Ross and Asmar Attorney's At Law

Ross & Asmar handles a variety of immigration matters on behalf of corporations and individuals. Our immigration practice focuses on the acquisition of all types of temporary and permanent visas and petitions. We represent clients from all over the world providing them high quality, professional care in achieving proper immigration status.

The firm's immigration practice has assisted numerous clients in obtaining all types of immigration visas and petitions. The Firm advises clients on the process, structure and filing necessary for successful applications to the US Citizenship and Immigration Services (USCIS), United States Department of Justice, Office of Immigration Review (EOIR), and other agencies.

In addition, the firm represents and assists employers in obtaining permanent immigrant visas for foreign executives or skilled employees in order for them to permanently work and live in the United States.

H-1B Visa – Specialty Occupations

An H1B Visa is for someone that practices a specialty occupation and is receiving a job offer and possesses the background suitable for a specialty occupation. Specialty Occupation is defined by the Immigration and Nationality Act as an occupation that requires a "theoretical and practical application of a body of specialized knowledge; and… attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States."

H1B Visas are valid for a period of 3 years and may be renewed for an additional 3 year period. The US government only makes 65,000 visas available each year, so obtaining one is a very competitive process. The number of applicants has been rapidly increasing every year. Ross & Asmar has extensive experience in preparing and filing H1 B visa applications. We will ensure that you have the best chances of having your application approved.

H-2B Visa – Temporary Workers

An H-2B visa is available for work that is temporary in nature and is available to employers of foreign workers not working in agriculture. Work that is temporary in nature means: One time occurrence; Recurring seasonal need; Intermittent need; and Peak-load need.

An H-2B visa expires once the employer no longer has a need for the temporary worker. The longest the visa can be valid for is one year but the visa may be extended up to three additional times.

An employer sponsoring an employee for an H-2B Visa must prove that there are no unemployed US workers willing or able to do the work. Sponsoring employers prove this through the state's employment agency using a labor certification process. Employers are required to have a recruitment campaign, including advertising in a local newspaper for available temporary workers. Ross & Asmar has a vast amount of experience in aiding employers in meeting these requirements. We will work with you and your employees to guarantee that you have the best chance of having your applications for an H-2B visa approved.

H-3 – Trainee

An H3 visa allows foreign nationals to receive training at a company in the United States that would not be available in their home country. However, an H-3 applicant may not come for a graduate program or medical training. To obtain an H-3 visa, an applicant must prove that the training will benefit the applicant in pursuing a career outside of the United States; that the applicant will not be employed unless it is incidental and necessary to the training; and that the applicant will not be placed in a position that is in the normal operation of the sponsoring business, one in which US citizens and residents are regularly employed. If you believe you qualify for an H-3 visa, Ross & Asmar will advise you through the process and prepare the appropriate paperwork, ensuring you have the best chances in obtaining the visa.

H-4 – Spouse or Child of H-1 Holder

H-4 visas are issued to immediate family members (spouses and children under 21 years of age) of H-1B visa holders. If your spouse is applying for an H1-B visa, you may apply for an H-4 visa at that time and submit them simultaneously. An H-4 visa does not authorize you to work but you can pursue an education. An H-4 visa lasts as long as the corresponding H-1B visa. Ross & Asmar will help you and your spouse obtain these visas, so you can come to the United States together.

J-1 – Visa for Exchange Visitors

J-1 visas are given to those who have been approved to participate in exchange programs with the hopes of gaining knowledge, furthering education, and enhancing skills in the arts and sciences. J-1 visas are available to students of all educational levels and teachers who teach at a broad range of academic institutions. They are also available to trainees obtaining on the job training and in the medical field and research scholars. In addition, they are available to those coming from abroad for the purpose of travel, observation, consultation, research, training, sharing, or demonstrating specialized knowledge or skills. These visas expire upon the termination of your program but may be extended if necessary to complete the program. If you believe you qualify for a J-1 visa, Ross & Asmar will help you to navigate the application process and prepare all the appropriate paperwork. We will ensure you have the best chance of success in obtaining the visa.

J-2, Spouse or child of J-1 holder

J-2 visas are issued to immediate family members (spouses and children under 21 years of age) of J-1 visa holders. If your spouse is applying for a J-1 visa, you may apply for an J-2 visa at that time and submit them simultaneously. A J-2 visa authorizes you to work and you are also allowed to pursue an education. A J-2 visa lasts as long as the corresponding J-1 visa. Ross & Asmar will help you and your spouse obtain these visas, so you can come to the United States together.

K-1 – Fiance(e)

K-1 visas are issued to the fiancé of a US citizen, so that fiancé may enter the United States. A K-1 visa requires the foreign fiancé to marry his or her U.S. petitioner within 90 days of entering the US. The petitioner and fiancé must have physically seen each other within the two years before the initial filing. The petitioner must also be able to fulfill certain financial support requirements. Ross & Asmar will ensure that your petition is prepared and filed correctly so that you and your to be spouse can be married without delay.

