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“This office is professionally excellent and I am very happy with every service that was rendered to me. “

- A.S.

"Very good work on behalf of Mr. Gardner and his team, I got what I wanted and it was fabulous to receive my Green Card after 10 years. I am very grateful for their efficiency, and when I thought my case was not going to be accepted, Mr. Gardner got the job done. I highly recommend Mr. Gardner to anyone with an immigration matter."

"Mr. Gardner, Allison, and their team were excellent. They provided me with 200% of their time and effort, and were very supportive in the success of my case."

"Once again, I cannot thank you, David and the rest of the team enough for all the help over the past years. Thanks to you, T and I can now fully focus on getting ready for the arrival of the baby." 

"Dear David,

"Dear David and Allisson,

"Mr Gardner, Just a few lines to thank you for all the help you provided for me to obtain my citizenship. I'm happy to be a U.S. Citizen!"

"Hello Allisson,

We want to thank you again for representing us at the interview on Monday. You are awesome and very helpful!"
- JK

"... All US-based H1-B applications I've processed through AILG
have been approved without issue and I was particularly pleased recently
with their ability to assist us in the immigration/relocation of a
foreign employee to the US (which was a cumbersome process ... their
constant professionalism, follow-through, and communication at every
turn which keeps my company and applicants informed and worry free
throughout the immigration process. If you are looking to work with an
expert immigration legal team with a proven track record of success,
look no further than David Gardner and American Immigration Law Group!"-
RH

"...Getting the green card changes my life. There is so much I
want to express, but I am stuck with the two words " Thank You". I hope I
could have met you 20 years ago..."- HK

"...God knows I have been shouting in happiness, jumping up and down
with unbelievable joy.
I cannot truly express how I feel at this moment. .... I am so happy I
can feel legal and
without fear of leaving my Children and husband behind. Once again I
have to make my genuine
gratitude to you because it's amazing how far the process went, and how
you guys did not at

any moment had me doubt you or stress about the proceedings on my
Papers. Thank You so much
for such a Great Job and Effort, you all work in Team work and it
shows. May God bless your
Business Always.
Always Grateful. "

- SRP

"Thank you so much..."

Thank you Mr. Gardner and the whole crew. I have not words to thank you, all of you guys.  YL

"Your kindness was appreciated. Great Job."

- SR MD

"... thank you for everything, and to Mr. Gardner too, my heart is overjoyed that everything is moving along so fast, and for all the hard work you've all been investing in me...."

"You probably will have been advised by now that I have received my green card. It arrived eight days after our interview ... "

"Firstly, thank you for doing such an incredible job. I'm almost speechless ..."

"Allisson:

Thank you for all your efforts during this process. I have no doubt that your care and diligence made a difference in getting this approval so fast."

"I want to thank you for taking our case and working with us to get my husband back. This is the perfect Christmas gift for me and my family.

H-1B Visas are for persons in a specialty occupation, that requires at least a bachelor's degree. The applicant employee does not need to maintain a foreign residence and may have "dual intent," meaning that he or she may also intend to remain in the U.S. permanently. The petitioning employer is required to obtain a certification from the Department of Labor that it has filed a Labor Condition Application.

H-1B CAP. There is a  limit to the number of H-1B visas available each year. The H-1B visa year starts on October 1 and the earliest date to apply each year is April 1. It is advisable to plan to file an H-1b petition as quickly as possible in the H-1b visa year as once the H-1b visa cap is reached no more H-1b visas will be issued  until the following H-1b visa year commencing October 1.

H-1B LENGTH OF STAY:

Initial stay for H-1B professional is three years; extension of stay in increments of up to 3 years. Total stay limited to 6 years. This may be extended for longer periods for persons who have Labor Certification or immigrant petitions pending or are waiting for a permanent visa number.

“An H-1B classification may be granted to an alien who will perform services in a specialty occupation which requires theoretical and practical application of a body of highly specialized knowledge and attainment of a baccalaureate or higher degree or its equivalent as a minimum requirement for entry into the occupation in the United States, and who is qualified to perform services in the specialty occupation because he or she has attained a baccalaureate or higher degree or its equivalent in the specialty occupation.

Specialty occupation means an occupation which requires theoretical and practical application of a body of highly specialized knowledge in fields of human endeavor including, but not limited to, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts, and which requires the attainment of a bachelor’s degree or higher in a specific specialty, or its equivalent, as a minimum for entry into the occupation in the United States.

