©2019 by MIAO & ASSOCIATES, PLLC

Phone: 718-888-7786

Email: xinmiao@miaolaw.com

Web: www.miaolaw.com

Address: 39-07 Prince Street, Suite 6F, Flushing, NY 11354

Employment-Based Immigration

(Green Card)

EB-1A Extraordinary Ability

EB-1B Outstanding Professor/Researcher 

EB-1C Multinational Executives and Managers

EB-2 Labor Certificate through PERM

EB-2 National Interest Waiver 

EB-3 Labor Certificate through PERM

1. EB-1A Extraordinary Ability (Three Service Options Available) This classification applies to aliens who have extraordinary ability in the sciences, arts, education, business, or athletics. The general requirement is that the individual should have risen to the “top of her/his field of endeavor.”

 

2. EB-1B Outstanding Professor/Researcher (Three Service Options Available) This classification applies to aliens who are internationally recognized for being outstanding in a particular academic field. The basic requirements are (1) at least three years of relevant research or teaching experience, (2) a job offer for a permanent research position or a tenured or tenure-track teaching position, and (3) intent to teach or carry out research in the particular field in the United State.

 

3. EB-1C Multinational Executives and Managers This classification is designed to facilitate international transfer of executive or managerial personnel within multinational companies. The alien employee must show that he/she was employed by a company affiliated with the current U.S. employer as an executive or manager outside the U.S. for at least one year out of the past three years.

 

4. EB-2 Labor Certificate through PERM This classification applies to members of professions holding advanced degrees or aliens of exceptional ability. The EB-2 beneficiary must have a job offer and the employer must complete the Labor Certification process.

 

5. EB-2 National Interest Waiver (Three Service Options Available) The National Interest Waiver (NIW) is employment-based, second preference immigration petition. It is so named because it asks that the otherwise required Labor Certification requirement to be waived for the sake of “national interest”.

 

6. EB-3 Labor Certificate through PERM This category applies to professional workers, skilled workers and unskilled workers who have a job offer and a labor certification.

EB-5 Immigration (Green Card)

$500,000 invested in Regional Centers

New Commercial Enterprise

Foreign nationals can obtain permanent residence (Green Card) through an investment of $1,000,000 (or $500,000 dollars under certain circumstances) in a new commercial enterprise that employs at least ten US workers full-time and engage in the business through daily management or policy formation. This preference has around 10,000 visas per year, of which not less than 3,000 are reserved for “targeted employment areas”, and 3,000 are set aside for investors in designated Regional Centers under EB-5 Pilot Program.

  • $500,000 invested in Regional Centers

Created by the U.S. Congress in 1933, the Pilot Program is designed to encourage foreign investment by providing a vehicle for investment in the form of economic units known as “Designated Regional Centers.” The Regional Centers are private or public entities that have received government approval to participate in the program. They enable the amassing and pooling of capital for targeted investment in designated regions in the United States. Investments are not directly put into investor’s own business, but rather in a fund, previously approved by the U.S. government, that manages businesses.

  • New Commercial Enterprise

If you want to manage or operate the business by yourself, you can invest a minimum of one million dollars in creating a new U.S. business, or acquiring one that was established after November 29, 1990. The business must create at least ten full-time new job positions for US workers other than yourself and your family during the first two years.

Family-Based Immigration

(Green Card)

Visa for the Immediate Relative

Visa for the Preference Relative

K-1, K-2 Fiancé/e Visa

K-3, K-4 Spouse Visa

1. Family Sponsored Visa for the Immediate Relative of a U.S. Citizen The people qualified as immediate relatives are (1) spouses of U.S. citizens; (2) unmarried children of a U.S. citizen, under the age of 21; and (3) parents of U.S. citizens, if the U.S. citizen child is age 21 or older.

 

2. Family Sponsored Visa for the Preference Relative of a U.S Citizen or Green Card Holder

Family first preference. Unmarried children, any age, of a U.S. citizen

  • Family second preference. 2A: Spouses and unmarried children (under 21 years old) of green card holders; and 2B: unmarried children of green card holders, who are at least 21 years old.

  • Family third preference. Married children of a U.S. citizen, any age

  • Family fourth preference. Sisters and brothers of U.S. citizens who are at least 21 years old

 

3. K-1, K-2 Fiancé/e Visa A U.S. citizen can bring his/her foreign-born fiancé/e to the U.S. by applying for a K-1Visa and K-2 Visa for his/her children under 21 years old. The foreign-born fiancé/e must get married with the sponsored U.S. citizen and file green card within 90 days of U.S. entry.

