Blog Archives

What is a L-1 Status Visa?

New Jersey L-1 Status Lawyers

A L-1 status temporary visa is for foreign nationals who already work for a company that has a branch, subsidiary, affiliate or parent company in the United States. These are considered intracompany transferees that are coming to the United States company to fulfill an executive or managerial role or bringing a specialized knowledge. The intracompany transferee in question must have been a full-time employee of the corporation for at least one whole year within the past three years. If the alien transferee fits all these qualifications, then they may apply for a L-1 visa. At this current moment, there is no stated annual cap for L-1 visas and the employer is not required to get a labor certification before applying for the L-1 visa.

The Law Offices of Jef Henninger, Esq., has a team of experienced, aggressive L-1 visa lawyers ready to aid you through the petition process. Our law firm will make sure you are qualified for a L-1 visa, and if you happen not to be, go through other options that may be available to you. Schedule a free initial consultation with one of our Middlesex County visa attorneys at 732-383-6242.

What is the Child Status Protection Act?

New Jersey Child Status Protection Act Lawyers

The Child Status Protection Act (CSPA) was enacted to protect immigrant families from waiting times, so they can stay together with their children. Before the CSPA was created, if the immigrant child turned 21 years old, that child was no longer allowed to adjust status or immigrate with their parents. What the CSPA does is it “freezes the age” of the immigrant children either when a petitioning permanent resident parent naturalizes or when an American parent fills out and files the petition on their child’s behalf. The CSPA can also be enacted when a married foreign child who is petitioned by a US citizen parent, becomes widowed or even divorced. The CSPA also comes with a mathematical formula, which subtracts the amount of time the visa petition is pending from the current age of the child. If you child still happens to age-out, regardless of the mathematical formula or not, the CSPA also provides relief with the automatic conversion clause. The Child Status Protection Act also provides an opt-out measure, if the child so desires.

The CSPA is not only applicable for immigrant children after the law went into effect, but people who had submitted and filed for green cards before August 6, 2002 can also be protected under the CSPA. If you or your loved ones are looking to keep your family together and are afraid that your children may “age-out” with the long pending wait times, contact the Law Offices of Jef Henninger, Esq., as soon as possible. Our seasoned, tough Hudson County CSPA attorneys are prepared and ready to fight to keep you together within the United States. Use our free initial consultation by calling our 24/7 hotline at 732-383-6242.

How do I obtain a green card from outside of the United States?

New Jersey Consular Processing Lawyers

If you are not currently residing in the United States, or happen to be in the country illegally, you will need to apply for legal permanent residency through the United States Embassy or Consulate within your home country. When the visa petition is filled out by either your employer or relative who is is a United States citizen and approved by the United States Citizenship and Immigration Services (USCIS) the petition will be sent to the US National Visa Center. When the priority date gets close, the US National Visa Center will ask for the filing fees and to submit the rest of the paperwork for the immigrant visa interview. Once this is complete, the US National Visa Center will send your paperwork to the US Embassy or Consulate in your home country. They will they schedule you and your family for the interview.

Once the immigrant visa and any waivers that may be needed are approved, you and your family can then travel into the United States. You then can look at working towards achieving legal permanent residence in the country. With so many steps involved towards being a legal resident in the United States, the Law Offices of Jef Henninger, Esq., highly suggest hiring a knowledgeable, experienced consular processing attorney. Our skilled, experienced Union County consular processing attorneys have represented clients all over the state of New Jersey and have a vast knowledge and years of experience in immigration law. Call us any time at 732-383-6242 to use our free initial consultation.

How do I obtain an investor visa?

New Jersey E-2 Treaty Investor Visa Lawyers

An E-2 treaty investor visa is for foreign nationals, where their home country has a commercial treaty with the United States, who plan to come to the US to develop and guide the operations of an industry that they either have invested in or are about to invest a significant amount of capital towards. If the immigrant is already residing in the United States, the I-129 form should be utilized in order to apply for an extension of stay or a change in immigration status or employment. In regards to the change of employment, this will not require a petition if the foreign national is living outside of the country at that time. If that is the case, the foreign investor will need to apply for this category on his or her own to a United States consular office in their home country.

The investment within the American enterprise or industry that the foreign national has placed must be lawfully and legally owned and controlled capital. This investment involved also must be a commercial risk in order to raise profit, and the enterprise or industry be subject to substantial loss if the investment does not go through. When your financial and occupational situations are on the line, retaining an intelligent and resourceful investor visa attorney is crucial. At the Law Offices of Jef Henninger, Esq., our highly proficient Somerset County investor visa attorneys are available any time, even on nights and weekends, to discuss the details surrounding your application for a E-2 treaty visa. Contact us today at 732-383-6242 to use our free initial consultation.

What type of visa do I need for employment?

New Jersey Employment Visa Attorneys

If you are a foreign national who wants to work in the United States, hiring a professional and knowledgeable immigration attorney is in your best interest. Employment based immigration is very complex and can involve numerous government agencies. Between dealing with the Department of Labor, Department of State, Department of Homeland Security and the United States Citizenship and Immigrant Services (USCIS) as well as the option for a temporary visa or permanent visa (PERM), it is a lot for someone who is not experienced in immigration law to handle. There are visas that are for specific types of occupations, such as religious work, athletes and entertainers, professionals, trainees, or even persons of extraordinary ability. At the Law Offices of Jef Henninger, Esq., our highly skilled employment based visa attorneys will work with the governmental agencies, your employer as well as letting you know which type of visa you are eligible towards, permanent or temporary. Schedule a free initial consultation with a Toms River immigration lawyer at 732-383-6242 and let us guide you through the visa and petition process for the best possible result.

How do I get a H-1B Visa?

New Jersey H-1B Visa Attorneys

To receive a H-1B temporary visa, you must be a foreign national looking to work in the United States in a professional career. Sometimes fashion models can also be considered for this kind of visa if they are of exceptional merit and ability. The more common occupations for a H-1B temporary visa are for computer professionals, doctors, teachers, CPA’s, engineers and architects.

There is an annual cap on how many H-1B visas are accepted, which is set at 65,000 each year. However, there are an additional 20,000 that are reserved for people with doctorates, and other types of advanced degrees from US colleges. The United States Citizenship and Immigration Services (USCIS) begins to accept H-1B petitions from employers on April 1st. Once these petitions are approved by the USCIS, the foreign national can obtain the H-1B visa or change their immigration status to start their employment on October 1st.

One important note to keep in mind is that there are also many H-1B jobs that do not fall under the numerical cap set by the USCIS. Those jobs that are known as “cap-exempt H-1B jobs” are occupations that include people who work at schools and universities, doctors who have received J waivers, research institutions for the government and non-profit businesses. If you are seeking employment in the United States, or if you are an employer looking to hire an immigrant for your business, make sure you talk to a knowledgeable H-1B visa attorney. The Law Offices of Jef Henninger, Esq., has a team of Ocean County visa lawyers who are available any time for a free initial consultation. Call us at 732-383-6242 to see what we can do for you today!