To qualify as a specialty occupation, the position must meet one of the following criteria:

1. A baccalaureate or higher degree or its equivalent is normally the minimum requirement for entry into the particular position;
2. The degree requirement is common to the industry in parallel positions among similar organizations or, in the alternative, an employer may show that its particular position is so complex or unique that it can be performed only by an individual with a degree;
3. The employer normally requires a degree or its equivalent for the position; or
4. The nature of the specific duties are so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a baccalaureate or higher degree.” (Extracted from the USCIS website)

H-3 Visas are for temporary workers invited by an individual or organization for purposes of receiving instruction and training other than to receive graduate medical education or training. The training program must be one "that is not designed primarily to provide productive employment." An H-3 visa may be issued for periods up to three years.

J-1 Visas are for exchange visitors who are bona fide trainees and have no intention of abandoning their foreign residence. Participation in an exchange program may be for purposes such as teaching, studying, observing, conducting research, consulting, and receiving training. The applicant must have sufficient funds and fluency in English. The J-1 trainee visa is available for interns who are still in College as well as recent graduates for periods up to 12 months. The J-1 practical training visa program is generally available for periods up to 18 months.

J-1 Waivers

Certain J visa holders are subject to a requirement that they must return to their home country or country of last residence for two years upon completion of their training in the U.S. Waivers to this 2-year residency requirement may be granted.

J-1 Exchange Visitor Visa

J-1 visas are available for teaching, studying, business or professional training, research or special skills. J-1 programs are either funded by a government program, non-government organization private sponsor, or an educational fellowship or company. Length of period is up to 18 months. It may be 36 months for post-doctoral training less any period previously used for academic training. There is also a 30-day grace period.

1. Practical Training Programs:

J-1 is available to enhance skills in a specialty or non-specialty program or to improve knowledge of US technologies in a specified commercial field. J-1 training cannot be used as an employment substitute or just to gain experience. It must be structured on-the-job training program.

2. Will include Structural Internship

Applications are made to a designated organization approved by the Department of State.

3. Professional Researchers:

J-1 status is available for teaching, consulting or serving at a post-secondary accredited institution. Researcher can include corporate research institutes, museums and libraries. There is an unapproved proposal to extend the period for professors or researchers to a 5-year period. The present maximum is 3 years with possible 6-month extension.

4. Specialists

J-1 is also available to experts in a specialized field who can consult or observe or demonstrate special skills. The period of stay is limited to one year.

5. International Visitors

Used by the Department of State for People to People cultural exchange programs.

6. Alien Physicians

J-1 status is used for special programs for graduates of foreign medical schools. J-1 visas are also available for camp counselors and au pairs.

7. Two-Year Home Country Requirement

Certain J-1 visitors are required to return to their home country before changing status to H or L temporary worker categories, and also before adjusting status to permanent resident without having to return home for this period. The restriction applies to J-1 and J-2, and to certain government funded programs, which are a "skills list". The two years need not be continuous. The 2-year requirement may be waived, but only for exceptional hardship to a US citizen or permanent resident spouse or child, or for fear of possible persecussion. Waivers may also be granted by obtaining a "no objection" letter from the home country government or by recommendation from a Federal government agency or state agency for certain J-1 physicians.

* Extracted from BCIS website: http://uscis.gov/graphics/services/visas.htm#L

An alien who within the preceding three years has been employed abroad for one continuous year by a qualifying organization may be admitted temporarily to the United States to be employed by a parent, branch, affiliate, or subsidiary of that employer in a managerial or executive capacity, or in a position requiring specialized knowledge. An alien transferred to the United States under this nonimmigrant classification is referred to as an intracompany transferee and the organization, which seeks the classification of an alien as an intracompany transferee is referred to as the petitioner. Certain petitioners seeking the classification of aliens as intracompany transferees may file blanket petitions.

L-1A: Executive, Managerial

Executive Capacity:

1. Directs the management of the organization or a major component or function of the organization;
2. Establishes the goals and policies of the organization, component, or function;
3. Exercises wide latitude in discretionary decision-making; and
4. Receives only general supervision or direction from higher-level executives, the board of directors, or stockholders of the organization.

