Adjustment of status and fraud waiver before the Immigration Court
...A United States citizen and her husband wanted to apply for his green card. The man was in deportation proceedings. He had come to the United States with another person’s passport, an immigration fraud that could permanently bar him from ever getting lawful permanent resident status. The couple had two U.S. citizen children. The wife’s parent’s were lawful permanent residents, and owned a restaurant that her husband managed. The business was the sole source of support for her and her parents.
We helped the man obtain a fraud waiver by showing that his wife would suffer extreme hardship if he were not granted the waiver and were deported to his country. The Immigration Judge granted the waiver and the man’s application for adjustment to lawful permanent resident status.
H-1b and Labor Certification case
...An American coffee company wanted to hire a man to maintain and oversee the operation of their enormous roasting machines. In addition to the heating mechanism, these machines have electrical, mechanical, pneumatic and hydraulic components, and require considerable knowledge and expertise to operate and maintain. The beneficiary had 25 years of experience with a South American company building, operating, and maintaining these machines. Although he had no college degree, his many years of work experience were evaluated and found to be the equivalent of a mechanical engineering degree, and so we were able to obtain his H-1b non-immigrant status.
When the American company later decided to apply for permanent resident status for the man, they petitioned for him as an industrial machine mechanic, which his training and skills also qualified him for. We helped the company obtain an approved labor certification and I-140 Petition for Alien Worker, and the beneficiary his adjustment to lawful permanent resident status.
Labor Certification case
...An automotive shop wanted to petition for a man who did their car body repairs and refinishing. We helped the employer to obtain approval of a labor certification and an I-140 petition for alien worker. The beneficiary was able to apply for adjustment of status under an old penalty provision of the immigration law section 245(i). His immediate family members were “grandfathered” under this statute and also able to apply for adjustment of status.
E-2 Treaty Investor status
...A French freight-forwarding company had a long established, wholly-owned subsidiary company in the United States at three locations to conduct its business here. France is a country qualified by treaty of commerce and navigation with the United States to seek E-1 Treaty Trader and E-2 Treaty Investor status for French nationals coming to the United States for work for a French owned company. The home company had made a substantial investment of money in the American subsidiary, qualifying it to register with the Consular section of the U.S. Embassy in Paris as an E-2 Treaty Investor.
The company was able to apply for E-2 visas for employees who would either hold executive or managerial positions here, or who had special qualifications making the employee’s services essential to the enterprise’s operation. The company filed petitions with the Consul for an operations manager and a district manager, both of whom were granted E-2 Visas. Another employee who had been employed by the home company for at least a year was granted an L-1b intra-company transferee visa based upon her specialized knowledge of the company’s procedures and customer needs.
The E-2 status is subject to two years renewals and has no limitation, whereas the L-1b specialized knowledge visa is limited to a total of five years.
The needs of the company and the employee’s eligibility for one type of visa or another determined which visa was most appropriate for the situation.