K-3 – Foreign Spouse

A K-3 visa allows a foreign spouse of a US citizen to enter the US to await the availability of an immigrant visa. The foreign spouse must live outside of the US and must be seeking to enter the US to obtain a green card. The US citizen spouse must have already filed a spousal petition for the alien spouse before the K-3 application is filed. This visa allows a holder to work and study in the US. This type of visa is valid for two years and two-year extensions may be granted. Ross & Asmar will ensure that your petition is prepared and filed correctly so that you and your spouse can be together as soon as possible.

R-1 – Religious Workers

An R-1 visa is available to those seeking to enter the US to work in a religious capacity on a temporary basis. Religious workers include persons authorized, by a recognized employing entity, to conduct religious worship and perform other duties usually performed by authorized members of the clergy of that religion, and workers engaging in a religious vocation or occupation. The applicant must be a member of a religious denomination having a bona fide non-profit religious organization in the US. The applicant must have been a member of the denomination for two years immediately preceding applying for religious worker status. The applicant must be planning to work as a minister of that denomination, or in a religious occupation or vocation. A nonimmigrant religious worker's spouse and unmarried children under 21 years of age may be issued a religious worker visa.

E-1, E-2 – Treaty Traders and Investors

The Treaty Trader (E-1) or Treaty Investor (E-2) visa is for a national of a country with which the United States (U.S.) maintains a treaty of commerce and navigation who is coming to the U.S. to carry on substantial trade, including trade in services or technology, principally between the U.S. and the treaty country, or to develop and direct the operations of an enterprise in which the national has invested, or is in the process of investing a substantial amount of capital, under the provisions of the Immigration and Nationality Act.

Treaty trader applicants must meet specific requirements to qualify for a treaty trader (E-1) visa under immigration law. The applicant must be a national of a treaty country. The trading firm for which the applicant is coming to the U. S. must have the nationality of the treaty country. The international trade must be "substantial" in the sense that there is a sizable and continuing volume of trade. The trade must be principally between the U.S. and the treaty country, which is defined to mean that more than 50 percent of the international trade involved must be between the U.S. and the country of the applicant's nationality. The applicant must be employed in a supervisory or executive capacity, or possess highly specialized skills essential to the efficient operation of the firm.

Treaty investor applicants must meet specific requirements to qualify for a treaty investor (E-2) visa under immigration law. The investor, either a real or corporate person, must be a national of a treaty country. The investment must be substantial. It must be sufficient to ensure the successful operation of the enterprise. The investment must be a real operating enterprise. Speculative or idle investment does not qualify. The investment may not be marginal. The investor must have control of the funds, and the investment must be at risk in the commercial sense. Loans secured with the assets of the investment enterprise are not allowed. The investor must be coming to the U.S. to develop and direct the enterprise. If the applicant is not the principal investor, he or she must be employed in a supervisory, executive, or highly specialized skill capacity.

Ross & Asmar is highly knowledgeable about E visas and will ensure that an E visa applicant goes through the procedure to obtain the visa correctly. We will ensure that you have the best chances of obtaining the visa.

L-1 - Intracompany Transferees

An L-1 visa is available to employees of companies that operate in both the US and another country. To obtain an L-1 visa, the employee must have worked for a parent, subsidiary, affiliate or branch office of the US company outside of the US for at least one year out of the three preceding years. An L-1 visa is good for up to seven years. There are two types of employees that the company may sponsor: managers and executives and specialized knowledge staff. Ross & Asmar is highly knowledgeable about L-1 visas and will ensure that a sponsoring employer or an L-1 visa applicant goes through the procedure to obtain the visa correctly. We will ensure that you have the best chances of obtaining the visa.

F-1 – Students

F-1 visas are available to full-time students from foreign countries who wish to study in the US. To qualify for an F-1 visa, an applicant must be proficient in English (unless the applicant is coming to study in an English language training program). The applicant must also prove that they are able to support themselves during the duration of their education. Applicants must have been accepted by a school approved by the USCIS and have a Form I-20A-B issued by the school. F-1 visa holders may generally not seek off-campus employment unless it is OPT (Optional Practical Training). However, F-1 visa holders may work part-time on campus. Ross & Asmar LLC has helped many students to obtain their F-1 visas and study in the US. We too can aid you in being able to study at the academic institution of your dreams.

O-1 – Extraordinary Ability

O-1 visas are available to those that have extraordinary abilities in science, art, education, business or athletics. This must be demonstrated by international acclaim in the particular area of the applicant’s extraordinary ability. An O-1 visa applicant must show significant documentation of such extraordinary ability and acclaim. Documentation is usually in the form of awards, work published in prominent publications, certificates, etc. A US company or agent must sponsor the applicant and an offer of employment is required. An O-1 visa is initially valid for three years but can be extended in one year increments thereafter. Ross & Asmar will carefully explain the visa application process to you and will ensure that you have the best chances of obtaining an O-1 visa.

