What We Do?
The Law Offices of Theodore Behlendorf
NON IMMIGRANT - TEMPORARY
STATUS
B-1/B-2 Visitor's Visa; B1 - Visitor for Business; B2 - Visitor for Pleasure
For coming to the U.S. for business or pleasure. B-1 business visitor visas are for
brief visits and do not allow employment. Nationals of some countries are allowed to visit
the U.S. for up to 90 days without a visa.
E1 - Treaty Trader; E2 - Treaty Investor
Investors/traders and their employees may receive visas to carry on their business in
the U.S. if the home country has a commercial treaty with the United States conferring
visa eligibility.
F1 - Academic Student
Persons doing a full course of study at an educational institution in the United
States may be eligible for a visa for the course of their study and a period for practical
training (P/T) in their field.
H1B - Specialty Occupation, DOD Employee
Professionals with at least a BA (bachelors or its equivalent work experience) may be
eligible for a nonimmigrant visa. Their employers should demonstrate that they are paid
the minimum prevailing wage for the job.
H2A - Agricultural Labor
H2B - Other Temporary Labor
H3 - Trainee
I - Representatives of Media
J - Exchange Visitor
People coming to the U.S. through an approved exchange program may be eligible for the
J-1 Exchange Visitor's visa. These are students, scholars, job trainees, faculty,
professors and research scholars, specialists, government visitors etc. Sometimes, a J-1
program will require that the beneficiary spend at least two years outside of the U.S.
before being permitted to switch to a different nonimmigrant visa or to permanent
residency.
K - Fiancé/e of US Citizen
A Fiancé(e) of a U.S. citizen is eligible for a nonimmigrant visa on the conclusion
of the marriage within 90 days.
L - Intra Company Transferee
L-1 visas are available to executives, managers and specialized employees moving to
their employer's U.S. affiliate sites. Executives and managers holding L-1 visas may be
eligible for permanent residency without the need for a labor cert.
M - Vocational Student
O1, O2 - Extraordinary Ability
The O-1 category is for foreign nationals with extraordinary ability. They are
entertainers, athletes, scientists, business people etc.
P1, P2, P3 - Athletes and Group Entertainers
For athletes, artists and entertainers.
Q - International Cultural Exchange Program
R - Religious Vocation
Religious workers apply for the R-1 visa.
TN - Trade NAFTA Professionals
A special visa category for nationals of Canada/ Mexico under the North American Free
Trade Agreement and the United States-Canada Free Trade Agreement.
Dependents of the Above
Other Nonimmigrant Categories
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IMMIGRANT - PERMANENT STATUS - EMPLOYMENT BASED
EB1 - First Preference
A. Persons of Extraordinary Ability
B. Outstanding Professors and Researchers
C. Multinational Executives and Managers
In these categories, the candidate can petition for permanent residency without the time consuming process of labor certification.
EB2 - Second Preference
Members of Professions holding Advanced Degrees or Aliens of Exceptional Ability.
Visa holders under normal circumstances must have a job offer and the employer must
complete the labor certification process.
The labor certification involves testing of the job market to show that the potential visa holder is not taking away a job from a U.S. worker. If the individual can show that his/her entry is in the national interest, the job offer and LC requirements can be waived.
EB3 - Third Preference
Skilled Workers, Professionals and other Workers.
Visa holders under normal circumstances must have a job offer and the employer must complete the labor certification process.
EB4 - Fourth Preference - Special Immigrants
Religious Workers, Commuters from Border, Retired G-4 (Employee of international
Organizations), Returning Resident, etc. Ministers of religion are eligible for permanent
residency.
EB5 - Fifth Preference - Employment Creation
Investors
With the 1990 Immigration Act, Congress has kept aside up to 10,000 visas per year just
for alien investors in new commercial enterprises who will create employment for at least
ten individuals. There are two investor groups under the program - people who invest at
least $500,000 in "targeted employment areas" (rural areas or areas experiencing
high unemployment of at least 150% of the national average rate) and those who invest
$1,000,000 elsewhere. Not less than 3,000 of the annual allotment of visas in this
category must go to the targeted employment areas.
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IMMIGRANT - PERMANENT STATUS
- FAMILY BASED
U.S. citizens can petition for parents, spouses,siblings and children. Permanent Residents
(PR) can petition for spouses and children only. Immediate Relatives of US Citizens -
Unmarried children under 21, Spouse, Parent, Widow/Widower (under certain circumstances)
First Preference - Unmarried sons or daughters of US citizens over age 21.
Second Preference - Spouses and unmarried children of lawful permanent residents (Green Card Holders).
Third Preference - Married sons and daughters of US citizens.
Fourth Preference - Brothers and sisters of
US citizens.
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DIVERSITY VISA - DV-1 Visas
(the "Green Card Lottery")
Started in October 1994 as the Permanent Diversity Program for natives of certain
countries that have provided relatively few immigrants to the US in recent years.
Annually, 55,000 visas are given away in a random drawing to individuals from countries
underrepresented in the total immigrant pool.
ASYLUM / REFUGEE
People with a real fear of persecution because of race, religion, nationality, belonging
to a particular social group, or political opinion can apply for an asylum or refugee
status.
CITIZENSHIP
Representation to file citizenship papers, and naturalization interviews.
LEGAL REPRESENTATION AND CONSULAR PRACTICE
Representation before the INS throughout the United States and U.S. Consulates worldwide.
OTHER IMMIGRATION MATTERS
Representation and counsel in other general immigration matters
LAW OFFICE OF THEODORE BEHLENDORF
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The information provided above is of a general nature and may not apply to any particular set of facts or circumstances.
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