Managerial Capacity:

1. Manages the organization, or a department, subdivision, function, or component of the organization;
2. Supervises and controls the work of other supervisory, professional, or managerial employees, or manages an essential function within the organization, or a department or subdivision of the organization;
3. Has the authority to hire and fire or recommend those as well as other personnel actions (such as promotion and leave authorization) if another employee or other employees are directly supervised; if no other employee is directly supervised, functions at a senior level within the organizational hierarchy or with respect to the function managed; and
4. Exercises discretion over the day-to-day operations of the activity or function for which the employee has authority. A first-line supervisor is not considered to be acting in a managerial capacity merely by virtue of the supervisor’s supervisory duties unless the employees supervised are professional.

Stay:

Initial Stay is up to 3 years when coming to existing office; coming to new office-up to 1 year; extension of stay in increments of up to 2 years. Total stay limited to 7 years.

L-1B: Specialized knowledge

Specialized knowledge means special knowledge possessed by an individual of the petitioning organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organization’s processes and procedures.

Stay:

Initial stay is up to 3 years when coming to existing office; coming to new office-up to 1 year; extension of stay, one increment of up to 2 years. Total stay limited to 5 years.

L-2: Spouse or Child of L-1

The spouse and unmarried minor children of the beneficiary are entitled to L nonimmigrant classification, subject to the same period of admission and limits as the beneficiary, if the spouse and unmarried minor children are accompanying or following to join the beneficiary in the United States. Neither the spouse nor any child may accept employment unless he or she has been granted employment authorization.

H-3 and J-1 Visas for Trainees

H-3 Visas are for temporary workers invited by an individual or organization for purposes of receiving instruction and training other than to receive graduate medical education or training. The training program must be one "that is not designed primarily to provide productive employment." An H-3 visa may be issued for periods up to three years.

J-1 Visas are for exchange visitors who are bona fide trainees and have no intention of abandoning their foreign residence. Participation in an exchange program may be for purposes such as teaching, studying, observing, conducting research, consulting, and receiving training. The applicant must have sufficient funds and fluency in English. The J-1 trainee visa is available for interns who are still in College as well as recent graduates for periods up to 12 months. The J-1 practical training visa program is generally available for periods up to 18 months.

J-1 Waivers

Certain J visa holders are subject to a requirement that they must return to their home country or country of last residence for two years upon completion of their training in the U.S. Waivers to this 2-year residency requirement may be granted.

O-1 Visas are for persons with " extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim."

An O-1A visa is available for persons who have demonstrated: "extraordinary ability in the sciences, arts, education business or athletics which has been demonstrated by sustained national or international acclaim".

An O-1 B visa is for motion picture or TV production who have demonstrated -- "record of extraordinary achievement" -- "through extensive documentation".

O-2 visa are available for persons accompanying and assisting an O-1 athlete or artist for specific events or performances. It is necessary to show that they are an essential part of the event and have critical skills not generally available and which cannot be performed by other individuals. An O-2 must generally show a longstanding work relationship has taken or will take place in and outside the US.

O-1 need not show proof of foreign residence while an O-2 must show a foreign residence, which they have no intent of abandoning

1. Extraordinary Ability and Extraordinary Achievement

There are different standards for each category of endeavor.

2. Science, Education, Business and Athletics

These require "a level of expertise indicating the person is one of the small percentage who have risen to the very top of the field of endeavor". This is proved by receipt of a major internationally recognized prize ( e.g. A Nobel Prize) or a minimum of 3 of the following:

1. National or internationally recognized awards
2. Membership in an organization that require outstanding achievement
3. Published materials in professional or major trade publications
4. Judgment of the work of others in the field
5. Original scientific or scholarly work or major importance in the field
6. Authoring academic or scholarly work
7. Employment in an organization, which has a distinguished reputation
8. Received in the past and continuing to command a high salary

3. Arts

This means "Distinction" -- "a high level of achievement in the arts evidenced by a degree of skill and recognition substantially above that ordinarily encountered" --.

An artist needs to show he or she is "prominent" and not necessarily "top" of his or her field. Distinction in the arts by nomination of a significant international award (e.g. Academy Award or Grammy) or by proof a minimum of any of the following:

1. lead in a production with a distinguished reputation
2. critical reviews in publications such as news or trade journals
3. lead for an organization with a distinguished reputation
4. record of major commercial or critically acclaimed successes
5. significant recognition form organizations, critics, government agencies or recognized experts in the field
6. received in the past and continuing to command a high salary

4. Motion Picture or TV industry

This requires proof of extraordinary achievement, which means "a very high level of accomplishment in the motion picture or TV industry, evidenced by a degree of skill and recognition substantially above that ordinarily encountered". The criteria are the same for the arts, but the Government will require a higher standard when evaluating evidence in order to show extraordinary achievement.