Permanent Labor Certification

A permanent labor certification issued by the US Department of Labor (DOL) allows an employer to hire a foreign worker to work permanently in the United States. The employer must hire the worker for full-time employment. There must be a bona fide job opening available to US workers. The employer must pay the prevailing wage for the occupation in the area of intended employment.

In most instances, before the U.S. employer can submit an immigration petition to the U.S. Citizenship and Immigration Services (USCIS), the employer must obtain an approved labor certification request from the DOL's Employment and Training Administration (ETA). The DOL must certify to the USCIS that there are no qualified U.S. workers able, willing, qualified and available to accept the job at the prevailing wage for that occupation in the area of intended employment and that employment of the alien will not adversely affect the wages and working conditions of similarly employed U.S. workers. Ross & Asmar has extensive experience in preparing and filing labor certifications. We will guide both employer and employee through the process and ensure that you have the best chances of having your application approved.

Green Card By Family Sponsorship/Marriage

A foreign national may receive their Green Card (permanent residency) through a relative that is a US citizen or permanent resident. The family member that decides to sponsor the foreign national must provide documentation that proves their US citizenship or permanent residency and must also prove that they can support the foreign national at 125 per cent above the poverty line.

US citizens may petition for a foreign national spouse, son or daughter, brother or sister (if the citizen is over 21 years old) or parents (if the citizen is over 21 years old). Lawful permanent residents (green card holders) may petition for a spouse or an unmarried son or daughter. Ross & Asmar has aided many foreign nationals in obtaining their green cards through family sponsorship. We will work with you so that you understand the process and we will prepare all the appropriate paperwork. Ross & Asmar will ensure that everything is done correctly so there is no delay in bringing you and your family member together.

The firm routinely handles spouse petitions. We assist in the preparation of the forms and accompany the client through all stages of the process, including the critical interview before the immigration officer.

Green Card Work Based

A foreign national may receive their Green Card (permanent residency) through work-based sponsorship. For a foreign national to obtain a work-based green cared, the U.S. Citizenship and Immigration Services (USCIS) must approve a petition filed by a sponsoring employer. The employer must generally complete a labor certification and the State Department must give the foreign national worker an immigrant visa number.

There are preference categories for employment based immigration:

1. First preference (EB-1) is given to priority workers. These are people with extraordinary ability.
2. Second preference (EB-2) is given to those with advanced degrees or exceptional ability.
3. Third preference (EB-3) is given to professionals and skilled workers. These are people with bachelor’s degrees and at least two years of experience.
4. Fourth preference (EB-4) is given to those in religious occupations. These individuals must have worked in a religious occupation for at least two years prior to their application.
5. Fifth preference is given to those who want to be given their Green Card so they can create a new business.

Ross & Asmar has aided many foreign nationals in obtaining their green cards through employment. We will work with you so that you understand the process and we will prepare all the appropriate paperwork. Ross & Asmar will ensure that everything is done correctly so there is no delay in starting your new job.

US Citizenship

U.S. citizenship can be obtained through:

1. Birth in the US or its territories
2. Birth to US citizen parents
3. Naturalization (the grant of citizenship after an application or exam)
4. Naturalization of one’s parents.

Children born with one or both parents being US citizens can acquire US citizenship. If at the time of birth, both of the child’s parents were US citizens and at least one had a prior residence in the United States, the child automatically acquires US citizenship with no conditions for retaining it. If only one parent was a U.S. citizen at the time of the child's birth, that parent must have resided in the United States for at least five years, two of which must have been after the age of 14. No other act need be done to keep this type of citizenship.

To become eligible for U.S. citizenship by naturalization, a person must have been a legal permanent resident of the U.S. for at least five years, during which no trips abroad were taken for more than six months, and no less than a total of half of the entire period (two-and-a-half years) were spent outside the US. An applicant must also be of good moral character. An applicant must also go through an interview process and take an English and civics test. The final step is attending a ceremony and taking an oath of allegiance. A naturalized U.S. citizen obtains the right to vote in U.S. elections, the right to obtain a US passport, and the right to participate in Social Security and other government programs.

Ross & Asmar has aided many permanent residents in obtaining citizenship. We will work with you so that you understand the process and we will prepare all the appropriate paperwork and guide you through the interview and testing processes. Ross & Asmar will ensure that everything is done correctly so there is no delay in obtaining your citizenship.

H1B VISAS

The firm has obtained numerous H1B visas for a variety of clients.

SPOUSE PETITIONS

The firm routinely handles spouse petitions. We assist in the preparation of the forms and accompany the client through all stages of the process, including the critical interview before the immigration officer.

CITIZENSHIP

The firm routinely handles citizenship applications and appeals. We assist in the preparation of the forms and accompany the client through all stages of the citizenship process, including the critical interview before the immigration officer.

The above are just a few of the cases handled by Ross & Asmar.