Immigration Law

 

We understands that Immigration Law is a constantly evolving, complex area of law that requires staying up to date with the changes in the law and procedures.  Our diligence, combined with our commitment to keeping a personal connection to our clients, provides you with the ability to have qualified representation at all stages of immigration proceedings. We believe in meeting the unmet legal needs of the immigrant population, a vulnerable population that comes to this country in search of opportunity and in hopes of establishing a better life for themselves.  In our legal system, driven by complex rules and procedures, access to competent attorneys and paralegals is fundamental to an immigrant’s future in the United States.  Regardless of your circumstances in entering the country, our firm works tirelessly to protect your immigration status.

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Business and Employment Immigration

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The United States offers many opportunities for foreign nationals who want to come to the United States to procure employment, open businesses, or to make investments. Unfortunately, the governing law and regulations are as complex as the U.S. Tax Code. At Sardina Law P.A. we have years of experience in successfully obtaining employment-based visas, investor visas, entrepreneur visas, intra-company transferee visas, and other business related visas.

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Employment-Based Visas

Employment-based visas are visas that require the foreign national to first obtain an employer (or sponsor as it is referred to in Title 8 of the Code of Federal Regulations), who is willing to employ the person and also petition for them to enter the United States to work. Some of these visas, such as the EB-2, will permit the foreign national to obtain lawful permanent resident status in the United States. However, because an EB-2 creates a permanent status, the criteria to qualify are significantly more stringent than a visa such as the H1B, that creates a temporary status for the employee. For example, the EB-2 visa generally requires that the employee be one with exceptional ability in his/her field. This process requires that the employer run a recruitment process to see if any U.S. workers are willing or able to fill the vacancy. If the Labor Department certifies that there are no U.S. workers willing or able to fill the vacancy, then the employer can file a petition for the employee through United States Citizenship and Immigration Services. The process is very complex and requires attention to detail at every step to ensure that the employer can have his position filled, and that the employee can  successfully enter the United States to perform under his/her employment agreement.

Visas for Exceptional or Extraordinary Ability in the Arts or Sciences

There are also visas for people with exceptional or extraordinary skills in areas such as arts,  music, or academics. In the past we have helped actors, musicians, and comedians obtain O-1 visas to come to the United States to perform in their field. These visas are available for qualifying people who has received national and/or international accolades in their field of expertise, whether it be in the arts or the sciences. There are also visas for performance groups such as dance groups or musical groups. We have successfully obtained O-1 and P visas for musicians, actors, and comedians from Cuba, Venezuela, Colombia, and Russia.

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Investor Visas

Investor visas are for people who wish to invest in a new or failing enterprise in the United States. There are several kinds of investor visas. The E-2 treaty investor visa is only eligible for applicants from countries where the U.S. and the home country have a valid international investor treaty. This visa allows an investor to invest a “substantial amount” in a new or failing enterprise and to manage the enterprise. There is also the Entrepreneur Visa, which is a type of investor visa which provides the investor with lawful permanent resident status if they make an investment of $1,000,000.00 ($500,000.00 in some instances) in a new or failing enterprise in which the investment is used to create a certain number of employment positions for U.S. workers. The investment has to create employment, which is why the investment cannot be just the purchase of a second home for the investor.

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Visas for Executives or Managers

A person or corporate entity that is seeking to open a subsidiary of their foreign company in the United States may be eligible for an L-1 visa. The L-1 visa permits a foreign company to transfer one of its executive level or managerial employees to the United States to work for its new or previously existing subsidiary. This visa allows the executive or manager to work in the United States and travel as needed in order to fulfil the company’s business goals. This same executive or manager may then be eligible to apply for an EB-1 visa to obtain lawful permanent resident status in the United States if they choose to do so. Additionally, most of the visas mentioned here permit the visa holder to also obtain visa status for their spouse and minor children with certain restrictions.

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