5. Advisory Opinions

Motion Picture/TV

These must have a written advisory opinion from a Union and a management group describing achievements in the particular field.

All other O-1s must obtain consultation from the appropriate Union if there is one from the field. Optional non-union expert opinions may be used. O-2 must also have Union and management opinion as to the expertise and necessity for the position.

6. Length of stay

The initial term of admission for O visa is three years. This may be extended for one-year annual increments. The major advantage of O-1 visa is that it can be extended without maximum time limit (unlike L and H categories), without need for new consultation, provided the basis for extension can be justified.

(Extracted from USCIS website)

P-1 Visas are for:

• an individual or team of alien athletes recognized internationally, and
• alien artists or entertainers who will perform with, or are an essential or integral part of an internationally recognized entertainment group or performance.

P-2 Visas are available to artists or entertainers who will be performing under a reciprocal exchange program, which is between a U.S.-based and foreign-based organization. P-2 applicants do not need to make any showing of outstanding or extraordinary ability or even that they have any particular level of experience.

P-3 Visas applies to artists or entertainers to perform, teach or coach individually or as part of a group, under a program that is culturally unique.

Essential support personnel may be included in these applications.

Q Visas are for a person "who has a residence in a foreign country which he or she has no intention of abandoning, and who is coming temporarily to the United States to take part in an international cultural exchange program approved by the Attorney General" "for the purpose of providing practical training, employment, and the sharing of the history, culture, and traditions of the country of the alien's nationality."

R Visas are for religious workers "who, for at least the two (2) years immediately preceding the time of application for admission, has been a member of a religious denomination having a bona fide nonprofit religious organization in the United States," who "must be coming to the United States for one of the following purposes: solely to carry on the vocation of a minister of the religious denomination; to work for the religious organization at the request of the organization in a professional capacity; or to work for the organization, or a bona fide organization which is affiliated with the religious denomination, at the request of the organization in a religious vocation or occupation.

Permanent Religious Visas - I-360 are available for certain religious workers who have been continuously employed full time for qualified religious organizations.

Treaty National Visas are available for Canadian and Mexican nationals in accordance with the North America Free Trade Agreement (NAFTA). A TN is similar to H-1B category but there is no specific maximum time limit on total period of admission. TN visas are available for one year at a time for professionals with a minimum of a Bachelor’s degree of foreign equivalent. Unlike the H-1 category experience generally cannot be used to obtain equivalence to bachelor’s degree. An important exception is the management consultant category where five years experience in management consulting or a related field. NAFTA sets forth the requirements for designated professionals. Licenses must be obtained when required to practice the profession.

Self-Employment is not permissible. There is no dual intent doctrine so that TN must show that they are not intending immigrant even though there is no time limit on the number of years for renewal.

On January 1 2004 the Department of Homeland Security published an interim rule which eliminated the need for Mexican TN professionals to file a visa petition, with an appropriate labor condition. The annual quota limiting the number of TN visas for Mexican Nationals was also eliminated.

E-1 TREATY TRADER VISAS AND E-2 TREATY INVESTOR VISAS

Investor (E-1, E-2) Visas are based on a treaty between the U.S. and the country of which the applicant is a national. For an E-1 visa, the applicant must be entering the U.S. solely to carry on substantial trade that is international in scope principally between the U.S. and the foreign state of which he or she is a national. For an E-2 visa, the applicant must invest a substantial amount of capital in a bona fide enterprise. E visas are issued at the Consulate or Embassy outside the United States for periods up to Five Years. E visas may be renewed indefinitely, although the applicant should not intend to remain in the U.S. permanently. A full E Visa application must be submitted to the Consulate for adjudication even if an extension of stay or change to E- Visa status has been granted by USCIS.

 “An alien entitled to enter the United States under and in pursuance of the provisions of a treaty of commerce and navigation between the United States and the foreign state of which he is a national, and the spouse and children of any such alien if accompanying or following to join him.

1. E-1: Treaty Trader, spouse and children

Solely to carry on substantial trade, including trade in services or trade in technology, which is international in scope, either on the alien’s behalf or as an employee of a foreign person or organization engaged in trade principally between the United States and the treaty country of which the alien is a national, taking into consideration any conditions in the country of which the alien is a national which may affect the alien’s ability to carry on such substantial trade. There must be intention to depart the United States upon the expiration or termination of treaty trader (E-1) status.

