Non-immigrant Visa

We provide focused and expert services in business immigration arena to multi-national corporate clients. We offer tailored solutions for the business immigration needs of small, mid size, and large corporations. We offer wide-ranging legal services to our clients assisting them through the immigration process resulting from their rapid and varying global mobility requirements. Our extremely qualified team makes it their priority to gather and assess business requirements of our clients and represent them in preparation of appropriate visa petitions. At Sharma Law Associates, we use our broad knowledge and vast professional experience to analyze and review gradations of each case realistically, reasonably and logically to suggest the best available solutions. We assist employers with preparation and submission of visa petitions for temporary employment in nonimmigrant visa categories including but not limited to:

H-1B: Employment based Specialty Occupation

The H-1B visa category is available for specialty level occupations professionals to work in the U.S. on a temporary basis. A specialty occupation requires application of a body of highly specialized knowledge and the attainment of at least a bachelor’s degree or its equivalent and the alien must possess at least a bachelor’s degree or foreign equivalent, or an equivalent combination of post-secondary education and experience. The specialty occupation visa is available for technical and specialized fields such as IT, finance, accounting, architecture, engineering, mathematics, science, medicine, etc. Every year a total of 85,000 H-1b visas are available which includes 20,000 for specialty workers with advanced degree from a qualified US institution. The H-1B visa is initially granted for a period of up to 3 years and can be extended up to a maximum of 6 years. H-1B visa is considered a dual intent visa and hence the beneficiary can apply and obtain Green Card while in the US on H-1B visa.

Employers have to follow an ardent and complicated process to obtain an H-1B visa for a foreign beneficiary. We assist our clients to navigate through the process seamlessly by offering considered consultation and services for collecting the appropriate required documentation; for filing appropriate forms and application with DOL and USCIS; and assisting with H-1B visa interviews at consulates.

L Intra Company Transfer Visa

L visas are available for multi-national companies to transfer their employees to their branch, parent, subsidiary or affiliate office in the US. L-1A classification is available to employers for temporarily transferring an executive or manager from one of its affiliated foreign offices to one of its offices in the United States and L-1B classification is available for employees with specialized knowledge. Both classifications have different eligibility criteria and duration of stay. For L-1 intra company transfer, a qualifying relationship has to be established between the foreign employer and the US entity where the foreign worker will be employed. Both entities have to be financially viable and currently be doing business. L-1 classification can also be used by commercially sustainable companies already having presence in foreign countries that wish to establish a new office in the United States and require a senior level executive to oversee its operations.

L-1 visas comes with a maximum stay duration of seven (7) years for L-1A visa holders and five (5) years for foreign workers in the L-1B visa category. The visas are normally issued by the USCIS initially for a three-year period extendable in two-year terms until the maximum duration of stay allowed under each classification.

Multi- national corporations can also file for a Blanket L Petition establishing the qualifying relationship between the qualifying entities. Blanket L approval allows a transferring employee to apply for an L-1 visa directly at the U.S. Consulate or Embassy without having to file an individual L petition with USCIS. This allows a multinational company flexibility to transfer qualifying employees to the United States on short notice.

At Sharma Law Associates, our expert team assist employers as well as beneficiaries sail through the L-1 process. We provide detailed assessment of qualifying relationship; qualifying business and eligibility of the foreign worker in managerial, executive or specialized knowledge in each case.  We further assist through each step and process to make sure that the petition has the best chance for approval. We also provide guidance for the visa interviews at the US consulates following L approvals.

TN Visa

TN Visa category  is available to Canadian and Mexican Citizens created under the North American Free Trade Agreement (NAFTA), which created special economic and trade relationships for the U.S., Canada, and Mexico. 

In order to qualify for a TN Visa, the applicant must be:

1. A citizen of Canada or Mexico;

2. The prospective job offer /profession is listed on NAFTA job list;

3. The position in the US requires a NAFTA professional;

4. The applicant will work in a prearranged full-time or part-time job for a U.S. employer (self-employment is not permitted); and

5. The applicant has a professional degree or its equivalent or qualifications that satisfies the specific education and/or experience requirements of the profession listed under NAFTA.

There are no quota limits on the number of TN visa that can be issued in a fiscal year. TN visa is not a dual intent visa and TV visa applicant has to undoubtedly assert that the intention to stay in the US is temporary in nature. TN Visa is generally issued initially for 3 years, which can be renewed indefinitely for additional three-year periods. Canadian citizens can request TN Visa at a U.S port of entry. Mexican citizens are required to obtain a TN visa at a U.S. Consulate or Embassy abroad, and thus subject to a visa interview. The TN visa applicant at the port of entry or at a US embassy must provide proof of Canadian/Mexican citizenship; college degrees and employment records; a detailed support letter from the applicant’s prospective U.S. employer offering a job included on the NAFTA list; and required fee. 

