Employment – Based Immigration
- Permanent Work Visas – With the right combination of skills, education, and/or work experience and are otherwise qualified, an individual may be eligible to live permanently in the United States based on the following visa categories:
- EB1 – Individuals with extraordinary talents and abilities in an area of expertise such as athletes, performing artists, acclaimed professors, scientists, and business executives.
- EB2 – Professionals with advanced degrees and exceptional abilities in the fields of science, art, or business, must have a job offer and labor certification by a U.S. employer.
- EB3 – Prospective employers must have a labor certification and file an immigration petition for alien workers. These include skilled workers; professionals with at least a baccalaureate degree from a college or university in the U.S. or foreign equivalent or workers who have at least 2 years of training or experience; or unskilled workers also known as other workers that requires no training or experience.
- EB4 – People in the clergy performing religious work, or certain government related employees, may obtain this type of employment-based visa.
- EB5 – Immigrant investors can apply for a fifth preference employment-based visa if they have at least one million dollars or $500,000, for purposes of economically underprivileged areas, to invest in a new U.S. business venture that employs at least ten full-time workers.
- Temporary Work Visas – These visas are for individuals looking to enter the United States for employment that is of a fixed duration, and is not considered permanent or indefinite. A prospective employer must first file a petition with U.S. Citizenship and Immigration Services, and approval of the petition initiates the application of the work visa.
- H1-B – Person in specialty occupation, which requires a higher education degree or its equivalent.
- H-2A – Temporary or seasonal agricultural worker, and is limited to certain citizens of specific countries.
- H-2B – Temporary or seasonal non-agricultural work, and is limited to citizens of specific countries.
- O – Individual with extraordinary ability or achievement. This can include professional working in the sciences, arts, education, business, or in athletics.
- L – Work visas that are available to intracompany transferees who work in managerial capacities or have specialized knowledge.
- P – Visa granted to athletes, artists, & entertainers, and their spouses & children.
- Q – Designated for international cultural exchange programs.
- R – Religious workers that are temporarily employed by a non-profit religious organization in the United States.
Family – Based Immigration
- Immediate Relative Visas – If you are a U.S. citizen or permanent resident, you can file a petition for your immediate relatives. Immediate relatives are given priority immigration status & are defined by as a spouse, children who are unmarried and under age 21, and parents if you are age 21 or older. They fall into the following visa categories:
- IR-1: Spouse of a U.S. Citizen
- IR-2: Unmarried Child Under 21 Years of Age of a U.S. Citizen
- IR-3: Orphan adopted abroad by a U.S. Citizen
- IR-4: Orphan to be adopted in the U.S. by a U.S. citizen
- IR-5: Parent of a U.S. Citizen who is at least 21 years old
- Family Preference Visas -- U.S. immigration law allows foreign nationals who are family members of U.S. citizens and lawful permanent residents to become lawful permanent residents (Green Card) based on specific relationships. Family preference visas are subject to annual caps, and can therefore take years to receive.
- F1 - unmarried sons and daughters, 21 years of age and older, of U.S. citizens;
- F2A - spouses and children (unmarried and under 21 years of age) of lawful permanent residents;
- F2B - unmarried sons and daughters, 21 years of age and older, of lawful permanent residents.
- F3 - married sons and daughters of U.S. citizens; and
- F4 - brothers and sisters of U.S. citizens (if the U.S. citizen is 21 years of age and older).
- K1 - Fiance(e) visa
- If you are a U.S. citizen who wants to bring your foreign fiancé(e) to the United States to get married, you will need to obtain a K1 nonimmigrant visa. You and your fiancé(e) must intend to conduct a valid marriage within 90 days of your fiancé(e) entering the U.S as a K-1 nonimmigrant.
- Consular Processing & Adjustment of Status
- Once you are the beneficiary of an approved immigrant petition and an immigrant visa number is available, there are two ways to apply for lawful permanent resident status (Green Card):
- If you are outside of the United States, you may apply at a U.S. Department of State consulate abroad and be admitted as a permanent resident. This is defined as consular processing.
- If you currently reside in the United States, you can apply for permanent resident status without first returning to your home country for processing. This process is referred to adjustment of status.
Citizenship & Naturalization
- Naturalization is the process through which U.S. citizenship is given to a foreign citizen or national after fulfilling certain immigration requirements set forth by the United States Congress. Please contact the Dubey Law Office to understand more about naturalization & citizenship procedures.
Green Card Renewal, Re-entry, & Removal of Conditions
- Renewing Permanent Resident Card – If an individual has a ten year Green Card that has expired or will be expiring in the next six months, they are eligible to begin the renewal process.
- Reentry Permits — Necessary for permanent resident/green card holders who are absent from the United States for a period of 1 year or more or that have been outside the United States for less than one year but have taken up residence in another country.
- Removal of Conditions – The removal of conditions process is important for permanent residents/green card holders who are:
- Married to the same U.S. citizen or permanent resident after two years. You may include your children in your application if they received their conditional-resident status either at the same time or within 90 days as you did,
- Children that received conditional permanent resident status based on the parent and cannot be included on the parents' application for a valid reason,
- Widows or widowers who entered into your marriage in good faith,
- Entering into a marriage in good faith, but the marriage ended through divorce or annulment or
- Spouses or children subjected to extreme hardship by your U.S. citizen or permanent resident spouse or parent.
Other Visa Categories
- A – Diplomat or foreign visitors traveling to the United States specifically for the purpose of engaging in official acts on behalf of their national government.
- B-1 – Business visitor who wishes to consult with employees or associates, or would like to attend a professional convention or conference.
- B-2 – Tourism, holiday, or medical treatment visitor
- F – Students looking to enter the United States for school or pursue undergraduate or graduate degree programs.
- J – Au Pair or exchange visitors that are approved to participate in exchange visitor programs in the United States.