2. E-2: Treaty Investor, spouse and children

Solely to develop and direct the operations in which the investor has invested or is actively in the process of investing a substantial amount of capital in a bona fide enterprise in the United States, as distinct from a relatively small amount of capital in a marginal enterprise solely for the purpose of earning a living. The investor must intend to depart the United States upon the expiration or termination of treaty investor (E-2) status.

3. Stay:

Initial stay for E-1 and E-2 visas is two years; up to 2 years per extension. No maximum number of extensions, with some exceptions.” (Extracted from UCIS website)

Investor visas for permanent residents status are available for qualified individuals and their family members based on their investment in a new commercial enterprise which results in the creation of 10 full time jobs for US citizens or permanent residents. The minimum investment under the EB5 investor visa program is $500,000 if the investment is in a Targeted Employment Area or a rural area. Otherwise the required investment amount is $1,000,000. Many intending immigrant investors choose to invest in a Regional Center EB5 investor visa program. These Regional Centers allow qualified investors to meet the employment requirement through indirect employment methods which are generally pre-approved by the USCIS. Most Regional Center investments are located in Targeted Employment Areas allowing the EB5 investor to qualify for the minimum investor amount. It is not necessary for the investor to reside in the location of the EB5 investment For a current list of EB5 Regional Centers in California and in other parts of the United States click here. Careful planning with independent tax and financial advisers together with Immigration counsel is strongly recommended. Our Law Firm has been representing immigrant investors in Los Angeles and throughout the United States since the EB5 program started in 1990 and we work closely with the intending immigrant investor and other professional investment advisers at all stages of the process.

For More Information Regarding the EB5 Investor visa program Click Here and request Free initial Consultation for Investor Visa Program.

FAMILY-BASED / IMMEDIATE RELATIVE PETITIONS

A U.S. citizen or LPR may petition for his or her children (under 21 years), spouse and parents. Once the I-130 Immediate Relative petition is approved, the relative may adjust status to become a legal permanent resident. A spouse or child who is subjected to extreme cruelty or battery may self-petition.

FAMILY-RELATED VISAS FOR FINANCEE, SPOUSE AND CHILDREN

K-1 Visas are for the finace(e)s of U.S. Citizens. The fiancée must seek to enter the U.S. solely to conclude a valid marriage with the petitioner. The couple must marry within 90 days after the fiancee's entry. Any minor children of the fiancée may accompany the fiancée to the U.S. with K-2 visas.

K-3 Visas are for persons who have valid marriages to U.S. citizens, where the U.S. citizen has filed an I-130 petition on the person's behalf and the person wishes to enter the U.S. to await the approval. If the I-130 is denied, the authorized admission under K-3 terminates 30 days after the denial. The K-3 visa includes minor children of the beneficiary.

SELF-PETITIONS BY BATTERED OR ABUSED SPOUSES AND CHILDREN (VAWA)

Spouses and children of U.S. citizens and permanent residents can file immigrant visa petitions for themselves if they can show that their spouse or parent “battered” them or subject them to “extremely cruelty,” that they are of good moral character, and that they would suffer extreme hardship if they were forced to leave the United States. The abuse may be physical, verbal or psychological.

DIVERSITY ViSA LOTTERY: 50,000 visas are available each year through the Diversity Visa Lottery also known as the Green Card Lottery. To be eligible for a diversity visa, an applicant must have either a high school diploma or its equivalent, or at least 2 years of work experience in an occupation requiring at least 2 years’ training or experience. The visa must be obtained within the fiscal year that the alien applied.

Just send us an e-mail at info@americanimmigrationlaw.com if you would like us to process your DV lottery application!

EMPLOYMENT BASED IMMIGRATION AND LABOR CERTIFICATION.

Employment based immigration (with the exception of special immigrants, persons of extraordinary ability, national interest waivers, and investors) requires the employer or prospective employer to submit a petition. The employer must demonstrate that it has the financial ability to pay the wage offered and that the employee beneficiary meets the minimum requirements to perform the job satisfactorily. In certain cases (Second and Third Preference), the employer is required to obtain a Labor Certification indicating that not sufficient U.S. workers are able, willing and qualified to perform the job and that the applicant’s employment will not adversely affect the wages and working conditions of U.S. workers. The Labor Certification process is now handled through Program Electronic Review Management (PERM). The First Preference is for priority workers including persons of ability, outstanding professors and researchers, and multinational executives and managers. The Second Preference is for members of the professions holding advanced degrees or persons of exceptional ability. The Third Preference is for skilled workers, professionals and other workers. The Fourth Preferences provides for special immigrants including religious workers, court dependents, returning residents and others. The Fifth Preference is an investor provision, which grants residency to persons who invest significant funds in the U.S. ($1,000,000 or under certain circumstances $500,000) and hire U.S. workers as employees.

