Immigration Practice
Nankin & Verma PLLC handles both corporate and individual
immigration matters. Our attorneys and support staff utilize advanced technology
that allows for complete immigration case management, and enables us to give our
clients a high level of service in a cost effective manner. We constantly
monitor changes and updates in immigration law using the latest applications and
research tools.
The firm handles all aspects of immigration law, including H visas for temporary
specialty workers, L visas for intra-company transferees, employment based labor
certifications for permanent residence, and immigrant visas for individuals of
exceptional and extraordinary ability. Additionally, we handle all family-based
immigration matters as well as detention and removal matters.
Business-Based Immigration
H Visas:
Despite an annual numerical limitation, the H-1B visa is still the visa of
choice for most professional companies that wish to bring specialized knowledge
professionals to the U.S. for a temporary period of time. The total maximum
period of time a person may hold H-1B status in the United States is six years.
H visa holders can exercise dual intent and may pursue permanent residence in
the U.S. Additionally, the premium processing option makes it possible to obtain
a decision on an H petition within fifteen (15) days of submitting the petition
to the United States Citizenship and Immigration Service (US CIS), if the
correct fee has been paid. We work closely with companies and individuals to
ensure that all applications can be filed at the earliest possible time, and
emphasize the need to begin the H-1B process as early as possible prior to April
1 of a given application year due to the annual numerical limitation that
applies to the H-1B visa.
L Visas:
As many corporations continue to expand globally, L visas are
increasing in desirability and need. L visas are available for high-level
executives and managers, as well as specialized knowledge professionals, working
for entities abroad that have related entities in the U.S. and seek to transfer
employees to the U.S. to continue in their professional activities. Executives
and managers are allowed to remain in the U.S. for a total period of time of up
to seven years, while specialized knowledge professionals are allowed up to five
years. We have experience in securing L visas for small companies with
operations abroad, as well as large corporations that require blanket L
petitions to reduce processing times for L visas. Like the H-1B visas, holders
of L visas also enjoy dual intent when applying for legal permanent residence in
the United States. Finally, premium processing, as discussed above for H visas,
is available to L-1 applications for quicker adjudication of a case.
TN Visas:
Canadian and Mexican citizens may apply for TN visas if they are
entering the United States to engage in activities at a professional level.
Immigration regulations specify what occupations are considered to be
professional in nature, and the minimum requirements for entry into those
occupations. Unlike the H and L visas, TN holders do not enjoy dual intent, and
should consult with an attorney prior to initiating the Green Card process while
on a TN visa.
Employment Based Labor Certifications:
When an employer seeks to sponsor an individual for his/her Green Card,
the employer must engage in a three-step process to obtain a Green Card for the
employee to adjust his/her status to that of a permanent resident of the U.S.
This three-step process can often be difficult and time consuming. We handle a
large volume of employment based labor certifications and have significant
experience with all three stages: (1) the PERM process to obtain Alien Labor
Certification from the Department of Labor, (2) the I-140 Immigrant Petition for
Alien Worker (including ability to pay issues), and (3) the I-485 Application
for Adjustment of Status (the “Green Card Application”).
Extraordinary Ability and Exceptional Ability Individuals:
Certain individuals with either extraordinary ability, who can show
that they have risen to the very top of their field, or those of exceptional
ability, who can demonstrate that their work is in the national interest, may
avoid the filing of an Alien Labor Certification Application. Such individuals
may adjust their status to that of permanent resident in less time than many
other visa categories. We routinely assist individuals in the fields of
medicine, technology, finance and the arts to procure visas based on their
abilities and achievements in their respective fields.
Family-Based Immigration
Depending upon the circumstances, foreign nationals who marry United States
Citizens may be able to adjust their status in the United States, or must obtain
an immigrant visa abroad. We assist clients navigate through the K-1
nonimmigrant process for fiancées, K-3 nonimmigrant process for spouses,
I-130/I-485 immigrant process for individuals in the United States, and I-130
immigrant process for individuals who will process at a United States Consulate
or Embassy abroad.
Detention & Removal
We routinely assist individuals in removal proceedings before the Executive
Office for Immigration Review (“EOIR” or “immigration court”). Sometimes foreign
nationals or Legal Permanent Residents have committed minor infractions of the
law that are “misdemeanors” in State Courts, but are considered “aggravated
felonies” for immigration purposes, requiring assistance to obtain Cancellation
of Removal or Waivers of Removability. In other instances, foreign nationals
enter the United States without the proper documentation and require assistance
to navigate through the court process in order to properly return to their home
country without jeopardizing their future ability to return to the United States
with a proper visa in hand. We assist individuals under various circumstances
that place a person in removal proceedings in order to obtain an equitable and
just resolution for their situation.
The immigration laws allow for many benefits to individuals seeking entry into
the U.S., whether for a temporary period of time or for permanent residence.
Similarly, companies seeking to remain competitive in today's marketplace can
use the immigration laws for their benefit. Our approach is to assist our
individual and corporate clients develop the best strategy for achieving their
immigration objectives. If you have any immigration questions, please feel free
to call us to set up a consultation.