TN visa can be requested while physically present in the US requesting Change of Status as well. Further, TN visa holders can switch employment by obtaining new TN status through the new employer. However, as portability does not apply to TN visa, the change of employer petition must be approved before the applicant can start the new employment. The petition for change of employment can be filed from within the US with the USCIS or the applicant can do at a port of entry after a departure from the US or at the US embassy.

We help our clients in securing TN visa efficiently and effectively. We assessment the requirements of the position and qualifications of the candidate against the professions and its requirements listed in the NAFTA appendix. 

P Visa 

P visa is a type of temporary employment visa of the United States, granted to alien athletes, artists, and entertainers, and their spouses and children. It allows eligible candidates -athletes or entertainers to travel to the United States to take part in a specific program individually or as part of a team ‘at an internationally recognized level of performance’.  

“International recognition” means a high level of achievement in a field evidenced by a degree of skill and recognition substantially above that ordinarily met, to the extent that such achievement is renowned, leading, or well known in more than one country.

P visas are divided into sub-categories: P-1, P-2, and P-3 visa.

1. P-1 visa is temporary work visa available for an athletes or entertainers coming to the US to perform in either a competition or as a member of a foreign-based entertainment group recognized internationally as outstanding in the discipline for a substantial period of time. 

2. P-2 visa is for foreigners coming to the US to perform as an artist or entertainer under a reciprocal exchange program between an organization in the US and an organization in another country. 

3. P-3 visa is for foreigners coming temporarily to perform, teach, or coach in the arts or entertainment fields in a culturally unique program.

4. P-4 visa is issued to spouses and minor dependent children of the P-1/P-2/P-3 visa holders, and is valid for the same duration as that of the principal visa holder.

The evidence required for various P visa categories eligibility is as follows: 

1. Copies of contracts between the petitioner and the foreign beneficiary, or a summary of the terms of the oral agreement under which the foreign performer/athlete will be employed or performing

2. A detailed itinerary of the tour or schedule of events during the visit, along with a explanation of nature of the activities/performances to be performed

3. Evidence to establish recognized status of the application through media reports, awards, affidavits, or expert opinions regarding the achievements of the applicant(s).

We assist with detailed assessment of the eligibility, preparing the complete case including obtaining the required written consultation from the labor organization, and filing petition with the USCIS.

O Visa

The O-1 nonimmigrant visa is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement and has been recognized nationally or internationally for those achievements. The O visa is initially issued for a maximum period of three (3) years which can be extended in one (1) year increments.  

O visa is divided in to two categories. O-1A is available for individuals with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television industry) or who has demonstrated "sustained national or international acclaim and recognition for achievements in the field of expertise.” O-1B visa is for a worker who has extraordinary ability in the arts, motion picture, or television industry. 

O visa candidates must show that they are temporarily coming to the US work in the area of their extraordinary ability. The petitioner must submit evidence to show a) the worker has extraordinary ability in their field, and b) submit a written consultation. A written advisory opinion from a peer group (including labor organizations) or a person designated by the group with expertise in the beneficiary’s area of ability is required. The applicant also must show that he/she is recipient of a widely recognized international award or show at least three of the following evidence must be provided:  

O-1A: 

1. Awards or prizes for excellence in the field of endeavor

2. Membership in related associations that require outstanding achievements to become a member

3. Published material in professional or major trade journals about the applicant and the applicant’s work in the field

4. Significant and original business, scientific or scholarly contributions to the field

5. Articles authored by the applicant published in scholarly/professional journals

6. A high salary supported by reliable evidence that indicates the applicant has extraordinary ability

7. Evidence that the applicant has been on a panel as a judge of work of his peers others in the field 

8.  Employment with distinguished organization or establishment in an essential capacity

O-1B: 

1. Evidence that the beneficiary has in the past performed or will perform in future in a leading role or as a star participant in distinguished events or productions

2. Evidence of National or International recognition for past achievements as published in major newspapers

3. Evidence that the beneficiary has in the past performed or will perform in future in a leading role or as a star participant in for distinguished organizations or establishments

4. Record of significant commercial success or critical recognition such as motion pictures

5. Received recognition from critics, experts or government agencies for achievements in the field in which beneficiary is engaged

6. A high salary supported by reliable evidence that indicates the beneficiary has an extraordinary ability as compared to the compensation received by others in the field

We expert team assists with through explanation of the process and review of the documentation before assessing the eligibility for this visa category. Once assessed, we provide assistance with preparing the petition as per the specific and required standards.

B-1/2 Visa

The B1 and B2 visas are for visitors who travel to America for a short term with an intention to go back. They are good for short-term visits of up to one year. The B-1 Visa is for business visits while the B2 visa is for pleasure, tourism, and medical visits. 