EMPLOYMENT VISAS EXTRAORDINARY ABILITY

EMPLOYMENT-BASED IMMIGRATION: FIRST PREFERENCE EB1

You may be eligible for an employment-based, first-preference visa if you have an extraordinary ability, are an outstanding professor or researcher, or are a multinational executive or manager.

Each occupational category has certain eligibility requirements that must be met:

Category: Extraordinary Ability

Description:

You must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim.

Your achievements must be recognized in your field through extensive documentation. No offer of employment is required.

Evidence:

You must meet 3 of 10 criteria or provide evidence of a one-time achievement (i.e., Pulitzer, Oscar, Olympic Medal)

Criteria for Demonstrating Extraordinary Ability:

You must meet 3 out of the 10 listed criteria below to prove extraordinary ability in your field:

1. Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence
2. Evidence of your membership in associations in the field which demand outstanding achievement of their member
3. Evidence of published material about you in professional or major trade publications or other major media
4. Evidence that you have been asked to judge the work of others, either individually or on a panel
5. Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
6. Evidence of your authorship of scholarly articles in professional or major trade publications or other major media
7. Evidence that your work has been displayed at artistic exhibitions or showcases
8. Evidence of your performance of a leading or critical role in distinguished organizations
9. Evidence that you command a high salary or other significantly high remuneration in relation to others in the field
10. Evidence of your commercial successes in the performing arts

(Extracted From USCIS Website)

EMPLOYMENT VISAS: OUTSTANDING PROFESSORS AND RESEARCHERS

EMPLOYMENT-BASED IMMIGRATION: FIRST PREFERENCE EB1

You may be eligible for an employment-based, first-preference visa if you have an extraordinary ability, are an outstanding professor or researcher, or are a multinational executive or manager.

Each occupational category has certain eligibility requirements that must be met:

Category: Outstanding professors and researchers

Description:

You must demonstrate international recognition for your outstanding achievements in a particular academic field. You must have at least 3 years experience in teaching or research in that academic area. You must be entering the United States in order to pursue tenure or tenure track teaching or comparable research position at a university or other institution of higher education.

Evidence:

You must include documentation of at least two listed below and an offer of employment from the prospective U.S. employer:

• Evidence of receipt of major prizes or awards for outstanding achievement
• Evidence of membership in associations that require their members to demonstrate outstanding achievement
• Evidence of published material in professional publications written by others about the alien's work in the academic field
• Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field
• Evidence of original scientific or scholarly research contributions in the field
• Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field

(Extracted From USCIS Website)

EMPLOYMENT VISAS EXTRAORDINARY ABILITY

EMPLOYMENT-BASED IMMIGRATION: FIRST PREFERENCE EB1

You may be eligible for an employment-based, first-preference visa if you have an extraordinary ability, are an outstanding professor or researcher, or are a multinational executive or manager.

Each occupational category has certain eligibility requirements that must be met:

Category: Extraordinary Ability

Description:

You must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim.

Your achievements must be recognized in your field through extensive documentation. No offer of employment is required.

Evidence:

You must meet 3 of 10 criteria or provide evidence of a one-time achievement (i.e., Pulitzer, Oscar, Olympic Medal)

Criteria for Demonstrating Extraordinary Ability:

You must meet 3 out of the 10 listed criteria below to prove extraordinary ability in your field:

1. Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence
2. Evidence of your membership in associations in the field which demand outstanding achievement of their member
3. Evidence of published material about you in professional or major trade publications or other major media
4. Evidence that you have been asked to judge the work of others, either individually or on a panel
5. Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
6. Evidence of your authorship of scholarly articles in professional or major trade publications or other major media
7. Evidence that your work has been displayed at artistic exhibitions or showcases
8. Evidence of your performance of a leading or critical role in distinguished organizations
9. Evidence that you command a high salary or other significantly high remuneration in relation to others in the field
10. Evidence of your commercial successes in the performing arts

(Extracted From USCIS Website)

