Our immigration attorneys can help you obtain a nonimmigrant visa. A nonimmigrant visa would apply if you are a citizen of a foreign country and wish to enter the United States for an extended period of time for business or employment purposes. Depending on the requirements, you can apply for the following nonimmigrant visas and we can help:

H1B Visa (Temporary Worker Visa)

An H1B visa is only intended for temporary employment in the United States. The H1B temporary work visa is reserved for individuals entering the U.S. to provide services in a specialty occupation, which often requires highly specialized knowledge of a bachelor's degree or higher. It important to note that an H1B visa temporary employee is only allowed a total maximum stay in the United States for six years. For a full description on H1B Visa qualifications click here

L1 Visa (Intracompany Transferees Visa)

An L1 Visa allows global multinational corporations to transfer employees working abroad to their United States offices. In order to qualify for an L1 Visa the following requirements must be met:

    >>  Applicants must have been employed for at least one year within the past three years prior to the submission of the application of the L-1 visa.
    >>  The applicant must be coming to the U.S. to continue providing services for this same employer.
    >>   The alien must be working in a capacity as a manager, executive or in a position that requires specialized knowledge.
    >>  For a full description on the L1 Visa click here

K1 Visa (Fiance Visa)

    >>  A K1 Visa is a means for a nonimmigrant to enter the United States for the purpose of marriage. You must complete two steps to apply for a K1 Visa.
    >>  K1 fiance visa petition completed by U.S. citizen
    >>   K1 visa application request submitted by alien in their home country's U.S. consulate
    >>  There are several documents and requirements that must be met in order to obtain a K1 visa. For a full description on K1 Visa qualificationsclick here

TN Visa (Citizens of Mexico or Canada Visa)

The TN Visa (or classification) was created by the North America Free Trade Agreement (NAFTA) for citizens of Mexico and Canada. The TN visa is only available to working professionals that reside in either of the two countries. In order to qualify for a TN Visa your profession must be on the NAFTA list. For a full description on the TN visa and the requirements click here

E Visa (for Treaty Traders & Investors)

An E Visa is intended for nationals from a treaty country conducting substantial commercial and economic trades or investments in the United States. E1 visas apply to Treaty Traders and E2 Visas apply to Treaty Investors. There are several requirements that a national from a treaty country must meet to receive an E Visa. For a full description on an E Visa and the requirements click here

O Visa (Extraordinary Ability Visa)

An O Visa is only applicable to aliens with "extraordinary" ability in the arts, sciences, education, athletic or business fields. The main requirement for an O Visa is to have achieved top recognition and acclaim in the profession or endeavor which will also be pursued in the United States. The beneficiary of an O visa is allowed to remain in the U.S. until the event, project or activity is completed for which the alien has been admitted to the U.S. For a full description on an O Visa requirements click here

P Visa (Athletes and Entertainers Visa)

A P Visa category is applicable to athletes or entertainers that cannot qualify for the O Visa category which requires recognized extraordinary abilities. There are three types of P Visa classifications

    >>  P1 Visa Classification : Internationally recognized individuals or members of a group within an athletic team or entertainment group
    >>  P2 Visa Classification : Artists or entertainers performing under a reciprocal exchange program
    >>  P3 Visa Classification : Artists or entertainers performing under a culturally unique program

For a full description on P Visa classifications and the requirements click here

R Visa (Religious Worker Visa)

The R Visa is intended for religious workers seeking admittance into the United States. One of the qualifications for an R Visa is to conduct or aid in some form of work in a religious vocation for the R Visa applicant's denomination. For a full description on R Visa requirements click here

Immigrant Visas

The law office of J. David Pena and Associates is qualified in handling immigrant visas to help obtain lawful permanent residency. Depending on the requirements you can apply for the following immigrant visas and we can help:

• Visa Lottery
• Employment Based
• Marriage to Us Citizen
• PERM (Alien employment certification application)

Visa Lottery(Green Card Visa)

A Visa lottery, also known as the Diversity Immigrant Lottery Visa, is responsible for granting permanent residence to applicants through a random computer generated lottery drawing. To qualify for the lottery program an applicant must meet two requirements

    >>  Applicant must be able to claim nativity in an eligible country (through marriage or parents)
    >>  Applicant must meet education or training requirement

    >>  In order to be entered into the lottery program, a Visa Lottery application must be completed in the right format and cannot have content errors. For a full description on the Visa Lottery and the requirements click here

Employment Based Visas

An employment based visa allows permanent residence in the United States through three types of preferences:

    >>  Employment First Preference (Eb1) : Applies to applicants with extraordinary abilities in the arts, sciences, education, business, or athletics. Applicants in this category do not need to have a job offer to enter the U.S. so long as they continue to work in the field in which they exhibit extraordinary abilities

    >>  Employment Second Preference (Eb2) : Applications must have a labor certification approved by the Department of Labor, or Schedule A designation. Otherwise they must establish eligibility for one of the shortage occupations in the Labor Market Information Pilot Program. A job offer is required under as a second preference and the U.S. employer must file a petition on behalf of the applicant.

    >>  Employment Fifth Preference (Eb5) : An applicant must invest between $500,000 and $1,000,000 U.S. dollars into a commercial enterprise in the U.S. The amount to invest depends upon the employment rate in the geographical area. The endeavor must create at least 10 new full-time jobs for U.S. citizens, permanent resident aliens, or other lawful immigrants, not including the investor and his or her family. For a full description on Employment Based Visas and the requirements click here

    >>  Visa through Marriage to Us Citizen (Green Card) A green card can be gained by an alien that marries a U.S. citizen. However the foreign national still needs to obtain their permanent residency through visa processing or AOS. For a full description on green cards through marriage to a U.S. citizens click here

PERM(Alien employment certification application)

Program Electronic Review Management or PERM, is a means to process alien employment applications with the U.S Department of Labor (DOL). PERM processing can be done in 45-60 days (if there is no DOL audit). This type of employment visa processing provides faster negotiations and allows online filing. For basic requirements and PERM labor certifications click here