B-1 is available for those seeking temporary entry for participating in business-related activities that do not involve receiving income from a U.S. source. Business visa travelers may engage business activities such attending a scientific, educational, professional, or business convention or conference. B-1 visa is generally granted for up to 6 months and maximum total amount of time permitted in B-1 status on any one trip is generally 1 year.

We assist and advise on eligibility requirements for B-1 visa including assessment of permissible and prohibited activities. We also assist with filing the application at the consulate.

R-1 Visa

An R-1 visa is available to foreign nationals to come to the United States temporarily to be employed as a minister or in another religious vocation or occupation by a non-profit religious organization in the United States. R visa is initially granted for 30 months and is extendable for a maximum of 5 years. In order to qualify for the R-1 visa, certain requirements have to be met such as the foreign worker must be employed at least part-time, with an average of at least 20 hours per week; the religious worker must have been associated with the US nonprofit denomination for at least two (2) years immediately time of the application; the qualifying  religious organization must show that it has been granted tax-exempt status in the United States and it can and will provide for all of the R-1 beneficiary’s financial and physical needs. We assist qualifying religious organizations in assessing their requirements for bringing the religious worker in the US and assess the particulars and complexities of each case to navigate them through this immigration process.

Employment-Based Green Card

We also assist all our corporate clients and applicants to navigate through the complex employment-based immigrant visa process. The company can sponsor a foreign applicant whose skill set is needed to fill gaps in the US labor market. For sponsorship under most of the categories, the employer has to follow an ardent process to test the labor market before sponsoring a foreign national for a green card through a permanent job offer. 

Immigrant worker green card applications are categorized into different preferences. Each corresponds to a specific set of eligibility criteria. It is broadly categorized into the following preferences:

EB-1- Category for Aliens of Extraordinary Abilities:

• Extraordinary ability

• Outstanding researcher or professor

• Multinational executive or manager

EB-2- Category for Aliens with Exceptional Ability or Advanced Degree. This category generally requires a job offer and a labor certification, but it can be waived in certain cases where a national interest waiver can be granted.

EB-3- Category for Skilled Workers, Professionals, and other workers:

• Professionals: An applicant must have at least a bachelor's degree, or a foreign equivalent and work in the field in which they earned their degree. 

• Skilled Workers: The position should also require a minimum of 2 years of training or work experience. The position offered cannot be temporary or seasonal.

• Unskilled Workers: The Position that requires less than two (2) years of training. The job offered cannot be temporary or seasonal.

EB-4- Category for special immigrants including ministers and no-ministers in religious vocations.

An applicant can qualify for a religious worker green card if:

• The applicant belongs to or is a member of a legitimate religious denomination in the United States for a minimum of two (2) years before filing the petition.

• Seek to enter the U.S. to work full-time in a compensated position.

• Will work for a non-profit religious organization or its affiliate in the U.S;

• Have been working in a religious occupation overseas or, if in the U.S., in valid status for the two (2) year period immediately before the filing of petition.

Family Immigration

US citizens and Permanent Residents can sponsor a family-based immigration petition. Immediate Relative visas are available for US citizens to sponsor their close family relationships- such as parents, spouse, or child. Family Preference visas are available for other distant family relationships of US Citizens or Permanent Residents. Unlike Family Preference visas, the number of visas available in the Immediate Relative category is not limited each fiscal year.

Our dedicated team of professionals assists in all aspects of family immigration law. The experienced team analyzes the unique situation and assist you in determining the suitable option for your family. We can assist you in preparation and representation before USCIS and consulates.

Naturalization

Naturalization is the process by which permanent residents may apply to become U.S. citizens. It is granted to a lawful permanent resident after meeting the requirements established by Congress in the Immigration and Nationality Act (INA). 

Eligibility requirements based on being a lawful permanent resident for at least five years are:

• You must be at least 18 years of age at the time of submission of application N-400;

• You must show continuous residence in the United States for at least five years before the submission of the N-400 application;

• You must show that you have been physically present in the United States for at least 30 months out of the five years immediately before the date of submission of the N-400 application;

• You must show that you have lived for at least three months in a state or USCIS district having jurisdiction over your place of residence;

• You must show you are a person of good moral character for at least five years before the date of submission of the N-400 application;

• You can speak, read, and write English;

• You must pass the civics test on U.S. history and government.

Citizenship by birth any individual born in the U.S. automatically becomes citizens upon birth. Certain individuals born to U.S citizen parents can acquire citizenship if the U.S. citizen parents have met the residence or physical presence requirements for a certain period of time prior to the child’s birth.

The naturalization process is a complicated and detailed process, and we can help you assess your eligibility. We will analyze the requirements, your background, and prepare a detailed naturalization application. We will help avoid any unnecessary hurdles and delays by timely monitoring of your case.