EMPLOYMENT VISAS NATIONAL INTEREST WAIVER

EMPLOYMENT-BASED IMMIGRATION: SECOND PREFERENCE EB2

Category: NATIONAL INTEREST WAIVER

Description: 

Aliens seeking a national interest waiver are requesting that the Labor Certification be waived because it is in the interest of the United States. Though the jobs that qualify for a national interest waiver are not defined by statute, national interest waivers are usually granted to those who have exceptional ability (see above) and whose employment in the United States would greatly benefit the national. Those seeking a national interest waiver may self-petition (they do not need an employer to sponsor them) and may file their labor certification directly with USCIS along with their Form I-140, Petition for Alien Worker.

Evidence:

You must meet at least three of the criteria below and demonstrate that it is in the national interest that you work permanently in the United States:

1. Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability
2. Letters documenting at least 10 years of full-time experience in your occupation
3. A license to practice your profession or certification for your profession or occupation
4. Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability 
5. Membership in a professional association(s)
6. Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
7. Other comparable evidence of eligibility is also acceptable.

(Extracted From USCIS Website)

"Dear David,

I thank you so much for the time you spent solving my wife’s issues at the LAX immigration."

“I will never forget what you have done!”

“Great news, thanks for all your help Allisson and David!”

K.K.

"Thank you, now our family can continue to all be together.”

R.H.

10/18/2010

"Thank you! I thought my case was impossible.”

C.P.
10/21/2010

For more than thirty years our Law firm has represented thousands  of successful immigrant and non immigrant visa and citizenship cases before Government agencies and the Immigration Courts. We are proud that our clients are happy with the results of our work in many different areas of Immigration law including family petitions; employment visas; investor visas and Deportation Defense including our Published immigration litigation Cases in the Circuit Courts:

Vukmorovic V Holder (9th Cir. 2004)

Since that time we have been providing clear and impartial advice to individuals and businesses from all over the world. Our office currently serves the Greater Los Angeles region including Orange, Riverside and San Bernardino Counties. We also work remotely or with associate counsel to  assist our clients with immigration law cases in other parts of California and throughout the United States. We help guide our clients through the Immigration maze in order to obtain the best results from the various Government Agencies and Courts which deal with United States Immigration and Naturalization matters

We take pride in giving personal attention and service and in finding creative and ethical solutions to complex immigration and visa questions. We look to solve problems by applying our legal expertise with careful consideration of the practical aspects of each individual case. Our legal fees are fair and

reasonable and we provide several payment options including installment billing and accept major credit cards.

DAVID B GARDNER

Certified Specialist, Immigration and Nationality Law

David B Gardner is certified as a specialist in Immigration and Nationality Law by the State Bar of California. He has more than 40 years professional legal experience advising clients on United States Immigration Law, as well as , International Business, Taxation and Estate Planning matters. Mr. Gardner was admitted as a Solicitor in England and Wales in 1974 and as a Solicitor in Hong Kong in 1984. He became a member of the California Bar in 1979 and is admitted to the U.S. District Court for the Central District of California; to the U.S. Court of Appeals for the Ninth and Fifth Circuit and the United States Tax Court. He graduated from the University of Sussex, in England with a Bachelor’s degree in Law and Social Science.  He completed graduate studies at Northrop University, California (now University of West Los Angeles), with a Masters degree in Taxation in 1980 and subsequently taught at Northrop University as an Adjunct Professor of International Taxation. He is the author of: "IRS, INS and Foreign Entertainers," published in the Hastings Law Review, and has written numerous articles and spoken on immigration law and practice. He founded Law Offices of David B Gardner in 1985 as an international law practice and since 1996, following a law firm merger Mr. Gardner has practiced primarily in the areas of Immigration and Nationality Law. In addition to his work with international investors, businesses and entrepreneurs, Mr. Gardner represents clients in all types of immigration cases before Agencies of the Department of Homeland Security, the Executive Office for Immigration Review (Immigration Courts and the Board of Immigration Appeals) and in the Federal District Courts and Circuit Courts of Appeal. He was lead counsel in Vukmirovic v. Ashcroft, 362 F. 3d 1247(9th Cir. 2004.) and Vukmirovic v. Holder (9th Cir. Sept. 2010). He has successfully represented clients in many other appeals in the Ninth Circuit, Board of Immigration Appeals and the Administrative Appeals Office of the Department of Homeland Security.

E-2 and EB5 Investor Visas