 

4. K-3, K-4 Spouse Visa The K-3 and K-4 visas allow the spouses of U.S. citizens and the children of those spouses to come to the U.S. on K-3 / K-4 nonimmigrant visas. Once in the U.S., they can file to adjust to permanent resident status.

Other Services

H-1B Specialty Worker Visas

L-1 Intra-company Transferee Visas 

O-1 Extraordinary Ability Visas

F Visas and J Visas

B-1/B-2 Visas for Visitors

TN Visas for Canadians and Mexicans

Change/Extension of Status

1. H-1B Specialty Worker Visas

H-1B visas allow skilled professionals in a specialty occupation to work in the U.S. on a temporary basis. Person with a bachelor’s degree (or equivalent work experience) and an offer of professional level job can apply for this visa. Especially, we provide service to new set-up companies and self-petitioners as owners of companies.

 

2. L-1 Intra-company Transferee Visas

L-1 visas allow intra-company transferees to work in the U.S. branch of a foreign company. To be eligible for an L-1 visa, the transferee must have worked for that foreign company in an overseas location for at least one out of the past three years, and been employed in an executive or managerial capacity (for L-1A), or occupied specialized knowledge (for L-1B).

 

3. O-1 Extraordinary Ability Visas

O-1 visas are available to aliens of extraordinary ability or achievement in the sciences, arts, education, business, or athletics.

 

4. F Visas for Students and J Visas for Exchange Visitors

 

5. B-1/B-2 Visas for Visitors

 

6. TN Visas for Canadians and Mexicans under the North American Free Trade Agreement

 

7. Change/Extension of Non-immigration Status

NONIMMIGRANT VISAS (H, L, O, B, F, J, TN, E, ETC.)

Immigration-related Documents 

Evaluation, Consultation & Legal Seminar

1. Immigration-related Documents 

  • Adjustment of Status

  • Employment Authorization

  • Advance Parole

  • Reentry Permit

  • Removal of Conditions of Residence

  • Replacement of Permanent Resident Card

  • Naturalization

  • J-1 Waiver

 

2. Evaluation, Consultation & Legal Seminar

  • Free Evaluation: Our attorneys offer free evaluation on all kinds of cases to determine whether cases meet relevant eligibility criteria. Depending on clients’ preference, we can provide evaluation via face-to-face meeting, phone calls and emails.

  • Free Consultation: Our attorneys offer one 15-minute free in-person consultation to all new clients at our Flushing, Queens office.

  • Paid Consultation: For complex cases or legal advice on specific issues, we offer paid consultation at the rate of $100/half hour, or $180/hour via phone or face to face at our Flushing office. We also offer a 45-minute consultation at our Manhattan office at the rate of $180 for a meeting with 1-2 clients, or $220 for a meeting with 3-4 clients. For any inquiry, please contact us directly for details.

  • Legal Seminar: Our attorneys offer legal seminar and Q&A section for a group of five or above clients. The seminars normally last 1.5 hours with standard fee starting from $380. For any inquiry, please contact us directly for details.

Other Services

H-1B Specialty Worker Visas

L-1 Intra-company Transferee Visas 

O-1 Extraordinary Ability Visas

F Visas and J Visas

B-1/B-2 Visas for Visitors

TN Visas for Canadians and Mexicans

Change/Extension of Status

1. H-1B Specialty Worker Visas

H-1B visas allow skilled professionals in a specialty occupation to work in the U.S. on a temporary basis. Person with a bachelor’s degree (or equivalent work experience) and an offer of professional level job can apply for this visa. Especially, we provide service to new set-up companies and self-petitioners as owners of companies.

 

2. L-1 Intra-company Transferee Visas

L-1 visas allow intra-company transferees to work in the U.S. branch of a foreign company. To be eligible for an L-1 visa, the transferee must have worked for that foreign company in an overseas location for at least one out of the past three years, and been employed in an executive or managerial capacity (for L-1A), or occupied specialized knowledge (for L-1B).

 

3. O-1 Extraordinary Ability Visas

O-1 visas are available to aliens of extraordinary ability or achievement in the sciences, arts, education, business, or athletics.

 

4. F Visas for Students and J Visas for Exchange Visitors

 

5. B-1/B-2 Visas for Visitors

 

6. TN Visas for Canadians and Mexicans under the North American Free Trade Agreement

 

7. Change/Extension of Non-immigration Status