be capable, at the time the petition is filed on your behalf, of performing unskilled labor (requiring less than 2 years training or experience), that is not of a temporary or seasonal nature, for which qualified workers are not available in the United States.
Certification : Labor certification and a permanent, full-time job offer required.

Note: While eligibility requirements for the third preference classification are less stringent, you should be aware that a long backlog exists for visas in the “other workers” category.
For More Information, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

Application Process

Your employer (petitioner) must file , Petition for Alien Worker. As part of the application process, your employer must be able to demonstrate an ability to pay the offered wage as of your visa priority date. Your employer may use an annual report, federal income tax return, or audited financial statement to demonstrate an ability to pay your wage.

For more information on filing fees, Please Call:(559) 761-9742

.

Family of EB-3 Visa Holders

Your spouse may be admitted to the United States in the file (spouse of a “skilled worker” or “professional”) or the file (spouse of an “other worker”). During the process where you and your spouse are applying for permanent resident status (status as a green card holder), your spouse is eligible to file for an Employment Authorization Document . Your minor children (under the age of 18) may be admitted as the file (child of a “skilled worker” or “professional”) or the file (child of an “other worker”).
For More Information, Please Call :
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

ByPhillip Kim

Temporary (Nonimmigrant) Workers in the United States

In order for you to come to the United States lawfully as a nonimmigrant to work

temporarily in the United States your prospective employer must generally file a

nonimmigrant petition on your behalf with USCIS1. The main nonimmigrant temporary worker classifications are listed in the table below. For more information about the filing

requirements for particular nonimmigrant classifications, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

Spouses and Children Seeking Dependent Nonimmigrant Classification

Spouses and children who qualify for dependant nonimmigrant classification of a temporary

worker and who are outside of the United States should apply directly at a U.S. consulate

for a visa.
Application to Extend/Change

Nonimmigrant Status.

Temporary (Nonimmigrant) Worker Classification

● E-1
Treaty traders and qualified employees.
Nonimmigrant Classification for Dependant Spouses and Children of a Temporary Worker ;

E-1(3)

● E-3
Certain “specialty occupation” professionals from Australia.
Nonimmigrant Classification for Dependant Spouses and Children of a Temporary Worker ;

E-3(3)

● H-1B
Workers in a speciality occupation and the following sub-classifications:

H-1B1 – Free Trade Agreement workers in a specialty occupation from Chile and Singapore.
H-1B2 – Specialty occupations related to Department of Defense Cooperative Research

and Development projects or Co-production projects.
H-1B3 – Fashion models of distinguished merit and ability.
Nonimmigrant Classification for Dependant Spouses and Children of a Temporary Worker ;

H-4

● H-1C(2)
Registered nurses working in a health professional shortage area as determined by the

U.S. Department of Labor.
Nonimmigrant Classification for Dependant Spouses and Children of a Temporary Worker ;

H-4

● H-2A
Temporary or seasonal agricultural workers.
Nonimmigrant Classification for Dependant Spouses and Children of a Temporary Worker ;

H-4

● H-3
Trainees other than medical or academic. This classification also applies to practical

training in the education of handicapped children.
Nonimmigrant Classification for Dependant Spouses and Children of a Temporary Worker ;

H-4

● I
Representatives of foreign press, radio, film or other foreign information media.
Nonimmigrant Classification for Dependant Spouses and Children of a Temporary Worker ;

I

● L-1A
Intracompany transferees in managerial or executive positions.
Nonimmigrant Classification for Dependant Spouses and Children of a Temporary Worker ;

L-2(3)

● L-1B
Intracompany transferees in positions utilizing specialized knowledge.
Nonimmigrant Classification for Dependant Spouses and Children of a Temporary Worker ;

L-2(3)

● O-1
Persons with extraordinary ability in sciences, arts, education, business, or athletics and

motion picture or TV production.
Nonimmigrant Classification for Dependant Spouses and Children of a Temporary Worker ;

O-3

● O-2
Persons accompanying solely to assist an O-1 nonimmigrant.
Nonimmigrant Classification for Dependant Spouses and Children of a Temporary Worker ;

O-3

● P-1A
Internationally recognized athletes.
Nonimmigrant Classification for Dependant Spouses and Children of a Temporary Worker ;

P-4

● P-1B
Internationally recognized entertainers or members of internationally recognized

entertainment groups.
Nonimmigrant Classification for Dependant Spouses and Children of a Temporary Worker ;

P-4

● P-2
Individual performer or part of a group entering to perform under a reciprocal exchange

program.
Nonimmigrant Classification for Dependant Spouses and Children of a Temporary Worker ;

P-4

● P-3
Artists or entertainers, either an individual or group, to perform, teach, or coach under a

program that is culturally unique.
Nonimmigrant Classification for Dependant Spouses and Children of a Temporary Worker

; P-4

● Q-1
Persons participating in an international cultural exchange program for the purpose of

providing practical training, employment, and to share the history, culture, and traditions of

the alien’s home country.
Nonimmigrant Classification for Dependant Spouses and Children of a Temporary Worker ;

Not Applicable(4)

● R-1
Religious workers.
Nonimmigrant Classification for Dependant Spouses and Children of a Temporary Worker

; R-2

● TN
North American Free Trade Agreement (NAFTA) temporary professionals from Mexico and

Canada.
Nonimmigrant Classification for Dependant Spouses and Children of a Temporary Worker ;

TD

1. Only a few nonimmigrant classifications allow you to obtain permission work in this

country without an employer having first filed a petition on your behalf. Such classifications

include the nonimmigrant E-1, E-2, E-3 and TN classifications, as well as, in certain

instances, the F-1 and M-1 student and J-1 exchange visitor classifications.

2. The H-1C nonimmigrant classification is scheduled to expire on December 20, 2009.

3. E and L dependent spouses may apply for employment authorization.

4. Though the Immigration and Nationality Act (INA) does not provide a specific

nonimmigrant classification for dependents of Q-1 nonimmigrants, this does not preclude

the spouse or child of a Q-1 from entering the U.S. in another nonimmigrant classification.

For More Information, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

ByPhillip Kim

H-1 Work Visa H-1B Immigration Lawyer F-1 Change of Status Attorney Fresno

Q: What is an H-1B?
The H-1B is a nonimmigrant classification used by an alien who will be employed temporarily in a specialty occupation or as a fashion model of distinguished merit and ability.

Q: Is there an annual limit?
The current law limits to 65,000 the number of aliens who may be issued a visa or otherwise provided H-1B status in FY2004. (The numerical limitation was temporarily raised to 195,000 in FY2001, FY2002 and FY2003.)

Q: How can I apply?
H-1B status requires a sponsoring U.S. employer. The employer must file a labor condition application (LCA) with the Department of Labor attesting to several items, including payment of prevailing wages for the position, and the working conditions offered. The employer must then file the certified LCA with a Form I-129 petition plus accompanying fee. (Prior to FY2004, employers were required to submit an additional $1,000 fee to sponsor the H-1B worker, unless specifically exempt.) Based on the USCIS petition approval, the alien may apply for the H-1B visa, admission, or a change of nonimmigrant status.

If you need legal assistance on H-1B H-1 Visas or Change of Status, please contact us at
(559) 761-1040.
You will be able to speak DIRECTLY with an attorney.