Immigration Law Group
Perez Gonzalez’ Immigration and Nationality
Law Group provides comprehensive legal services to its rapidly
growing clientele, which includes professional athletes, entertainers,
business and corporate executives. This area of the Firm’s practice
primarily focuses on the foreign professional, medical, business,
investment, athletic and entertainment fields. The Firm has developed
the expertise necessary to effectively represent its clients before
INS/governmental agencies such as state and federal administrative
agencies, such as the U.S. Department of Justice, Immigration & Naturalization
Service, State Department, the Department of Labor, and the federal
court system. The Firm serves its clients in a professional manner,
through innovative and traditional means, with an emphasis on efficiency
and personal attention.
Areas of Immigration Practice Include:
Temporary/Professional Work Visas
Permanent Residence (Green Cards)
- Multinational Executives
- Employment Related
- National Interest
- Investor Applications
- Labor Certifications
of Permanent Residence
- Diversity ("Lottery")
- I-9 Compliance and Advice on Record
- Assistance with Government Audits
- Representation at Hearing
- Federal Courts
- Administrative Appeals Unit
- Board of Immigration Appeals
- Board of Alien Labor Certification
U.S. State Department
- Relinquishment of Citizenship
- Derivative Citizenship
increased globalization of markets and business organizations has
presented U.S. employers and foreign nationals with a world of
challenging issues, strategies, and options. While there are several
types of temporary professional visas, our website presents a generalized
overview of some of the most common visa options that are available
to foreign professional who wish to conduct business or work temporarily
in the United States.
are several temporary visas, which allow foreign professionals
to work in the United States. In all of these options, there must
be a petitioning entity that will offer employment to the foreign
professional, sign all forms required by the Immigration and Naturalization
Service (INS), and provide evidence of the employment, either by
an employment letter or an employment contract.
H-1B Visa may be issued to a foreign professional who is qualified
to perform services in a "specialty occupation," which generally
means a professional position that requires a minimum of Bachelor
Degree (or its equivalent), related to the position offered, to
successfully perform the duties required by the position. It is
an occupation that requires theoretical and practical application
of a body of highly specialized knowledge.
of a Bachelor Degree can be determined by application of the "three-for-one" rule (i.e., three
years of specialized training and/or work experience can be substituted
for each year of college-level training which the beneficiary lacks).
of a "specialty occupation" include but are not limited
to some computer specialists (such as engineers, analysts, programmers),
teachers, journalists, business analysts, high-level executives,
marketing executives, accountants, physicians, etc.
procedures require that the Department of Labor (DOL) first certify
a labor Condition Application (LCA) verifying that the employer
is paying the "prevailing wage" for the job offered. Then Form
I-129, Petition for a Non-Immigrant worker, and the H Supplement,
and all appropriate supporting documentation, are filed with the
appropriate Immigration and Naturalization (INS) Regional Service
Center. The filing fee for the I-129 is $110 plus $1000 that the
petitioning employer must pay.
an H-1B professional may remain on H-1B status for a total of six
(6) years. The initial admission is granted for a maximum of three
and unmarried minor children accompanying a principal H worker
may secure derivative H-4 status. Family members under H-4 classification
are not authorized to work in the United States, but are allowed,
however, to attend school.
regulations define an H-2B nonagricultural temporary worker
as an alien who is coming temporarily to the United States to perform
temporary services or labor, who will not displace United States
workers capable of performing such services or labor, and whose
employment will not adversely affect the wages and working conditions
of United States workers.
services or labor under the H-2B classification refers to any job
in which the petitioner's need for the duties to be performed by
the employee(s) is temporary, whether or not the underlying job
can be described as permanent or temporary. The petitioner's need,
which must generally be one year or less, can be either a one-time
occurrence, a seasonal need, a peak load need, or an intermittent
CANADIAN AND MEXICAN PROFESSIONALS
Visa," is issued pursuant to the North American Free Trade
Agreement (NAFTA). INS regulations provide a list of over sixty
(60) professions that qualify for the TN visa under NAFTA. Only
Canadian and Mexican national or citizens are eligible for TN visas.
This list includes, but is not limited to, Management Consultants,
Social Workers, Engineers, Computer Systems Analysts, Accountants,
etc. The minimum requirement is usually a Bachelor Degree.
Visa procedures require that the Department of Labor (DOL) first
certify a Labor Condition Application (LCA) only for Mexican National
or citizens TN visa applications. Then Form I-129, Petition for
a Nonimmigrant worker and all appropriate supporting documentation,
are filed with the Lincoln Nebraska INS Regional Service Center.
The filing fee for the I-129 is $110. Canadian Nationals may apply
for the TN visa at a port of entry.
