US Immigration

Individual

Visitor

The B-1/B-2 classification is designated for visitors for business (B-1) and visitors for pleasure (B-2). It is appropriate for foreign nationals who seek to visit the United States on a purely temporary basis.

Student

Every year, the United States attracts foreign nationals who wish to pursue their studies in approved educational institutions. The appropriate categories are: F-1 (academic students), M-1 (vocational students), and J-1 (exchange students).

Worker

There are many temporary immigration categories that allow foreign nationals to engage in employment in the United States. Foreign nationals generally need to obtain the appropriate visa from a consulate abroad, based upon a petition filed by a U.S. employer.

Resident

Lawful permanent residents (LPR), or “green card” holders, are allowed to reside and work permanently in the United States. The LPR status is gained primarily through employment-based or family-based sponsorship, as well as the diversity visa lottery.

Citizen

U.S. Citizenship is obtained either by birth, derivation or naturalization. Requirements generally are, 5 years in permanent resident status or three years may be sufficient for those married to U.S. citizens.

Families

Nonimmigrant beneficiaries may sponsor family members for immigration benefits to the United States on a temporary basis as dependants categories, such as H-4, L-2, F-2, and others. (K-1 & K-3 visas for fiancé/es and spouses, respectively, are temporary, but treated primarily as immigrant, or permanent, categories.)

Immigrant or permanent resident primary beneficiaries in employment-based, permanent resident cases or in family preference petitions, may sponsor their spouses and minor child/ren, who would likely be eligible for permanent benefits as derivative beneficiaries. In technical immigration terminology, family-based cases are those in which U.S. citizens or permanent residents file petitions to sponsor their relatives for immigration benefits. These cases include immediate and preference relative petitions in permanent resident cases, as well as K-1 (fiancé/e) and K-3 (spousal) petitions.

Companies

IMS attorneys can consult with employers to determine what immigration categories may be the most suitable for current and potential employees. We can guide employers though the available options, evaluating the pros and cons of each, considering the nature of the offered position and other key factors.

We can advise employers regarding the filing and documentation requirements for employee sponsorship. We represent employers in the preparation and filing of petitions and applications to the USCIS.

We provide input and representation to employers in responding to requests for evidence (RFEs), notices of intent to revoke (NOIR), and notices of intent to deny (NOID).

Our attorneys provide advice on complex legal matters of immigration compliance, both proactively and in connection with U.S. Department of Labor (DOL) audits and USCIS site visits.

The IMS Firm provides internal audits of companies of all sizes to determine whether H1B and I-9 records comply with federal regulations. We guide companies as to changes needed to improve levels of compliance following internal audits.

We defend employers in federal immigration-related investigations, including filing and litigating administrative appeals.

Immigration for Professionals in Medical Field

Medical and allied health care professionals (AHCP) often have complex immigration issues, in part related to training, licensing, and certification requirements. Specific immigration requirements, procedures, or options may apply only to a certain occupation or group of occupations. Even those health care occupations that do not have specific immigration provisions must still face requisite licensing for immigration benefit eligibility as health care practitioners. Examples of such occupations include: dentists, pharmacists, veterinarians, chiropractors, optometrists, psychologists, as well as many technicians and assistants in the health care field.

Specific immigration provisions are in place for a select list of allied health care professionals (AHCP) for appropriate certifications prior to eligibility for immigration benefits. Specific provisions also are in place for nurses with respect to certifications. In the permanent immigration context, nurses and physical therapists benefit from their classification within what is known as Schedule A precertification, as recognized shortage occupations. This eliminates the need to file for labor certification when seeking employment-based permanent residence.

Physicians face some very specific immigration issues and requirements. Those seeking to practice medicine in the United States must undergo additional graduate medical training. Many are sponsored for this training in J-1 status by the Educational Commission for Foreign Medical Graduates (ECFMG). This imposes a two-year home return requirement following the training, which must be met or waived in order to be eligible for either H1B status or permanent residence.

How We Can Help You

Medical professionals and allied health care providers need to develop long-term strategies for meeting a series of immigration requirements. We at The IMS Firm can help develop and refine these strategies.

Our attorneys regularly consult with and advise health care professionals and their employers regarding immigration options. We guide health care professionals with respect to specific immigration questions they face.

The IMS Firm represents health care providers and their employers with the preparation and submission of the full range of nonimmigrant and immigrant applications and petitions requesting immigration benefits. Our experience with health care professionals includes: H1B, J-1, O-1, TN, PERM, Schedule A, and NIW cases, as well as J-1 Interested Government Agency (IGA) and hardship waivers.

US Immigration Lottery

The U.S. Department of State (DOS) conducts an annual visa lottery program. This program, known as the diversity visa lottery or DV lottery, allocates 50,000 immigrant visa numbers each year. These visa numbers are granted to individuals who are chargeable to countries with low rates of emigration to the U.S. The DOS conducts an online registration for a limited period annually. Applicants who are selected are eligible to pursue U.S. permanent residence, if they are otherwise qualified for permanent residence status. Far more than 50,000 “winners” selected by DOS each year; not all “winners” will be able to meet the requirements for permanent residence. No one can help increase an applicant’s chance of selection in the DV lottery. Lottery “winners” are permitted to apply either for adjustment of status to permanent residence within the U.S. or for an immigrant visa at an appropriate U.S. consulate abroad.

Requirements

  • Must be born in (or otherwise chargeable to) a qualifying country

  • Must have either a high school education or its equivalent, or two years of work experience in the past five years in an occupation that requires at least two years of training or experience

  • Permanent residence status not granted or guaranteed by lottery selection

How we can help you

The IMS Firm consults with individuals to determine potential eligibility for the DV lottery.
We advise regarding DV lottery procedures, time lines, documentation requirements and legal issues.
Each year, we assist some of the lucky lottery “winners” with the process of either filing for Adjustment of Status or Consular Processing.
The lottery process is time-sensitive, thus, proper legal guidance can be vital to achieving the objective of becoming a permanent resident.