TN visa is granted for one-year increments and is renewable indefinitely.
and unmarried minor children accompanying the TN professional may
secure derivative Trade Dependent (TD) status. Family members under
TD classification are not authorized to work in the United States,
but are allowed, however, to attend school.
a foreign entity transfers an executive or manager to a newly formed
or already existing US subsidiary, affiliate, or branch, the L-1
Visa is ideal for that Intra-company transferee. L-1 visas are
available to professionals who have worked abroad for one continuous
year within the preceding three years in an executive, managerial,
or specialized knowledge capacity for a foreign business entity
(usually the transferring entity) and who are being transferred
temporarily to the United States to work in that same capacity
for a qualifying, related United States business entity.
procedures require that the petitioning entity file Form I-129,
Petition for a Nonimmigrant worker, and the L Supplement, and all
appropriate supporting documentation, with the appropriate Immigration
and Naturalization (INS) Regional Service Center. The filing fee
for the I-129 is $110.
an L-1 professional may remain on L-1 status for a total of seven
and unmarried minor children accompanying a principal L worker
may secure derivative L-2 status. Family members under L-2 classification
are not authorized to work in the United States, but are allowed,
however, to attend school.
WITH EXTRAORDINARY ABILITY IN BUSINESS OR SCIENCES
not yet provided
VISAS - TREATY TRADERS (E-1) AND INVESTORS (E-2)
visas are part of the United States' efforts to "enhance or facilitate
economic and commercial interaction between the United States and
the treaty country. The three main types of commercial
treaties are treaties of friendship, commerce, and navigation (FCNs);
bilateral investment treaties (BITs); and free trade agreements,
such as the North American Free Trade Agreement (NAFTA).
on the exact language of a treaty, and the treaty country's reciprocal
treatment of U.S. nationals, nationals of a particular foreign
state may be admitted to the US as both treaty traders (E- I) and
treaty investors (E-2), or only as one or the other.
treaty trader or investor must, whether an individual or business,
possess the nationality of the treaty country.
E-2 Investor Visa is issued to an investor that enters the United
States, based upon treaty between the US and the country of which
he/she is a national, to develop and direct the operations of an
enterprise in which the alien has invested, or is actively in the
process of investing a substantial amount of capital. Generally,
nationals of the treaty country must own 50 percent of the business
in question. The investor must show that he or she has either made
a substantial investment or is actively in the process of making
a substantial investment in the enterprise. "In the process of
investing," the investor must be close to the start of actual business
operations, not simply in the stage of signing contracts (which
may be broken) or scouting for suitable locations and property.
Mere intent to invest, or possession of uncommitted funds in a
bank account, or even prospective investment arrangements entailing
no commitment, will not suffice.
E-1 Trader Visa is issued to a foreign business individual that
enters the United States, based upon a treaty between the US and
the country of which he/she is a national, to carry on substantial
trade in goods, services, or technology in a capacity that is supervisory
or executive in nature or involves essential skills. Trade means
the exchange, purchase, or sale of goods and/or services. The trade
must (1) constitute an exchange between the United States and the
treaty country and must be traceable or identifiable, (2) be international
in scope, and (3) involve qualifying activities.
of E visas may reside in the United States as long as they continue
to maintain their status with the enterprise (i.e. maintain trade
spouse and unmarried minor children of a treaty trader or investor
are entitled to the same E-1 or E-2 classification as the principal
alien. The nationality of a spouse or child of a treaty alien is
not material to their classification as E-I or E-2.
FOR ENTERTAINERS, ARTISTS, ATHLETES
VISA – ALIEN OF EXTRAORDINARY ABILITY IN ARTS
VISA – ALIEN OF EXTRAORDINARY ABILITY IN ATHLETICS
to be provided
all family relationships serve as a basis to apply for lawful permanent
resident status. There are two basic categories Immediate Relatives
and Preference relatives.
or unmarried minor children of American citizens.
Relatives are set as follows:
SONS AND DAUGHTERS OF AMERICAN CITIZENS. Adult children of US citizens
or those who have reached the age of 21 years prior to issuance
of the immigrant visa.
SONS AND DAUGHTERS (Unmarried and under 21 years of age) OF LAWFUL
UNMARRIED SONS AND DAUGHTERS, OVER 21 YEARS OF AGE, OF PERMANENT
SONS AND DAUGHTERS OF US CITIZEN.
AND SISTERS OF US CITIZENS.
petitioning relative must file Form I-130, Petition for Alien Relative,
with a filing fee of $110, with the appropriate INS Regional Service
Center. After the petition is approved, the alien relative may
have to wait for a period of years until an immigrant visa is available
to him or her. When an immigrant visa is available, or the priority
date is current, the alien may finalize permanent residence through
the filing of an Adjustment of Status.
are the general requirements for Citizenship/Naturalization:
applicant must a lawfully admitted permanent resident
applicant must reside in the United States as a lawful permanent
resident for a period of five (5) years immediately preceding the
filing of the application for naturalization
applicant must reside within the state or within the INS district
where the application will be filed for at least three (3) months
immediately preceding the filing of the application
applicant must be 18 years of age at the time of filing the application
applicant must be a person of Good Moral Character
applicant must read, write, and speak English
applicant must have knowledge of the History and Government of
the United States
applicant must file Form N-400, Application for Naturalization,
with filing fee of $225 and $25, with the appropriate INS Service
Center and all supporting documentation.